The Yearbook Commercial Arbitration continues its longstanding commitment to serving as a primary resource for the international arbitration community with reporting on arbitral awards, arbitration legislation and rules throughout the world as well as on court decisions applying the leading arbitration conventions.
Volume XXXII includes:
- excerpts of arbitral awards made under the auspices of, inter alia, the International Chamber of Commerce (ICC);
- notes on new and amended arbitration rules, including references to their online publication;
- notes on recent developments in arbitration law and practice in Bolivia, China, Mongolia, New Zealand and Switzerland;
- excerpts of 89 court decisions applying the 1958 New York Convention from 18 countries -- including, for the first time, decisions from Pakistan, Portugal and Venezuela -- all indexed by subject matter and linked to the General Editor's published commentaries on the New York Convention;
- an extensive Bibliography of recent books and journals on arbitration.
Edited by the International Council for Commercial Arbitration (ICCA), the world's leading organization representing practitioners and academics in the field, the Yearbook is an essential tool for lawyers, business people and scholars involved in the practice and study of international arbitration.

The Hague Convention on Choice of Court Agreements was concluded on June 30, 2005, and promises to become an important instrument in judicial relations throughout the world, making choice of forum clauses both more likely to be honored and more likely to lead to judgments that will be recognized and enforced around the globe. The convention, and the proposed treatise, will serve as an indispensable source for both transactions lawyers drafting the transnational commercial contracts of the future and for litigators involved in the resolution of disputes between parties to important transnational commercial transactions.

Iraq has dominated international headlines in recent years, but its controversial role in international affairs goes back much further. The key arena for these power politics over Iraq has been the United Nations Security Council. Spanning the last quarter century,The International Struggle over Iraq examines the impact the United Nations Security Council has had on Iraq - and Iraq's impact on the Security Council. The story is a fascinating one. Beginning in 1980, in the crucible of the Iran-Iraq War, the Council found a common voice as a peacemaker after the divisions of the cold war. That peacemaking role was cemented when a UN-mandated force expelled Iraqi forces from Kuwait in 1991, offering a glimpse of a new role for the UN in the 'New World Order'. But unilateralism soon set in, as the Security Council struggled under the weight and bureaucratic demands of its changing identity. The Security Council gradually abandoned its traditional political and military tools for the legal-regulatory approach, but was unable to bridge the gap between those who believed allegations of Iraqi possession of weapons of mass destruction and those who didn't. Growing paralysis led eventually to deadlock in the Council in 2002, with the result that it was sidelined during the 2003 Coalition invasion. This relegation, when combined with the loss of some of its best and brightest in a massive truck bomb in Iraq later that year, precipitated a deep crisis of confidence. The future role of the UN Security Council has now, once again, become uncertain. The paperback edition contains a substantial new preface covering recent developments. Drawing on the author's unparalleled access to UN insiders, this volume offers radical new insights into one of the most persistent crises in international affairs, and the different roles the world's central peace-making forum has played in it.

To mark the fiftieth anniversary of the International Court of Justice, a distinguished group of international judges, practitioners and academics has undertaken a major review of its work. The chapters discuss the main areas of substantive law with which the Court has been concerned, and the more significant aspects of its practice and procedure in dealing with cases before it. It discusses the role of the Court in the international legal order, and its relationship with the UN's political organs. The thirty-three chapters are presented under five headings: the Court; the sources and evidences of international law; substance of international law; procedural aspects of the Court's work; the Court and the UN. It has been prepared in honour of Sir Robert Jennings, judge and sometime President of the Court.

Decisions of the International Court of Justice are almost as replete with references to precedent as are decisions of a common law court. Even though previous decisions are not binding, the Court relies upon them as authoritative expressions of its views on decided points of law. In his book, the distinguished international lawyer Judge Shahabuddeen examines various aspects of this phenomenon. He shows the extent to which the Court is guided by its previous decisions, and discusses the way in which parties to cases are themselves guided by decisions of the Court in framing and presenting their cases. He also traces the possibilities for future development of the system. Judge Shahabuddeen's analysis of the Court is a major contribution to this important subject.

