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.

Bibliographie

Reference works

Books

Leading articles

Documents

Periodicals, serial publications

Bibliographies

New titles


1. Institutionelle Schiedsgerichtsbarkeit
Institutionelle Schiedsgerichtsbarkeit : Kommentar / herausgegeben von Prof. Dr. Dr. h.c. Rolf A. Schütze ; bearbeitet von Prof. Dr. Eckart Brödermann [and 20 others]. - 3. Auflage. - Köln : Carl Heymanns Verlag, 2018. - XX, 1779 pages. ; 25 cm. - (Heymanns Kommentare) First edition: 2006. - Includes bibliographical references and an index. - 2018
Keywords: International commercial arbitration, Arbitration institutions, Regulation, Commentaries,

2. Stress testing the law of the sea
Stress testing the law of the sea : dispute resolution, disasters & emerging challenges / edited by Stephen Minas, H. Jordan Diamond ; a Law of the Sea Institute publication. - Leiden ; Boston : Brill Nijhoff, 2018. - 1 online resource (xxxiv, 343 pages) This book has its genesis in a conference held in London on 30 September and 1 October 2016, on the theme of "Stress Testing the Law of the Sea: Dispute Resolution, Disasters and New Challenges". The conference was hosted by the Transnational Law Institute (TLI) of King's College London in collaboration with the Law of the Sea Institute at the University of California, Berkeley, School of Law (LOSII)."--ECIP introduction. - Foreword : reflections on forty years of the law of the sea / Gudmundur Eiriksson -- In memoriam : David D. Caron -- Introduction : the law of the sea and the challenges of transnational governance / Stephen Minas, Jordan Diamond and Holly Doremus -- The role of the International Tribunal for the Law of the Sea in global ocean governance / Vladimir Golitsyn -- Contested sovereignty over land territory and maritime zones / Pierre-Emmanuel Dupont -- Arbitrating maritime disputes: evolving approaches to maritime features and third party interests in UNCLOS arbitration / Robert G. Volterra -- Navigating uncharted procedural waters in a rising sea of cases at the Permanent Court of Arbitration / Judith Levine and Garth L. Schofield -- ITLOS at 20 : provisional measures and the precautionary approach / Mubarak A. Waseem -- Certain controversial issues in the development of the international law of the sea / Keyuan Zou -- The South China Sea arbitration and the China-Philippines relations beyond the award / Vasco Becker-Weinberg -- Interpreting the dispute settlement limitation on fisheries after the Chagos Marine Protected Area arbitration / Alexandros X.M. Ntovas -- Protection standards for the marine environment updating part of the law of the sea convention? / Maria Gavouneli -- Weathering the 21st century : how UNCLOS contributes to responses to climate-related disaster events / Anastasia Telesetsky -- The Sendai opportunity : maritime access and cooperation for disaster relief / Stephen Minas -- Rights and obligations of states in undelimited maritime areas : the case of the eastern Mediterranean sea / Nicholas A. Ioannides. - Includes bibliographical references and index. - 2018
Keywords: Disasters, Marine environment protection, International disputes, International arbitration, United Nations Convention on the Law of the Sea (Montego-Bay, 10 December 1982), Law of the sea,

3. ICSIDious: The Uneasy Relationship between Sovereign Bonds and Investment Arbitration
ICSIDious: The Uneasy Relationship between Sovereign Bonds and Investment Arbitration / Lachlan Hopwood In: International Trade and Business Law Review = ISSN 1836-8573: vol. 21, page 19-62. - 2018
Keywords: Government debts, Bonds, Foreign direct investment, International arbitration, International Centre for Settlement of Investment Disputes,

4. International Arbitration Rules and Their Effect on Energy Sector Disputes
International Arbitration Rules and Their Effect on Energy Sector Disputes / Brian Abbas In: International Trade and Business Law Review = ISSN 1836-8573: vol. 21, page 63-123. - 2018
Keywords: Bilateral investment treaties, Foreign direct investment, Investment arbitration, Energy Charter Treaty (Lisbon, 17 December 1994), International arbitration,

