Concise international arbitration / edited by Loukas A. Mistelis.

Format:

Book

Contributor:

Mistelis, Loukas A., 1967- editor.

Language:

English

Subjects (All):

International commercial arbitration.

Physical Description:

1 online resource (1,442 pages)

Edition:

Second edition.

Place of Publication:

Alphen aan den Rijn : Wolters Kluwer, Law & Business, [2015]

Language Note:

English

Summary:

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.

Contents:

Cover

Half Title Page

Title Page

Copyright Page

FOREWORD

Table of Contents

ABOUT THE AUTHORS

CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS (NEW YORK CONVENTION), 1958

[Introductory remarks]

[Scope of Application] Article I

[Arbitration agreements] Article II

[Obligation to recognise and enforce arbitral award] Article III

[Formalities required to obtain recognition and enforcement] Article IV

[Grounds to refuse enforcement of foreign arbitral awards] Article V

[Discretion of national courts to adjourn enforcement decision pending setting aside proceedings] Article VI

[Most favourable laws] Article VII

[Signature, ratification] Article VIII

[Accession] Article IX

[Territorial application declaration] Article X

[Federal or non-unitary States] Article XI

[Entry into force] Article XII

[Denunciation] Article XIII

[Reciprocity] Article XIV

[Notifications] Article XV

[Official languages] Article XVI

CONVENTION OF THE SETTLEMENT OF INVESTMENT DISPUTES BETWEEN STATES AND NATIONALS OF OTHER STATES (WASHINGTON/ICSID CONVENTION), 1965

CHAPTER I. INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES

Section 1. Establishment and Organisation

Section 2. The Administrative Council

Section 3. The Secretariat

Section 4. The Panels

Section 5. Financing the Centre

Section 6. Status, Immunities and Privileges

CHAPTER II. JURISDICTION OF THE CENTRE

CHAPTER III. CONCILIATION

Section 1. Request for Conciliation

Section 2. Composition of the Conciliation Commission

Section 3. Conciliation Proceedings

CHAPTER IV. ARBITRATION

Section 1. Request for Arbitration

Section 2. Constitution of the Tribunal

Section 3. Powers and Functions of the Tribunal

Section 4. The Award.

Section 5. Interpretation, Revision and Annulment of the Award

Section 6. Recognition and Enforcement of the Award

CHAPTER V. REPLACEMENT AND DISQUALIFICATION OF CONCILIATORS AND ARBITRATORS

CHAPTER VI. COST OF PROCEEDINGS

CHAPTER VII. PLACE OF PROCEEDINGS

CHAPTER VIII. DISPUTES BETWEEN CONTRACTING STATES

CHAPTER IX. AMENDMENT

CHAPTER X. FINAL PROVISIONS

UNITED NATIONS COMMISSION ON INTERNATIONAL TRADE LAW (UNCITRAL) ARBITRATION RULES, 2010

SECTION I. INTRODUCTORY RULES

[Scope of application] Article 1

[Notice and calculation of periods of time] Article 2

[Notice of arbitration] Article 3

[Response to the Notice of Arbitration] Article 4

[Representation and assistance] Article 5

[Designating and appointing authorities] Article 6

SECTION II. COMPOSITION OF THE ARBITRAL TRIBUNAL

[Number of arbitrators] Article 7

[Appointment of arbitrators (Articles 8 to 10)] Article 8

Article 9

Article 10

[Disclosures by and challenge of arbitrators** (articles 11 to 13)] Article 11

Article 12

Article 13

[Replacement of an arbitrator] Article 14

[Repetition of hearings in the event of the replacement of an arbitrator] Article 15

[Exclusion of liability] Article 16

SECTION III. ARBITRAL PROCEEDINGS

[General provisions] Article 17

[Place of arbitration] Article 18

[Language] Article 19

[Statement of claim] Article 20

[Statement of defence] Article 21

[Amendments to the claim or defence] Article 22

[Pleas as to the jurisdiction of the arbitral tribunal Article 23

[Further written statements] Article 24

[Periods of time] Article 25

[Interim measures] Article 26

[Evidence] Article 27

[Hearings] Article 28

[Experts appointed by the arbitral tribunal] Article 29

[Default] Article 30

[Closure of hearings] Article 31.

[Waiver of right to object] Article 32

SECTION IV. THE AWARD

[Decisions] Article 33

[Form and effect of the award] Article 34

[Applicable law, amiable compositeur] Article 35

[Settlement or other grounds for termination] Article 36

[Interpretation of the award] Article 37

[Correction of the award] Article 38

[Additional award] Article 39

[Definition of costs] Article 40

[Fees and expenses of arbitrators] Article 41

[Allocation of costs] Article 42

[Deposit of costs] Article 43

ANNEX

INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES (ICSID) RULES OF PROCEDURE FOR ARBITRATION PROCEEDINGS (ARBITRATION RULES), 2006*

CHAPTER I. ESTABLISHMENT OF THE TRIBUNAL

[General obligations] Arbitration Rule 1

[Method of constituting the tribunal in the absence of previous agreement] Arbitration Rule 2

[Appointment of arbitrators to a tribunal constituted in accordance with Convention art. 37(2)(b)] Arbitration Rule 3

