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.

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. Appendices include a table of cases, table of arbitral awards, table of authorities, table of articles on the 1998 ICC Arbitration Rules, and a comprehensive index.

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.

What is arbitration? This volume provides a novel theoretical examination of the concept of arbitration, attempting to answer fundamental questions which have rarely been addressed systematically in English. It explores the place of arbitration in the legal process, offering a challenging, yet accessible overview of the field and its theoretical underpinnings and contending that arbitration is important enough to be understood in its own terms, as a sui generis feature of social life.
Why do individuals, companies, and States choose to go to arbitration rather than through litigation? Arbitration can offer increased flexibility and confidentiality, and provides the parties with the opportunity to select the arbitrators. But what makes them want to confide in an arbitrator rather than use the more traditional legal mechanisms for settling disputes?
This volume explores what the parties can expect of an arbitrator and whether and how the conduct of an arbitrator might be questioned and under what authority. It examines the ethical challenges to arbitral authority and its moral hazards, evaluating the promises and dangers of self-contained systems of decision-making and compliance.

This indispensable volume provides a complete and authoritative discussion of the ICC rules and their application. Organized by arbitration rules, it contains an article-by-article analysis of the rules, including a comparison with the text of the relevant section of the 1975 rules, along with comprehensive indexes for tracking the rules of the court, and advice for arbitrators. Each annotation contains an explanation of the rationale that drove the revision or incorporation, as well as the expected effect on ICC arbitration practice. Where the rules are influenced by other established arbitration rules, appropriate cross-references appear.
Contents summary:
- Overview of the 1998 rules
- Annotated text with commentary
- Arbitral tribunal and proceedings
- Awards
- Costs
- Conversion tables
- Appendices to the 1998 rules
- Index

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.

What is arbitration? This volume provides a novel theoretical examination of the concept of arbitration, attempting to answer fundamental questions which have rarely been addressed systematically in English. It explores the place of arbitration in the legal process, offering a challenging, yet accessible overview of the field and its theoretical underpinnings and contending that arbitration is important enough to be understood in its own terms, as a sui generis feature of social life.
Why do individuals, companies, and States choose to go to arbitration rather than through litigation? Arbitration can offer increased flexibility and confidentiality, and provides the parties with the opportunity to select the arbitrators. But what makes them want to confide in an arbitrator rather than use the more traditional legal mechanisms for settling disputes?
This volume explores what the parties can expect of an arbitrator and whether and how the conduct of an arbitrator might be questioned and under what authority. It examines the ethical challenges to arbitral authority and its moral hazards, evaluating the promises and dangers of self-contained systems of decision-making and compliance.

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.