5. Internationale Arbitrage en IPR
Internationale Arbitrage en IPR : toepassing van erkenningsvoorwaarden uit het Nederlandse commune IPR bij erkenning en tenuitvoerlegging van vernietigde buitenlandse arbitrale vonnissen onder het Verdrag van New York 1958 / D.G.J. Althoff In: Nederlands internationaal privaatrecht = ISSN 0167-7594: vol. 36, issue 3, page 493-511. - 2018
Keywords: The Netherlands, Recognition and execution of foreign arbitral awards, Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 10 June 1958), International arbitration, Private international law,

Choix de bibliothécaire

  • Bell, G.F. (ed.), The UNCITRAL Model Law and Asian Arbitration Laws: Implementation and Comparisons, Cambridge, Cambridge University Press, 2018. [e-book]

    Bell, G.F. (ed.), The UNCITRAL Model Law and Asian Arbitration Laws: Implementation and Comparisons, Cambridge, Cambridge University Press, 2018

    In the Asia-Pacific, thirty-eight jurisdictions have adopted the UNCITRAL Model Law on International Commercial Arbitration. This book looks at how the text and the principles of the Model Law have been implemented (or not) in key Asian jurisdictions. Most of the jurisdictions covered in this book have declared that they have adopted the Model Law but often with significant modifications. Even when jurisdictions adopt some provisions of the Model Law verbatim, their courts may have interpreted these provisions in a manner inconsistent with their goals and with how they are interpreted internationally. When a jurisdiction has not adopted the Model Law, the chapter compares its legislation to the Model Law to determine whether it is consistent with its principles. Each chapter follows the structure of the Model Law allowing the reader to easily compare the arbitration laws of different jurisdictions on each topic.

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  • Wang, F.F., Online Arbitration, Abingdon, Oxon, New York, NY, Informa Law from Routledge, 2018.

    Wang, F.F., Online Arbitration, Abingdon, Oxon, New York, NY, Informa Law from Routledge, 2018.

    Innovative initiatives for online arbitration are needed to aid in resolving cross-border commercial and consumer disputes in the EU, UK, US and China. This book provides a comparative study of online dispute resolution (ODR) systems and a model of best practices, taking into consideration the features and characteristics of various practical experiences/examples of ODR services and technological development for ODR systems and platforms. The book begins with a theoretical approach, looking into the challenges in the use of online arbitration in commercial transactions and analysing the potential adoption of technology-assisted arbitration (e.g. Basic ODR systems and Intelligent/Advanced ODR systems) in resolving certain types of international commercial and consumer disputes. It then investigates the legal obstacles to adopting ODR by examining the compatibility of technology with current legislation and regulatory development. Finally, it suggests appropriate legal and technological measures to promote the recognition of ODR, in particular online arbitration, for cross-border commercial and consumer disputes.

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  • González-Bueno, C. (ed.), 40 under 40 International Arbitration, Madrid, Dykinson, 2018. [e-book]

    González-Bueno, C. (ed.), 40 under 40 International Arbitration, Madrid, Dykinson, 2018.

    (...) This book brings together forty authors who are among the most promising rising stars in international arbitration. The topics elected by the authors go to the fundamentals of arbitration, such as due process, independence and impartiality the role of good faith, and human rights. The book also addresses  in a talented and often innovative way novel questions such as the role of psychology in arbitration, cognitive biases, third-party funding or the way in which technology will transform our profession in the years to come. My only wish is to see further editions of this remarkable book, and to see more authors from Africa and Asia amongst its future authors. I have no doubt that Carlos González-Bueno will heed this call. We should all be grateful to him for this remarkable initiative, which will greatly contribute to open the door to the new generation of arbitrators. (Alexis Mourre)

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  • Reyes, A., and W. Gu (eds.), The Developing World of Arbitration: A Comparative Study of Arbitration Reform in the Asia Pacific, Portland, OR, Hart, 2018.

    Reyes, A., and W. Gu (eds.), The Developing World of Arbitration : A Comparative Study of Arbitration Reform in the Asia Pacific, Portland, OR, Hart, 2018.

