... on possible multiple proceedings and abuse of procedure on BRI disputes. The ‘Possible solutions and recommendations’ section will identify possible solutions and provide recommendations. Conclusions section will draw final conclusions. Multiple proceedings abuse of right international arbitration BRI...

...Ewan McKendrick; Iain Maxwell First impressions can, however, be misleading. This is so for a number of reasons. The first reason for attaching more significance to the role of specific performance in international arbitration relates to the difference that exists between civil law systems (where...

... to decide issues governed by national contract laws differently from the way that national courts do. Moreover, they do so in ways that are predictable based on various aspects of international arbitration culture. The chapter also discusses the harmonization or unification of commercial law and describes...

...This chapter presents a case study of international arbitral decision-making in action on a discrete area of contract law. It examines the decisions of international commercial arbitrators in cases where a party has suspended performance. The chapter begins with an overview of the remedy...

... harmonization Ragan C Sato Y Taniguchi Y Tashiro K dispute processing litigation ADR international commerce international arbitration There are mixed responses with respect to the existing practice of international arbitration in Japan, in which the arbitrator virtually dictates the conciliation method...

...)? The answer depends in large part upon whether any potential dispute is to be resolved by the local courts or by international arbitration. One recent arbitration has expressed hesitation about whether — even in the face of a stabilization clause — compensation is due for a termination of contract rights...

...: International Commercial Arbitration and the Construction of a Transnational Legal Order . Chicago: University of Chicago Press, 1996 . Gaillard, Emmanuel . Legal Theory of International Arbitration . Boston: Martinus Nijhoff Publishers, 2010 . Glenn, H. Patrick...

... as it did so far. Indeed, the Convention has largely contributed to the status of international arbitration as today’s normal means of resolving commercial 596 disputes. The United Nations has also further contributed to the standardization of procedures of international commercial arbitration...

...Cultural diversity complicates understanding in international legal proceedings. However, this subject has been sadly neglected in the legal literature, which has given it only superficial attention. This chapter outlines the challenges of cultural diversity in international arbitration...

.... It underscores the importance of defining law in accordance with its political and ethical signals. The chapter ends with theoretical ruminations on transnational law and international arbitration. Carroll Lewis Fuller Lon Humpty Dumpty Law Michaels Ralf Jurisprudence Ordinariness in law Persuasion...

...To Anne-Laure Preface What is international arbitration really? Is it about law? Is it about recreating a new legal order for certain business transactions? Is it about elbowing aside the laws of states? Or is it about providing another type of services to the parties? But what is law in the rst...

...This introductory chapter sets out the book’s purpose, namely to provide a deeper understanding of the function and challenges of international arbitration. The book does not propose a comprehensive framework to analyse the structure and nature of international arbitration. Instead, it offers...

... judges The Hague international dispute resolution international arbitration disputes Hersch Lauterpacht international justice Sir Hersch Lauterpacht took his oath as a Judge of the International Court of Justice in February 1955. Then widely and rightly regarded as the world’s leading scholar...

... diplomatic protection. The chapter makes a forceful argument that arbitral tribunals should resolve a dispute based on an independent assessment of the applicable law and not uncritically follow earlier precedent. adjudicatory errors Brower Charles N international arbitration jurisdictional errors...

... for distinguishing between arbitration and dispute settlement in permanent international courts; while a ‘systemic perspective’, in this author’s view, is crucial in international courts, it has less importance in international arbitration, which is essentially a service to the parties. academic lawyers...

... international arbitral tribunals and national courts, White Industries v India gives rise to reflections similar to those generated by Chevron v Ecuador I. Here, too, on liability, the tribunal interpreted and applied an international law standard, finding the state in breach...

... between the legislative and judicial branches under the Argentine constitutional law system would be respected. A declaration of unconstitutionality by international arbitrators escaping such control would deprive the national courts of the opportunity to finally decide on the unconstitutionality issue...

...This chapter examines non-payment of cost advances by the respondent in an international arbitration. It sets out various arbitral procedural rules that deal with cost advances but do not expressly grant the tribunal power to make an award regarding non-payment of an advance. It discusses the first...

...This chapter discusses the emerging principles of the fair and equitable treatment of witnesses in international arbitration. These principles are embedded in the concepts of procedural fairness and good faith, and are fundamental to the integrity of the arbitral process as a whole. The fair...

...This chapter analyses the current state of legal argument in international arbitration. After surveying the different approaches taken due to variations in the backgrounds of both advocates and arbitrators, it observes that legal arguments usually are expounded in written submissions...