Rémy Gerbay – författare

Key features include:

This unique and comprehensive work will be an essential resource for practising lawyers and policy-makers in the investment arbitration community. The book will also be an important reference work for researchers and academics in international investment law and international arbitration.

While thousands of cross-border disputes are successfully resolved each year through institutional arbitration, there appears to be little understanding of the functions exercised by arbitral institutions and their impact on the proceedings they administer. Much like the user of a computer may operate, with relative success, a machine which he does not fully comprehend, users of institutional arbitration have for many decades resolved their disputes successfully through institutional arbitration without fully understanding the precise nature of the functions of what is a key player in the process.

This book rectifies this paradoxical gap. It offers a clear yet nuanced overview of the diverse and complex reality of institutional arbitration, while challenging the assumptions conventionally held as to the role of arbitral institutions.

This book is the product of a systematic study of the activities performed by over forty leading international arbitration institutions worldwide in their administration of cases (including the ICC, LCIA, ICDR, SCC, SIAC, HKIAC, JAMS, CIETAC, KLRCA, DIS, DIA, NAI, CEPANI etc.). This book also examines a wealth of court decisions and bibliographical sources from the leading civil law and common law jurisdictions (e.g., France, England & Wales, the United Sates, Switzerland, Germany).

This book is invaluable to academics and practitioners interested in furthering their theoretical and practical understanding of institutional arbitration and arbitral institutions.

The London Court of International Arbitration (LCIA), the oldest of all major arbitral institutions, has, since its establishment well over a century ago, embodied the ideals that underlie the arbitral alternative and set its face against undue delay, soaring cost, complexity, and acrimony. Today, the LCIA administers cases arising under any system of law in any venue worldwide. Underscoring the institution’s international nature, and over 80% of parties in pending LCIA cases today are not of English nationality. 

This highly practical and user-friendly guide provides not only a thorough analysis of the 2020 LCIA Rules but also a comprehensive explanation of the basic principles governing LCIA arbitration, along with an in-depth analysis of complex issues that may arise in the course of LCIA proceedings. 

Among the new and revised rules affecting LCIA practice and procedure described in detail include the following: 

The twenty-six chapters of the book provide references to essential national court judgments, statutory provisions, up-to-date statistics, and bibliographical sources on LCIA arbitrations.

The 2020 LCIA Rules reflect the most sophisticated current modifications of arbitral procedure, fully aligned with the needs of current global commercial activities. For this reason, and because many companies worldwide include LCIA arbitration clauses in their agreements, this book is invaluable to business executives and corporate counsel as well as to scholars of alternative dispute resolution.