    This book provides an up-to-date and comprehensive analysis of the ways in which arbitration law and practice have recently been reformed in Asia Pacific jurisdictions. Leading contributors across the Asia Pacific region analyze twelve major jurisdictions representing varying patterns and degrees of development, whether driven from top down, bottom up, or by some hybrid impetus. Setting the arbitration systems and reforms of each investigated jurisdiction in the context of its economic, political, and judicial dynamics, this book presents, for the first-time, a cross-jurisdiction comparative and contextual study of the developing world of arbitration in the Asia Pacific and contributes to comparative international arbitration literature from an Eastern perspective. It also aims to identify an Asia Pacific model of arbitration modernization and predicts future trajectories of development and challenge in light of the ever increasing competition between Eastern- and Western-based arbitration centers.

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  • Amado, J.D., J.S. Kern and M.D. Rodriguez, Arbitrating the Conduct of International Investors, Cambridge, Cambridge University Press, 2018.

    Investment arbitration has emerged from modest beginnings and matured into an established presence in international law. However, in recent years it has drifted from the reciprocal vision of its founders. This volume serves as a comprehensive guide for those who wish to reform international investment law from within, seeking a return to the mutuality of access that is in arbitration's essence. A detailed toolset is provided for enhancing the access of host States and their nationals to formal resolution mechanisms in foreign investment disputes. It concludes by offering model texts to achieve greater reciprocity and access to justice in the settlement of disputes arising from international investment initiatives. The book will appeal to all those interested in the future of international investment law, including an international audience of scholars, government officials, private sector actors, and private citizens alike, and including diverse constituencies, communities, and collectives of host State nationals.

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  • Piers, M., and C. Aschauer (eds.), Arbitration in the Digital Age: The Brave New World of Arbitration, Cambridge, Cambridge University Press, 2018.

    Piers, M., and C. Aschauer (eds.), Arbitration in the Digital Age: The Brave New World of Arbitration, Cambridge, Cambridge University Press, 2018.

    Arbitration in the Digital Age analyses how technology can be efficiently and legitimately used to further sound arbitration proceedings. The contributions, from a variety of arbitration scholars, report on current developments, predict future trends, and assesses their impact from a practical, legal, and technical point of view. The book also discusses the relationship between arbitration and the Internet and analyses how social media can affect arbitrators and counsel's behaviour. Furthermore, it analyses the validity of electronic arbitration and awards, as well as Online Arbitration (OArb). The volume establishes, on a very practical level, how technology could be used by arbitration institutions, arbitrators, parties to an arbitration and counsel. This book will be of special interest to arbitrators and lawyers involved in international commercial arbitration.

     

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  • Najjar, N., Arbitration and International Trade in the Arab Countries, Leiden, Brill Nijhoff, 2018.

    Najjar, N., Arbitration and International Trade in the Arab Countries, Leiden, Brill Nijhoff, 2018.

    The author has assembled a masterful compendium of arbitration law in the Arab countries. A true study of comparative law in the purest sense of the term, the work puts into perspective the solutions retained in the various laws concerned and highlights both their convergences and divergences. Focusing on the laws of sixteen States, the author examines international trade arbitration in the MENA region and assesses the value of these solutions in a way that seeks to guide a practice which remains extraordinarily heterogeneous. The book provides an analysis of a large number of legal sources, court decisions as well as a presentation of the attitude of the courts towards arbitration in the States studied. Traditional and modern sources of international arbitration are examined through the prism of the two requirements of international trade, freedom and safety, the same prism through which the whole law of arbitration is studied. The book thus constitutes an indispensable guide to any arbitration specialist called to work with the Arab countries, both as a practitioner and as a theoretician.

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  • Betz, K., Proving Bribery, Fraud, and Money Laundering in International Arbitration: On Applicable Criminal Law and Evidence, Cambridge, Cambridge University Press, 2017.

    Betz, K., Proving Bribery, Fraud, and Money Laundering in International Arbitration: On Applicable Criminal Law and Evidence, Cambridge, Cambridge University Press, 2017.

