Celebrating the 100th anniversary of the Chartered Institute of Arbitrators, this book draws together essays from more than forty of the most well known practitioners and academics currently engaged with international arbitration.
Julio Cesar Betancourt was admitted to the practice of law in 2001. He obtained his Master's in International Business Law from University College London, specializing in Alternative Dispute Resolution, Dispute Resolution and Conflict Management, and International Arbitration. Julio Cesar is the Chartered Institute of Arbitrators' Head of Research and Academic Affairs. He is currently pursuing doctoral studies at the University of Salamanca.
Julio Cesar Betancourt: The Chartered Institute of Arbitrators (1915-2015); I. International Arbitration Law, Arbitral Jurisdiction, and Arbitral Institutions; 1 William W Park: Explaining arbitration law; 2 Karl-Heinz Bockstiegel: Experiences and suggestions regarding the functioning of international arbitration institutions; 3 V V Veeder: The 2014 new LCIA rules: An introductory explanation; II. Understanding the Users of International Arbitration; 4 Peter J Rees: Putting the client first; 5 Mauro Rubino-Sammartano: How easy is it not to take adequate care of the proper expectations of the parties?; III. International Arbitration Agreements: Issues and Perspectives; 6 Lord Saville: Some reflections on the making of international arbitration agreements for the resolution of commercial disputes; 7 John J Barcelo III: Arbitrability decisions before, during, and after arbitration; 8 Neil Kaplan and Olga Boltenko: The dangers of neglect: Governing law of arbitration agreements; 9 Renato Nazzini: The law governing the arbitration agreement: A transnational solution?; 10 Michael Young: Identifying the language of an arbitration when the arbitration clause is silent; IV. Arbitral Procedure and Procedural Misdemeanour; 11 Hilary Heilbron: Is international arbitration becoming too confrontational and counterintuitive? And some guidelines as to how not to irritate a tribunal!; 12 Elizabeth Snodgrass: Procedural efficiency in international commercial arbitration: Building it into the process; 13 Lord Hacking and Sophia Berry: Ethics in arbitration: Party and arbitral misconduct; V. Emergency Arbitrators and Interim Relief; 14 Doug Jones: Emergency arbitrators and court-ordered interim measures: Is the choice important?; 15 Grant Hanessian: Legal standards applicable to deciding applications for interim relief; VI. Discovery and Document Production; 16 Alexander Yanos: Discovery in arbitration: Can parties use 28 USC SC 1782 to circumvent the process ordered by the arbitral tribunal?; 17 Mark McNeill and Margaret Clare Ryan: Meeting the requirements of article 3(3) of the IBA rules: Recommendations for successful requests for document production; VII. Witnesses and Perjury; 18 Lawrence W Newman: Cross-examination of fact witness statements in international arbitration; 19 Bernardo M Cremades: The expert witness in international arbitration; 20 Audley Sheppard: Oaths and perjury; VIII. Arbitrators' Decision-Making Power and Arbitral Tribunals' Cessation of Functions; 21 Margaret L Moses: Inherent and implied powers of arbitrators; 22 Sebastien Besson: Good (and bad) initiatives of arbitrators: Where to draw the line between activism and passivity?; 23 Thomas Schultz and Robert Kovacs: The law is what the arbitrator had for breakfast: How income, reputation, justice, and reprimand act as determinants of arbitrator behaviour; 24 Greg Fullelove: Functus officio?; IX. Costs, Funding, and Ideas for Optimization; 25 Michael O'Reilly: The harmonization of costs practices in international arbitration: The search for the Holy Grail; 26 Joe Tirado, Daniel Meagher, and Arpan Gupta: The costs and funding of international arbitration; 27 Marie Berard: 'Other costs' in international arbitration: A review of the recoverability of internal and third-party funding costs; 28 Jeffrey Waincymer: Optimizing the use of mediation in international arbitration: A cost-benefit analysis of 'two hat' versus 'two people' models; X. Judicial Review, Judicial Performance, and Enforcement; 29 Sir Bernard Rix: Judicial review of the merits of arbitration awards under English law; 30 S I Strong: Improving judicial performance in matters involving international arbitration; 31 Alex Mills: The principled English ambivalence to law and dispute resolution beyond the state; XI. Public Policy and Abuse of Process; 32 Stavros Brekoulakis: Public policy rules in English arbitration law; 33 David J Sandy: The role of abuse of process in protecting the integrity of arbitration awards; XII. International Arbitration: Myths and Perspectives; 34 Gordon Blanke: Arbitration in the UAE: Demystifying the myths; XIII. Dispute Resolution in the Construction Industry; 35 Thomas J Stipanowich: Managing construction conflict: Unfinished revolution, continuing evolution; 36 Andrew Tweeddale and Keren Tweeddale: Shifting the burden of proof: Revisiting adjudication decisions; XIV. Final Reflections and Looking Ahead; 37 Martin Hunter: Recollections of past events and reflections on future trends
Show moreCelebrating the 100th anniversary of the Chartered Institute of Arbitrators, this book draws together essays from more than forty of the most well known practitioners and academics currently engaged with international arbitration.