Volume 13 of ICCA Congress Series, International Arbitration 2006: Back to Basics?, contains the proceedings of the 13th ICCA Congress held in Montreal in 2006, where international commercial arbitration specialists from around the world gathered to glean fresh insights on fundamental issues, focusing on three central themes.
The Reports and Commentary presented in Working Group A of the Congress concentrate on Re-examining the Arbitration Agreement. Leading experts explore crucial topics, including:
- The autonomy of the arbitration agreement;
- The arbitrators 'jurisdiction to determine Jurisdiction;
- The law applicable to the arbitration agreement; and
- Treaties as agreements to arbitrate.
Working Group B sessions examine Contemporary Practice in the Conduct of Proceedings and cover procedural aspects in Round Tables on:
- Fact testimony;
- Document production;
- The effective use of legal and technical experts; and
- Oral Argument: and in Reports and Commentary on:
- Arbitral Provisional Measures: The Actual Practice; and
- Evidentiary Privileges.
The volume concludes with the papers generated from the Congress's Plenary Session on Commercial Arbitration and Transnational Public Policy and Treaty Arbitration and International Law.

The International Chamber of Commerce's world-renowned Institute of World Business Law, where legal and business experts convene, has devoted an entire publication to money laundering and other forms of corruption: Arbitration - Money Laundering, Corruption and Fraud. This important Dossier focuses both on the nature of the problem and the lawyer/arbitrator's response to it. This is the first in a series of ICC Institute Dossiers. This useful text contains the proceedings of a conference on arbitration and money laundering organized by the ICC Institute of World Business Law. It brings the reader the expertise of lawyers, academicians and chartered accountants from a range of countries and addresses the key questions arbitrators and legal practitioners want answered: "Is the arbitrator's role in a case of fraud different from his role in other disputes?" "Is the arbitrator bound to report a case of money laundering or fraud if he has a suspicion that something is wrong?" "Is counsel to report someone coming to him for advice?" The Dossier gives a comprehensive overview of the issues. It begins with a look at the nature of the problems lawyers and other professionals face and the solutions they adopt in their daily business. The second part of the book concentrates on the problems raised for arbitrators by money laundering, fraud and bribery. The book ends with a detailed Q&A discussion section.

In recent years, international commercial arbitration procedures have made great strides to bring into line different traditions of law and practice. But considerable problems remain. The aim of this new Dossier by the ICC Institute of World Business Law, is to give the reader a thorough picture of the practical issues raised by the conflicts arising when there is more than one arbitration and when commercial arbitrations run in parallel with state legal procedures. This is the third in a series of Dossiers from the Institute.

This work is an indispensable guide for arbitrators, lawyers and anyone with an interest in arbitration procedures. In recent years, international commercial arbitration procedures have made great strides to bring into line different traditions of law and practice. According to some observers, written witness statements, taken in advance, have lessened the chance that surprises will be sprung upon counsel and arbitrators during oral testimony. But considerable problems remain. The aim of "Arbitration and Oral Evidence", prepared by the ICC Institute of World Business Law, is to give the reader a thorough picture of the practical issues raised by the oral presentation of evidence and to present a balanced series of solutions to the problems involved. This is the second in a series of Dossiers from the ICC Institute. See also "Arbitration - Money Laundering", "Corruption and Fraud" and "Parallel State and Arbitral Procedures in International Arbitration." The evidential relationship between contemporary documentation, written testimony and oral testimony is a permanent challenge to all arbitrators and counsel in an international arbitration. However experienced the factual or expert witness may be, an oral witness has to be prepared for his testimony and a witness statement has to be written, both with legal help. The issues divide counsel and arbitrators, and there is a need for a better understanding of what is right and wrong in the interaction between written and oral evidence. "Arbitration and Oral Evidence" lays out the issues in a transparent and easy-to-understand way.

