Examining the notion, nature, and extent of consent in both commercial arbitration and investment arbitration, this book provides practitioners and academics with a thorough, case-related analysis of an issue which raises many questions. Whilst considering the evolution of arbitration and its consensual nature - enlargement of the parties' freedom to consent to arbitration, and development from commercial arbitration to investment arbitration - it addresses important theoretical questions to offer practical solutions. These include: how consent to arbitrate is expressed and when mutual consent to arbitration is reached; which law shall govern the arbitration agreement or, more particularly, consent as an element of the substantive validity of it; and, conversely, according to which law will a possible lack of consent be judged; how consent should be interpreted; which relationship exists between consent as part of the substantive validity of an arbitration agreement and its formal validity; which, if any, are the implied terms when consenting to arbitration; how consent to arbitrate influences procedural aspects (counterclaims, joinder, consolidation), and which solutions adopted by treaties, national laws or arbitration rules are, or would be, the most respectful of parties' consent in this respect; what in investment arbitration is the relationship between consent and most-favoured-nation clauses or the influence of umbrella clauses. The book includes original arguments and puts forward new suggestions with regard to the changeable consensual character of arbitration. It also provides a particular focus on problems that frequently arise in practice of international arbitration, for example issues related to complex multiparty arbitration and to jurisdictional questions in investment arbitration.

The regulation of foreign investment represents one of the most topical and controversial subjects in European Union law and international investment law. EU foreign investment law is emerging as a critically important issue, particularly since the introduction of EU competence over foreign direct investment after the Lisbon Treaty and the recent successful challenge of the compatibility of Member States Bilateral Investment Treaties with EU law. Within this framework, the book sets out to identify whether and to what extent the EU has become an international actor in the field of foreign investment. Exploring the existing legal framework on the scope and exercise of EU competence and its legal effects, it examines the foundations upon which EU investment policy is based and will be based in the future. The book addresses questions relating to the definition of foreign investment; the scope of EU competences; the exercise of EU powers; the substantive content of existing and future EU International Investment Agreements; and the objectives of EU investment policy and its EU law effects. From this grounding, the study widens to scrutinize the influence that the EU exerts on international law and regulation of foreign investment. Paying careful attention to the substantive content and orientation of EU International Investment Agreements, the book takes a comparative approach to the content of Bilateral Investment Treaties, as well as to the ramifications of EU foreign investment regulation for international law, especially with regard to the EU's international responsibility. Taking into account the recent developments in the field, this book provides the first comprehensive treatment of the legal, practical, and political concerns that the creation of an EU common investment policy creates.

With the increasing growth of international commercial transactions in Asia and the Pacific, this work provides the essential rules and laws governing commercial dispute resolution in these jurisdictions. Litigation in a foreign jurisdiction can be time consuming, expensive, and very uncertain. Thus, lawyers and business professionals are now turning to arbitration and mediation to find quick and inexpensive ways to resolve their commercial disputes.
Designed for the convenience of Pacific Rim specialists and international business professionals, this single volume resource provides comprehensive coverage of Pacific Rim countries and regions such as Asia, Australia, Indonesia, Philippines, and New Zealand. Full-text material presents national rules and enactments, regional conventions, and international agreements governing commercial arbitration. Authoritative English translations guide the reader through the arbitration practice and procedure of these jurisdictions.

This volume brings together significant contributions from leading voices in academia, the legal profession and government on the increasingly important topic of international investment and the legal system in which it operates. With the burgeoning size of international capital flows matched only by an explosion in international agreements intending to regulate the field, there is increasing potential for incoherence amongst and between treaties and arbitral decisions. The Columbia Program on International Investment, a joint undertaking of Columbia Law School and the Earth Institute, has taken on the challenge of the international investment law system and in April 2006 held its first symposium, "Coherence and Consistency in International Investment Law." Appeals Mechanism in International Investment Disputes is one important result: It compiles, compares and contrasts the analysis and arguments of the leading scholars, practitioners and government officials on the future of the international investment law regime. Its special emphasis is on the question of an appellate body for international investment disputes. The authors also seek ways to streamline and improve the system, channeling the benefits of free trade and investment flows to people in both the developing and emerging markets. The Appendices provide readers with extensive background material to place the chapters into context. Selected sections include concise commentaries to further illuminate the timely themes covered by the chapters. The volume is singular in its success at bringing together so many exceptional individuals on a question of growing import-how to improve the international law regime to increase prosperity and further global development. If a reader wants to know what the influential voices in international law are saying right now, and in a concise and readable format, this is the publication to have.

