This is the leading work on Swiss arbitration law by a recognised team of experts. The fully revised and supplemented Fourth Edition provides up-to-date information on the law and practice of international and domestic arbitration in Switzerland, including on the recent revision of Chapter 12 PILA in 2020. It provides a comprehensive analysis of all relevant aspects of arbitration, including the concept of arbitration, the sources of arbitration, arbitrability, and all aspects concerning the validity and scope of the arbitration agreement and its autonomy. Other topics include competence-competence, the jurisdiction of the arbitral tribunal, the arbitral procedure, the effects and limits of arbitral awards, setting aside as well as the recognition and enforcement of awards in Switzerland. All practitioners in the field will find this new edition invaluable.

This work applies discourse analysis to investment awards and WTO reports to unveil the narratives behind the use of unwritten law. Adopting a CLS and Neo-Gramscian approach, this linguistic inquiry studies the neoliberal and hegemonic structures of international economic adjudication. Cette etude developpe une analyse du discours du juge de l'OMC et de l'arbitre de l'investissement portant sur le droit non ecrit. En employant une approche critique et neo-gramscienne, elle s'interesse aux structures neoliberales et hegemoniques du contentieux international economique.

An established authority in the field, this work provides comprehensive analysis of the law and practice relating to internet domain names at an international level, combined with a detailed survey of the 35 most important domain name jurisdictions worldwide, including the US, UK, Germany, France, Italy, Netherlands, Japan, China, Singapore, Russia, Canada, and Australia, and new chapters on Israel, Mexico, South Korea, Brazil, Colombia, Egypt, Portugal, and South Africa. The survey includes extensive country-by-country analysis of how domain names relate to existing trade mark law, and upon the developing case law in the field, as well as the alternative dispute resolution procedures.
In its second edition, this work analyses, in depth, key developments in the field including ICANN's new gTLD program. The program, introducing many new top-level domains, will have far-reaching consequences for brand name industries worldwide and for usage of the internet. The complicated application process is considered in detail as well as filing and review procedures, the delegation process, the role and function of the Trademark Clearing House and the Sunrise and Trademark Claims Services, dispute resolution, and new rights protection mechanisms.
Other developments covered include new registration processes such as the use of privacy and proxy services, as well as the expansion of the scope of internationalized domain names, including the addition of a number of generic top-level domains such as ."tel" and ."travel." Also considered are developments relating to the Uniform Domain Name Dispute Resolution Policy (UDRP) in terms of the nature of cases seen under the Policy and the number of cases filed, as well as the recent paperless e-UDRP initiative. The Uniform Rapid Suspension System, working alongside the UDRP in the new gTLD space, is also discussed in a new chapter on this process.
Giving detailed information about the registration of domain names at national, regional and international levels, analysis of the dispute resolution processes at each of those levels, and strategic guidance on how to manage domain names as part of an overall brand strategy, this leading work in international domain name law is essential reading for practitioners in the field.

In the context of harmonisation of arbitration law and practice worldwide, to what extent do local legal traditions still influence local arbitration practices, especially at a time when non-Western countries are playing an increasingly important role in international commercial and financial markets? How are the new economic powers reacting to the trend towards harmonisation? China provides a good case study, with its historic tradition of non-confrontational means of dispute resolution now confronting current trends in transnational arbitration. Is China showing signs of adapting to the current trend of transnational arbitration? On the other hand, will Chinese legal culture influence the practice of arbitration in the rest of the world? To address these challenging questions it is necessary to examine the development of arbitration in the context of China's changing cultural and legal structures. Written for international business people, lawyers, academics and students, this book gives the reader a unique insight into arbitration practice in China, based on a combination of theoretical analysis and practical insights. It explains contemporary arbitration in China from an interdisciplinary perspective and with a comparative approach, setting Chinese arbitration in its wider social context to aid understanding of its history, contemporary practice, the legal obstacles to modern arbitration and possible future trends. In 2011 the thesis on which this book was based was named 'Best Thesis in International Studies' by the Swiss Network for International Studies. "What distinguishes this work from other books on international arbitration is its interdisciplinary perspective and comparative approach...this book makes a remarkable contribution to the understanding of arbitration in China and transnational arbitration in general. Academics, scholars and students of international arbitration, comparative studies and globalisation may all find this book stimulating. It also provides useful guidance for practitioners involved or interested in arbitration in China." From the Foreword by Gabrielle Kaufmann-Kohler

