Friedrich Rosenfeld – författare

Combining insight from arbitration practice with perspectives from private international law, the book underlines the importance of the Convention’s foundation in a treaty of international law, arguing that this entails a requirement to interpret the key concepts it sets forth based on international law rules of interpretation. However, it also demonstrates where municipal laws are relevant and discusses the private international law principles through which these instances can be identified.

Addressing one of the core treaties of international arbitration, this will be crucial reading for legal practitioners and judges working in the field. It will also prove valuable to scholars and students of commercial and private international law, particularly those focused on cross-border disputes and arbitration.

The Encyclopedia covers the New York Convention, the UNCITRAL Model Law on International Commercial Arbitration and the IBA Guidelines on conflicts of interest, party representation, and the taking of evidence. Entries also discuss alternative methods of dispute resolution, such as mediation, all stages of arbitration proceedings, including the various post-award stages, among many other fundamental matters of commercial arbitration.

Examining relevant case law from major arbitration hubs, this Encyclopedia is a valuable resource for students and scholars in arbitration and dispute resolution, commercial law, comparative law, and public international law. It is also an important reference for legal practitioners and professionals including arbitrators, attorneys, judges, and tribunal secretaries.

Key Features:

Combining perspectives from both practice and academia, Franco Ferrari, Friedrich Rosenfeld and Consultant Editor John Fellas examine all the key points of international commercial arbitration. After introductory remarks on the applicable normative framework, the book covers arbitration agreements and their enforcement, the initiation of proceedings and the constitution of the tribunal, the taking of evidence, issues arising in complex arbitrations, as well as the award and the post-award regime.

Scholars and students of international commercial arbitration across the globe will find this book invaluable for its comparative analysis. It will also be most useful for arbitration practitioners and judges interested in learning how jurisdictions differ in their approaches to arbitration proceedings.

In international arbitration, deference entails that one decision-maker does not make an autonomous assessment but limits its decision-making power out of respect for the decision or authority of another actor. For example, a court exercising post-award review might refrain from reviewing a question of procedure de novo but instead defer to a prior determination made by the arbitral tribunal. In this book, prominent arbitration practitioners and academics offer the first systematic analysis of such deference in international arbitration.

 With abundant reference to case law from major arbitration hubs, the analysis is organized around the three relationships in which questions of deference arise:

public-private relationships in which a State actor (e.g., a court) must decide whether it should pay deference to determinations made by a private actor (e.g., a tribunal or an arbitral institution);

public-public relationships in which a State actor (e.g., a court at the place of recognition and enforcement) must decide whether it should pay deference to another State actor (e.g., a court at the seat); and

private-private relationships in which a private actor (e.g., an arbitral tribunal) must decide whether it should pay deference to another private actor (e.g., another arbitral tribunal or an arbitral institution).

The book makes an important contribution to tracing the boundaries of the multiple layers of control over arbitration proceedings. It takes a giant step towards establishing the right equilibrium between the different layers of authority and thus meeting a pivotal challenge for the viability of arbitration as a form of dispute resolution.

In international arbitration, deference entails that one decision-maker does not make an autonomous assessment but limits its decision-making power out of respect for the decision or authority of another actor. For example, a court exercising post-award review might refrain from reviewing a question of procedure de novo but instead defer to a prior determination made by the arbitral tribunal. In this book, prominent arbitration practitioners and academics offer the first systematic analysis of such deference in international arbitration.

 With abundant reference to case law from major arbitration hubs, the analysis is organized around the three relationships in which questions of deference arise:

public-private relationships in which a State actor (e.g., a court) must decide whether it should pay deference to determinations made by a private actor (e.g., a tribunal or an arbitral institution);

public-public relationships in which a State actor (e.g., a court at the place of recognition and enforcement) must decide whether it should pay deference to another State actor (e.g., a court at the seat); and

private-private relationships in which a private actor (e.g., an arbitral tribunal) must decide whether it should pay deference to another private actor (e.g., another arbitral tribunal or an arbitral institution).

The book makes an important contribution to tracing the boundaries of the multiple layers of control over arbitration proceedings. It takes a giant step towards establishing the right equilibrium between the different layers of authority and thus meeting a pivotal challenge for the viability of arbitration as a form of dispute resolution.

