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The Leading Arbitrators' Guide to International Arbitration 4th ed


ISBN13: 9781944825782
Previous Edition ISBN: 9781937518332
To be Published: April 2025
Publisher: Juris Publishing
Country of Publication: USA
Format: Hardback
Price: POA



The Leading Arbitrators' Guide to International Arbitration - Fourth Edition continues to offer thoughtful advice and insights into the world of international arbitration from some of the most prominent and experienced international arbitrators in the world. The contributors are arbitrators from Australia, Belgium, Canada, Chile, Denmark, England, France, Germany, Italy, The Netherlands, Italy, Spain, Sweden, Switzerland and the USA.

Contributors offer insights and advice on the way in which international arbitrations are carried out from the point of view of arbitrators reading pleadings and memorials and listening to witnesses and hearing arguments. The authors' discussions are intended to be thoughtful, insightful and useful - and perhaps, occasionally, iconoclastic. As a result, there may be instances in which the authors disagree with one another on certain points. This is to be expected for there are often many routes that can be taken to achieve a result.

For this Fourth Edition, several additional arbitrators have brought fresh perspectives to topics covered by former authors: Patricia Peterson has joined Robert Davidson to discuss “Settlement Facilitation and the Use of ADR in International Arbitration” (Chapter 2), James Carter has addressed “The Role of the Chairman” (Chapter 7), Lawrence Schaner has written on “The Tribunal’s Appointment” (Chapter 10), John Beechey and Niccolo Landi have considered “The Party-appointed Arbitrator” (Chapter 15), and Rocio Digon and Anna Yamaoka-Enkerlin have drafted the chapter on “Witness Statements: Use and Abuse” (Chapter 26).

As international arbitration adapts to new challenges, also included are new chapters on topics of current interest, including Chiann Bao’s chapter on “Technology and Arbitration” (Chapter 9), John Townsend’s on “Expedited Arbitration” (Chapter 12), Stephanie Cohen’s on “Non-participating Parties” (Chapter 16) and Laurent Levy’s on “Artificial Intelligence and Arbitration” (Chapter 35). All other chapters have been updated by their original authors.

The book will be useful not only to persons who may serve as arbitrators in international arbitral proceedings but also to those who may, in their position as advocates, wish to persuade persons -- including, perhaps, the authors.

Subjects:
Arbitration and Alternative Dispute Resolution
Contents:
PREFACE TO THE FOURTH EDITION
PREFACE TO THE THIRD EDITION
PREFACE TO THE SECOND EDITION
PREFACE TO THE FIRST EDITION
ABOUT THE EDITORS
ABOUT THE CONTRIBUTORS

Perspectives on International Arbitration
Chapter 1 - INTERFERENCE BY NATIONAL COURTS
Jan Paulsson
Chapter 2 - SETTLEMENT FACILITATION AND THE USE OF ADR IN INTERNATIONAL ARBITRATION
Robert B. Davidson and Patricia Peterson
Chapter 3 - CONFIDENTIALITY
Michael Pryles
Chapter 4 - THE ETHICS OF INTERNATIONAL ARBITRATORS
Catherine A. Rogers and Jeffrey C. Jeng
Chapter 5 - THIRD PARTY FUNDING OF INTERNATIONAL ARBITRATIONS
Stephen Jagusch and Rayhan Langdana
Chapter 6 - REAL AND FEARED ARBITRATOR CONFLICTS OF INTEREST
Mauro Rubino-Sammartano
Chapter 7 - THE ROLE OF THE CHAIRMAN
James H. Carter
Chapter 8 - INTERNATIONAL ARBITRATION FROM THE PERSPECTIVE OF CORPORATE COUNSEL
Richard D. Hill
Chapter 9 - TECHNOLOGY AS PERFORMANCE ENHANCERS FOR ARBITRATORS: ILLUSION OR REALITY?
Chiann Bao

The Arbitral Proceeding
Chapter 10 - THE TRIBUNAL’S APPOINTMENT
Lawrence Schaner
Chapter 11 - EMERGENCY ARBITRATION
Grant Hanessian
Chapter 12 - EXPEDITED ARBITRATION
John M. Townsend
Chapter 13 - THE ORGANIZATIONAL MEETING
Klaus Reichert
Chapter 14 - ORGANIZING AN INTERNATIONAL ARBITRATION: PRACTICE POINTERS
Albert Jan van den Berg
Chapter 15 - PARTY-APPOINTED ARBITRATOR
John Beechey and Niccolò Landi
Chapter 16 - GHOSTED: AN ARBITATOR’S GUIDE TO DEALING WITH NON-PARTICIPATING PARTIES
Stephanie Cohen
Chapter 17 - CONTROLLING TIME AND COSTS IN ARBITRATION
Christopher Newmark
Chapter 18 - OBJECTIONS TO JURISDICTION
Alexander G. Leventhal
Chapter 19 - THE ROLE OF THE SECRETARY TO THE ARBITRAL TRIBUNAL
Pierre Tercier
Chapter 20 - DETERMINING THE EXTENT OF DISCOVERY AND DEALING WITH REQUESTS FOR DISCOVERY: PERSPECTIVES FROM THE COMMON LAW
Charles N. Brower and Jeremy K. Sharpe

Hearings and Witnesses
Chapter 21 - THE CONDUCT OF THE HEARINGS
Bernard Hanotiau
Chapter 22 - ADVOCACY IN INTERNATIONAL ARBITRATION
C. Mark Baker
Chapter 23 - CROSS-EXAMINATION IN INTERNATIONAL ARBITRATION—OPPORTUNITIES AND CHALLENGES
Lawrence W. Newman
Chapter 24 - WITNESS CONFERENCING
Hilmar Raeschke-Kessler
Chapter 25 - NON-SIGNATORIES AND INTERNATIONAL ARBITRATION
William W. Park
Chapter 26 - WITNESS STATEMENTS: USE AND ABUSE
Rocío Digón and Anna Yamaoka-Enkerlin

Arbitration, Awards and Post-Hearing Matters
Chapter 27 - IS THERE A LIFE AFTER THE AWARD?
Alexis Mourre
Chapter 28 - THE ARBITRAL AWARD
Bernardo M. Cremades
Chapter 29 - THE TRIBUNAL’S DELIBERATIONS
L. Yves Fortier
Chapter 30 - ASSESSING EXPERT EVIDENCE
Sophie Nappert and Fabricio Fortese
Chapter 31 - ACCESSING DAMAGES IN INTERNATIONAL ARBITRATION: PRACTICAL CONSIDERATIONS
Hilary Heilbron
Chapter 32 - THE DYNAMICS OF DELIBERATION MEETINGS AND DISSENTING OPINIONS
Ugo Draetta

Other Disputes
Chapter 33 - ARBITRATION INVOLVING STATES
Kaj Hobér
Chapter 34 - ARBITRATING INTERNATIONAL CONSTRUCTION DISPUTES
John Uff and Alexander Uff
Chapter 35 - THE USE OF ARTIFICIAL INTELLIGENCE: AN ARBITRATOR’S PERSPECTIVE
Laurent Levy and Ksenia Panerai