This comprehensive and practical reference work offers extensive coverage of international arbitration as practiced across 24 key jurisdictions. In recent decades, there has been an extraordinary growth in arbitration throughout Asia and consequently arbitration centers in Singapore, Hong Kong and mainland China continue to report a steady increase in the number of cases. This handbook is the first to offer practitioners detailed guidance to help resolve issues that are likely to arise throughout the arbitration process and advise them of localized particularities in some areas which have very different arbitration traditions and judicial systems.
Containing specific chapters on jurisdictions throughout Asia (including Australasia) and a chapter devoted to the ICC in Asia, the book offers an impressive level of detail including information on key arbitration trends and statistics. A common structure allows for ease of navigation and quick, comparative cross-referencing between jurisdictions as well as ensuring consistent coverage across the chapters. The jurisdictions covered include People's Republic of China (mainland), Hong Kong SAR, Singapore, India, Australia, Korea, Malaysia, New Zealand, Japan, Indonesia, Philippines, Thailand, Taiwan, Vietnam, Brunei, Pakistan, Bangladesh, Kazakhstan, Cambodia, Laos, (MASAO) SAR, Mongolia, Myanmar, and Sri Lanka. The editors Michael Moser and John Choong have worked with a strong author team of Asia arbitration experts to comment on the methods of practice in each specific area and provide practical solutions in response to practical issues.
The Asia Arbitration Handbook is unique in its coverage of investor-state arbitration and bilateral investment treaties in this region, making it the first reference work to cover the law and practice of local arbitration, international commercial arbitration and investor-state arbitration in the key Asian jurisdictions. Its exhaustive scope both in terms of covered jurisdictions and content for each jurisdiction will make it a valuable addition to every law firm and in-house legal team library concerned with arbitration in Asia.

Procedural issues are an area of increasing complexity and concern in modern investment arbitration, and one in which very little guidance currently exists. Indeed, there are a number of important points of departure from the procedural rules commonly adopted in the context of international commercial arbitration. Procedural Issues in International Investment Arbitration is the first text of its kind to address this gap, examining the most prevalent and controversial procedural issues that arise in investment arbitrations conducted under the ICSID, UNCITRAL, and other arbitral rules. Written by international arbitration experts, the book takes the reader through an investment arbitration in chronological order, identifying each key procedural issue in turn and providing details of the relevant precedents. It charts the process of an arbitration from applicable law and first sessions right through to post-hearing applications and costs. Fully cross-referenced and tabled, Procedural Issues in International Investment Arbitration is an invaluable and practical guide to issues of increasing importance and relevance in ICSID and other arbitrations today.

This book explains one hundred facts about arbitration proceedings that every in-house lawyer must know, and every outside counsel needs to communicate in a nutshell to their clients. It is broken down into ten chapters outlining ten concepts each. This clear and concise format makes these facts easily accessible for in-house counsel members and attorneys who need a straight-forward, no frills explanation of core concepts in international arbitration.

In Addressing Corruption Allegations in International Arbitration, Brody K. Greenwald and Jennifer A. Ivers provide a comprehensive overview of the key issues that arise in international arbitrations involving allegations of corruption by drawing upon their significant experience in these high-stakes cases, including in the only two reported investment treaty cases dismissed specifically as a result of corruption. Their monograph is a valuable resource that analyzes, among other things, the public policy against corruption, the requirements for establishing corruption, issues relating to the burden and standard of proof, how corruption has been proved in practice, and the legal consequences where corruption is established. Mr. Greenwald and Ms. Ivers also assess issues that arise where a sovereign State raises an arbitration defense based on alleged corruption, but does not prosecute the alleged wrongdoers in its domestic courts.

Focusing on practical principles or guidelines for arbitrators, this book covers everything a prospective international commercial arbitrator should know about conducting an arbitration in Hong Kong. Specifically geared to those interested in or starting work as an international commercial arbitrator in Hong Kong, the book takes readers step-by-step through the problems that are likely to arise in the conduct of a commercial arbitration and in the development of their careers as international commercial arbitrators.

The fair and equitable treatment ('FET') standard is a type of protection found in BITs which has become in the last decades one of the most controversial provisions examined by arbitral tribunals. This book first examines the interaction between the 'minimum standard of treatment' (MST) and the FET standard and the question why States started referring to the former in their BITs. It also addresses the question whether the FET should be considered as an autonomous standard of protection under BITs. This book also examines the controversial proposition that the FET standard should now be considered as a rule of customary international law. I will show that while the practice of States to include FET clauses in their BITs can be considered as general, widespread and representative, it remains that it is not uniform and consistent enough for the standard to have crystallised into a customary rule. States also lack the necessary opinio juris when including the clause in their BITs.

Commercial Arbitration: The Scottish and International Perspectives thoroughly analyses the Arbitration (Scotland) Act 2010 and the most important current issues arising from international commercial arbitration. Legal case studies comparing Scots and international practice provide you with a practical insight to the various aspects of arbitration. The international practice chapters include UNCITRAL Model Law, UNCITRAL Arbitration Rules, institutional arbitration rules and International Bar Association arbitration guidelines.

The manual deals with the relevant legal framework and the confidentiality of the arbitration procedure after an introduction into the peculiarities of arbitration disputes concerning IP disputes. Special emphasis is placed on the recitals in the drafting of the agreement, including the special features of the FRAND arbitration procedure. Furthermore, a description of what is to be observed in the implementation of the arbitration procedure and what remedies are available to the arbitration parties are presented in a practical manner. Finally, questions of the enforcement of arbitration laws in the field of intellectual property are dealt with. An indispensable tool for lawyers and patent attorneys.

