Pervasive problems in international arbitration /
副标题：无
作 者：edited by Loukas A. Mistelis and Julian D.M. Lew.
分类号：
ISBN：9789041124500
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简介
In a three-day symposium held at the School of International Arbitration, Centre for Commercial Law Studies (CCLS), Queen Mary University of London, on the occasion of its twentieth anniversary in April 2005, a stellar array of practitioners and academics undertook the task of taking a fresh look at some of the persistent legal and practice issues of international arbitration. The conference and this book derived from it illustrate the combination of the scholarly and the highly practical which has characterised the mission of the School of International Arbitration since its establishment in 1985.
These insightful papers demonstrate not only the increasing breadth and scope of the subject, but also the way in which many of its themes and issues cross legal and disciplinary boundaries and pose questions for the future of the law and arbitration practice in an internationalised world. These include:
? public policy;
? mandatory rules;
? confidentiality;
? provisional measures;
? res judicata;
? costs;
? amicus briefs;
? groups of companies;
? parallel proceedings; and
? anti-suit injunctions.
目录
Introduction : fundamental problems in international arbitration p. 1
Mitsubishi after twenty years : mandatory rules before courts and international arbitrators p. 11
Effect of international public policy in international arbitration p. 61
Determination and application of relevant national and international law and rules p. 71
The transparency of international arbitration : process and substance p. 89
Time and money : cost control and effective case management p. 103
Autonomy of international arbitration process p. 119
The procedural soft law of international arbitration : non-governmental instruments p. 141
The role of national courts and Lex Fori in international commercial arbitration p. 155
Provisional measures p. 185
Reflections on the use of anti-suit injunctions in international arbitration p. 201
Investment arbitration and commercial arbitration (or the tale of the dolphin and the shark) p. 217
Jurisdiction challenges in BIT arbitrations - do you read a BIT by reading a BIT or by reading into a BIT? p. 235
Interpretation of treaties : how do arbitral tribunals interpret dispute settlement provisions embodied in investment treaties? p. 257
Groups of companies in international arbitration p. 279
The impact of third parties on international arbitration - issues of assignment p. 291
The amicus role in international arbitration p. 321
Parallel proceedings, Res Judicata and Lis Pendens : problems and possible solutions p. 329
Arbitration and insolvency proceedings - selected problems p. 357
Mitsubishi after twenty years : mandatory rules before courts and international arbitrators p. 11
Effect of international public policy in international arbitration p. 61
Determination and application of relevant national and international law and rules p. 71
The transparency of international arbitration : process and substance p. 89
Time and money : cost control and effective case management p. 103
Autonomy of international arbitration process p. 119
The procedural soft law of international arbitration : non-governmental instruments p. 141
The role of national courts and Lex Fori in international commercial arbitration p. 155
Provisional measures p. 185
Reflections on the use of anti-suit injunctions in international arbitration p. 201
Investment arbitration and commercial arbitration (or the tale of the dolphin and the shark) p. 217
Jurisdiction challenges in BIT arbitrations - do you read a BIT by reading a BIT or by reading into a BIT? p. 235
Interpretation of treaties : how do arbitral tribunals interpret dispute settlement provisions embodied in investment treaties? p. 257
Groups of companies in international arbitration p. 279
The impact of third parties on international arbitration - issues of assignment p. 291
The amicus role in international arbitration p. 321
Parallel proceedings, Res Judicata and Lis Pendens : problems and possible solutions p. 329
Arbitration and insolvency proceedings - selected problems p. 357
Pervasive problems in international arbitration /
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