For more than three decades, "Yearbook Commercial Arbitration" has been the primary source of up-to-date information for arbitration scholars and practitioners. With its reporting on developments in the law and practice of international commercial arbitration, its excerpts of arbitral awards and court decisions, and its commentary on newly adopted or amended arbitration rules, Volume XXXI continues the Yearbook's tradition of providing such topical information as the following: the largest number of New York Convention decisions ever collected in one volume of the Yearbook - 95 court decisions from 15 countries worldwide, including English translations of decisions from Austria, Belgium, China, France, Germany, Israel, Italy, the Netherlands, and Spain, giving the reader access to material which might otherwise be inaccessible. All the cases are indexed and linked to the General Editor's published commentaries on the New York Convention, facilitating research on any aspect of the Convention. It also includes information about arbitral awards made under the auspices of the International Court of Arbitration of the International Chamber of Commerce (ICC), the German Maritime Arbitration Association, and the Netherlands Arbitration Institute (NAI), as well as ad hoc awards, dealing with procedural and substantive issues of general interest to the business and legal communities; new and amended rules adopted by the International Arbitral Centre of the Austrian Federal Economic Chamber (the Vienna Rules), the International Centre for Settlement of Investment Disputes (ICSID), and the International Commercial Arbitration Court (ICAC) of the Chamber of Commerce and Industry of the Russian Federation; and information on arbitration legislation recently enacted in Austria, Cambodia, Italy, and Malaysia. A new feature in this volume is a 'Digest of Investment Treaty Decisions and Awards' containing a detailed list of subject matters for more than 100 investment awards. A bibliography and list of journals keep the reader up to date on relevant literature. Edited by the International Council for Commercial Arbitration (ICCA), the world's leading organization representing practitioners and academics in the field, the Yearbook is a vital resource for anyone involved in the practice and study of international arbitration.

This timely and thought-provoking work analyses the conduct of Mexico's international trade litigation from 1986 to 2007. The book provides a concrete perspective on how Mexico has been using the legal procedures available to adjudicate its international trade rights, giving the reader a first-hand experience on international trade litigation. When litigating trade disputes, Mexico must work within a specific regulatory framework that is both multilateral (World Trade Organization (WTO)) and bilateral (Preferential Trade Agreements such as the North American Free Trade Agreement (NAFTA)). Its involvement is constrained domestically by its administrative capacity, which in turn imposes a need to prioritize, in the light of political economy, which disputes to pursue and how far. In addition: It exhaustively examines all cases providing a well-reasoned explanation of Mexico's conduct and achievements (inputs and outputs). It assesses the value of a favourable Panel/Appellate Body report (findings won) in light of implementation, based on Mexico's data. It presents observations on the increasing or decreasing initial bargaining power through the utilization of legal remedies. It touches on the regional and multilateral interaction of substantive law, procedural law and legal remedies.

This book explores recent contributions of the case-law of international courts and tribunals to the development of international law. It begins by looking at how such case-law has contributed to the development of the methodology of international law and to the development of procedural rules. It further examines recent contributions from three major players in the international judicial arena: the International Court of Justice, the International Tribunal for the Law of the Sea and the mechanisms for Investor-State Dispute Settlement. The contributors are well-established academics and practitioners as well as emerging voices in international law, coming from a rich and diverse regional background.

Trade sanctions are powerful political tools devised to prevent the conclusion of new commercial contracts and paralyze the performance of pre-existing ones. Following the imposition of a sanction, a party prohibited from performing its obligations under a validly concluded contract may resolve to withhold performance or performance may de facto be prevented by measures of enforcement of the sanction. If this party therefore fails to perform its obligations, its contracting partner may decide to initiate legal proceedings. The author offers solutions to issues faced by arbitral tribunals and domestic courts when one party raises the existence of a sanction to support its claim to be freed from its contractual obligations. Critical legal issues such as the following are thoroughly investigated: authority of arbitrators and judges to give effect to statutes serving public interests; reasons to disregard certain sanctions, including some extraterritorial, secondary, and tertiary sanctions, and circumstances in which performance may be mandatory despite the risk of enforcement measures and/or penalties; consequences of the delivery of a commercially reasonable substitute; circumstances in which exemption from liability for non-performance may be granted following the imposition or reinforcement of a sanction prohibiting performance or subjecting it to a regime of authorization; right to suspend performance; remedies available to the aggrieved party, including the right to declare the contract totally or partially avoided, to declare a price reduction or to collect interest; threat of penalty for breach of a sanctions program as a valid ground for renegotiation or for a court-ordered adaptation of the contract; and terms under which performance must be resumed once a sanction is lifted, sometimes years, perhaps even decades, after it was imposed. For an in-depth examination of the constraints inflicted by trade sanctions − the likely scenarios and how they play out, as well as available remedies − this analysis is without peer. It will be of immeasurable value to counsel for States and for multinationals and to other lawyers working in fields connected with international trade. Jurists and academics will also find here highly enlightening perspectives on the long-standing controversy regarding the characterization of trade sanctions in a private-law context.

