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International arbitration perhaps crosses more practical and
theoretical boundaries than any other area of law. A practitioner
must approach the field prepared to deal with aspects of national,
international and conflicts laws, public and private law, and
substantive and procedural law. Crucial issues involve policy
matters as well as the layers of national and international
regulation of the arbitral process. There are also special
considerations to be taken into account in the presence of state
parties and of third parties. In a three-day symposium held at the
School of International Arbitration, Centre for Commercial Law
Studies (CCLS), Queen Mary University of London, on the occasion of
its twentieth anniversary in April 2005, a stellar array of
practitioners and academics undertook the task of taking a fresh
look at some of the persistent legal and practice issues of
international arbitration. The conference - and this book derived
from it - illustrate the combination of the scholarly and the
highly practical which has characterised the mission of the School
of International Arbitration since its establishment in 1985. These
insightful papers demonstrate not only the increasing breadth and
scope of the subject, but also the way in which many of its themes
and issues cross legal and disciplinary boundaries and pose
questions for the future of the law and arbitration practice in an
internationalised world. These include: public policy; mandatory
rules; confidentiality; provisional measures; res judicata; costs;
amicus briefs; groups of companies; parallel proceedings; and
anti-suit injunctions. Contributors focus on topics and countries
with which they have particular expertise or experience. Both
international commercial and international investment arbitration
are covered. This important book will be of great interest to
arbitration lawyers, international lawyers and business people, as
well as to academics, libraries, and students of dispute
resolution.
Since its establishment in 1986, the annual "Freshfields
Arbitration Lecture" (as it has come to be known) has given both
practitioners and academics a unique and extraordinary opportunity
to explore new insights and frontiers in the theory and practice of
international arbitration. Hosted by the School of International
Arbitration, Queen Mary University of London, each lecture provides
an eminent figure in international arbitration a platform on which
to investigate problems of interest on aspects and trends in the
field. Bringing together all the published (and some unpublished)
lectures in this important series, this valuable book confirms the
interaction between theory and practice that the School has pursued
since its inauguration, and provides in addition a remarkable
testament of the School's policy of ensuring a comparative and
international approach to international arbitration research and
study. Twenty-one leading academics and practitioners explore the
issues of States and state enterprises in arbitration, including
the following topics: international investment arbitration;
national regulation of arbitration with particular focus on the
English Arbitration Act, the UNCITRAL Model Law, and Latin America;
arbitration proceedings (including the problem of delays and
control of the arbitral process); availability of remedies
(Farnsworth 1990); efficiency of arbitration process; and the
impact of rules of law and national law on arbitration tribunals
and the arbitration process. The book also includes substantial
coverage of such fundamental and more recent themes as default
procedural rules, autonomy of the arbitration process, regulation
of arbitration in national laws, validity of arbitral awards, and
dissenting opinions. Several of the lectures have been augmented
with updates and endnotes, and an in-depth introduction supplies a
welcome overview. With contributions by some of today's leading
academics and practitioners in the field, this book will be of
great interest to arbitration lawyers, international lawyers, and
business people, as well as to academics, law libraries, and
students of dispute resolution.
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.
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