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Archive for January 2017

2 – LEGAL FRAMEWORK FOR INTERNATIONAL ARBITRATION AGREEMENTS

This chapter addresses the legal framework applicable to international arbitration agreements. First, the chapter examines the advantages and disadvantages of international arbitration, as compared with other modes of dispute resolution. Second, the chapter considers the various “jurisdictional requirements” of the New York Convention and leading national arbitration statutes (such as . . . Read more

16 – RECOGNITION AND ENFORCEMENT OF INTERNATIONAL ARBITRAL AWARDS

This chapter addresses the recognition and enforcement of international arbitral awards. First, the chapter discusses the presumptive obligation of national courts, under the New York Convention and most other international instruments and national arbitration statutes, to recognize international arbitral awards. Second, the chapter discusses the various exceptions under international and . . . Read more

15 – ANNULMENT AND REVISION OF INTERNATIONAL ARBITRAL AWARDS

This chapter examines issues relating to the finality of international arbitral awards and the mechanisms for challenging that finality, particularly annulment of awards. First, the chapter examines the presumptive finality and res judicata effects of awards under both the New York Convention and most national arbitration statutes. Second, the chapter . . . Read more

12 – CHOICE OF SUBSTANTIVE LAW IN INTERNATIONAL ARBITRATION

This chapter examines the choice of substantive law applied to the merits of the parties’ dispute in an international arbitration. The chapter first considers the choice of substantive law by international arbitrators in the absence of any agreement by the parties as to the law governing their dispute, including the . . . Read more

10 – PROVISIONAL MEASURES IN INTERNATIONAL ARBITRATION

This chapter addresses the subject of provisional or interim measures of protection (“provisional measures”),1 designed to protect parties or property during the pendency of international arbitral proceedings. Properly defined, “provisional measures” are awards or orders issued for the purpose of protecting one or both parties to a dispute from damage . . . Read more

9 – PROCEDURAL ISSUES IN INTERNATIONAL ARBITRATION

This chapter explores the procedural aspects of international arbitral proceedings in commercial, investment and inter-state settings. First, the chapter considers the choice of procedures in international arbitration, including the autonomy of parties to select procedures, the limits on that autonomy and the discretion of arbitral tribunals to establish arbitral procedures. . . . Read more

7 – SELECTION OF ARBITRAL SEAT IN INTERNATIONAL ARBITRATION

A critical issue in any international arbitration is the location of the arbitral seat (or place of arbitration). This chapter examines practical and legal issues arising in connection with the selection of the arbitral seat. First, the chapter examines the meaning and importance of the choice of the arbitral seat. . . . Read more

1 – INTRODUCTION TO INTERNATIONAL ARBITRATION

International arbitrations take place within a complex and vitally-important international legal framework. As summarized in this introductory chapter, contemporary international conventions, national arbitration legislation, and institutional arbitration rules provide a specialized and highly-supportive enforcement regime for most contemporary international commercial arbitrations and international investment arbitrations. A significantly less detailed legal . . . Read more

3 – INTERNATIONAL ARBITRATION AGREEMENTS: BASIC ISSUES

It is elementary that international arbitration is consensual: without an agreement to arbitrate, of some sort, there can be no arbitration.1 At the same time, the terms of the parties’ arbitration agreement play a central role in defining the character of any arbitration, including the arbitral proceedings, and in producing . . . Read more