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Vol 21 No 9 Sept/Oct 2016

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Sense and Non-sense of Guidelines, Rules and Other Para-Regulatory Texts in International Arbitration - ASA Special Series No. 37

ISBN13: 9781933833927
Published: November 2015
Publisher: Juris Publishing
Country of Publication: USA
Format: Hardback
Price: £95.00

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There are a great number of arbitration rules applicable to various forms of proceedings with or without the support of institutions. The rules intended to govern international arbitration are revised in regular intervals and, despite the growing number of institutions, seem to resemble each other increasingly.

Beside this body of rules, which form the regulatory core of international arbitration, there are other texts, described as “guidelines”, “notes” or similar expressions, which propose to provide guidance, information, advice and directives to parties, arbitrators and institutions. Since these texts differ from the rules governing the arbitration proceedings as a whole, it is proposed to refer to them as “para-regulatory texts”.

The number of institutions, associations and other groups of varying qualifications which issue such texts is continuously growing; so are the subject matters with which they deal and the number of texts produced. While the relevance, authority and usefulness varies from one text to another, taken together they form a thicket of continuously growing density.

Occasionally one or the other of these texts has given rise to controversies or a critical analysis. But no systematic analysis of the phenomenon as such and its impact on the practice of international arbitration seems to have been undertaken yet. This volume of the ASA Special Series starts a discussion about these para-regulatory texts, examining the phenomenon in general and by reference to some of them specifically.

The discussion in this volume focuses in a more general manner on the status of these texts, in particular:=

  • The authority of para-regulatory texts in arbitration practice;
  • The frequency with which they are referred to or used;
  • The authors of these texts, their mandate, qualification and experience;
  • The areas covered by such texts and those which have not or have been less prominently addressed.
The Sense and Non-sense of Para-regulatory Texts in International Arbitration will provide some insight into the effect which para-regulatory texts have on arbitration practice, on the responsiveness of arbitration to the needs of its users and on the further development of arbitration. Is the trend to be discouraged or to be further developed? What directions should it take?

Arbitration and Dispute Resolution
About the Editor
About the Contributors

Chapter 1
An Overview of Existing Para-regulatory Texts ("PRTs"): Analysis, Facts and Figures
Daniele Favalli

Chapter 2
"Soft Law" and Hard Questions: ASA's Initiative in the Debate on Counsel Ethics in International Arbitration
Elliott Geisinger

Chapter 3
A Critical Analysis of the IBA Guidelines on Party Representation
Felix Dasser

Chapter 4
Importance and Impact of the First PRT, the IBA Evidence Rules
Christoph Müller

Chapter 5
How Should Para-regulatory Texts Be Drafted?
C. Ryan Reetz

Chapter 6
The Authority of Para-regulatory Texts
Marco Stacher

Chapter 7
The Challenge of an Arbitral Award on the Basis of a PRT
Balz Gross and Mladen Stojiljković

Chapter 8
What Remains to Be Done? Future Para-regulatory Text Projects
Phillip Landolt

Chapter 9
Romanian Case Law as an Example of the Impact of Para-regulatory Texts on Decisions of National Courts
Crenguta Leaua

Appendix A: ASA Board Position on IBA Guidelines on Party Representation

Series: ASA Special Series

ASA No 36: Advocacy in International Commercial Arbitration ISBN 9781933833910
Published September 2013
Juris Publishing
ASA No 38: Post Award Issues ISBN 9781933833903
Published December 2011
Juris Publishing