The ALI (American Law Institute) and UNIDROIT (the International Institute for the Unification of Private Law) are preeminent organizations working together toward the clarification and advancement of the procedural rules of law. Recognizing the need for a universal set of procedures that would transcend national jurisdictional rules and facilitate the resolution of disputes arising from transnational commercial transactions, Principles of Transnational Civil Procedure was launched to create a set of procedural rules and principles that would be adopted globally. This work strives to reduce uncertainty for parties that must litigate in unfamiliar surroundings and to promote fairness in judicial proceedings. As recognized standards of civil justice, Principles of Transnational Civil Procedure can be used in judicial proceedings as well as in arbitration. The result is a work that significantly contributes to the promotion of a universal rule of procedural law.
The American Law Institute was organized in 1923 following a study conducted by a group of prominent American judges, lawyers, and law professors. Their recommendation that a lawyers' organization be formed to improve the law and its administration led to the creation of The American Law Institute.
UNIDROIT was founded in 1926 as a specialized agency of the League of Nations. It exists as an independent intergovernmental organization on the basis of a multilateral agreement, the UNIDROIT Statute. Its purpose is to study needs and methods for modernizing, harmonizing, and coordinating private laws between states and groups of states and to prepare legislative texts for consideration by governments.

The International Criminal Court (ICC) has run into serious problems with its first big case -- the situation in northern Uganda. There is no doubt that appalling crimes have occurred here. Over a million people have been forced to live in overcrowded displacement camps under the control of the Ugandan army. Joseph Kony's Lord's Resistance Army has abducted thousands, many of them children and has systematically tortured, raped, maimed and killed. Nevertheless, the ICC has confronted outright hostility from a wide range of groups, including traditional leaders, representatives of the Christian Churches and non-governmental organizations. Even the Ugandan government, which invited the court to become involved, has been expressing serious reservations. Tim Allen assesses the controversy. While recognizing the difficulties involved, he shows that much of the antipathy towards the ICC's intervention is misplaced. He also draws out important wider implications of what has happened. Criminal justice sets limits to compromise and undermines established procedures of negotiation with perpetrators of violence. Events in Uganda have far reaching implications for other war zones - and not only in Africa. Amnesties and peace talks may never be quite the same again.

This is not another book about online dispute resolution (ODR). Rather, it is about how various information technology (IT) solutions may be put to good use in traditional arbitral proceedings. Because IT tools can reduce costs and time radically by accelerating the arbitral process, the trend toward more and more use of such tools in arbitral proceedings is unstoppable. For arbitration professionals, be they arbitrators or counsel, this book brings the landscape of this changed practice into clear focus, dispersing mists of confusion and clarifying the choices they will inevitably be called upon to make. In this first handbook on what is likely to become one of tomorrow's incontrovertible topics in the field of arbitration, a well-known expert in ODR guides the reader through the reasons to use IT and its practicalities, the choices made by the prevalent arbitration institutions in this regard, and the legal limits to the use of such technologies. His powerful 'toolbox' includes a wealth of practice guidelines, drafting suggestions for arbitrators or parties wishing to use IT, and checklists and reminders to be used in practice. Among the efficiency-promoting IT tools thoroughly explained are the following: case management websites; videoconferencing; live notes; ODR platforms as ready-to-use solutions; online filing; and e-mail. The presentation focuses on the IT systems developed by major arbitral institutions like the International Chamber of Commerce (ICC), the American Arbitration Association (AAA), and the World Intellectual Property Organization (WIPO), with detailed guidance through their case management websites, virtual case rooms, extranets, and other IT tools allowing multiparty communications. The book's highly accessible text - complete with anecdotes, vividly depicted examples, and interesting background information - is backed with great knowledge and expertise in the uses of IT in law practice, so the reader is assured of gaining confident awareness of the easy advantages to grasp and the stumbling blocks to avoid as he or she proceeds. This is a book in which anyone involved in an arbitration, or even likely to be, will discover great benefit.

