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Everyone condemns what they perceive as 'abuse of rights', and some
would elevate it to a general principle of law. But the notion
seldom suffices to be applied as a rule of decision. When
adjudicators purport to do so they expose themselves to charges of
unpredictability, if not arbitrariness. After examining the
dissimilar origins and justification of the notion in national and
international doctrine, and the difficulty of its application in
both comparative and international law, this book concludes that
except when given context as part of a lex specialis, it is too
nebulous to serve as a general principle of international law.
Denial of justice is one of the oldest bases of liability in
international law and the modern understanding of denial of justice
is examined by Paulsson in this book, which was originally
published in 2005. The possibilities for prosecuting the offence of
denial of justice have evolved in fundamental ways and it is now
settled law that States cannot disavow international responsibility
by arguing that their courts are independent of the government.
Even more importantly, the doors of international tribunals have
swung wide open to admit claimants other than states:
non-governmental organisations, corporations and individuals, and
Paulsson examines several recent cases of great importance in his
book.
Everyone condemns what they perceive as 'abuse of rights', and some
would elevate it to a general principle of law. But the notion
seldom suffices to be applied as a rule of decision. When
adjudicators purport to do so they expose themselves to charges of
unpredictability, if not arbitrariness. After examining the
dissimilar origins and justification of the notion in national and
international doctrine, and the difficulty of its application in
both comparative and international law, this book concludes that
except when given context as part of a lex specialis, it is too
nebulous to serve as a general principle of international law.
Denial of justice is one of the oldest bases of liability in
international law and the modern understanding of denial of justice
is examined by Paulsson in this book, which was originally
published in 2005. The possibilities for prosecuting the offence of
denial of justice have evolved in fundamental ways and it is now
settled law that States cannot disavow international responsibility
by arguing that their courts are independent of the government.
Even more importantly, the doors of international tribunals have
swung wide open to admit claimants other than states:
non-governmental organisations, corporations and individuals, and
Paulsson examines several recent cases of great importance in his
book.
For many parties to international contracts, arbitration has proven
to be the most effective means of dispute resolution. Too many of
these agreements, however, still founder on the rock of a defective
dispute resolution clause. This acclaimed book shows practitioners
how to steer clear of that all-too- common obstacle by drafting
fully-informed, comprehensive contract provisions at the outset.
With this newly updated edition of the very successful The
Freshfields Guide to Arbitration and ADR - still in the concise,
attractive format that made the original so popular - lawyers and
business people will confidently negotiate contracts that ensure a
speedy, clear-cut resolution of any dispute likely to arise. Taking
into account the many significant developments in the law and
practice of international arbitration that have occurred during the
years since the First Edition, it offers: clear, uncomplicated
contract-drafting advice, derived from the authors' wide practical
experience model clauses that ensure the effectiveness of dispute
resolution provisions - and avoid their pitfalls, and important
reference materials. With this new edition The Freshfields Guide to
Arbitration and ADR reaffirms itself as the preferred short guide
for busy contract negotiators. It will help them to draft
provisions that will weather disputes, preserve transactions, and
foster long-lasting mutual confidence and trust among the parties.
The International Centre for Settlement of Investment Disputes
(ICSID) has become the leading arbitration institution for
resolution of investor-state disputes, especially as ICSID may
administer arbitrations initiated under such multilateral treaties
as the North American Free Trade Agreement (NAFTA) and the growing
number of bilateral investment treaties (BITs). Accordingly,
familiarity with the regime and jurisprudence of ICSID arbitration
is an essential component of any international investment venture.
This Guide to ICSID Arbitration, written by three leading
practitioners in the eminent international law firm of Freshfields
Bruckhaus Deringer, fills the gap in the literature between generic
descriptions and academic commentary on ICSID or its aspects. It
provides a sufficiently detailed but still 'user-friendly'
understanding of what ICSID arbitration is, when and how it can and
should be used, and how an ICSID case works from start to finish.
It offers potential and non-expert users of the ICSID regime'as
well as those generally interested in international commercial
arbitration'with the essentials of the ICSID Convention and of
BITs, the various sets of rules, ICSID procedure, and the rapidly
developing ICSID jurisprudence. The Guide includes the following:
an introduction to the ICSID regime; a discussion of the
comparative merits of ICSID and other forms of arbitration; the
basics of ICSID contractual arbitration; the basics of ICSID
arbitration under bilateral and multilateral investment treaties;
illustrative treaty materials, including discussion and comparison
of BITs, and the full text of model and sample BITs and Chapter 11
of NAFTA; a description of the main ICSID rules and how a typical
ICSID case develops in practice; a discussion of the unique
features of annulment, recognition and enforcement of ICSID awards,
with reference to the main awards to date; extensive annexes of
basic ICSID documents, along with texts of relevant treaties and a
chart of BITs entered into between ICSID Member States; and a
selective bibliography of resources, for those who desire a more
detailed and analytical understanding of ICSID arbitration and
ICSID case law. Guide to ICSID Arbitration will be of immeasurable
value to international investors, corporate counsel,
businesspersons, government legal advisors, interested lawyers and
arbitrators, and students of dispute resolution. Pitched at an
ideal location between academic scholarship and introductory texts,
it offers parties in all these areas a full-fledged practical guide
to the day-to-day realities of international investment dispute
resolution in today's world.
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.
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