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International Arbitration in England: Perspectives in Times of Change


ISBN13: 9789403522210
Published: July 2022
Publisher: Kluwer Law International
Country of Publication: Netherlands
Format: Hardback
Price: £160.00



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International Arbitration in England: Perspectives in Times of Change, authored by a diverse range of practitioners, is a unique book charting a detailed consideration of the challenges and opportunities for the future of international arbitration in England. Over the past few years, the case law, practice and legal environment in which international arbitration in England is practised have all evolved and adapted to a changing world and continue to do so.

What’s in this book:

The choice of topics reflects and probe preoccupations of our times, including the following areas of arbitral practice:

  • virtual hearings
  • diversity in international arbitration
  • climate change arbitration
  • ‘green arbitration’ practices
  • challenges to arbitrators, with particular attention to the Supreme Court’s findings in Halliburton v. Chubb
  • developing jurisprudence regarding enjoining foreign states in English proceedings
  • recovery of in-house costs in English-seated international arbitrations
  • overlapping sanctions regimes and their application to arbitral disputes in England, and
  • the role and future of third-party funding

    This book was written during the COVID-19 pandemic which is reflected in the procedural issues which form the focus of some chapters reminding us that when it comes, change can come quickly. Consequently, the deeply informed insights in this volume, intended as they are to ensure the continued evolution and success of international arbitration in England, will be greatly appreciated by any practitioner making submissions before an arbitral tribunal. Jurists, academics and students will obtain invaluable perspectives on the future trajectory of the field.

Subjects:
Arbitration and Alternative Dispute Resolution
Contents:
Preface
CHAPTER 1 International Arbitration in England: Quiet Evolution or Transformation?
Greg Fullelove & Mark Wassouf
CHAPTER 2 Opening Our Eyes to Stereotypes: An Argument Against Gender-Blind Arbitral Appointments
Jessica Foley
CHAPTER 3 Ethnic Diversity in Arbitration: Bridging the Gap in England and Beyond
Laila Hamzi
CHAPTER 4 Resisting Transparency, Retaining Confidentiality, and Restraining International Commercial Arbitration’s Imperialist Ambitions
Harris Bor
CHAPTER 5 The Source of Ethical Obligations of Arbitrators in Commercial Arbitration: The Effectiveness of the Rules-Based System and a Role for Consequential Ethics
Hannah Ambrose
CHAPTER 6 Challenges to Arbitrators: Apparent Bias and Non-disclosure in Arbitration
Robert Price & Charles Rae
CHAPTER 7 Counsel Ethics in International Arbitration in England: Navigating No-Man’s Land
Guled Yusuf & Karolina Latasz
CHAPTER 8 Efficiency in International Commercial Arbitration in England: Three Innovations for Future Proceedings
Gaurav Sharma & Chantal du Toit
CHAPTER 9 Summary Dismissal
Leilah Bruton
CHAPTER 10 A Vision of Document Production in Arbitration in England
Sachin Trikha
CHAPTER 11 The Chartered Institute of Arbitrators and Membership Organisations: Future Vision
Ben Giaretta
CHAPTER 12 The Economics of International Arbitration and Third-Party Funding: What It Is, What It Might Be, and What It Should Be
Elizabeth Montpetit
CHAPTER 13 Recovery of In-House Costs in Arbitration
Lucy Martinez & Elizabeth Chan
CHAPTER 14 Sanctions and Arbitration: The Impact of Sanctions on English Law-Governed Contracts and English-Seated Arbitrations
Tom Cornell
CHAPTER 15 Enjoining Foreign States: Questions of Origin and Rationale
Lucas Bastin
CHAPTER 16 ‘But at the Length Truth Will Out’: Witness Evidence in International Arbitration: Developments and Future Trends
Roman Khodykin & Siobhan Abraham
CHAPTER 17 An Expert’s Odyssey: The Future of Expert Evidence in English-Seated Arbitrations
Laetitia Souesme
CHAPTER 18 The New Frontier: Arbitration of Climate Change Disputes
Natalie Sheehan & Anna Brennan
CHAPTER 19 The Reform of the Arbitration Act 1996
Julio-César Betancourt
CHAPTER 20 Brief Observations on the Latest Evolution of Arbitration in England: The Digital Dispute Resolution Rules
Daniel Harrison & Katie Bewlock
CHAPTER 21 The Last Word: Brexit
Greg Fullelove & Mark Wassouf
Index