The absence of a coherent body of case law on due process has increasingly motivated recalcitrant parties to use due process as a strategic tool, thereby putting at risk the prospect of obtaining an enforceable award in expeditious proceedings. Countering this inherent danger, here for the first time is a comprehensive study on due process as a limit to arbitral discretion, showing how due process applies in practice in key jurisdictions around the world.

Based on country reports prepared by leading arbitration practitioners and academics, the book explores how courts in major arbitration jurisdictions apply due process guarantees when performing their post-award review. The contributors, driven by an interest in exploring the interplay between due process and efficiency, focus on those due process guarantees that set limits to arbitral discretion. Matters covered include the following:

An introductory general report thoroughly analyses the normative basis of due process and its interplay with party autonomy, as well as applicable standards of review and commonalities among manifestations of due process across jurisdictions.

A signal contribution to the debate regarding the so-called due process paranoia affecting arbitral tribunals – a topic relevant in every single arbitration proceeding – this book provides practical guidelines on how to maintain the balance between due process and efficiency and how to apply due process and counteract its misuse in arbitration proceedings. It will be welcomed by counsel, arbitrators, and judges from all countries, as well as by academics and researchers concerned with international commercial arbitration.

The absence of a coherent body of case law on due process has increasingly motivated recalcitrant parties to use due process as a strategic tool, thereby putting at risk the prospect of obtaining an enforceable award in expeditious proceedings. Countering this inherent danger, here for the first time is a comprehensive study on due process as a limit to arbitral discretion, showing how due process applies in practice in key jurisdictions around the world.

Based on country reports prepared by leading arbitration practitioners and academics, the book explores how courts in major arbitration jurisdictions apply due process guarantees when performing their post-award review. The contributors, driven by an interest in exploring the interplay between due process and efficiency, focus on those due process guarantees that set limits to arbitral discretion. Matters covered include the following:

An introductory general report thoroughly analyses the normative basis of due process and its interplay with party autonomy, as well as applicable standards of review and commonalities among manifestations of due process across jurisdictions.

A signal contribution to the debate regarding the so-called due process paranoia affecting arbitral tribunals – a topic relevant in every single arbitration proceeding – this book provides practical guidelines on how to maintain the balance between due process and efficiency and how to apply due process and counteract its misuse in arbitration proceedings. It will be welcomed by counsel, arbitrators, and judges from all countries, as well as by academics and researchers concerned with international commercial arbitration.

International Arbitration Law Library # 61

The 1958 New York Convention is universally acclaimed as one of the most important instruments on international commercial arbitration. Although the Convention ensures that contracting States cannot justify failure to comply with their treaty obligations by reference to domestic law, the courts of different contracting States apply the Convention differently. This diverging case law arises from uncertainty as to whether certain concepts employed in the Convention must be construed autonomously or in light of domestic law. This incomparable analysis of the New York Convention as an instrument of uniform law presents insightful contributions by some of the world’s most distinguished academics and practitioners in the field of arbitration and is sure to significantly contribute to arbitral practice and jurisprudence in the Convention’s more than 160 contracting States.

With extensive reference to case law from major arbitration hubs, the contributors examine the Convention with the aim of identifying the boundaries between autonomous and domestic concepts. Key elements covered include the following:

The first and only resource of its kind, this book provides an invaluable clarification of the extent to which the Convention leaves room for the application of domestic law and, if so, how to determine which particular domestic law may be applicable. It will be welcomed by counsel, judges, arbitrators, and academics throughout the States that have signed the New York Convention.

International Arbitration Law Library # 61

The 1958 New York Convention is universally acclaimed as one of the most important instruments on international commercial arbitration. Although the Convention ensures that contracting States cannot justify failure to comply with their treaty obligations by reference to domestic law, the courts of different contracting States apply the Convention differently. This diverging case law arises from uncertainty as to whether certain concepts employed in the Convention must be construed autonomously or in light of domestic law. This incomparable analysis of the New York Convention as an instrument of uniform law presents insightful contributions by some of the world’s most distinguished academics and practitioners in the field of arbitration and is sure to significantly contribute to arbitral practice and jurisprudence in the Convention’s more than 160 contracting States.

