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| Foreword | |
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| Preface | |
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| Introduction to International Commercial Arbitration | |
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| Purpose | |
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| Defining Characteristics | |
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| Consent | |
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| Non-Governmental Decision-Makers | |
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| A Final and Binding Award | |
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| Advantages of Arbitration | |
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| Disadvantages of Arbitration | |
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| The Regulatory Framework | |
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| Institutional Arbitration v. Ad Hoc Arbitration | |
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| Arbitral Institutions | |
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| The International Chamber of Commerce (ICC) International Court of Arbitration | |
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| The American Arbitration Association's {AAA} International Center for Dispute Resolution (ICDR) | |
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| The London Court of International Arbitration (LCIA) | |
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| Other Arbitral Institutions | |
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| Arbitrations Involving States | |
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| ICSID Arbitrations | |
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| The Permanent Court of Arbitration | |
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| Other Dispute Resolution Methods | |
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| Mediation | |
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| Conciliation | |
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| Neutral Evaluation | |
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| Expert Determination | |
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| Mini-Trials | |
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| Last Offer Arbitration (Baseball Arbitration) | |
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| Conclusion | |
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| The Arbitration Agreement | |
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| Function and Purpose | |
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| Arbitration Clauses and Submission Agreements | |
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| Separability | |
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| Validity | |
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| The Writing Requirement | |
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| Recommended Interpretation of Articles II and VII | |
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| Amendment to Article 7 of UNCITRAL Mode) Law | |
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| U.N. Convention on Use of Electronic Communications | |
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| Other Article 7 Issues | |
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| Effect of the More Favorable Right Provision | |
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| A Defined Legal Relationship | |
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| Capable of Being Settled by Arbitration | |
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| Null and Void, Inoperable or Incapable of Being Performed | |
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| Null and Void | |
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| Inoperable | |
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| Incapable of Being Performed | |
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| Binding Nonsignatories | |
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| Group of Companies | |
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| Equitable Estoppel | |
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| Veil Piercing/Alter Ego | |
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| Drafting the Arbitration Agreement | |
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| Essential Requirements | |
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| Choice of Arbitrators | |
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| Place of Arbitration | |
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| Language of the Arbitration | |
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| Substantive Law | |
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| Additional Provisions | |
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| International Bar Association Rules on Taking Evidence | |
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| Preliminary Relief | |
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| Technical Expertise | |
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| MultiStep Dispute Resolution Clauses | |
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| Dispositive Motions | |
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| Legal Fees and Costs | |
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| Confidentiality | |
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| Expanded Judicial Review | |
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| Waiver of State Immunity | |
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| Multiparty Agreements | |
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| Conclusion | |
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| Applicable Laws and Rules | |
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| Importance of the Law | |
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| Derealization v. Territoriality | |
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| Arguments Favoring Delocalization | |
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| Arguments Opposing Delocalization | |
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| Some Modern Approaches to Delocalization | |
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| Sports Arbitrations | |
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| Online Arbitrations | |
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| The Lex Mercatoria | |
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| Definition of the Lex Mercatoria | |
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| Application of the Lex Mercatoria | |
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| Contracts between States | |
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| Contracts between a State and a Private Company | |
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| The Parties' Choice of Law | |
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| The Law Governing the Arbitral Proceedings | |
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| The Rules Governing the Arbitral Proceedings | |
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| The Law Governing the Arbitration Agreement | |
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| The Law Governing Arbitrability | |
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| The Law Governing the Contract | |
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| National or International Law | |
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| Lex Mercatoria | |
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| Unrelated National Law | |
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| D�pe�age | |
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| Renvoi | |
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| Ex Aequo et Bono and Amiable Compositeur | |
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| When Parties Fail to Choose the Seat or the Governing Law | |
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| Failure to Choose the Seat | |
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| Failure to Choose a Governing Law | |
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| Conflicts of Law | |
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| Vote Indirecte | |
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| Vote Directe | |
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| An Arbitrator's Duty to Apply the Law | |
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| Law or Equity | |
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| Duty to Render an Enforceable Award | |
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| Applying the Law | |
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| The Lex Arbitri | |
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| Mandatory Law | |
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| Mandatory Law and Public Policy | |
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| Judicial Assistance for Arbitration | |
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| Enforcement of Arbitration Agreements | |
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| Extent of Judicial Review | |
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| Competence-Competence | |
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| Anti-Suit Injunctions | |
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| Anti-Suit Injunctions in the United States | |
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| Anti-Suit Injunctions in Europe | |
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| Interim Measures | |
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| Kinds of Interim Measures | |
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| Tribunal or Court-Where to Go for Interim Relief | |
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| Basis for Interim Measures | |
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| Enforcement of Interim Measures | |
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| Court Assistance in Obtaining Evidence | |
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| Procedural Orders | |
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| National Laws Concerning Court Assistance | |
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| Summons Issued by U.S. Arbitrators | |
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| Tribunal in the United States Seeking Evidence Outside the United States | |
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| Court Assistance in the United States to Foreign Tribunals | |
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| The Tribunal | |
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| Appointment of Arbitrators | |
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| How Many Arbitrators? | |
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| Qualifications | |
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| Knowledge and Experience | |
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| Lawyers or Nonlawyers | |
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| Professors as Arbitrators | |
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| Language Fluency | |
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| Availability | |
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| Reputation | |
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| Specifications and Requirements | |
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| Method of Selection | |
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| Three Arbitrators | |
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| The Rules | |
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| The Practice | |
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| Choosing the Party-Appointed Arbitrators (Coarbitrators) | |
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| Choosing the Presiding Arbitrator (The Chair of the Tribunal) | |
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| A Sole Arbitrator | |
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| Ad Hoc Arbitration | |