Julio Cesar Betancourt was admitted to the practice of law in 2001. He obtained his Master's in International Business Law from University College London, specializing in Alternative Dispute Resolution, Dispute Resolution and Conflict Management, and International Arbitration. Julio Cesar is the Chartered Institute of Arbitrators' Head of Research and Academic Affairs. He is currently pursuing doctoral studies at the University of Salamanca.
Julio Cesar Betancourt: The Chartered Institute of Arbitrators (1915-2015); I. International Arbitration Law, Arbitral Jurisdiction, and Arbitral Institutions; 1 William W Park: Explaining arbitration law; 2 Karl-Heinz Bockstiegel: Experiences and suggestions regarding the functioning of international arbitration institutions; 3 V V Veeder: The 2014 new LCIA rules: An introductory explanation; II. Understanding the Users of International Arbitration; 4 Peter J Rees: Putting the client first; 5 Mauro Rubino-Sammartano: How easy is it not to take adequate care of the proper expectations of the parties?; III. International Arbitration Agreements: Issues and Perspectives; 6 Lord Saville: Some reflections on the making of international arbitration agreements for the resolution of commercial disputes; 7 John J Barcelo III: Arbitrability decisions before, during, and after arbitration; 8 Neil Kaplan and Olga Boltenko: The dangers of neglect: Governing law of arbitration agreements; 9 Renato Nazzini: The law governing the arbitration agreement: A transnational solution?; 10 Michael Young: Identifying the language of an arbitration when the arbitration clause is silent; IV. Arbitral Procedure and Procedural Misdemeanour; 11 Hilary Heilbron: Is international arbitration becoming too confrontational and counterintuitive? And some guidelines as to how not to irritate a tribunal!; 12 Elizabeth Snodgrass: Procedural efficiency in international commercial arbitration: Building it into the process; 13 Lord Hacking and Sophia Berry: Ethics in arbitration: Party and arbitral misconduct; V. Emergency Arbitrators and Interim Relief; 14 Doug Jones: Emergency arbitrators and court-ordered interim measures: Is the choice important?; 15 Grant Hanessian: Legal standards applicable to deciding applications for interim relief; VI. Discovery and Document Production; 16 Alexander Yanos: Discovery in arbitration: Can parties use 28 USC SC 1782 to circumvent the process ordered by the arbitral tribunal?; 17 Mark McNeill and Margaret Clare Ryan: Meeting the requirements of article 3(3) of the IBA rules: Recommendations for successful requests for document production; VII. Witnesses and Perjury; 18 Lawrence W Newman: Cross-examination of fact witness statements in international arbitration; 19 Bernardo M Cremades: The expert witness in international arbitration; 20 Audley Sheppard: Oaths and perjury; VIII. Arbitrators' Decision-Making Power and Arbitral Tribunals' Cessation of Functions; 21 Margaret L Moses: Inherent and implied powers of arbitrators; 22 Sebastien Besson: Good (and bad) initiatives of arbitrators: Where to draw the line between activism and passivity?; 23 Thomas Schultz and Robert Kovacs: The law is what the arbitrator had for breakfast: How income, reputation, justice, and reprimand act as determinants of arbitrator behaviour; 24 Greg Fullelove: Functus officio?; IX. Costs, Funding, and Ideas for Optimization; 25 Michael O'Reilly: The harmonization of costs practices in international arbitration: The search for the Holy Grail; 26 Joe Tirado, Daniel Meagher, and Arpan Gupta: The costs and funding of international arbitration; 27 Marie Berard: 'Other costs' in international arbitration: A review of the recoverability of internal and third-party funding costs; 28 Jeffrey Waincymer: Optimizing the use of mediation in international