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Contemporary Problems in International Arbitration

Edited by: Julian D.M. Lew

ISBN13: 9780898389265
ISBN: 0898389267
Published: November 1987
Publisher: Springer-Verlag Berlin Heidelberg
Country of Publication: USA
Format: Paperback
Price: £44.99



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The establishment of a School of International Arbitration was a sufficiently important occurrence to have brought to London, for its inaugural conference, most of the world's leading experts on international arbitration. The three-day Symposium on March 25-27, 1985 sought to identify and consider the It was not the aim contemporary problems affecting international arbitration. of the Symposium to develop, propose or agree solutions to these problems, but rather to discuss the issues and alternative solutions. The success of the School will be measured in the future by its contribution, through research and teaching, to the development of solutions to the difficulties and uncertainties which reduce the effectiveness of international arbitration agreements and awards and the conduct of international arbitral proceedings. This book reproduces the papers presented at the Symposium (amended and varied by several contributors). It is not considered appropriate here to comment on or analyse paper by paper the ideas presented or discussions which ensued. However, it would be appropriate to make reference to specific developments in the short period since the Symposium directly relevant to the papers reproduced and the discussions which ensued. The pertinence of the subject-matter selected becomes clear from these subsequent developments.

Contents:
1: The School of International Arbitration
1. The birth of the School of International Arbitration
2. The School of International Arbitration: aspirations and objects
3. International arbitration - teaching and research

2: The jurisdiction and authority of arbitrators
4. ICSID arbitration
5. States in the international arbitral process
6. The sources and limits of the arbitrator's powers
7. Determination of arbitrators' jurisdiction and the public policy limitations on that jurisdiction
8. The sources and limits of the arbitrator's powers in England
9. The law applicable to the merits of the dispute
10. The applicable law: general principles of law - the lex mercatoria
11. The law governing the agreement and procedure in international arbitration in England

3: International arbitration procedure
12. The extent of independence of international arbitration from the law of the situs
13. The role of national law and the national courts in England
14. The role of the courts under the UNCITRAL model law script
15. Supplementary rules governing the presentation and reception of evidence in international commercial arbitration
16. Judicial assistance for the arbitrator
17. The supervisory and adjunctive jurisdiction of American courts in arbitration cases
18. The conduct of ICC arbitration proceedings
19. The conduct of arbitration proceedings under English law
20. Finality of arbitral awards and judicial review

4: International arbitration involving states and state-entity parties
21. The strengths and weaknesses of international arbitration involving a state as a party
22. Disputes between states and foreign companies
23. The strengths and weaknesses of international arbitration involving a state as a party: practical implications
24. International arbitration between states and corporate entities: a cautionary note
25. Settlement of disputes within the framework of foreign debt rescheduling in Latin American countries
26. Arbitration with foreign states or state-controlled entities: some practical questions
27. Structuring the arbitration in advance - the arbitration clause in an international development agreement
28. Sovereign immunity and transnational arbitration
29. Sovereign immunity and arbitration
30. Enforcement of arbitral awards in Eastern Europe
31. The recognition and enforcement of foreign arbitral awards in the states of the Arab Middle East
32. So far, so good: enforcement of foreign commercial arbitration awards in United States courts
33. The enforcement of arbitral awards against a state: the problem of immunity from execution