The Iran-United States Claims Tribunal, which has been called the most significant arbitral body in history, celebrated its 25th anniversary in 2006. As of mid-2005, the Tribunal had issued over 800 awards and decisions--a total of 600 awards (including partial awards and awards on agreed terms), 83 interlocutory and interim awards, and 133 decisions--in resolving almost 3000 cases. The Tribunal's awards have been described as the most important body of international arbitration jurisprudence. The significance of these decisions as persuasive authority is second to none.
In this volume, experts in the field identify and comment on the Tribunal awards that are most important for international arbitration; i.e., the cases that everyone needs to know for investor-state and international commercial arbitration. The book approaches the Tribunal's work from a forward-looking perspective with emphasis on the continuing usefulness of awards and decisions issued by the Tribunal in international arbitration practice.
In addition to original contributions from an array of eminent authors (all of whom have extensive experience at the Tribunal and/or in investor-State and international arbitration), this book includes excerpts of key awards discussed in the contributions, as well as appendices with foundational documents for the Tribunal.
CONTRIBUTORS INCLUDE:
Roger P. Alford, Pepperdine University School of Law, former Legal Assistant, Iran-U.S. Claims Tribunal
David J. Bederman, Emory Law School, former Legal Assistant, Iran-U.S. Claims Tribunal
David D. Caron, C. William Maxeiner Distinguished Professor of Law, University of California, Berkeley, former Legal Assistant, Iran-U.S. Claims Tribunal
Jack J. Coe, Jr. Pepperdine University School of Law, former Legal Assistant, Iran-U.S. Claims Tribunal
Christopher R. Drahozal, John M. Rounds Professor of Law, University of Kansas School of Law; former Legal Assistant, Iran-U.S. Claims Tribunal
Christopher S. Gibson, Suffolk University Law School; former Legal Assistant, Iran-U.S. Claims Tribunal
Mark R. Joelson, Law Office of Mark R. Joelson
Lucinda A. Low, Steptoe & Johnson
Andrea J. Menaker, Office of the Legal Advisor, U.S. Department of State
Sean D. Murphy, George Washington University Law School, former U.S. Agent to the Iran-U.S. Claims Tribunal
Daniel M. Price, Sidley Austin, former Deputy U.S. Agent to the Iran-U.S. Claims Tribunal
Jeffrey F. Pryce, Steptoe & Johnson

The recent explosion of investment treaty arbitration marks a major transformation of both international and public law, above all because of the manner in which states have delegated core powers of the courts to private arbitrators. This book outlines investment treaty arbitration as a public law system and demonstrates how the system goes beyond all other forms of international adjudication in giving arbitrators a comprehensive jurisdiction to determine the legality of sovereign acts and to award public funds to businesses that sustain loss as a result of government regulation. The analysis also reveals some startling consequences of transplanting rules of commercial arbitration into the regulatory sphere. For instance, the system allows public law to be interpreted by arbitrators in private as a matter of course, with limited scope for judicial review. Further, arbitrators can award compensation to investors in ways that go beyond domestic systems of state liability, and these awards may then be enforced in as many as 165 countries, making them more widely enforceable than any other adjudicative decision in public law. The system's mixture of private arbitration and public law undermines accountability and openness in judicial decision-making. But, most importantly, it poses a unique and fundamental challenge - hitherto neglected by other commentators - to the principle of judicial independence. To address this, this book argues that the system be replaced with an international investment court, properly constituted according to public law principles, and made up of tenured judges.

This concise yet comprehensive textbook introduces the reader to the law and practice of international arbitration. Arbitration is a complex field due to the variety of disciplines involved and necessitates an approach that takes nothing for granted. Written by a renowned scholar and practitioner, this book explains the divergent issues of civil procedure, contracts, conflict of laws, international law amongst others in an accessible manner. Focusing mainly on international commercial arbitration, the book also features a distinct chapter on consumer and online arbitration and an equally comprehensive chapter on international investment arbitration.

