Elgar Arbitration Law and Practice series – serie

In this substantially revised and updated second edition, this work examines the intersection of EU law and international arbitration based on the experience of leading practitioners in both commercial and investment treaty arbitration law. It expertly illustrates the depth and breadth of EU law’s impact on party autonomy and on the margin of appreciation available to arbitral tribunals. This second edition covers all relevant new developments in law and practice, and tracks the ever-increasing influence of EU law and the jurisprudence of the Court of Justice of the EU (CJEU) in international arbitration.Key Features:An analysis of the relevance of EU law on the validity of international agreements to arbitrateConsideration of the impact of EU law on challenges, recognition and enforcement of international commercial awards, and the relationship between anti-suit relief, EU law and the New York ConventionAn introduction to the complex areas in which the EU regime and international investment arbitration laws intertwine, through a review of the development of the EU’s investment policyAn examination of the impact of EU law on specific issues in international investment arbitration including the Energy Charter Treaty, procedural issues (both ICSID and non-ICSID), damages, taxation, and the proposed Multilateral Investment Court and international taxationDiscussion of proposals to support climate responsive international investment and commercial arbitration regimeAn analysis of alternative dispute settlement mechanisms in investment treatiesInternational Arbitration and EU Law is a specialist guide for arbitrators, lawyers, judges, and expert witnesses. It will also greatly benefit academics and advanced students working, researching or teaching international arbitration law.

Exploring a range of legal, procedural, ethical, and strategic dimensions, this book provides a comprehensive survey of the unique challenges, issues, and opportunities surrounding international commercial arbitration involving sovereign entities. A team of international experts provide guidance on how to effectively manage these multi-faceted and high-profile disputes.Key Features:Analyzes umbrella clauses, parallel proceedings, and jurisdictional doctrines such as veil piercing and agency theoriesExamines the historical and legal development of state sovereignty and international law, and the ever-present tension between the twoExplores pre-arbitration engagement with sovereigns, focusing on the dynamics of negotiation and mediation, and providing practical advocacy techniquesAddresses the process of enforcing and collecting arbitral awards, as well as performance issues in contracts with sovereigns, emphasizing the importance of early intervention in avoiding arbitrationPresents strategic advice for advisors to foreign sovereigns and private parties to resolve commercial disputes, and outlines procedural roadmaps for arbitration initiation, jurisdictional analysis, and enforcement mechanismsInternational Commercial Arbitration with Sovereign States is an essential resource for lawyers, judges, arbitrators, and mediators involved in international disputes, as well as government and institutional legal advisors, and academics.

This new work provides a timely and in-depth examination of the interface between the recast Brussels I Regulation and international commercial arbitration. The nature of the exclusion of arbitration from the original Brussels I Regulation on the recognition and enforcement of judgments, and subsequent decisions of the CJEU in cases such as West Tankers, resulted in the use of delaying tactics by parties wishing to avoid arbitration agreements. The recast Brussels I Regulation sought to remedy the situation by clarifying the extent of the arbitration exclusion and providing further detail on the relationship between arbitration and the Regulation, with the aim of promoting the efficient resolution of international disputes within the European Union. While the recast Brussels I Regulation has gone some way to remedy the situation, problems remain for those engaged in international disputes in EU member states. Key features of this book include: Comprehensive analysis of the interface between the recast Brussels I Regulation and international commercial arbitrationExamination of the dilatory tactics which may be employed to avoid arbitration such as forum shopping, commencing parallel proceedings and obtaining conflicting decisionsGuidance on how these tactics are addressed in national and international lawAssessment of the EU, international and national laws that apply to these tactics. Practitioners working within the fields of international commercial arbitration, civil litigation and private international law will find this work a valuable resource, providing a unique and detailed treatment of this important and technical subject.