    Over the past few decades, arbitration has become the number one mechanism to settle international investment and commercial disputes. As a parallel development, the international legal framework to combat economic crime became much stronger within the fields of foreign public bribery, private bribery, fraud and money laundering. With frequent allegations of criminal conduct arising in international arbitration proceedings, it is crucially important to consider how such claims can be proven. This book analyses relevant case law involving alleged criminal conduct within international arbitration and addresses the most pressing issues regarding applicable criminal law and evidence. It is an essential resource for practising lawyers and academics active in the field of international investment and commercial arbitration.

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  • Bermann, G.A., Recognition and Enforcement of Foreign Arbitral Awards: The Interpretation and Application of the New York Convention by National Courts, Cham, Springer, 2017.

    Bermann, G.A., Recognition and Enforcement of Foreign Arbitral Awards: The Interpretation and Application of the New York Convention by National Courts, Cham, Springer, 2017.

    This book examines how the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, commonly known as The New York Convention, has been understood and applied in a great number of jurisdictions, including virtually all that are leading international arbitration centers. It begins with a general report surveying and synthesizing national responses to a large number of critical issues in the Convention's interpretation and application. It is followed by national reports, all of which are organized in accordance with a common questionnaire raising these critical issues. Following introductory remarks, each report addresses the following aspects of the Convention which include its basic implementation within the national legal system; enforcement by local courts of agreements to arbitrate (including grounds for withholding enforcement), recognition and enforcement of foreign awards by local courts under the Convention (including grounds for denying recognition and enforcement), and essential procedural issues in the courts' conduct of recognition and enforcement. Each report concludes with an overall assessment of the Convention's interpretation and application on national territory and recommendations, if any, for reform. The New York Convention was intended to enhance the workings of the international arbitral system, primarily by ensuring that arbitral awards are readily recognizable and enforceable in States other than the State in which they are rendered, subject of course to certain safeguards reflected by the Convention's limited grounds for denying recognition or enforcement. It secondarily binds signatory states to enforce the arbitration agreements on the basis of which awards under the Convention will be rendered. Despite its exceptionally wide adoption and its broad coverage, the New York Convention depends for its efficacy on the conduct of national actors, and national courts in particular. Depending on the view of international law prevailing in a given State, the Convention may require statutory implementation at the national level. Beyond that, the Convention requires of national courts an apt understanding of the principles and policies that underlie the Convention's various provisions. Through its in-depth coverage of the understandings of the Convention that prevail across national legal systems, the book gives practitioners and scholars a much-improved appreciation of the New York Convention "on the ground."

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  • Stone Sweet, A., and F. Grisel, The Evolution of International Arbitration: Judicialization, Governance, Legitimacy, New York, NY, Oxford University Press, 2017.

    Stone Sweet, A., and F. Grisel, The Evolution of International Arbitration: Judicialization, Governance, Legitimacy, New York, NY, Oxford University Press, 2017.

    The development of international arbitration as an autonomous legal order is one of the most remarkable stories of institution building at the global level over the past century. Today, transnational firms and states settle their most important commercial and investment disputes not in courts, but in arbitral centres, a tightly networked set of organizations that compete with one another for docket, resources, and influence. In this book, the authors show that international arbitration has undergone a self-sustaining process of institutional evolution that has steadily enhanced arbitral authority. This judicialization process was sustained by the explosion of trade and investment, which generated a steady stream of high stakes disputes, and the efforts of elite arbitrators and the major centres to construct arbitration as a viable substitute for litigation in domestic courts. For their part, state officials (as legislators and treaty makers), and national judges (as enforcers of arbitral awards), have not just adapted to the expansion of arbitration; they have heavily invested in it, extending the arbitral order's reach and effectiveness. Arbitration's very success has, nonetheless, raised serious questions about its legitimacy as a mode of transnational governance. The book provides a clear causal theory of judicialization using original data and analysis, and a broad, relatively non-technical overview of the evolution of the arbitral order. Each chapter compares international commercial and investor-state arbitration, across clearly specified measures of judicialization and governance. Topics include: the evolution of procedures; the development of precedent and the demand for appeal; balancing in the public interest; legitimacy debates and proposals for systemic reform

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  • Kidane, W.L., The Culture of International Arbitration, New York, NY, Oxford University Press, 2017.