"International Commercial Arbitration" explores the laws, rules, international treaties and agreements, and regional conventions that dictate procedures in this dynamic area of the law. All of the materials contained in this comprehensive set are translated into English and organized according to jurisdiction for easy access. The arbitral process - from the arbitration initiation and choice of venue to enforcement to the award - 112 jurisdictions and 113 arbitral institutions and associations are found in this complete source. It is updated approximately four times per year.

International commercial arbitration has undergone fundamental changes in most countries of Latin America in the last decade, especially in the countries of the MERCOSUR and the associated countries. This manual provides practitioners and scholars alike with quick access to and in-depth analysis of the laws of Argentina, Bolivia, Brazil, Chile (including the new law on international commercial arbitration of September 2004), Paraguay, and Uruguay, as well as of the relevant international treaties, such as the MERCOSUR-Agreements of 1998.
The book follows the structure of the UNCITRAL-Model Law, which guarantees easy access to the sometimes complicated national laws. The direct topical comparative analysis provides for a deeper insight than mere country reports. Interviews with nearly 100 judges, lawyers, and scholars assure that the practical reality is well reflected in the analysis. A bilingual annex contains the English translations of all relevant legislation.

This is the only publication to focus on transatlantic disputes involving England and the United States. Despite their common legal heritage, there are fundamental differences between the processes of dispute resolution in each of the two countries. This work elucidates those differences so that those engaged in transatlantic business understand in advance the risks of litigation in the other country. Each chapter is co-written by an English attorney and a United States lawyer, ensuring that legal and practical considerations are addressed from both perspectives.
This essential desktop reference answers such questions as:
. In what circumstances can a party be subject to jurisdiction in England or the United States?
. If a dispute is being litigated in the courts of one country, but evidence is located in another, what are the procedures for obtaining evidence for use in the foreign court?
. How can one enforce a judgment obtained in England in the United States, and vice versa?
. What strategies can a party use in the event of parallel proceedings in both England and the United States?"

This book argues that it can be beneficial for the United States to talk with 'evil' - terrorists and other bad actors - if it engages a mediator who shares the United States' principles yet is pragmatic. It shows how the US can make better foreign policy decisions and demonstrate its integrity for promoting democracy and human rights, by employing a mediator who facilitates disputes between international actors by moving them along a continuum of principles, as political parties act for a country's citizens. This is the first book to integrate theories of rule of law development with conflict resolution methods, and it examines ongoing disputes in the Middle East, North Korea, South America and Africa. It draws on the author's experiences with The Carter Center and judicial and legal advocacy training to provide a sophisticated understanding of the current situation in these countries and of how a strategy of principled pragmatism will give better direction to US foreign policy abroad.

This concise, in-depth guide explores the pros and cons of arbitration, the role of national laws, key elements of the arbitration agreement, and includes a detailed analysis of arbitration procedures. Standards of conduct of the arbitrator, enforceability, challenges, modification of awards, and awards and remedies are covered.
The Appendices include:
- UNCITRAL Arbitration Rules
- Arbitration Rules of the International Chamber of Commerce
- The UNCITRAL Model Law on International Commercial Arbitration
- Texts of the New York and Panama Conventions
- Model UNCITRAL and ICC arbitration clauses
- Information about the major arbitral centers throughout the world.

This work is a clear, easy-to-understand guide to the issues and decision points encountered when planning to resolve, or avoid, a transnational dispute. Each basic concept and all facets of litigation procedure and strategy are explored in the context of multi-jurisdictional interaction; that is, exposing the characteristics of one legal system which may, or may not, be available in the other. The analysis elucidates the choices available at the different stages of a transnational litigation. These choices appear in each and every phase of litigation, as well as during the planning process when dispute avoidance is the primary objective. The first half of this book is a practitioner's guide with ample descriptions of how to conduct litigation abroad. The second half is sub-divided into six appendices, and includes a table of cases and a topic index.

The Iran-U.S. Claims Tribunal, concerned principally with the claims of U.S. nationals against Iran, is the most important international claims tribunal to have sat in over half a century. Its jurisprudence is bound to make a uniquely important contribution to international law and, in particular, the law relating to aliens. The series is the only complete and fully indexed report of the decisions of this unique tribunal. These reports are essential for all practitioners in the field of international claims, academics in private and public international law and comparative lawyers as well as all governments and law libraries. Each volume contains a detailed consolidated index and tables of cases covering the whole series to date.