[Appointment of arbitrators by the Chairman of the Administrative Council] Arbitration Rule 4

[Acceptance of appointments] Arbitration Rule 5

[Constitution of the tribunal] Arbitration Rule 6

[Replacement of arbitrators] Arbitration Rule 7

[Incapacity or resignation of arbitrators] Arbitration Rule 8

[Disqualification of arbitrators] Arbitration Rule 9

[Procedure during a vacancy on the tribunal] Arbitration Rule 10

[Filling vacancies on the tribunal] Arbitration Rule 11

[Resumption of proceeding after filling a vacancy] Arbitration Rule 12

CHAPTER II. WORKING OF THE TRIBUNAL

[Sessions of the tribunal] Arbitration Rule 13

[Sittings of the tribunal] Arbitration Rule 14

[Deliberations of the tribunal] Arbitration Rule 15

[Decisions of the tribunal] Arbitration Rule 16

[Incapacity of the president] Arbitration Rule 17.

[Representation of the parties] Arbitration Rule 18

CHAPTER III. GENERAL PROCEDURAL PROVISIONS

[Procedural orders] Arbitration Rule 19

[Preliminary procedural consultation] Arbitration Rule 20

[Pre-hearing conference] Arbitration Rule 21

[Procedural languages] Arbitration Rule 22

[Copies of instruments] Arbitration Rule 23

[Supporting documentation] Arbitration Rule 24

[Correction of errors] Arbitration Rule 25

[Time limits] Arbitration Rule 26

[Waiver] Arbitration Rule 27

[Cost of proceeding] Arbitration Rule 28

CHAPTER IV. WRITTEN AND ORAL PROCEDURES

[Normal procedures] Arbitration Rule 29

[Transmission of the request] Arbitration Rule 30

[The written procedure] Arbitration Rule 31

[The oral procedure] Arbitration Rule 32

[Marshalling of evidence] Arbitration Rule 33

[Evidence: general principles] Arbitration Rule 34

[Examination of witnesses and experts] Arbitration Rule 35

[Witnesses and experts: special rules] Arbitration Rule 36

[Visits and inquiries

submissions of non-disputing parties] Arbitration Rule 37

[Closure of the proceeding] Arbitration Rule 38

CHAPTER V. PARTICULAR PROCEDURES

[Provisional measures] Arbitration Rule 39

[Ancillary claims] Arbitration Rule 40

[Preliminary objections] Arbitration Rule 41

[Default] Arbitration Rule 42

[Settlement and discontinuance] Arbitration Rule 43

[Discontinuance at request of a party] Arbitration Rule 44

[Discontinuance for failure of parties to act] Arbitration Rule 45

CHAPTER VI. THE AWARD

[Preparation of the award] Arbitration Rule 46

[The award] Rule 47

[Rendering and publishing of the award] Rule 48

[Supplementary decisions and rectification] Rule 49

CHAPTER VII. INTERPRETATION, REVISION AND ANNULMENT OF THE AWARD

[The application] Rule 50.

[Interpretation or revision: further procedures] Rule 51

[Annulment: further procedures] Rule 52

[Rules of procedure] Rule 53

[Stay of enforcement of the award] Rule 54

[Resubmission of dispute after an annulment] Rule 55

CHAPTER VIII. GENERAL PROVISIONS

[Final provisions] Rule 56

INTERNATIONAL CHAMBER OF COMMERCE (ICC) RULES OF ARBITRATION, 2012

INTRODUCTORY PROVISIONS

[International Court of Arbitration] Article 1

[Definitions] Article 2

[Written Notifications or Communications

Time Limits] Article 3

COMMENCING THE ARBITRATION

[Request for Arbitration] Article 4

[Answer to the Request

Counterclaims] Article 5

[Effect of the Arbitration Agreement] Article 6

MULTIPLE PARTIES, MULTIPLE CONTRACTS AND CONSOLIDATION

[Joinder of Additional Parties] Article 7

[Claims Between Multiple Parties] Article 8

[Multiple Contracts] Article 9

[Consolidation of Arbitrations] Article 10

THE ARBITRAL TRIBUNAL

[General Provisions] Article 11

[Constitution of the Arbitral Tribunal] Article 12

[Appointment and Confirmation of the Arbitrators] Article 13

[Challenge of Arbitrators] Article 14

[Replacement of Arbitrators] Article 15

THE ARBITRAL PROCEEDINGS

[Transmission of the File to the Arbitral Tribunal] Article 16

[Proof of Authority] Article 17

[Place of the Arbitration] Article 18

[Rules Governing the Proceedings] Article 19

[Language of the Arbitration] Article 20

[Applicable Rules of Law] Article 21

[Conduct of the Arbitration] Article 22

[Terms of Reference] Article 23

[Case Management Conference and Procedural Timetable] Article 24

[Establishing the Facts of the Case] Article 25

[Hearings] Article 26

[Closing of the Proceedings and Date for Submission of Draft Awards] Article 27

[Conservatory and Interim Measures] Article 28.

[Emergency Arbitrator] Article 29.

Notes:

Bibliographic Level Mode of Issuance: Monograph

Description based on print version record.

Description based on publisher supplied metadata and other sources.

ISBN:

90-411-6553-3

OCLC:

927411335