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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

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World Arbitration Reporter Looseleaf 2nd ed

Edited by: Loukas Mistelis, Laurence Shore, Hans Smit

ISBN13: 9781933833460
Published: April 2010
Publisher: Juris Publishing
Country of Publication: USA
Format: Looseleaf, 6 Volumes + CD-Rom
Price: £895.00

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International and domestic arbitration are well established in most countries of the world as an attractive alternative to court proceedings. More specifically, in certain sectors of the economy, such as construction and energy, and in the majority of international commercial transactions, arbitration is the preferred option for the settlement of disputes. While it remains difficult or even impossible to determine exact numbers the figures given by the major institutions suggest continuous growth in numbers.

International arbitration is at the junction of national, international and conflicts laws, public and private law and substantive and procedural law. Arbitration has become a more prominent area of legal practice and a distinct academic subject in many universities, typically at post-graduate level. This exponential growth increased the pool of lawyers dealing with arbitration and also made arbitration accessible or even a matter or regular business for engineers, accountants and other professions. Inevitably this “democratization” of arbitration highlighted that people involved in arbitration have different level of knowledge or expertise. This should come as no surprise, since only about thirty years ago arbitration was practiced by bigger law firms with strong international litigation practices while there were hardly any specialist arbitration practice groups or departments in most major law firms. Nowadays many more firms practice arbitration and several more practices have emerged, either sole practitioners or groups of less than five lawyers.

National legal systems have either developed on the basis of the UNCITRAL Model Law of International Commercial Arbitration or have the own special features. The three biggest arbitral jurisdictions, i.e. England, France and Switzerland have gone their own way and have national laws substantially distinct from the Model Law. Rules and practice of arbitration institutions also varies. There exist also many institutions predominately catering for domestic or specific industry disputes. Finally, we also have large number of international treaties dealing with arbitration, at bilateral, regional or global level.

Again this background of numerous instruments and other sources (case law and scholarly writing), of national or international origin, the general and the specialist editors and all contributors present this second and fully revised edition of the World Arbitration Reporter – The International Encyclopaedia of Arbitration Law and Practice (WAR) and hope that it will prove a useful tool for all its readership.

WAR in its first edition and over several years -- with numerous supplements and updates -- was edited by Professor Hans Smit and Vrat Pechota of Columbia University Law School with many of the national reports prepared “in-house”. This second edition brings together the work of more than 100 contributors who prepared either reports of national law and practice, or reports on the rules and practice of major domestic and international institutions and concise analyses of major international treaties. The reports are authoritative but accessible, up-to-date and comprehensive.

At its completion the new WAR will comprise commentary of 100 national jurisdictions, all leading international treaties pertaining to international arbitration and more than 100 arbitration institutions with regular updates and three to four releases annually or as otherwise necessary to ensure subscribers have access to accurate, up-to-date, authoritative and insightful resource.

This second edition of WAR is under the general editorship of Professor Loukas Mistelis and Dr Laurence Shore. In addition, there are two specialist editors, Dr Stavros Brekoulakis who is responsible for arbitration institutions and Dr Monique Sasson who is responsible for international treaties. The team is assisted by a team of researchers and editors at the School of International Arbitration at Queen Mary University of London. Contributors are drawn from major law firms, arbitration institutions and universities all over the world.

Other Jurisdictions , Arbitration and Dispute Resolution, USA
National Reports
About the Contributors
About the Editors
Australia: Alex Baykitch
Austria: Stefan Riegler and Christian Koller
Croatia: Alan Uzelac
Czech Republic: Alexander Belohlavek
England and Wales: Guy Pendell
Egypt: Mohamed Abdel Raouf
Germany: Stephan Wilske and Lars Markert
Guatemala: Luis Fernando Bermejo Quinonez
Hungary: Andrea Vincze
National Reports
Iceland: Gardar V. Gunnarsson
Ireland: John P. Gaffney
Japan: Masafumi Kodama
Korea (South): John Rhie
Latvia: Galina Zukova and Inga Kacevska
Mexico: Reynaldo Urtiaga
Paraguay: Jose Antonio Moreno Rodríguez
Romania: Crina Baltag
Russian Federation: Ivan Marisin and Roman Khodykin
Saudi Arabia: Torki A. Alshubaiki
Singapore: Nicholas Song
Spain: Pilar Perales Viscasillas
Thailand: Thawatchai Suvanpanich
Uganda: Phillip Bliss Aliker
Ukraine: Olexander Martinenko, Yaroslav Petrov and Oleksandr Gudko
National Arbitration Institutions
Australian Centre for International Commercial Arbitration (ACICA): Doug Jones and Bjorn Gehle
Chamber of Arbitration of Milan (CAM): Stefano Azzali
International Commercial Arbitration Court (ICAC) and Maritime Arbitration Commission (MAC) at the Russian Federation Chamber of Commerce and Industry: Roman Khodykin
Japan Commercial Arbitration Association (JCAA): Tatsuya Nakamura
The Netherlands Arbitration Institute (NAI): Bommel van der Bend and Rogier Schellaars
Ukrainian Chamber of Commerce & Industry, International Commercial Arbitration Court(ICACU) and Maritime Arbitration Commission (MACU): Sergiy Gryshko
International Arbitration Institutions
Cairo Regional Centre for International Commercial Arbitration (CRCICA): Laila El Shentenawi
China International Economic and Trade Arbitration Commission (CIETAC): Michael J. Moser and Desmond Ang
Dubai International Arbitration Centre (DIAC): J. Martin Hunter
Hong Kong International Arbitration Centre (HKIAC): Michael J. Moser and Desmond Ang
ICC International Court of Arbitration: Jason A. Fry
Singapore International Arbitration Centre (SIAC): Lawrence Boo
The Arbitration Institute of the Stockholm Chamber of Commerce (SCC): Marie Ohrstrom
Court of Arbitration and Mediation (Swiss Chambers): Anne Veronique Schlaepfer and Philippe Bartsch
WIPO Arbitration and MediationCenter (WIPOCenter): Ignacio de Castro and Sarah Theurich
Treaties and Bilateral and Regional Agreements
The European Convention on International Commercial Arbitration (1961) (European ICA): Maria Beatrice Deli
Association of Southeast Asian Nations (1967-2004) (ASEAN): Colin Ong
The Arab (Amman) Convention on Commercial Arbitration (1987): Jalal El Ahdab
NAFTA Chapter 11 (1992) (NAFTA): Claudia Frutos-Peterson
The Energy Charter Treaty (1994) (ECT): Norah Gallagher
WTO Dispute Settlement Understanding (1994) (WTO DSU): Joanna Gomula
U.S. Model Bilateral Investment Treaty (2004) (US BIT): Andrea J. Menaker and Nicole Thorutou
German Model Bilateral Investment Treaties (2005 and 2008): Sabine Konrad
National Arbitration Laws