I am very pleased and proud to write the Foreword to this Book on the occasion of the Court of Arbitration for Sport (CAS) having completed its first twenty years of operations. And I warmly congratulate the ASSER International Sports Law Centre and the Editors, Ian Blackshaw, Rob Siekmann and Janwillem Soek - in cooperation with Andrew Gibson, Griffith University, Brisbane, Australia, and Steve Cornelius, University of Johannesburg, South Africa -, on their joint initiative in putting together and publishing this Book. The CAS has come a long way since the idea of establishing it was first mentioned by Juan Antonio Samaranch, the former IOC President. His vision and confidence in its future have been truly vindicated. Since its creation and up to 31 December 2003, 576 cases have been submitted, of which 550 were requests for arbitration and 26 for an advisory opinion. In 2004, there was a sharp rise in the number of cases handled by the CAS and this trend continues apace. Thus, the CAS goes from strength to strength and has a great future, having, in the words of the Swiss Federal Tribunal in its landmark judgement of 27 May 2003, "built up the trust of the sporting world and] . . . now widely recognised . . . as] . . . one of the principal mainstays of organised sport.

The Iran-U.S. Claims Tribunal, concerned principally with the claims of U.S. nationals against Iran, is the most important international claims tribunal to have sat in over half a century. Its jurisprudence is bound to make a uniquely important contribution to international law and, in particular, the law relating to aliens. The series is the only complete and fully indexed report of the decisions of this unique Tribunal. These Reports are essential for all practitioners in the field of international claims, academics in private and public international law and comparative lawyers as well as all Governments and law libraries. Each volume contains a detailed consolidated index and tables of cases covering the whole series to date.

Arbitration Law in America: A Critical Assessment is a source of arguments and practical suggestions for changing the American arbitration process. The book argues that the 80 year-old Federal Arbitration Act badly needs major changes. The authors, who have previously written major articles on arbitration law and policy, here set out their own views and argue among themselves about the necessary reforms of arbitration. The book contains draft legislation for use in international and domestic arbitration and a detailed explanation of the precise justifications for proposed legislative changes. It also contains two proposals that might be deemed radical - to ban arbitration related to the purchase of products by consumers and to prohibit arbitration of employment disputes. Each proposal is vetted fully and critiqued by one or more of the other co-authors.

In recent years, international arbitration has become plagued by different forms of substantive and procedural abuse. For example, we have witnessed a rise in cases where parties restructure their investments in an abusive manner by altering one of its features purely to gain access to ICSID arbitration. Similarly, the increasingly common practice of initiating parallel arbitral proceedings in order to maximise a party's chances of success, and the undesirable possibility of inconsistent decisions pose a risk to standards of fairness. Abusive practices designed by parties to prejudice their opponents may undermine the fair resolution of disputes and frustrate the administration of arbitral justice. There are pre-existing tools and legal rules that can be utilised to prevent abuse. However, these tools are inherently rigid in their application and fail to remedy all forms of abuse. Abuse of Rights in International Arbitration introduces the principle of abuse of rights and considers its application as a general principle of law to prevent different forms of substantive and procedural abuse in international arbitration. The virtue of a single theory with a wide scope and an overarching premise is that it is a principle, which involves equity considerations, enjoys the flexibility of general principles of law, and can address different abusive behaviours. The author carefully examines the legal basis and core elements of abuse of rights and analyses the relevant case law to address how the principle may affect the administration of arbitral justice. Arguing for the application of abuse of rights as a general principle of law, the author expertly examines how it could apply in both international commercial and investment arbitration to tackle procedural misconduct and different abusive practices.

This monograph offers a detailed and distinctive analysis of corporate nationality under international investment law, covering the ICSID Convention and the investment treaty framework. It takes the reader back to the basics, threading through the concepts of jurisdiction, nationality, and corporate personality to give a clear context to the discussion of corporate nationality under international investment law, at a time when international investment is dominated by multinational business enterprises operating in a globalised economy. The book examines different understandings of corporate personality and nationality under a selection of jurisdictions and public international law. It also offers an in-depth analysis of approaches found in ICSID arbitral awards and in investment treaty practice, distilling the problematic areas and discussing the impacts of the areas of concern. It evaluates the techniques developed to address problems and puts forward suggestions for effective and balanced solutions to the questions of corporate nationality and personal scope of investment protection.

