Arbitrage international

Introduction

International Arbitration | Research Guide International Law

Le présent Guide de référence concerne le règlement des différends interétatiques, des différends entre ressortissants d’un même État (particuliers ou entreprises), ou d’un État contre un autre État (États, État entreprises, ou entités d’un État) grâce à l’arbitrage. L’arbitrage international peut être soit institutionnel, soit “ad hoc”.

Le présent guide de recherche se veut un point de départ pour mener des recherches sur l’arbitrage international. Il fournit les textes juridiques de base disponibles à la Bibliothèque du Palais de la Paix, qu’il s’agisse de documents imprimés ou de documents sous format électronique. La section intitulée “Bibliographie sélective” présente une sélection de manuels, d’articles importants, de bibliographies, de publications périodiques, de publications en série et de documents pertinents. Des liens permettent de rejoindre le catalogue PPL. Le code de classification de la bibliothèque 185. Arbitrage et Juridictions en général et le mot-matière (mot-clef) Arbitrage international sont des instruments permettant de faire une recherche dans le catalogue. Une attention particulière est prêtée à nos inscriptions aux bases de données, revues électroniques, livres électroniques et autres ressources électroniques. Enfin, le présent guide de recherche contient des liens vers des sites Internet pertinents et d’autres ressources en ligne présentant un intérêt particulier.

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  • Daly, B.W. (et al.), A Guide to the PCA Arbitration Rules, Oxford, Oxford University Press, 2014.

    Daly, B.W. (et al.), A Guide to the PCA Arbitration Rules, Oxford, Oxford University Press, 2014.

    This is a guide to and commentary on the new procedural rules for arbitration adopted by the Permanent Court of Arbitration (PCA) in December 2012. The PCA is a unique arbitral institution – an intergovernmental organization counting over one hundred member states – with a rapidly growing annual caseload of arbitrations involving various combinations of states, state entities, intergovernmental organizations, and private parties. The 2012 PCA Rules are the most recent set of arbitral rules from any institution, and constitute a consolidation of four sets of PCA Rules drafted in the 1990s, and updated in light of PCA experience and the revision of other procedural regimes. They include special provisions adapted to arbitrations involving public entities and a number of novel provisions drafted on the basis of the PCA’s experience administering arbitrations. In recent years, the PCA caseload has expanded to the extent that the total amount in dispute in PCA cases is estimated to be greater than that in any other arbitral institution, increasing the need for a comprehensive guide to arbitration under its auspices. This text benefits from the unparalleled insights of its three co-authors, all of whom are PCA lawyers, one of whom is the Deputy Secretary-General of the PCA, and a member of the drafting committee for the 2012 PCA Rules. An introductory chapter, describing the mandate for the revised rules from the PCA member states, as well as the drafting process itself, is followed by a rule-by-rule analysis following the familiar structure of the rules themselves. This analysis is split into four sections: the introductory rules; the composition of the arbitral tribunal; arbitral proceedings; and the award. The comprehensive appendices are intended to reduce the need for recourse to other materials and provide a stand-alone resource.

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  • Tang, Z., Jurisdiction and Arbitration Agreements in International Commercial Law, London, New York, 2014.

    Tang, Z., Jurisdiction and Arbitration Agreements in International Commercial Law, London, New York, 2014.

    Arbitration and jurisdiction agreements are frequently used in transnational commercial contracts to reduce risk, gain efficacy and acquire certainty and predictability. Because of the similarities between these two types of procedural autonomy agreements, they are often treated in a similar way by courts and practitioners. This book offers a comprehensive study of the prerequisites, effectiveness, and enforcement of exclusive jurisdiction and arbitration agreements in international dispute resolution. It examines whether jurisdiction and arbitration clauses have identical effects in private international law and whether they have been or should be given the same treatment by most countries in the world. By comparing the treatment of these clauses in the US, China, UK and EU, Zheng Sophia Tang demonstrates how, in practice, exclusive jurisdiction and arbitration agreements are enforced. The book considers whether the Hague Convention on Choice of Court Agreements could be treated as a litigating counterpart to the New York Convention, and whether it could work successfully to facilitate judicial cooperation and party autonomy in international commerce. This book breaks new ground in combining updated materials in EU, US and UK law with unique resources on Chinese law and practice. It will be valuable for academics and practitioners working in the field of private international law and international arbitration.

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  • Ostrove, M., Salomon, C., and B. Shifman (eds), Choice of Venue in International Arbitration, Oxford, Oxford Unversity Press, 2014.

    Ostrove, M., Salomon, C., and B. Shifman (eds), Choice of Venue in International Arbitration, Oxford, Oxford Unversity Press, 2014.