    Kidane, W.L., The Culture of International Arbitration, New York, NY, Oxford University Press, 2017.

    Although international arbitration has emerged as a credible means of resolution of transnational disputes involving parties from diverse cultures, the effects of culture on the accuracy, efficiency, fairness, and legitimacy of international arbitration is a surprisingly neglected topic within the existing literature. The Culture of International Arbitration fills that gap by providing an in-depth study of the role of culture in modern day arbitral proceedings. It contains a detailed analysis of how cultural miscommunication affects the accuracy, efficiency, fairness, and legitimacy in both commercial and investment arbitration when the arbitrators and the parties, their counsel and witnesses come from diverse legal traditions and cultures. The book provides a comprehensive definition of culture, and methodically documents and examines the epistemology of determining facts in various legal traditions and how the mixing of traditions influences the outcome. By so doing, the book demonstrates the acute need for increasing cultural diversity among arbitrators and counsel while securing appropriate levels of cultural competence. To provide an accurate picture, Kidane conducted interviews with leading international jurists from diverse legal traditions with first-hand experience of the complicating effects of culture in legal proceedings. Given the insights and information on the rules and expectations of the various legal traditions and their convergence in modern day international arbitration practice, this book challenges assumptions and can offer a unique and useful perspective to all practitioners, academics, policy makers, students of international arbitration.

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  • Möckesch, A., Attorney-Client Privilege in International Arbitration, Oxford, Oxford University Press, 2017.

    Möckesch, A., Attorney-Client Privilege in International Arbitration, Oxford, Oxford University Press, 2017.

    Attorney-client privilege is often invoked as a defence in international arbitration proceedings however the participants often have very different expectations regarding the applicable privilege standard, as national attorney-client privilege laws vary widely between jurisdictions. This is complicated by the fact that institutional arbitral rules do not include provisions on the scope of attorney-client privilege, nor do they outline the conflict of laws issues determining the applicable national privilege law. The applicable level of privilege is therefore left to the discretion of the arbitral tribunal. Drawing on interviews with more than thirty leading international arbitration practitioners and extensive academic research, this book is the first of its kind to provide clear guidance to arbitral tribunals regarding the determination of the applicable attorney-client privilege standard. It compares attorney-client privilege in key common and civil law jurisdictions, analyses precedent from previous tribunals, and finally sets out proposed changes to the legal framework governing this area.

     

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  • Brekoulakis, S., J. Lew, and L. Mistelis (eds.), The Evolution and Future of International Arbitration, Alphen aan den Rijn, Wolters Kluwer, 2016.

    Brekoulakis, S., J. Lew, and L. Mistelis (eds.), The Evolution and Future of International Arbitration, Alphen aan den Rijn, Wolters Kluwer, 2016.

    This publication presents a detailed overview of the current status of arbitration law, practice, jurisprudence, and scholarship. The School of International Arbitration of the Centre for Commercial Law Studies at Queen Mary University of London celebrated its thirtieth anniversary in April 2015 with a major conference featuring presentations by thirty-five international arbitration practitioners and scholars from many countries representing a variety of legal systems. This volume has emerged from that conference. What is striking is not only the range and diversity of the topics examined but also the emergence of new subjects for examination, demonstrating that arbitration law and practice do not stand still but are constantly evolving.

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Database

 

Blogs

  • UPEACE/Peace Palace Library Lecture: Judge Kenneth Keith and PCA Legal Counsel Judith Levine on International Water Disputes

    On Wednesday January 28, 2015, the fourth of a series of Lectures on Peacebuilding in Progress was held at the Academy Building of the Peace Palace, The Hague. The lectures on Peacebuilding are organised by the UPEACE Centre The Hague and the Peace Palace Library.

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See also

More Research guides on Règlement des différends internationaux