The new edition of this insightful work begins with a critical reexamination of the rival Greek and British claims to the Elgin Marbles. That case study identifies the questions that continue to dominate the growing international debate about cultural property policy and which are subsequently explored in a newly-expanded array of essays: * Why are people concerned about cultural property? * Is cultural nationalism a sound organizing principle for dealing with cultural property questions? * Or is it a relic of 19th century romanticism, kept alive by the power of Byron's poetry? * How can one rationalize cultural nationalism with the idea that works of art and antiquities are 'the cultural heritage of all mankind?' * What are alternative ways of thinking about cultural property policy and law? The work goes on to pay particular attention to the law and policy relating to cultural property export controls and the evolution and development of the 1995 UNIDROIT Convention on the Return of Stolen and Illegally Exported Cultural Property. The second part of this highly-regarded book addresses a number of contemporary art law issues in essays on counterfeit art, the moral rights of artists, the artist's resale right (droit de suite), the litigation over the Mark Rothko estate, and problems of museum trustee negligence, conflict of interests, and misuse of inside information. The author, John Henry Merryman, is an Emeritus and Affiliated Professor in the Department of Art at Stanford Law School. He is a widely respected authority in the fields of international cultural property and art law.

International Chamber of Commerce Arbitration is a hands-on guide providing a critical evaluation of the advantages and disadvantages at every step in the arbitral process including practical facts, figures, pragmatic suggestions and warnings. The book is essential to anyone who is involved in ICC arbitration, or who may have to consider the use of an ICC arbitration clause. Published in cooperation with the International Chamber of Commerce, this text covers every aspect of ICC arbitration. The authors, seasoned experts, provide a detailed description of the arbitral process from the formation of the agreement to arbitrate to the appeal of the enforcement, covering in detail the important rulings of the ICC and their potential impact on future awards. The fourth edition has been fully updated to take account of the 2012 ICC Rules of Arbitration.

The dispute resolution procedures of the World Trade Organization allow sanctions to be imposed when a country is unwilling to bring a WTO-inconsistent trade measure into conformity. Not surprisingly, this form of retaliation often creates as many problems as it solves. This timely work provides in-depth legal analysis of the procedural and substantive aspects of retaliation under the WTO dispute settlement system with particular reference to relevant rules and case law. It examines the retaliation regime under GATT 1947 and the Dispute Settlement Understanding, as well as the special retaliation regime under the Subsidies and Countervailing Measures Agreement. It includes a case study with respect to the calculation of the level of retaliation in Article 22.6/4.11 arbitration. Finally, it explores the gaps in the current retaliation system with regard to both procedural issues and the matter of efficacy, and analyzes all relevant solutions. In sum, this book is designed to examine the way the WTO retaliation system works and explore possible improvements.

This indispensable handbook is the first legal resource to gather together the most important cases and commentary on the increasingly significant subject of foreign investment disputes. It fills the need for a compilation of the basic source material into a well-organised and up-to-date volume covering the full scope of the subject. The work provides broad coverage of all aspects of foreign investment disputes: the treaty system protecting investments, investment contracts and key clauses, forums for resolving investment disputes, political risk insurance, applicable law, principles of state responsibility, investor rights under investment treaties and customary international law, defenses to investor claims, reparations, procedure and proof, and enforcement of arbitral awards. Of particular value to practitioners are such features as the following: the most relevant excerpts from the most important cases dealing with foreign investment disputes; questions and comments prepared by the authors, who are senior lawyers and professors with vast experience and expertise in the subject matter; excerpts from decisions of the Overseas Private Investment Corporation interpreting the key terms of political risk insurance policies, and, key clauses in investment contracts. Foreign Investment Dispute: Cases, Materials and Commentary will be of inestimable value to practitioners in the field, both experienced and novice, as well as to academics. As a well-organised and easy-to-use compilation of the key materials from both case law and secondary sources, it has no peers.