arbitration: A cost-benefit analysis of 'two hat' versus 'two people' models; X. Judicial Review, Judicial Performance, and Enforcement; 29 Sir Bernard Rix: Judicial review of the merits of arbitration awards under English law; 30 S I Strong: Improving judicial performance in matters involving international arbitration; 31 Alex Mills: The principled English ambivalence to law and dispute resolution beyond the state; XI. Public Policy and Abuse of Process; 32 Stavros Brekoulakis: Public policy rules in English arbitration law; 33 David J Sandy: The role of abuse of process in protecting the integrity of arbitration awards; XII. International Arbitration: Myths and Perspectives; 34 Gordon Blanke: Arbitration in the UAE: Demystifying the myths; XIII. Dispute Resolution in the Construction Industry; 35 Thomas J Stipanowich: Managing construction conflict: Unfinished revolution, continuing evolution; 36 Andrew Tweeddale and Keren Tweeddale: Shifting the burden of proof: Revisiting adjudication decisions; XIV. Final Reflections and Looking Ahead; 37 Martin Hunter: Recollections of past events and reflections on future trends
Show moreJulio César Betancourt: The Chartered Institute of Arbitrators
(1915-2015)
I. International Arbitration Law, Arbitral Jurisdiction, and
Arbitral Institutions
1: William W Park: Explaining arbitration law
2: Karl-Heinz Böckstiegel: Experiences and suggestions regarding
the functioning of international arbitration institutions
3: V V Veeder: The 2014 new LCIA rules: An introductory
explanation
II. Understanding the Users of International Arbitration
4: Peter J Rees: Putting the client first
5: Mauro Rubino-Sammartano: How easy is it not to take adequate
care of the proper expectations of the parties?
III. International Arbitration Agreements: Issues and
Perspectives
6: Lord Saville: Some reflections on the making of international
arbitration agreements for the resolution of commercial
disputes
7: John J Barceló III: Arbitrability decisions before, during, and
after arbitration
8: Neil Kaplan and Olga Boltenko: The dangers of neglect: Governing
law of arbitration agreements
9: Renato Nazzini: The law governing the arbitration agreement: A
transnational solution?
10: Michael Young: Identifying the language of an arbitration when
the arbitration clause is silent
IV. Arbitral Procedure and Procedural Misdemeanour
11: Hilary Heilbron: Is international arbitration becoming too
confrontational and counterintuitive? And some guidelines as to how
not to irritate a tribunal!
12: Elizabeth Snodgrass: Procedural efficiency in international
commercial arbitration: Building it into the process
13: Lord Hacking and Sophia Berry: Ethics in arbitration: Party and
arbitral misconduct
V. Emergency Arbitrators and Interim Relief
14: Doug Jones: Emergency arbitrators and court-ordered interim
measures: Is the choice important?
15: Grant Hanessian: Legal standards applicable to deciding
applications for interim relief
VI. Discovery and Document Production
16: Alexander Yanos: Discovery in arbitration: Can parties use 28
USC § 1782 to circumvent the process ordered by the arbitral
tribunal?
17: Mark McNeill and Margaret Clare Ryan: Meeting the requirements
of article 3(3) of the IBA rules: Recommendations for successful
requests for document production
VII. Witnesses and Perjury
18: Lawrence W Newman: Cross-examination of fact witness statements
in international arbitration
19: Bernardo M Cremades: The expert witness in international
arbitration
20: Audley Sheppard: Oaths and perjury
VIII. Arbitrators' Decision-Making Power and Arbitral Tribunals'
Cessation of Functions
21: Margaret L Moses: Inherent and implied powers of
arbitrators
22: Sébastien Besson: Good (and bad) initiatives of arbitrators:
Where to draw the line between activism and passivity?
