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Principles and Practice of International Commercial Arbitration

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ISBN-10: 0521866669

ISBN-13: 9780521866668

Edition: 2008

Authors: Margaret L. Moses

List price: $96.00
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Description:

The Principles and Practice of International Commercial Arbitration provides the reader with immediate access to understanding the world of international arbitration. Arbitration has become the dispute resolution method of choice in international transactions. This book explains how and why arbitration works. It provides the legal and regulatory framework for international arbitration, as well as practical strategies to follow and pitfalls to avoid. It is short and readable, but comprehensive in its coverage of the basic requirements, including the most recent changes in arbitration laws, rules, and guidelines. In the book, the author includes insights from numerous international…    
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Book details

List price: $96.00
Copyright year: 2008
Publisher: Cambridge University Press
Publication date: 3/17/2008
Binding: Hardcover
Pages: 360
Size: 6.25" wide x 9.25" long x 1.00" tall
Weight: 1.298

Margaret L. Moses is Professor of Law at Loyola University Chicago School of Law. She teaches international commercial arbitration, international business transactions, European community law, international trade finance and contracts. Professor Moses is also the Director of the International Program at Loyola and coaches the Vis Moot International Arbitration teams, which compete in Vienna and Hong Kong. She also serves as an international arbitrator.

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