Published under the auspices of the International Centre for Settlement of Investment Disputes, this fifteen-volume work includes the texts of more than 1,400 bilateral investment treaties (BITs) concluded by over 165 countries from 1959 to the present. The collection also features alphabetical and chronological indices for easy reference to the treaties. Together with Investment Laws of the World, these volumes represent an unparalleled compilation from over 170 countries. If you or your clients invest in foreign countries, then the insight found here is essential to your investment strategy. For complete alphabetical and chronological indices of the series, see ICSIDs dedicated webpage at: https://icsid.worldbank.org/en/Pages/resources/Investment-Tr eaty-Series.aspx

To an extent that may surprise many, international arbitral proceedings are prone to serious interference from the obstructive or even criminal behaviour of interested 'stakeholders'. Numerous anecdotes involving not only bribery and subornation but actual violent threats of retaliation have emerged since the editors of this book addressed an audience at Vienna Arbitration Days 2010, at which time they used the popular term guerilla - denoting such tactics as ambushes, sabotage, and terrorism - to evoke their topic, and called for effective means to combat this undermining of the integrity and popularity of international arbitration. Their call bore fruit, and this collection of essays by a wide spread of seasoned arbitration practitioners - the driving forces in their field - as well as leading academics with distinguished backgrounds and reputations bears powerful witness to the importance of the subject. Going beyond anecdote, these authors adopt an analytic view of guerilla tactics in arbitration as a broad collective of unconventional means that undermine the mechanism's envisioned mode of operation. They offer eminently practical, 'hands-on' discussions that give this topic foundation and elaborate on the issue in detail, from the perspectives of counsel, arbitrators, and arbitral institutions, to the specifics and intricacies of national and international litigation and the role of international institutions, to an intensive discussion on ethics in international arbitration, and - most importantly - the way forward. Among the specific topics are the following: dealing with state entities; sanctions available for arbitrators to curtail guerrilla tactics; tools available to the arbitral tribunal; and use of diplomatic channels. The book describes actual experiences from all major legal systems worldwide. Further practical guidance includes details of how to seek assistance from state courts, bar associations, the IMF, and the World Bank.

It aims to identify the reasons behind the approach toward international arbitration and the role that public policy plays in this regard. Although some previous scholarships have addressed the application of public policy exception in international arbitration, no study has provided a systematic and more in-depth analysis of the application of public policy exception as applied in the United States and Turkey. This book uses a comparative study approach to attempt to fill this lacuna.

Now in a fully updated second edition, Rules of Evidence in International Arbitration: An Annotated Guide remains an invaluable reference for lawyers, arbitrators and in-house counsel involved in cross-border dispute resolution. Drawing on current case law, this book looks at the common issues brought up by the evidentiary procedure in international arbitration. Features of this book include: An international scope, which will inform readers from around the world A focus on evidentiary procedure, with extensive case-based commentary and examples Extensive annotations, which allow the reader to locate key precedents for use in practice This book gives essential insight into best practice for practitioners of international arbitration. Readers of this publication will gain a fuller understanding of accepted solutions to difficult procedural issues, as well as the fundamental due process considerations of the use of evidence in international arbitration.

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.

Arbitration is the dominant method in the world for resolving international commercial disputes. As compared with institutional arbitration, ad hoc arbitration has many advantages that make it a preferred way to resolve commercial disputes on many occasions. The Arbitration Law of the People's Republic of China, however, requires that parties appoint an arbitration institution in their arbitration agreement; otherwise an ad hoc arbitration agreement is invalid. This rule seems to preclude ad hoc arbitration under Chinese law and threatens the validity of many arbitration agreements that are imperfectly drafted. Fortunately, however, this does not mean Chinese courts will never enforce an ad hoc arbitration agreement or an ad hoc arbitration award. This book informs parties and practitioners of potential pitfalls related to ad hoc arbitration in China and offers practical guidance. It also conducts a comparative study of the history of arbitration in the Western world and in China, to identify the reasons for this hostility to ad hoc arbitration and calls for changes to this requirement under Chinese law.