"EU and US Antitrust Arbitration" is the first book that deals with how both of the world's leading antitrust systems, US and EU law, are treated in international arbitration. In forty-nine chapters written by renowned experts, this book provides an in-depth examination of all relevant topics, from drafting arbitration clauses, to arbitrability, provisional measures, the applicability of antitrust law in arbitrations, dealing with economic evidence and experts in relation to antitrust law, to relations with courts and regulators, remedies, and recognition and enforcement of arbitration awards dealing with antitrust issues. Both antitrust and merger control are covered. The perspectives of the arbitrator and the in-house 'user' of arbitration are included. Two chapters outline and explain US antitrust law and EU antitrust law with special reference to matters particularly likely to arise in arbitration. One chapter is devoted to ICC antitrust arbitrations and another to the emerging area of EU State aids in arbitration. There are industry-specific chapters, such as on telecommunications and pharmaceuticals, and much else. In this substantial book, practitioners will find helpful and easy-to-understand guidance to their questions on antitrust arbitrations.

Whether the 'A' stands for 'appropriate', 'amicable', or 'alternative', all out of court dispute resolution modes, collected under the banner term 'ADR' , aim to assist the business world in overcoming relational differences in a truly manageable way. The first edition of this book (2006) contributed to a global awareness that ADR is important in its own right, and not simply as a substitute for litigation or arbitration. Now, drawing on a wealth of new sources and developments, including the flourishing of hybrid forms of ADR, the subject matter has been largely augmented and expanded on two fronts: in-depth analysis (both descriptive and comparative) of methodology, expectations and outcomes and extended geographical coverage across all continents. As a result, in this book twenty-nine 'intertwined but variegated' essays (to use the editor's characterization) provide substantial insight in such specific topics as: * ADR's flexible procedures as controlled by the parties; * ADR's facilitation of the continuation of relations between the parties; * privilege and confidentiality; * involvement of non-legal professionals; * the identity and the role of the 'neutral' as well as the role of the arbitrator; * the implementation of ICC and other international ADR rules; * the workings of Dispute Boards and * the role of ADR in securing investment and other specific objectives. In its compound thesis - growing in relevance every day - that numerous dispute resolution methods exist whose goals and developments are varied but fundamentally complementary, the multifaceted approach presented here is of immeasurable value to any business party, particularly at the international level. Practitioners faced with drafting a dispute resolution clause in a contract, or dealing with a dispute that has arisen, will find expert guidance here, and academics will expand their awareness of the issues raised by ADR, in particular as it relates to arbitration. A broad cross section of interested professionals will discover ample material for comparative study of how disputes are approached and resolved in numerous countries and cultures.

The Collection of ICC Arbitral Awards 1996-2000 contains extracts of cases handled by the ICC Court of Arbitration, one of the world's most respected arbitral institutions. This most recent collection supplements three previous and successful volumes containing awards from the periods 1974-1985, 1986-1990 and 1991-1995. This collection is a practical reference tool, containing three types of useful indexes incorporating information from all three volumes:
- A consolidated analytical table, in both English and French, contains extensive cross-references based on the terminology used in awards and case notes;
- A chronological index lists the awards
- A key word index, also provided in both languages, allows the reader to locate the material of interest quickly and easily
In addition to providing a wealth of information in a highly accessible manner, this book includes case notes and expert commentaries of the awards. This publication is an indispensable reference work for anyone interested in international arbitration and in the reasoning of international arbitrators on the interpretation and application of contractual clauses, international conventions, and the law of international trade. It is invaluable to both scholars and practitioners involved in the drafting and negotiation of international commercial contracts and the resolution of international commercial disputes.

This is the 2005 volume of the Arbitration Law Reports and Review Series, which makes full texts of judgments on the arbitration law of England, Wales and Northern Ireland available in a single publication on an annual basis. Yearly volumes include a comprehensive collection of arbitration related judicial decisions for the relevant calendar year, with back volumes in preparation to cover each year since entry into force of the Arbitration Act 1996. The case law is cross-referenced and each case is prefaced by a headnote of keywords, a concise summary of the issues, the holding and judicial comments obiter plus lists of cases, arbitration rules and legislation referred to. Each volume contains the editor's analytical review of developments during the year, offering comment on decisions, grouping cases together under thematic headings to identify trends and developments, and integrating discussion of relevant non-arbitration related cases (contract interpretation, human rights, adjudication, expert determination, mediation, procedural fairness, duties to give reasons and so on). The review also draws attention to comparative developments abroad, in particular to UNCITRAL Model Law jurisdictions applying similar legislative provisions.