Central and Eastern Europe (CEE) is the testing ground for investment arbitration in Europe: the majority of the cases against EU Member States are proceedings launched against countries from within the region. Despite their relevance, CEE experiences have not previously been analysed in a comprehensive manner. This book takes a systematic country-by-country approach covering all the CEE jurisdictions. Each chapter provides detailed information and insight into the respective jurisdiction, setting out the policy and treaty landscape, the legal status of investor-state arbitration and alternative remedies. This is supplemented by a detailed analysis of the investor-state arbitration decisions in each country.Key features include:the first comprehensive survey of investment arbitration in CEE countrieswritten by leading practitioners and academics in their respective jurisdictionsan insider perspective into CEE investment casesconsideration of political, economic and regulatory factorsa practical case-law oriented approach to investment arbitration within CEE.Arbitrators and investment practitioners will benefit greatly from the comprehensive survey and detailed case analysis. The book will be invaluable for firms advising businesses with operations in the region, and for anyone involved in arbitral proceedings involving CEE countries.Contributors include: A. Andhov, I. Bimbilovski, K. Brockova, M. Cáp, Y. Cottrill, A.-M. Culjak, R. Daujotas, I. Druviete, P. Flere, R. Griguolaite, G. Hajdu, J. Heyduk, V. Korom, M. Olík, A. Petrov, W. Sadowski, E.K. Selga, K. Simalova, E. Spiroska, C.-G. Stanescu, Ü. Talviste, P. Treder, Z. Víg, P. Zivkovi , M. Zupan

This book provides an in-depth guide to conducting international arbitration proceedings efficiently and effectively, drawing on Yves Derains’ specialist experience in over 500 proceedings. It explores the necessary qualities of successful international arbitrators, and covers the various phases of arbitration proceedings, from the appointment of the arbitrators to the issuing of the award.Key Features:Provides practice-based tips for the conduct of arbitration proceedingsIllustrates how to organise case management conferences efficientlyExamines the role of witness and expert evidence in arbitration and how to handle it effectivelyDiscusses the complications expected when coordinating international arbitration and how to resolve themThe 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.

The worlds of insolvency and international arbitration have an inherent collision course, coming as they do from very different perspectives but as the business world faces an increasing number of challenges, we are having to look far more closely at how the two co-exist and work together. Richard Bamforth and Kushal Gandhi lead a team of experts from across the two disciplines to consider the effect of insolvency on arbitration agreements; the developing legal theories on the types of matters which are capable of being arbitrated; the issues arising from party insolvency during the course of ongoing arbitral proceedings; and how insolvency affects a person’s ability to enforce their arbitral award. Key Features:Examines international perspectives on insolvency proceedingsInvestigates the New York Convention 1958, the Insolvency Act 1986 and the Arbitration Act 1996Assesses whether insolvency is a procedural or substantive matter for the purposes of arbitrationProvides practical guidance on the commencement of insolvency proceedings for an arbitrable debtAnalyses the impact of foreign insolvencies on England-seated arbitration and English statutory adjudicationInsolvency and arbitration lawyers will find this book to be a fundamental resource. It will also be beneficial for scholars of arbitration and dispute resolution, company and insolvency law, corporate law, and litigation.

As the arbitration of internal trust disputes has attracted significant attention amongst the arbitration and trust law communities in recent years, this book provides a timely and comprehensive examination of the ways of overcoming challenges associated with trust arbitration. Rebutting arguments made against the enforceability of trust arbitration clauses, it highlights key traps for the unwary when drafting such clauses, and thereby provides readers with the necessary knowledge to enter by the narrow gate of trust arbitration, rather than by the broad gate of trust litigation.Key features include:Guidance for the drafting of trust arbitration clausesIn-depth analysis of the European Convention on Human Rights (ECHR) and natural justice issues posed by trust arbitrationComparisons between several commonwealth jurisdictions to determine how trust arbitration could work in each systemAnalysis and commentary on multiple common law trust arbitration statutes, as well as relevant international treaties, including the Hague Trust Convention and the New York ConventionArbitrators, private client lawyers, trust professionals and scholars will greatly benefit from the detailed analysis and commentary in this book. Accessible in style, it will also prove invaluable to students of arbitration or trust law.