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| Interviewing Prospective Arbitrators | |
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| Obligations of Arbitrators | |
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| Independence and Impartiality | |
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| The IBA Guidelines on Conflicts of Interest | |
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| Part I: The General Standards | |
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| Part II: Practical Application of the General Standards | |
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| The 1987 IBA Rules of Ethics for Arbitrators | |
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| American Arbitration Association {AAA)-American Bar Association (ABA) Code of Ethics for Arbitrators in Commercial Disputes | |
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| Other Obligations | |
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| Challenges to the Arbitrator | |
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| Flawed Conduct of Arbitrators | |
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| Replacement of Arbitrators | |
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| Arbitrator Immunity | |
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| Costs and Fees | |
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| The Arbitral Proceedings | |
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| Beginning the Arbitration | |
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| Preliminary Matters | |
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| Written Submissions | |
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| The Hearing | |
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| Chair Can Decide Procedural Issues | |
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| Scheduling the Hearings | |
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| Place of the Heating | |
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| Language of the Hearing | |
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| Local Bar Requirements | |
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| Closed Hearings | |
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| Record of Proceedings | |
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| Technology | |
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| Time Limits per Side | |
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| Default of Appearance | |
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| Expedited Proceedings | |
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| Presenting Evidence | |
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| IBA Rules of Evidence | |
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| Burden of Proof | |
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| Documentary Evidence | |
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| Hearsay Evidence | |
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| Authentication | |
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| Document Requests | |
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| Arbitrator Discretion | |
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| Fact Witnesses | |
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| Testimony Prior to the Hearing | |
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| Witness Statements | |
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| Who Can Testify | |
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| Meeting with Witnesses | |
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| Examining Witnesses | |
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| Arbitrator Intervention | |
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| Availability of Witnesses | |
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| Compelling Witness Testimony | |
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| Expert Witnesses | |
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| Post-Hearing Proceedings | |
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| The Award | |
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| Difference in "Orders" and "Awards" | |
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| Types of Awards | |
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| Final Award | |
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| Partial and Interim Awards | |
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| Consent Award | |
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| Default Award | |
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| Validity of the Award | |
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| Formalities | |
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| Communication | |
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| Time-Limits | |
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| Concurring and Dissenting Views | |
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| Scrutiny of the Draft Award | |
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| Finality, Clarity, Scope | |
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| Remedies and Costs | |
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| Monetary Damages | |
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| Interest | |
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| Other Remedies | |
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| Costs | |
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| Res Judicata Effect of the Award | |
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| Confidentiality of the Award | |
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| Post-Award Proceedings | |
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| Attempts to Set Aside an Award | |
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| Methods of Challenge | |
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| Grounds of Challenge | |
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| Jurisdictional Challenges | |
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| Procedural Challenges | |
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| Challenges Based on the Merits | |
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| Time Limitations | |
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| Effects of a Successful Challenge | |
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| Enforcement of the Award | |
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| Application of International Conventions | |
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| Principles Governing Recognition and Enforcement | |
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| Requirements for Enforcement | |
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| Scope | |
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| Jurisdiction and Forum Non Conveniens | |
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| Procedures for Enforcement | |
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| Grounds for Nonenforcement under the Convention | |
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| Incapacity and Invalidity | |
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| Lack of Notice or Fairness | |
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| Arbitrator Acting in Excess of Authority | |
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| The Tribunal or the Procedure Is Not in Accord with the Parties' Agreement | |
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| The Award Is Not Yet Binding, or Has Been Set Aside | |
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| A Binding Award | |
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| Effect of a Vacated Award | |
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| The Article V(I)(e) Loophole | |
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| The Court's Discretion to Ignore the Article V(I)(e) Loophole | |
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| Deference to Local Law under Article VII | |
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| Enforcement of Vacated Awards | |
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| The Last Two Defenses under Article V | |
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| Subject Matter Not Arbitrable | |
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| Public Policy | |
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| Conclusion | |
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| Investment Arbitration | |
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| Growth of Foreign Investment and Investment Arbitration | |
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| Investor Protection | |
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| The Washington (ICSID) Convention | |
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| Background | |
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| ICSID Jurisdictional Requirements | |
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| Consent | |
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| Contracting State or National of Another Contracting State | |
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| Legal Disputes and Investments | |
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| Special Features of ICSID Arbitrations | |
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| Derealization | |
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| Recognition, Enforcement, and Execution | |
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| Publication of Awards | |
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| Additional Facility Rules | |
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| Bilateral Investment Treaties (BITs) | |
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| Background | |
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| Substantive Rights | |
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| Enforcing Rights under a BIT | |
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| Multilateral Investment Treaties | |
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| Investor Protection Legislation | |
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| Overlap of Treaty-Based Rights and Contract-Based Rights | |
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| The Source of the Right | |
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| Umbrella Clauses | |
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| Distinguishing Contract and Treaty Claims | |
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| Coordinating Contracts with Treaties | |
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| Appendices | |
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| The United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards {The New York Convention) (1958) | |
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| UNCITRAL Model Law on International Commercial Arbitration (original 1985 version) | |
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| Annex I: Revised Articles of the UNCITRAL Model Law on International Commercial Arbitration (2006) | |
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| Annex II: UNCITRAL Recommendation Regarding the Interpretation of Article II, Paragraph 2, and Article VII, Paragraph 1, of the New York Convention | |
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| IBA Rules on Taking Evidence in International Commercial Arbitration | |
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| IBA Rules of Ethics for International Arbitrators (1987) | |
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| IBA Guidelines on Conflicts of Interests in International Arbitration | |
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| The AAA-ABA Code of Ethics for Arbitrators in Commercial Disputes | |
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| Model Clauses | |
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| Useful Arbitration Websites | |
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| Index | |