"CCA's Congress Series No. 12", reflecting the contributions of numerous renowned arbitration experts to the 2004 ICCA Beijing Conference, commences with an overview of the current international arbitration regime in China and Hong Kong, noting both the progress that has been achieved and the work that remains to be done there. The remainder of the volume comprises two sets of papers on contemporary substantive and procedural issues in international commercial arbitration. The first set contains in-depth reports on the topical subjects of arbitration of foreign investment disputes, the granting of provisional or interim measures with respect to arbitration and the enforceability of awards, supplemented by commentary from the point of view of various specializations and regions. The second, also using the format of reports and commentary, addresses modalities of conciliation and settlement in relation to arbitration, including various non-binding (ADR) processes, issues (drafting step clauses and confidentiality) in integrated dispute resolution systems, which may combine conciliation and arbitration, and the role of arbitrators as settlement facilitators.

In recent decades the world has experienced the rise of so-called 'low intensity conflicts'. Unlike conventional wars these very bloody armed conflicts are no longer the affair of state governments and their armies. In their place appear police-like armed units,security services and secret services, groups and organizations of religious, political and social fanatics ready to resort to violence, 'militias', bands of mercenaries, or just gangs of thugs, led by the condottiere of the 21st century, consisting of militant charismatics, militia 'generals', 'drug barons' and 'warlords' of various kinds. They conduct wars in which the soldiers no longer wear uniforms and there is no meeting of armies in open battle. The armed organizations fight in urban agglomerations and in difficult, inaccessible regions. The combatants fight for religion and quasi-religious ideologies, for the 'rights of the people' or 'national liberation', for power, gain, and booty, and above all for recognition. For the practice of peace, this kind of war has far-reaching consequences. In this book the authors examine various paths to peace and reconciliation in low intensity conflicts. They look at processes of peace making from South Africa and the North of Mali to Indonesia and South East Asia. Common to most studies is that they stress the particular local contexts of peace making tied to the highly localized nature of most low intensity conflicts. The logic of peace has become a logic of local and regional power. The articles shed new light not only on ways and chances of interventions by the international community but also on the role of nongovernmental organisations in violent conflicts.

The collected papers in ICCA Congress Series no. 11, as reflected in its title, address important contemporary questions in international commercial arbitration. Included are contributions written by participants in the UNCITRAL Working Group on Arbitration and Conciliation on its current work relating to the requirement of a written form for an arbitration agreement, interim measures of protection and the UNCITRAL's Model Law on International Commercial Conciliation. Further contributions give leading practitioners' views on illegality in the formation and performance of contracts or in the conduct of the arbitration, addressing questions on how the arbitral tribunal should deal with these vexed issues and how forgery and fraud may be detected. The factors that lead to acceptance by parties of the decisions of arbitrators are dealt with in contributions on the psychological aspects of dispute resolution. The volume concludes with a series of articles on arbitration under investment treaties written by experienced arbitrators and practitioners, with special emphasis on ICSID and NAFTA and the emerging issues of transparency, accountability and review.

The International Criminal Court (ICC) is the first global permanent international court with jurisdiction to prosecute individuals for 'the most serious crimes of concern to the international community'. The United Nations, many human rights organisations, and most democratic nations have expressed support for the new court. The Bush Administration firmly opposes it and has formally renounced the US obligations under the treaty. At the same time, however, the Administration has stressed that the United States shares the goals of the ICC's supporters-promotion of the rule of law- and does not intend to take any action to undermine the ICC. The primary objection given by the US in opposition to the treaty is the ICC's possible assertion of the jurisdiction over US soldiers charged with 'war crimes' resulting from legitimate uses of force. The main issue faced by the current Congress is whether to adopt a policy aimed at preventing the ICC from becoming effective or whether to continue contributing to the development of the ICC in order to improve it. This book provides a historical background of the negotiations for the Rome Statute, outlines the structure of the International Criminal Court (ICC) as contained in the final Statute, and describes the jurisdiction of the ICC. The book further identifies the specific crimes enumerated in the Rome Statute as supplemented by the draft elements of crime. A discussion of procedural safeguards follows, including reference to the draft procedural rules. The book then goes on to discuss the implications for the United States as a non-ratifying country when the ICC comes into being, and outlines some legislation enacted and proposed to regulate US relations with the ICC.

