Defining Issues in International Arbitration: Celebrating 100 Years of the Chartered Institute of…

Hardcover | June 11, 2016

EditorJulio Cesar Betancourt

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Defining Issues in International Arbitration: Celebrating 100 Years of the Chartered Institute of Arbitrators brings together world-renowned international arbitration specialists - both practitioners and academics - who have never before appeared in the same volume.This book contains an invaluable collection of essays that provide expert guidance on some of the most recent developments and current issues in this burgeoning discipline, ranging from Professor William Park's hands-on explanation of international arbitration law to Professor Martin Hunter'srecollections of past events and reflections on future trends. In between are essays by some of the most distinguished international arbitration practitioners and world-renowned academics that provide guidance on a broad spectrum of defining issues in the field.The volume is intended to commemorate the 100th anniversary of the Chartered Institute of Arbitrators - the first learned society in the world devoted to the teaching of arbitration.

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Defining Issues in International Arbitration: Celebrating 100 Years of the Chartered Institute of Arbitrators brings together world-renowned international arbitration specialists - both practitioners and academics - who have never before appeared in the same volume.This book contains an invaluable collection of essays that provide expe...

Julio Cesar Betancourt was admitted to the practice of law in 2001. He obtained his Master's in International Business Law from University College London, specializing in Alternative Dispute Resolution, Dispute Resolution and Conflict Management, and International Arbitration. Julio Cesar is the Chartered Institute of Arbitrators' Head...

other books by Julio Cesar Betancourt

Format:HardcoverDimensions:512 pages, 9.69 × 6.73 × 0.01 inPublished:June 11, 2016Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198783205

ISBN - 13:9780198783206

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Table of Contents

Julio Cesar Betancourt: The Chartered Institute of Arbitrators (1915-2015)I. International Arbitration Law, Arbitral Jurisdiction, and Arbitral Institutions1. William W Park: Explaining arbitration law2. Karl-Heinz Bockstiegel: Experiences and suggestions regarding the functioning of international arbitration institutions3. V V Veeder: The 2014 new LCIA rules: An introductory explanationII. Understanding the Users of International Arbitration4. Peter J Rees: Putting the client first5. Mauro Rubino-Sammartano: How easy is it not to take adequate care of the proper expectations of the parties?III. International Arbitration Agreements: Issues and Perspectives6. Lord Saville: Some reflections on the making of international arbitration agreements for the resolution of commercial disputes7. John J Barcelo III: Arbitrability decisions before, during, and after arbitration8. Neil Kaplan and Olga Boltenko: The dangers of neglect: Governing law of arbitration agreements9. Renato Nazzini: The law governing the arbitration agreement: A transnational solution?10. Michael Young: Identifying the language of an arbitration when the arbitration clause is silentIV. Arbitral Procedure and Procedural Misdemeanour11. Hilary Heilbron: Is international arbitration becoming too confrontational and counterintuitive? And some guidelines as to how not to irritate a tribunal!12. Elizabeth Snodgrass: Procedural efficiency in international commercial arbitration: Building it into the process13. Lord Hacking and Sophia Berry: Ethics in arbitration: Party and arbitral misconductV. Emergency Arbitrators and Interim Relief14. Doug Jones: Emergency arbitrators and court-ordered interim measures: Is the choice important?15. Grant Hanessian: Legal standards applicable to deciding applications for interim reliefVI. Discovery and Document Production16. Alexander Yanos: Discovery in arbitration: Can parties use 28 USC SC 1782 to circumvent the process ordered by the arbitral tribunal?17. Mark McNeill and Margaret Clare Ryan: Meeting the requirements of article 3(3) of the IBA rules: Recommendations for successful requests for document productionVII. Witnesses and Perjury18. Lawrence W Newman: Cross-examination of fact witness statements in international arbitration19. Bernardo M Cremades: The expert witness in international arbitration20. Audley Sheppard: Oaths and perjuryVIII. Arbitrators' Decision-Making Power and Arbitral Tribunals' Cessation of Functions21. Margaret L Moses: Inherent and implied powers of arbitrators22. Sebastien Besson: Good (and bad) initiatives of arbitrators: Where to draw the line between activism and passivity?23. Thomas Schultz and Robert Kovacs: The law is what the arbitrator had for breakfast: How income, reputation, justice, and reprimand act as determinants of arbitrator behaviour24. Greg Fullelove: Functus officio?IX. Costs, Funding, and Ideas for Optimization25. Michael O'Reilly: The harmonization of costs practices in international arbitration: The search for the Holy Grail26. Joe Tirado, Daniel Meagher, and Arpan Gupta: The costs and funding of international arbitration27. Marie Berard: 'Other costs' in international arbitration: A review of the recoverability of internal and third-party funding costs28. Jeffrey Waincymer: Optimizing the use of mediation in international arbitration: A cost-benefit analysis of 'two hat' versus 'two people' modelsX. Judicial Review, Judicial Performance, and Enforcement29. Sir Bernard Rix: Judicial review of the merits of arbitration awards under English law30. S I Strong: Improving judicial performance in matters involving international arbitration31. Alex Mills: The principled English ambivalence to law and dispute resolution beyond the stateXI. Public Policy and Abuse of Process32. Stavros Brekoulakis: Public policy rules in English arbitration law33. David J Sandy: The role of abuse of process in protecting the integrity of arbitration awardsXII. International Arbitration: Myths and Perspectives34. Gordon Blanke: Arbitration in the UAE: Demystifying the mythsXIII. Dispute Resolution in the Construction Industry35. Thomas J Stipanowich: Managing construction conflict: Unfinished revolution, continuing evolution36. Andrew Tweeddale and Keren Tweeddale: Shifting the burden of proof: Revisiting adjudication decisionsXIV. Final Reflections and Looking Ahead37. Martin Hunter: Recollections of past events and reflections on future trends

Editorial Reviews

"The Chartered Institute of Arbitrators celebrates its 100th anniversary with a book that is a tribute to the great contribution that it has made to the progress and development of international dispute resolution in a time of renewed challenges. Defining Issues in International Arbitrationprovides a fascinating perspective on the contemporary issues facing arbitration and is an extremely valuable source of inspiration on how they should be addressed. Any practitioner or scholar should read it." --Alexis Mourre, President, ICC International Court of Arbitration