Loukas A Mistelis – författare

In an increasingly competitive market for information on international arbitration, the updated and expanded second edition of Concise International Arbitration stands out as a short, direct guide of manageable size that focuses on answering the essential questions that inevitably arise. The reality of international arbitration practice is that practitioners often work in an array of jurisdictions, under differing rules and different conventions. Therefore, rather than focusing on the rules of a particular institution, a particular country, or a particular convention, the article-by-article commentary in Concise International Arbitration offers the reader a swift understanding of all provisions of the leading arbitration instruments.

International arbitration is the preferred method for the settlement of international business disputes. As a private, autonomous and international dispute resolution mechanism arbitration has become independent from national laws in practice.

This new and comprehensive treatise addresses all significant issues pertaining to international arbitration. The perspective is international and comparative and reference is made to all major international treaties and instruments, arbitration rules and national laws.

The authors trace the realities of international arbitration practice, i.e. what parties and arbitrators do, how arbitration is conducted, and the principles pertaining to the arbitration agreement, the formation, role and functions of the arbitration tribunal, and the importance and effect of the arbitration award. These are illustrated by published awards, international instruments and arbitration rules, and national court decisions recognising and giving effect to these autonomous international arbitration practices.

At every stage of the arbitration process there remains a conceptual legal conflict between the inherent international and autonomous character of arbitration and the national laws of the parties, the place of arbitration, and the place where the award is to be enforced. These issues are reviewed with particular reference to national constitutional and regulatory systems, the effect of mandatory laws of connected states, and European and international law including international human rights instruments. The book describes participation in international arbitration of states and state entities, and the interaction between commercial and investment arbitrations.

No two international arbitrations are the same. This book analyses the various structures, practical arrangements, procedures and legal implications for arbitrations wherever the arbitration takes place. It also provides a guide for lawyers involved in the international arbitration process whatever the nationality of the parties and the composition of the tribunal. The book is an indispensable tool for practising and academic lawyers concerned with international trade law, international litigation and commercial arbitration. It is also an essential guide for those seeking to understand a particular issue in international arbitration.

Since its establishment in 1986, the annual “Freshfields Arbitration Lecture” (as it has come to be known) has given both practitioners and academics a unique and extraordinary opportunity to explore new insights and frontiers in the theory and practice of international arbitration. Hosted by the School of International Arbitration, Queen Mary University of London, each lecture provides an eminent figure in international arbitration a platform on which to investigate problems of interest on aspects and trends in the field.

Bringing together all the published (and some unpublished) lectures in this important series, this valuable book confirms the interaction between theory and practice that the School has pursued since its inauguration, and provides in addition a remarkable testament of the School’s policy of ensuring a comparative and international approach to international arbitration research and study.

Twenty-one leading academics and practitioners explore the issues of States and state enterprises in arbitration, including the following topics:

The book also includes substantial coverage of such fundamental and more recent themes as default procedural rules, autonomy of the arbitration process, regulation of arbitration in national laws, validity of arbitral awards, and dissenting opinions. Several of the lectures have been augmented with updates and endnotes, and an in-depth introduction supplies a welcome overview.

With contributions by some of today’s leading academics and practitioners in the field, this book will be of great interest to arbitration lawyers, international lawyers, and business people, as well as to academics, law libraries, and students of dispute resolution.