Subjects:

Conflict of Laws

Contents:

1. Introduction

I - The Area of Inquiry: International Commercial Arbitration

II - The Object of Inquiry

III - The Purpose and Method of the Inquiry

IV - The Structure of this Book

2. The Theoretical Thinking on the Law of the Arbitration

I - Introduction to the Notions

II - Seat Theories

III - Legal Localization

IV - Approaches to Delocalization

V - Concluding Remarks: Desiderata

3. The Law of the Arbitration in National Laws

I - Localization by Choice of Law: Its Shortcomings and Abandonment

II - The Basic Tenets of Modern Arbitration Law

III - Supervision and Support at the Seat of an Arbitration

4. Human Rights Law Requirements in International Arbitration

I - International Law Creates Obligations for States

II - An Arbitration Agreements is a Waiver of the Right to State-Administered Justice

III - A Right to a 'Fair Arbitration'?

IV - Are Arbitral Tribunals Bound by the ECHR?

V - An International Obligation to Supervise and Assist Arbitral Proceedings?

VI - Conclusions

5. Procedural Law and Rules in Arbitral Practice

I - What is 'Procedure' and 'Procedural Law' in Arbitral Practice?

II - A Survey of Arbitration Rules

III - Overview of Arbitration Practice with Particular Reference to ICC Practice

IV - General Principles of Arbitral Procedure

6. Arbitrations Involving a State or an International Organization

I - Introduction

II - The Iran-United States Claims Tribunal

III - Foreign Investment Treaty Arbitration

IV - Arbitrations between Private Parties and International Organizations

V - States as Arbitrating Parties

VI - Conclusions

7. Enforceability of Awards Annulled in their State of Origin

I - Article V(1)(e) within the General Convention Framework

II - The Case Law

III - The Proper Limits for Discounting Annulment

IV - Policy Considerations: the Case for Restraint

V - Conclusions

8. A Nexus between an Award and a Municipal Law? International and A-National Awards in the New York Convention

I - Some Clarifications

II - Foreign and Non-Domestic Awards

III - Awards of the Iran-United States Claims Tribunal

IV - A-National and Stateless Awards

V - Conclusions

9. What Does the Future Hold?

International arbitration has become the preferred method for the resolution of international commercial disputes, yet the question still remains: What is the procedural law of international commercial arbitral proceedings and what is its relevance? This book comprehensively analyses the relevant legislative practice of all major arbitration venues in the world, as well as the arbitral practice of a number of arbitral institutions.

Practitioners will welcome the book's examination of the fate of awards annulled in their state of origin, 'stateless' awards, the procedural regime of arbitrations involving sovereign states, and the human rights considerations in international arbitration.