Subjects:

Arbitration and Dispute Resolution

Contents:

Foreword, Emmanuel Gaillard

Definition of “

precedent”

, Barton Legum

Part I –

International Commercial Arbitration

Introductory Note, Karl-Heinz Bö

ckstiegel

Is there a Need for Consistency in International Commercial Arbitration?, Franç

ois Perret The Impact of the Confidentiality of Awards, Alexis Mourre

The Development of a Case Law in Construction Disputes Relating to FIDIC Contracts, Christopher Seppala Part II –

International Investment Arbitration

Introductory Note, Prosper Weil

Similarity of Issues in Disputes Arising under the Same or Similarly Drafted Investment Treaties, James Crawford

Can Arbitral Awards Constitute a Source of International Law under Article 38 of the ICJ Statute?, Judge Gilbert Guillaume The Impact of the Publication of Awards, Thomas Wä

lde

Is the Search of Consistency a Myth?, Gabrielle Kaufmann-Kohler Appendices

Index

Arbitrators routinely refer in their decisions to awards rendered by other arbitral tribunals that deal with the same issues. However natural it may seem to arbitrators and to parties who will refer to arbitral precedents in an attempt to support their position, such an approach raises many practical and theoretical questions.

Is there such a thing as arbitral precedent? What weight should arbitrators give to decisions previously rendered by other arbitral tribunals? Can arbitral “case law” exist without consistency? Does such consistency exist? Is it necessary or simply desirable? What is the respective weight to be given to arbitral and national case law when arbitrators have to decide a case in accordance with a given law?

These are some of the questions that this book explores, in the context of both international commercial arbitration and investment arbitration.