Yves Derains – författare

Key Features:

The Conduct of International Arbitration Proceedings is an essential resource for anyone involved in arbitration proceedings, including specialist arbitrators, arbitral institutions and the legal teams (in-house and external counsel) of the parties to the arbitration.

“An arbitration is only as good as the arbitrator”. This frequently used maxim acts as an invitation to use arbitration but also as a scarecrow warning users off arbitration.

Disputing parties are of course free to choose their arbitration tribunal, which allows them to begin an arbitration with a certain tranquillity. Once the arbitration has begun, should the parties become concerned if the arbitrators’ qualities do not meet their expectations? Unlike court judgments, arbitral awards are not subject to ordinary judicial remedies. Thus, a disastrous award may well remain disastrous for a party with no remedy available to right certain wrongs.

This publication looks at the relationship between the qualities of the arbitrators and the arbitrators’ “work-products”, namely the award and the arbitral process itself.

There are proven methods for the parties to detach at least part of “their” arbitration from the arbitrators. They may impose certain constraints on their intended arbitrators, be it in the agreement they conclude with the arbitrators or through the operation of the legal, customary, ethical or statutory rules that regulate the arbitrators’ activities, in what has now become a true profession. The parties may also consider having an institution oversee their arbitration, which will bring an additional measure of control over the exercise of the arbitrators’ ‘mission’. Finally, the picture would be incomplete without a discussion of the role played by certain substantive rules, such as the duty of confidentiality.

The contributions in this Dossier VIII, Is Arbitration only As Good as the Arbitrator? Status, Powers and Role of the Arbitrator, tackle these complex issues from different vantage points, bringing to bear the knowledge and experience of some of today’s leading experts in the field of arbitration. The contributors to this Dossier include:

The ICC Institute of World Business Law brings together the finest legal minds to strengthen links between international business practitioners and the legal profession. The Institute’s ‘Dossiers’ is a series that has gained international prestige. These Dossiers are the outcome of the Institute’s annual meetings, where experts from around the globe come together to discuss salient issues of international commercial law and arbitration.

Today thousands of investors act globally in markets providing services, technology or capital in countries all around the world. This activity can be peacefully accomplished when both the investor and the host State know that the disputes will be resolved under the aegis of the investor-State arbitration regime, wherein an investor is provided with a direct right of action against a State, most commonly stemming from a bilateral or multilateral investment treaty. This book approaches the substantive and sometimes difficult concepts of investor-State arbitration in a clear and concise explanatory fashion.

In the course of acquainting the reader with the basic legal concepts and policies of the regime, the authors address such issues as the following:

The book examines a number of arbitration procedures arising from various perspectives with differing underlying assumptions while highlighting important cases.

Given that investor-State arbitration is now under the public watch and facing many challenges, this remarkably clear and concise overview of the regime will prove to be of great value to in-house counsel and other practitioners, as well as to government policymakers and students.x`

Today thousands of investors act globally in markets providing services, technology or capital in countries all around the world. This activity can be peacefully accomplished when both the investor and the host State know that the disputes will be resolved under the aegis of the investor-State arbitration regime, wherein an investor is provided with a direct right of action against a State, most commonly stemming from a bilateral or multilateral investment treaty. This book approaches the substantive and sometimes difficult concepts of investor-State arbitration in a clear and concise explanatory fashion.

In the course of acquainting the reader with the basic legal concepts and policies of the regime, the authors address such issues as the following:

The book examines a number of arbitration procedures arising from various perspectives with differing underlying assumptions while highlighting important cases.

Given that investor-State arbitration is now under the public watch and facing many challenges, this remarkably clear and concise overview of the regime will prove to be of great value to in-house counsel and other practitioners, as well as to government policymakers and students.x`

The Collection of ICC Arbitral Awards 2012-2015 contains extracts of cases handled by the ICC Court of Arbitration, one of the world''s most respected arbitral institutions. This most recent collection supplements six previous and successful volumes containing awards from the periods 1974-1985, 1986-1990, 1991-1995, 1996-2000, 2001-2007 and 2008-2011. This collection is a practical reference tool, containing three types of useful indexes incorporating information from all three volumes:

In addition to providing a wealth of information in a highly accessible manner, this book includes case notes end expert commentaries on the awards. This publication is an indispensable reference work for anyone interested in international arbitration and in the reasoning of international arbitrators on the interpretation and application of contractual clauses, international conventions, and the law of international trade. It is invaluable to both scholars and practitioners involved in the drafting and negotiation of international commercial contracts and the resolution of international commercial disputes.

The Collection of ICC Arbitral Awards 2012-2015 contains extracts of cases handled by the ICC Court of Arbitration, one of the world''s most respected arbitral institutions. This most recent collection supplements six previous and successful volumes containing awards from the periods 1974-1985, 1986-1990, 1991-1995, 1996-2000, 2001-2007 and 2008-2011. This collection is a practical reference tool, containing three types of useful indexes incorporating information from all three volumes:

In addition to providing a wealth of information in a highly accessible manner, this book includes case notes end expert commentaries on the awards. This publication is an indispensable reference work for anyone interested in international arbitration and in the reasoning of international arbitrators on the interpretation and application of contractual clauses, international conventions, and the law of international trade. It is invaluable to both scholars and practitioners involved in the drafting and negotiation of international commercial contracts and the resolution of international commercial disputes.

The Collection of ICC Arbitral Awards 2016¿2020 contains extracts of cases handled by the ICC Court of Arbitration, one of the world’s most respected arbitral institutions. This most recent collection supplements seven previous and successful volumes containing awards from the period 1974 to 2015. This collection is a practical reference tool, containing three types of useful indexes incorporating information from all three volumes:

a consolidated analytical table, in both English and French, contains extensive cross-references based on the terminology used in awards and case notes;

a chronological index lists the awards;

a keyword index, also provided in both languages, allows the reader to locate the material of interest quickly and easily.

 In addition to providing a wealth of information in a highly accessible manner, this book includes case notes end expert commentaries on the awards. This publication is an indispensable reference work for anyone interested in international arbitration and in the reasoning of international arbitrators on the interpretation and application of contractual clauses, international conventions, and the law of international trade. It is invaluable to both scholars and practitioners involved in the drafting and negotiation of international commercial contracts and the resolution of international commercial disputes.

The Collection of ICC Arbitral Awards 2016¿2020 contains extracts of cases handled by the ICC Court of Arbitration, one of the world’s most respected arbitral institutions. This most recent collection supplements seven previous and successful volumes containing awards from the period 1974 to 2015. This collection is a practical reference tool, containing three types of useful indexes incorporating information from all three volumes:

a consolidated analytical table, in both English and French, contains extensive cross-references based on the terminology used in awards and case notes;

a chronological index lists the awards;

a keyword index, also provided in both languages, allows the reader to locate the material of interest quickly and easily.

 In addition to providing a wealth of information in a highly accessible manner, this book includes case notes end expert commentaries on the awards. This publication is an indispensable reference work for anyone interested in international arbitration and in the reasoning of international arbitrators on the interpretation and application of contractual clauses, international conventions, and the law of international trade. It is invaluable to both scholars and practitioners involved in the drafting and negotiation of international commercial contracts and the resolution of international commercial disputes.