Now in its third edition, International Project Finance is the definitive guide to legal and practical issues relating to international projects. The book considers the application of English and New York law in cross-border documentation and legal and practical matters associated with running financing projects in civil law jurisdictions. Different sources of funding are also examined, such as banking and international bond documentation, and Islamic financing practice, in particular the use of Murabaha financing techniques and Sukuk (Islamic bond) market. This includes the legal and documentation issues arising from the use of such financing techniques and how they interact with each other from a legal and contractual perspective. Equally significant, the book provides analysis of project defaults and work-outs giving guidance on how to manage projects when these circumstances arise. The book also contains extensive coverage of dispute resolution in international projects. New to this edition is a chapter on development finance institutions covering the work of bodies such as the World Bank and the African Development Bank. This chapter explains the key roles played by these institutions in international project finance, especially in emerging markets. It covers the key policy issues and the impact of such policies on project finance documentation. As well as addressing the basic principles which affect the structuring and documentation of project financings, the book also explains structural, legal and contractual differences between the various sectors such as transportation, infrastructure/Public Private Partnerships, conventional, renewable and nuclear power, mining, and oil and gas. Telcommunications, including broadband, are covered in more detail in a separate section for this edition. This book provides the context of international project finance which underpins the understanding of legal analysis in this area. It includes detailed guidance on practical issues such as the identification and assessment of project risk, together with relevant documentation such as risk matrices and checklists covering both key project contracts and the major terms of a project financing. With its focus on international projects and emphasis on the practical application of the law, this book is an essential reference work for all practitioners in the field.

Following the success of International Energy Investment Law: The Pursuit of Stability, this updated and expanded second edition re-examines and assesses the variety of contract- and treaty-based instruments in commercial and international law that strive to protect the respective interests of investors and states in the international energy industry. Over past years an unprecedented growth of international investment law in the form of BITs, MITs, other treaty-based instruments, and domestic legislation has fundamentally altered the legal framework and offers extensive scope for international arbitration in the event of disputes. A wave of unilateral state action has tested the system in a number of high-value commercial disputes, most evidently in Latin American, Eastern Europe, and sub-Saharan Africa; protection for investors is being tested as arbitrators develop new notions of legitimate expectation and give content to fair and equitable treatment, while mapping out more precisely the duties which investors owe to host states. This book critically examines the interaction between contract and treaty forms of stability in the new multi-tier setting, including highly detailed regional case studies of Latin America, Eastern Europe, and (new to this edition) Africa. Central to the new edition is its expanded content on renewable energy, including claims under the Energy Charter Treaty, and energy-related minerals now playing a key role in the transition to a low carbon economy; the updated chapter on environmental issues also addresses decommissioning and low carbon/climate change issues. The book also considers emerging issues in unconventional oil and gas, issues arising from energy network operation including transit, and damages issues arising in energy cases. Particular attention is paid to the practical impact of these issues and the enforcement of awards by arbitration tribunals and bodies such as the ICSID, the ICC, and the LCIA. In its concluding section, the book looks forward to new challenges arising from climate change, human rights, and environmental issues.

While the availability and efficacy of arbitration in London, Paris and New York is well known, and the popularity of the Swiss system widely accepted, less is known about the mechanisms available for arbitrating international disputes in Germany. In fact, Germany boasts a well-developed system of arbitration which is streamlined, efficient and inexpensive, but which has been hitherto overlooked in favour of other jurisdictions. This new work by experienced German arbitrators, explains in detail the workings of the German system for international arbitration - the basis of its code, its institutional architecture and its procedural features. Thus this work presents, for the first time, the full workings of the German system to an English-speaking audience.

Many have talked of a 'new wave' of restitution claims prompted by the Sarr-Savoy report. This has been further enhanced by the announcement by the Open Society Foundation in November 2019 of $15 million of support for action to restore objects to Africa, including through litigation. A series of formal claims to European museums for the return of objects was reported in 2019. The sustained high level of public interest in the restitution debate, combined with the generally stubborn response of host nations, suggests that this pattern will continue. Cultural Restitution Claims: A Legal Handbook provides a concise and practical account of the international law relevant to cross-border claims for the restitution of cultural property. It covers both the supranational legal framework and the domestic legal position in a number of key jurisdictions, namely the UK, US, Switzerland, France, Germany, Italy, Spain and China, drawing on the expertise of practitioners in those jurisdictions. It also relates the present state of the law to the evolving political and ethical debate and engages in critical comparison of the position in different jurisdictions. The book serves as a practical resource for those asserting or responding to claims for the return of objects, whether in the context of formal litigation or otherwise, as well as for those with a professional or policy interest in the restitution debate.