Humanitarian military intervention and muscular peace operations have been partially effective in recent years in saving thousands of lives from the Balkans to Haiti to Somalia to Cambodia to Mozambique. However, success has often been mitigated by the international community's unwillingness or inability to quickly send enough forces capable of dealing with a situation decisively. In other cases, the international community has essentially stood aside as massive but possibly preventable humanitarian tragedies took place - for instance, in Angola and Rwanda in the mid-1990s and in Congo as this book goes to press. Sometimes these failures have simply been the result of an insufficient pool of available military and police forces to conduct the needed intervention or stabilization missions. In this timely new book, Michael O'Hanlon presents a blueprint for developing sufficient global intervention capacity to save many more lives with force. He contends, at least for now, that individual countries rather than the United Nations should develop the aggregate capacity to address several crises of varying scale and severity, and that many more countries should share in the effort. The United States' role is twofold: it must make slight redesigns to its own military and, even more important, encourage other nations to join it in this type of intervention, including training and support of troops in countries, such as those in Africa, that are willing to take the necessary steps to prevent humanitarian disaster but lack the resources.

This book, which won an ASIL Certificate of Merit in 2002, critically examines the right of humanitarian intervention, asserted most spectacularly by NATO during its 1999 air strikes over Kosovo. The UN Charter prohibits the unilateral use of force, but there have long been arguments that such a right might exist as an exception to this rule, or linked to the changing role of the Security Council. Through an analysis of these questions, the book puts NATO's action in Kosovo in its proper legal and historical perspective.

The third volume in The Permanent Court of Arbitration/Peace Palace Papers series, published by Kluwer Law International, reproduces the papers presented at the Third International Law Seminar, held at the Peace Palace on February 23, 2001. This seminar, which was organized in cooperation with the European Organization for the Safety of Air Navigation (EUROCONTROL), addressed a topic of pressing interest to private practitioners, governments, and international organizations: the role of dispute resolution mechanisms in the fields of air and space law and telecommunications activities. In this publication, prominent experts examine the international instruments in air, space, and telecommunications law and the need for a mandatory supranational dispute settlement mechanism. The EUROCONTROL draft Arbitration Policy is dealt with in great depth by various authors, and the experiences of the European Space Agency and the International Telecommunications Union with respect to dispute settlement are also reviewed. More general issues of pre-arbitration procedures, expedited arbitration, enforcement, and the need for specialist expertise are also considered. This volume also features a French language summary of the seminar papers, and reproduces texts of the 1997 EUROCONTROL Revised Convention, the EUROCONTROL draft Arbitration Policy, and the Final Draft of the Revised Convention on the Settlement of Disputes Related to Space Activities.

New arbitration legislation throughout the world is based on the highly successful UNCITRAL Model Law on International Commercial Arbitration, and an ever-increasing body of arbitration specialists in the legal community have all contributed to improving the relationship of national courts and arbitration. Yet many issues still remain in this "never-ending story". These issues are explored in this text, which contains the proceedings of the ICCA Conference 2000 held in New Delhi, India, in March 2000. This conference, hosted by the Indian Council of Arbitration, explored four topics covering the full range of the arbitral process: the contract, the arbitral proceedings, interim relief, and enforcement. These issues are addressed both from a global point of view and with a particular focus on the recent Indian Arbitration and Conciliation Act 1996, the text of which is reproduced in the Annex.

