Legitimacy, myths, realities, challenges / editor, Albert Jan Van den Berg.

Format:

Book

Conference/Event

Contributor:

Berg, A. J. van den, editor.

Permanent Court of Arbitration.

International Council for Commercial Arbitration.

Conference Name:

International Arbitration Congress (22nd : 2014 : Miami, Florida)

Language:

English

Subjects (All):

Arbitration (International law)--Congresses.

Arbitration (International law).

Physical Description:

1 online resource (1,130 pages) : illustrations

Edition:

1st ed.

Place of Publication:

Alphen aan den Rijn, The Netherlands : Kluwer Law International, [2015]

Summary:

ICCA Congress Series no. 18 comprises the proceedings of the twenty-second Congress of the International Council for Commercial Arbitration (ICCA), held in Miami in 2014. The articles by leading arbitration practitioners and scholars from around the world address the challenges, both perceived and real, to the legitimacy of international arbitration. The volume focuses on the twin pillars of legitimacy: justice, in procedure and outcome, and precision at every phase of proceedings. Contributions on justice explore issues related to diversity, fairness and whether arbitral institutions can do more to foster legitimacy - based on the responses of nine international arbitration institutions to a survey on this topic. Articles focusing on precision address burdens, standards and procedures in respect of proof; interim measures and document production; witnesses and experts; and standards governing investor misconduct in investment arbitration. The volume opens with a spirited Keynote Address in defense of bilateral investment treaties and also reports the results of a theme-related empirical survey of Congress Participants on demographics, precision and justice in international arbitration carried out during the Opening Plenary Session of the Congress.

Contents:

Cover

Half Title Page

Title Page

Copyright Page

Preface

23rd ICCA CONGRESS 8-11 May 2016 Mauritius

TABLE OF CONTENTS

Keynote Address: In Defence of Bilateral Investment Treaties

Opening Plenary Session

Setting The Scene: What Are the Myths? What Are the Realities? What Are the Challenges?

Report on the Opening Plenary Session

Annex "Precision" and "Justice" Stream Panel Propositions

Arbitration and Decision-Making: Live Empirical Study

International Arbitration: Demographics, Precision and Justice

Annex Survey Materials

A. Precision Stream

1. Proof: A Plea for Precision

The Burden of Proof in International Arbitration

The Illusive Standard of Proof in International Commercial Arbitration

Practice and Procedure Regarding Proof: The Need for More Precision

2. Early Stages of the Arbitral Process: Interim Measures and Document Production

Report on the Session Early Stages of the Arbitral Process: Interim Measures and Document Production

Reliance Document Management

Document Production in International Arbitration: Communicating Between Ships in the Night

Arbitrators' Power to Sanction Non-Compliance in Discovery in International Commercial Arbitration

Interim Measures in International Commercial Arbitration - Useful Weapon or Tactical Missile: By What Standards Should Arbitral Tribunals Fire the Shots?

Interim Measures in Arbitration: Towards a Better Injury Standard

The Continuing Role of the Courts in the Era of the Emergency Arbitrator

3. Matters of Evidence: Witness and Experts

Report on the Session Matters of Evidence: Witness and Experts

Do Witness Statements Matter - And If So, How Can They Be Improved?

Can Arbitrators Choose Who to Call as Witnesses? (And What Can Be Done If They Don't Show Up?).

A Primer on Damages Assessment: Towards a Framework for Fair Compensation

How Useful Are Party-Appointed Experts in International Arbitration?

Annex I: Sachs Protocol and Traditional System

Annex II: Arbitration Rules and the Expert Witness

Annex III: Summary of Valuation Approaches in ICSID Decisions

Annex IV: Spreadsheet for Joint Expert Meetings

4. Treaty Arbitration: Pleading and Proof of Fraud and Comparable forms of Abuse

Introduction to the Session Treaty Arbitration: Pleading and Proof of Fraud and Comparable Forms of Abuse

Report on the Session Treaty Arbitration: Pleading and Proof of Fraud and Comparable Forms of Abuse

Investor Wrongdoing in Investment Arbitration: Standards Governing Issues of Corruption, Fraud, Misrepresentation and Other Investor Misconduct

Claims of Corruption in Investment Treaty Arbitration: Proof, Legal Consequences and Sanctions

Pleading and Proof of Fraud and Comparable Forms of Abuse in Treaty Arbitration

B. Justice Stream

1. Who Are the Arbitrators?

"To Diversify or Not to Diversify"? Report on the Session Who Are the Arbitrators?

Who Are the Arbitrators? Myths, Reality and Challenges

Tensions Between Party Autonomy and Diversity

Diversity in Diversity

Who Are the Arbitrators?

2. Premise: Arbitral Institutions Can Do More to Further Legitimacy. True or False?

Introduction to the Session Arbitral Institutions Can Do More to Foster Legitimacy. True or False?

Survey Arbitral Institutions Can Do More to Foster Legitimacy. True or False?

3. Treaty Arbitration: Is the Playing Field Level and Who Decides Whether It Is Anyway?

Treaty Arbitration: Is the Playing Field Level and Who Decides Whether It Is Anyway?

Annex Bibliography of Empirical Studies Regarding BITs and FDI

Investment Disputes and the Public Interest.

4. Universal Arbitration: An Aspiration Within Reach or a Sisyphean Goal?

Report on the Session Universal Arbitration: An Aspiration Within Reach or a Sisyphean Goal?

Developing a Framework for the Legitimacy of International Arbitration

Plenary Session: Spotlight on International Arbitration in Miami and the United States

Introduction to the Session Spotlight on International Arbitration in Miami and the United States

Miami's Favorable International Arbitration Climate

Availability of Class Arbitration Under US Law

A Progress Report on the Restatement of the Law (Third) on the U.S. Law of International Commercial Arbitration

Enforcement of International Arbitral Awards in Florida and the United States: Judicial Consistency?

Breakout Sessions Arbitral Legitimacy: The Users' and Judges' Perspectives

Report on the Breakout Sessions on Arbitral Legitimacy: The Users' and Judges' Perspectives

Lunch Seminar Latin America: Hottest Issues, Country by Country

Report on the Lunch Seminar Latin America: Hottest Issues, Country by Country

Lunch Seminar Power of Arbitration to Fill Gaps in the Arbitration Agreement and Underlying Contract

"Gap Filling" by Arbitrators

Filling the Gaps: A Civil Law Tradition

Closing Plenary

Legitimacy: Examined Against Empirical Data

Report on the Closing Plenary Session

Where We Have Been, Where We Should Go

ICCA MIAMI CONGRESS LIST OF PARTICIPANTS

INTERNATIONAL COUNCIL FOR COMMERCIAL ARBITRATION (ICCA)

Back Cover.

Notes:

Description based on print version record.

Description based on publisher supplied metadata and other sources.

OCLC:

1239987253