23: Thomas Schultz and Robert Kovacs: The law is what the
arbitrator had for breakfast: How income, reputation, justice, and
reprimand act as determinants of arbitrator behaviour
24: Greg Fullelove: Functus officio?
IX. Costs, Funding, and Ideas for Optimization
25: Michael O'Reilly: The harmonization of costs practices in
international arbitration: The search for the Holy Grail
26: Joe Tirado, Daniel Meagher, and Arpan Gupta: The costs and
funding of international arbitration
27: Marie Berard: 'Other costs' in international arbitration: A
review of the recoverability of internal and third-party funding
costs
28: Jeffrey Waincymer: Optimizing the use of mediation in
international arbitration: A cost-benefit analysis of 'two hat'
versus 'two people' models
X. Judicial Review, Judicial Performance, and Enforcement
29: Sir Bernard Rix: Judicial review of the merits of arbitration
awards under English law
30: S I Strong: Improving judicial performance in matters involving
international arbitration
31: Alex Mills: The principled English ambivalence to law and
dispute resolution beyond the state
XI. Public Policy and Abuse of Process
32: Stavros Brekoulakis: Public policy rules in English arbitration
law
33: David J Sandy: The role of abuse of process in protecting the
integrity of arbitration awards
XII. International Arbitration: Myths and Perspectives
34: Gordon Blanke: Arbitration in the UAE: Demystifying the
myths
XIII. Dispute Resolution in the Construction Industry
35: Thomas J Stipanowich: Managing construction conflict:
Unfinished revolution, continuing evolution
36: Andrew Tweeddale and Keren Tweeddale: Shifting the burden of
proof: Revisiting adjudication decisions
XIV. Final Reflections and Looking Ahead
37: Martin Hunter: Recollections of past events and reflections on
future trends
Julio César Betancourt was admitted to the practice of law in 2001. He obtained his Master's in International Business Law from University College London, specializing in Alternative Dispute Resolution, Dispute Resolution and Conflict Management, and International Arbitration. Julio César is the Chartered Institute of Arbitrators' Head of Research and Academic Affairs. He is currently pursuing doctoral studies at the University of Salamanca.
`This is no ordinary liber amicorum. A constellation of the
brightest stars in the firmament of international commercial
arbitration has shone new light on a comprehensive selection of
contemporary problems.'
Professor Derek Roebuck, Institute of Advanced Legal Studies
`This is a rich collection of contributions on all aspects of
international arbitration from authors pre-eminent in the field. It
is a worthy celebration of CIArb's Centenary.'
Michael Collett QC, 20 Essex Street
`This is a valuable contribution to the world's trove of arbitral
wisdom - from an elegant foreword through the kidnapped arbitrator
(it is a more exciting world than you might think!) - to the
comprehensive review of how construction conflict resolution has
evolved, there is much here to interest, to enjoy, and from which
to learn.'
John Tackaberry QC, 39 Essex Chambers
`This fine collection of essays delivers what some other
international arbitration texts only promise: you really will learn
something new from each of the meticulously edited, eminently
readable chapters. A fitting 100th-birthday tribute to the
CIArb.'
Simon Nesbitt QC, Maitland Chambers
`With this collection of leading international arbitration players
writing - from specialized experience - on this collection of
issues, this liber amicorum will be defining indeed.
Congratulations to the CIArb.'
Lucy Reed, Freshfields Bruckhaus Deringer
`The Chartered Institute of Arbitrators celebrates its 100th
anniversary with a book that is a tribute to the great contribution
that it has made to the progress and development of international
dispute resolution in a time of renewed challenges. Defining Issues
in International Arbitration provides a fascinating perspective on
the contemporary issues facing arbitration and is an extremely
valuable source of inspiration on how they should be addressed.
Any
practitioner or scholar should read it.'
Alexis Mourre, President, ICC International Court of Arbitration
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