With extensive reference to case law from major arbitration hubs, the contributors examine the Convention with the aim of identifying the boundaries between autonomous and domestic concepts. Key elements covered include the following:

The first and only resource of its kind, this book provides an invaluable clarification of the extent to which the Convention leaves room for the application of domestic law and, if so, how to determine which particular domestic law may be applicable. It will be welcomed by counsel, judges, arbitrators, and academics throughout the States that have signed the New York Convention.

In arbitration, evidence provides the basis for almost every decision, be it procedural, jurisdictional, or substantive. However, users from different legal traditions may not share the same understanding as to how an arbitral tribunal ought to proceed in this regard. Therefore, it is important for lawyers to know how to collect, develop, and present evidence in arbitration proceedings, not only from a legal perspective but also from a cultural point of view. It is against this backdrop that the editors have invited a diverse group of distinguished arbitration practitioners and academics to contribute to this matchless Handbook of Evidence in International Commercial Arbitration.

Key concepts and issues related to evidence in arbitration covered include the following:

the normative framework on evidence in arbitration proceedings;

the burden and standard of proof;

means of evidence, including documents, experts, and witnesses;

questions of admissibility, including issues of privilege and confidentiality;

the assessment of evidence and its probative value;

court assistance and sanctions.

With its systematic analysis of the key concepts of evidence, holistic discussion of the applicable normative framework, cross-cultural perspectives on the taking of evidence in arbitration, and reference to case law from major arbitration hubs, this book will become an undisputed point of reference for academics and practitioners alike.

Critical acclaim:

“This handbook elegantly captures the range of issues that arises regarding evidence in international arbitration. Bringing together the foremost experts in the field, each contribution offers a thoughtful analysis on these issues and the compilation deserves a prominent spot in every practitioner’s arbitral library.”

Chiann Bao, Independent Arbitrator (Arbitration Chambers) and Vice President of the ICC Court of Arbitration

“This publication well deserves recognition as a landmark handbook on evidence in international commercial arbitration. It comprehensively discusses the whole evidentiary process from its foundations taking a comparative and harmonizing perspective as well as the burden and standards of proof to the various evidentiary means up to the assessment of evidence. Written by leading academics and practitioners from all over the world, it will be a safe haven for anyone facing discrete evidentiary issues and looking for answers to fundamental or actual questions including as to privileges, confidentiality, virtual hearings or data protection.”

Professor Filip De Ly, Chair of the ILA International Commercial Arbitration Committee

In arbitration, evidence provides the basis for almost every decision, be it procedural, jurisdictional, or substantive. However, users from different legal traditions may not share the same understanding as to how an arbitral tribunal ought to proceed in this regard. Therefore, it is important for lawyers to know how to collect, develop, and present evidence in arbitration proceedings, not only from a legal perspective but also from a cultural point of view. It is against this backdrop that the editors have invited a diverse group of distinguished arbitration practitioners and academics to contribute to this matchless Handbook of Evidence in International Commercial Arbitration.

Key concepts and issues related to evidence in arbitration covered include the following:

the normative framework on evidence in arbitration proceedings;

the burden and standard of proof;

means of evidence, including documents, experts, and witnesses;

questions of admissibility, including issues of privilege and confidentiality;

the assessment of evidence and its probative value;

court assistance and sanctions.

With its systematic analysis of the key concepts of evidence, holistic discussion of the applicable normative framework, cross-cultural perspectives on the taking of evidence in arbitration, and reference to case law from major arbitration hubs, this book will become an undisputed point of reference for academics and practitioners alike.

Critical acclaim:

“This handbook elegantly captures the range of issues that arises regarding evidence in international arbitration. Bringing together the foremost experts in the field, each contribution offers a thoughtful analysis on these issues and the compilation deserves a prominent spot in every practitioner’s arbitral library.”

Chiann Bao, Independent Arbitrator (Arbitration Chambers) and Vice President of the ICC Court of Arbitration

“This publication well deserves recognition as a landmark handbook on evidence in international commercial arbitration. It comprehensively discusses the whole evidentiary process from its foundations taking a comparative and harmonizing perspective as well as the burden and standards of proof to the various evidentiary means up to the assessment of evidence. Written by leading academics and practitioners from all over the world, it will be a safe haven for anyone facing discrete evidentiary issues and looking for answers to fundamental or actual questions including as to privileges, confidentiality, virtual hearings or data protection.”

Professor Filip De Ly, Chair of the ILA International Commercial Arbitration Committee