Picture of International Arbitration Under Review

International Arbitration Under Review

Essays in honour of John Beechey
Andrea Carlevaris, Laurent Lévy, Alexis Mourre, Eric A. Schwartz
ICC Publication No. 772E, 2015 Edition
Available Formats:
ISBN 978-92-842-0370-3
About this title

Hardback, 468 pages

Edited by Andrea Carlevaris, Laurent Lévy, Alexis Mourre, Eric A. Schwartz

At a time when international arbitration is facing increasing challenges, this collection of 34 articles provides informed commentary by leading arbitration specialists on some of today’s most pressing subjects, including procedural efficiency, arbitrator independence and investor-state dispute settlement (ISDS).  The book also contains thought-provoking articles on other discrete topics, as varied as arbitral appeal procedures, responsibilities of institutions, dissenting opinions, remission of awards, use of arbitration in disputes arising from mass disasters, and party representation by foreign lawyers, as well as studies on regional developments. These are all matters on which the authors – arbitrators, counsel and institutional leaders from around the world – are well-qualified to write, drawing on first-hand knowledge and experience, as well as exhaustive research, to offer analyses that are highly pertinent to the future of international arbitration. The book’s dedicatee, John Beechey, was President of the ICC International Court of Arbitration between 2009 and 2015, during which time he spearheaded many reforms likewise aimed at enhancing the efficiency, integrity and effectiveness of the arbitration process. 

Advances in International Commercial Arbitration in Latin America during John’s Presidency of the ICC Court
Christian Albanesi

The Principle of Neutrality in International Arbitration
Stefano Azzali

International Commercial Arbitration: Present Challenges and Future Prospects
George A. Bermann

Anti-Suit Injunctions by ICC Emergency Arbitrators
Sébastien Besson

Whence and Whither International Arbitration?
Karl-Heinz Böckstiegel

The Bounds of Party Autonomy in Institutional Arbitration
Andrea Carlevaris

The Champagne Case: Lessons from an Arbitration with John
Yves Derains

Are Genuine Dissenting Opinions of Real Use?
Antonias Dimolitsa

Remission of Awards: Conditions and Consequences – A Review of Statute and Case Law
Simon Greenberg and Jason Fry

The Advantages of the ICC over ICSID in Investment Arbitrations
Hamid G. Gharavi

‘Fly Away on Wings of Wind’: The Case for Arbitrating Contribution and Indemnity Disputes
Karl Hennessee

Emergency Arbitrators and Interim Relief in International Commercial Arbitration
Doug Jones

ICC Arbitration from a CIS Perspective: If Not Faster and Cheaper, Why Choose It?
Vladimir Khvalei and Galina Zukova

The Gangnam Principles: A Blueprint for Efficiency in Arbitration
Kap-You (Kevin) Kim

Site Visits in ICSID Arbitration
Meg Kinnear and Randi Ayman

Shared Chambers: Much Ado About Nothing?
Peter Leaver

What Makes Challenges Challenging?
Marnix A. Leijten and Matthias L. Kuscher

Managing Time and Costs in International Commercial Arbitration
Wendy Miles

The Exposure of Institutions to Post-Award Lawsuits and Attacks
Salim Moollan

Harmonizing Contrary Ideas on Information Exchange in International Arbitration
Richard W. Naimark

A Few Words on Prolixity in International Arbitration
Constantine Partasides

A Call to Open the ICC Emergency Arbitrator Procedure to Investment Treaty Cases
Philippe Pinsolle

Where is Investor-State Arbitration Heading? Reflections on the Debate over EU Investor Protection Agreements
Luca G. Radicati di Brozolo

Documentary Disclosure in International Arbitration: The IBA Rules and the Redfern Schedule
Alan Redfern

Re-evaluating Provisional Measures through the Lens of Efficiency and Justice
David W. Rivkin

Solving Tensions between Expert Determination and Arbitration under M&A Contracts
Klaus Sachs

An Appellate Procedure in Arbitration? The Present State of Play
Antonio Sánchez-Pedreño Kennaird

Arbitration Advocates Sans Frontières: Lessons from Wellington to Nigeria
Audley Sheppard

Some Remarks on the Contribution of ICC Arbitrators to the Development of International Commercial Arbitration involving States and State Entities
Eduardo Silva Romero

Challenges and Responsibilities of Arbitral Institutions
Jacomijn J. van Haersolte-van Hof

Dispute Resolution under the New Mexican Energy Laws
Claus von Wobeser 

Confidentiality of International Arbitration Proceedings in France: Some Reflections on the 2011 Amendment to the Code of Civil Procedure
Michael Young

Taking of Evidence in Arbitration: The Arab Experience
Nassib G. Ziadé

Merck Revisited: A Decision Ten Years Late
Eduardo Zuleta

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