This masterful analysis describes and analyses not only the formal rules affecting recognition and enforcement of foreign judgments (REJ) in China but also the "hidden" or latent factors that must be understood. Along with in-depth descriptions of the formal channels of international dispute resolution in China - national laws, bilateral treaties, and multilateral conventions - the book covers numerous elements essential for understanding REJ in China, including the following: the "equalization of effects" approach in China; the PRC's legal system on REJ in China; China's reciprocity requirement; China's jurisdictional requirement; the public policy defence under Chinese law; the concept of "natural justice" in Chinese law; the defence of parallel proceedings or conflicting judgments; the structure of China's courts system; procedures and costs; availability of provisional and protective measures; legal culture and other important factors; and an overview of a selected court's practice. Clearly, REJ in China calls for systematic understanding. This book takes the first giant step to that end, and will be hugely appreciated by business persons and counsel seeking to have foreign judgments recognized and enforced in China, or from a broad perspective, to arrange dispute resolution when Chinese elements are involved. Academics will appreciate the clear light it sheds on one of the thorniest issues in private international law.

The Collection of ICC Arbitral Awards 2001-2007 contains extracts of cases handled by the ICC Court of Arbitration, one of the world's most respected arbitral institutions. This most recent collection supplements four previous and successful volumes containing awards from the periods 1974-1985, 1986-1990, 1991-1995 and 1996-2000. This collection is a practical reference tool, containing three types of useful indexes incorporating information from all three volumes: - a consolidated analytical table, in both English and French, contains extensive cross-references based on the terminology used in awards and case notes; - a chronological index lists the awards - a key word index, also provided in both languages, allows the reader to locate the material of interest quickly and easily. In addition to providing a wealth of information in a highly accessible manner, this book includes case notes end expert commentaries on the awards. This publication is an indispensable reference work for anyone interested in international arbitration and in the reasoning of international arbitrators on the interpretation and application of contractual clauses, international conventions, and the law of international trade. It is invaluable to both scholars and practitioners involved in the drafting and negotiation of international commercial contracts and the resolution of international commercial disputes.

This exhaustive treatise provides an in-depth analysis of the law and practice of international commercial arbitration, highlighting the worldwide movement towards an autonomous legal regime, free of the constraints of national law and of the law of the place of arbitration in particular. As well as exploring the application and the influence of the first modem arbitration statutes, enacted in France, the Netherlands and Switzerland in the 1980s, detailed consideration is given to the 1985 UNCITRAL Model Law, to recent arbitration legislation now in force in England, Germany, Belgium and Sweden, and to the new arbitration rules of the AAA, ICC and LCIA.

Provisional measures are an increasingly important mechanism for investment protection in investment arbitration. There is a critical mass of jurisprudence as well as numerous cases that have exhibited novel uses for provisional measures, calling for a thorough examination. Rubins and Love's work is the first to provide in-depth coverage of this increasingly important subject and their work provides an invaluable academic and practical resource. The book is organized by topic and covers the full range of jurisprudence to date, using comparative legal analysis to shed light on each issue. It provides an overview of provisional measures and their function in investment arbitration, including the basic legal documents and provisions relevant to the topic. The authors set out the elements considered in granting provisional measures, discuss the two key issues of the relationship of provisional measures with parallel proceedings, analyse the enforcement of provisional measures, and assess the future direction and growth of provisional measures in investment arbitration.

Civil Procedure A desk reference for lawyers and their clients faced with the prospect of litigation in foreign jurisdictions, this book is a guide to the civil procedure rules and practices in thirty-two major countries and in the European Community. Local rules relating to arbitration and, where available, mediation are also covered. It is designed primarily to orient a litigant and its domestic lawyers so that they can determine the probable course of litigation and, once they have retained foreign counsel, ask more intelligent and relevant questions. A country-by-country analysis of civil procedure for thirty-two major countries and the European community (Canada is divided into two sections reflecting common law and civil law jurisdictions). Jurisdictions included are: Argentina, Australia, Austria, Belgium, Brazil, Canada, England & Wales, the European Community, France, Germany, Greece, Hong Kong, India, Ireland, Israel, Italy, Japan, Korea, Malaysia, Mexico, the Netherlands, Norway, Peru, Philippines, Portugal, Scotland, Singapore, South Africa, Spain, Sweden, Switzerland, Taiwan, and the United States of America. Primary focuses on those courts, concepts and processes which are most likely to be involved in resolving business disputes. Standardized sections for each country except the European Community. Contributors are prominent attorneys in their respective jurisdictions. This book will be of interest to legal practitioners, in-house counsel, bankers, senior executives, and others involved in doing business or resolving disputes in foreign jurisdictions

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.