    The relative merits of different arbitral venues are conveyed accessibly and practically in this far-reaching survey, with contributions from prestigious practitioners from every major global seat. The book offers comparative analysis of the relative challenges arising at venues around the world. A reliable tool during the negotiation and drafting stages, it enables a newly tactical consideration of venue, whilst providing instant answers to those in unfamiliar jurisdictions. Offering detailed analysis of a range of key venues, it addresses not only the practical reality but also the history and development in these seats, making the book both an academic and a practical investment.

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  • Webster, T. and M. Bühler, Handbook of ICC arbitration : Commentary, Precedents, Materials, London, Sweet & Maxwell/Thomson Reuters, 2014.

    Webster, T. and M. Bühler, Handbook of ICC arbitration : Commentary, Precedents, Materials, London, Sweet & Maxwell/Thomson Reuters, 2014.

    The Handbook of ICC Arbitration provides expert analysis of the whole process of using and adhering to the ICC Arbitration Rules. It examines close up the diverse issues that can occur during an arbitration and hosts essential information related to arbitration on an international level with reference to published and unpublished awards and procedural orders, as well as to many decisions of national courts. This text is a practical, rule-by-rule guide to the Rules of the International Chamber of Commerce, one of the world’s leading international arbitration institutions. It is for both the experienced practitioner and those approaching international arbitration for the first time, clearly explaining basic principles while at the same time providing the depth of analysis and references needed to solve the complex procedural issues that can arise during the arbitration process. The chapters follow the Rules of the ICC, each one setting out the relevant principles in plain English, before dealing with more complicated issues of interpretation, providing reference to discussions of the issues by other authors and to relevant case law and awards.

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  • Wöss, H. (et al), Damages in International Arbitration under Complex Long-term Contracts, Oxford, Oxford University Press, 2014.

    Wöss, H. (et al), Damages in International Arbitration under Complex Long-term Contracts, Oxford, Oxford University Press, 2014.

    Damages are a topic of central importance in international arbitration, being very often the principal concern of the parties, and an indication of the performance of their counsel. They are also one of the most complex topics. This book addresses the many competing factors that contribute to their nature and amount: while they are compensatory, they may be subject to counterclaims and set-offs, affected by failures to mitigate, or inflated by considerations such as interest and costs. Specialist evidence is relied on to complete composite calculations, taking into account such evasive factors as the destruction of market value, uncertainty of future revenues, projected interest rate changes, and lost dividends. The lack of understanding of the underlying considerations, methods such as “splitting the baby”, or dogmas such as the misinterpreted “efficient breach of contract”, combined with the already high level of burden of proof, can make successful damages claims or properly reasoned awards difficult to achieve. This book provides in-depth analysis of the legal, financial, and economic issues involved in the preparation of claims and arbitral awards for damages and loss of income, for the breach of complex long-term contracts in international arbitration. The authors address matters such as the but-for method and the reconstruction of the hypothetical course of events as well as the quantification of damages. It provides a detailed coverage of issues arising when structuring, arbitrating, or making an award on damages, making it a valuable reference for practitioners in the field. It includes a number of leading cases (including commercial and investment arbitrations), focusing on the damages analysis for breach of contract.

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  • Jemielniak, J., Legal Interpretation in International Commercial Arbitration, Farnham, Ashgate, 2014.

    Jemielniak, J., Legal Interpretation in International Commercial Arbitration, Farnham, Ashgate, 2014.

    This book fills a gap in legal academic study and practice in International Commercial Arbitration (ICA) by offering an in-depth analysis on legal discourse and interpretation. Written by a specialist in international business law, arbitration and legal theory, it examines the discursive framework of arbitral proceedings, through an exploration of the unique status of arbitration as a legal and semiotic phenomenon. Historical and contemporary aspects of legal discourse and interpretation are considered, as well as developments in the field of discourse analysis in ICA. A section is devoted to institutional and structural determinants of legal discourse in ICA in which ad hoc and institutional forms are examined. The book also deals with functional aspects of legal interpretation in arbitral discourse, focusing on interpretative standards, methods and considerations in decision-making in ICA.The comparative examinations of existing legal framework and case law reflect the international nature of the subject and the book will be of value to both academic and professional readers.

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  • Geisinger, E. and G. Tattevin, Advocacy in International Commercial Arbitration, Huntington, Juris, 2013.

    Geisinger, E. and G. Tattevin, Advocacy in International Commercial Arbitration, Huntington, Juris, 2013.

    Corporate counsel, arbitrators and lawyers discuss their experiences with advocates in international arbitration, their expectations of good advocacy in a critical analysis of The ASA Charter of Advocacy in International Commercial Arbitration. The issues discussed include, differences in culture and style, evolution of the role model over time, the relationship with the client and the tribunal, the relationship with witnesses and experts and the use of consultants and their management.

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See also

More Research guides on Règlement des différends internationaux

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