This book surveys the range of procedures for the settlement of international disputes, whether the disputes arise between States or between States and corporations or individuals. The first part of the book examines non-judicial procedures such as negotiation, mediation, fact-finding, as well as judicial procedures. In the second part of the book the emerging principles of procedural law applied in these tribunals are discussed. Here the authors go through the many and complex stages of the settlement process.

Written by one of the nation's most astute observers of the court, this classic text examines the theory, practice, and people behind the judicial process in the United States, England, and France. At once comparative, expository, analytical, and evaluative, The Judicial Processs illuminates the judiciary's political, legal and governmental roles and closely examines the much debated but little understood line between "judicial activism" and "judicial restraint". This new edition includes all important development and structural changes in the three nations' judicial systems up to 1997.

These essays by one of the country's leading international lawyers represent his best and most interesting writing over a twenty-year period. The volume includes a report of the author's recent Hague Lectures entitled `Provisional and Protective Measures in International Litigation', which constitute one third of the book and which will be compulsory reading for all international litigators.

Although arbitration is a way of settling disputes without expensive court litigation, it carries with it a central conflict for the state. That is, if the judgments of the arbiter are not supported by the state, then they are not enforceable, and arbitration becomes unworkable. On the other hand, arbitration can frequently be manipulated to maintain inequitable relationships, and the state has legitimate reservations about surrendering or leasing its authority. In this work, Ian Macneil examines the history of the American arbitration legislation that deals with this conflict.

The Tribunal, concerned principally with the claims of US 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.

The Tribunal, concerned principally with the claims of US 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.

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.

The International Law Reports is the only publication in the world completely devoted to the regular and systematic reporting in English of decisions of international courts and arbitrators as well as judgments of national courts. Volume 124 reports on a key decision of the ICSID Tribunal (Maffezini v. Spain), decisions of the Canadian courts in Burns, Suresh, Ahani and Bouzari on torture, terrorism and the death penalty, as well as decisions of the House of Lords on terrorism, hereditary peers and refugee status.

Africa has been at the forefront of contemporary global efforts towards ensuring greater accountability for international crimes. But the continent's early embrace of international criminal justice seems to be taking a new turn with the recent resistance from some African states claiming that the emerging system of international criminal law represents a new form of imperialism masquerading as international rule of law. This book analyses the relationship and tensions between the International Criminal Court (ICC) and Africa. It traces the origins of the confrontation between African governments, both acting individually and within the framework of the African Union, and the permanent Hague-based ICC. Leading commentators offer valuable insights on the core legal and political issues that have confused the relationship between the two sides and expose the uneasy interaction between international law and international politics. They offer suggestions on how best to continue the fight against impunity, using national, ICC, and regional justice mechanisms, while taking into principled account the views and interests of African States.

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.

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.

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.

The Yearbook Commercial Arbitration continues its longstanding commitment to serving as a primary resource for the international arbitration community with reporting on arbitral awards and court decisions applying the leading arbitration conventions, as well as arbitration legislation and rules. Volume XXXIV provides: * A selection of awards made under the auspices of, inter alia, the International Chamber of Commerce (ICC), The German Arbitration Institute (DIS) and the Netherlands Arbitration Institute (NAI), as well as an ad hoc partial award rendered under the UNCITRAL Arbitration Rules; * a selection of court decisions on different topics that are relevant to the practice of (International) arbitration; * Information on PR China, Germany, Italy, Japan, Southern Africa, Spain, the United States and WIPO; * excerpts of 77 court decisions applying the 1958 New York Convention from 23 countries, including, for the first time, cases from Antigua and Barbuda and Kenya; * decisions from Austria, Canada, Germany, Greece, Hong Kong, India, Jordan, Kenya, the Russian Federation, Singapore, Turkey and Venezuela reflecting the parallel application of the UNCITRAL Model Law as adopted in these jurisdictions together with the Convention; * cases from Austria, Brazil, PR China, Germany, Greece, Israel, Italy, Jordan, Netherlands, Netherlands Antilles, Russian Federation, Switzerland, Turkey and Venezuela, all translated from their original language into English; and, * an extensive Bibliography of recent books and journals on arbitration, including this year general works on the theory and practice of arbitration in China, England, France, Germany, Hong Kong, Japan and The Netherlands, as well as commentaries on the rules of the ICC, the LCIA, the NAI and the Vienna International Arbitral Centre. The Yearbook is edited by the International Council for Commercial Arbitration (ICCA), the world's leading organization representing practitioners and academics in the field, with the assistance of the Permanent Court of Arbitration, The Hague. It is an essential tool for lawyers, business people and scholars involved in the practice and study of international arbitration.

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 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.

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.

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 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.