Making Law for Families is the result of a workshop organized by Mavis Maclean and held between May 26 and June 2,1999, at the international Institute for the Sociology of Law (IISL) in Onati, Spain. This book analyzes the concept of the family in the context of increasing challenges and questions created by multicultural societies in ever more complicated international and transnational legal contexts. How is the family defined across cultural and national divides? To what extent and under what conditions should any particular state intervene? The collected essays in this volume seek to answer these and other difficult questions through grounded empirical research and insightful appreciation of how political systems function in various countries. An underlying concern is to explore to what extent and under what terms will the family endure in the future as a basic unit of social management and control. This book is part of the Onati International Series in Law and Society.

Making Law for Families is the result of a workshop organized by Mavis Maclean and held between May 26 and June 2,1999, at the international Institute for the Sociology of Law (IISL) in Onati, Spain. This book analyzes the concept of the family in the context of increasing challenges and questions created by multicultural societies in ever more complicated international and transnational legal contexts. How is the family defined across cultural and national divides? To what extent and under what conditions should any particular state intervene? The collected essays in this volume seek to answer these and other difficult questions through grounded empirical research and insightful appreciation of how political systems function in various countries. An underlying concern is to explore to what extent and under what terms will the family endure in the future as a basic unit of social management and control. This book is part of the Onati International Series in Law and Society.

This volume is the first of a series edited by the International Bureau of the Permanent Court of Arbitration (PCA) - The PCA/Peace Palace Papers - which contains the papers emanating from the semi-annual seminars organized by the PCA in the Peace Palace. Each seminar focuses on a topical issue of international law. The first seminar was held on 9 December, 1999 and dealt with institutional and procedural aspects of mass claims settlement systems. Four speakers from Europe and the United States shared their practical experience with the respective systems dealing with mass claims. This volume contains: an overview and analysis by Judge Howard Holtzmann; the papers presented at the seminar covering such topics as the Bopahl and Exxon Valdez disasters; an article by Ms Lucy Reed on the Claims Resolution Tribunal for Dormant Bank Accounts in Switzerland; the rules of the above mass claims settlement systems. The book offers the reader a bird's-eye view of major mass claims settlement systems operational at the time of writing, and provides insights for persons charged with the setting up of new international claims settlement tribunals. The PCA's International Bureau is ready to assist them in those endeavours.

The contents of number 26 of the Forum International Series are related to procedural law. The first lecture has been written by Klaus Peter Berger. It deals with the new German Arbitration Act. He provides a brief account of the drafting history of the new law, highlights six important areas of international arbitration law and practice, and explains the solutions chosen by the German legislator. He treats, among other topics, arbitrability, arbitral interim relief and conflict of laws. An English translation of the German Arbitration Act can be found at the end of the text. The second lecture is written by Catherine Kessedjian and has as its topic the future Hague Convention on International Jurisdiction and Recognition and Enforcement. As deputy Secretary-General of the Hague Conference on Private International Law, Mrs. Kessedjian is heavily involved in the activities concerning this convention. The lecture discusses the need for such a convention and the structure such a convention could adapt (single, double or mixed). Furthermore, some grounds for jurisdiction, such as those for disputes relating to contracts and torts, the forum non conveniens and provisional measures, are discussed in more depth, as are the basic requirements for enforcement. At the end the question is raised as to which mechanism can be devised to create a forum in which questions of interpretation can be solved in an easy and quick manner and against low costs, and how uniform interpretation can be guaranteed.

The International Bureau of the Permanent Court of Arbitration (PCA) is proud to present these "Centennial Papers", marking 100 years of international dispute resolution at the PCA. This collection features speeches from the PCA's Centenary Celebration, delivered at the Centenary Meeting of the PCA's Administrative Council and at the 1999 PCA Members' Conference. It also contains proceedings pertaining to the PCA from the conferences celebrating the 100th Anniversary of the 1899 Peace Conference (the Hague and St. Petersburg Governmental Conferences and the Hague Appeal for Peace), as well as additional material on the PCA's expanding role in resolving international disputes. These Centennial Papers do not merely reflect on a century of peaceful dispute settlement under the auspices of the PCA, but record developments and potential innovations in international arbitration, and propose future goals in the continuing evolution of alternative dispute resolution.