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Vol 23 No 3 March/April 2018

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The Evolution and Future of International Arbitration

Edited by: Stavros L. Brekoulakis, Julian D.M. Lew, Loukas A. Mistelis

ISBN13: 9789041170040
Published: July 2016
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £128.00

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The School of International Arbitration of the Centre for Commercial Law Studies at Queen Mary University of London celebrated its 30th anniversary in April 2015 with a major conference featuring presentations by 35 international arbitration practitioners and scholars from many countries representing a variety of legal systems.

This volume has emerged from that conference. What is striking is not only the range and diversity of the topics examined but also the emergence of new subjects for examination, demonstrating that arbitration law and practice do not stand still but are constantly evolving.

The issues and topics covered include the following:-

  • Evolution of case law and practice in international arbitration;
  • The concept and autonomy of arbitral award;
  • Parties in international arbitration;
  • Parallel proceedings in international arbitration;
  • Court review of arbitration awards;
  • Geographic expansion of international arbitration;
  • Counsel regulation and conflicts disclosures;
  • The use of technology in international arbitration;
  • Teaching and research in international arbitration.
This superbly organised and edited volume, like earlier conference volumes from the School of International Arbitration, is sure to be welcomed and acclaimed, and like them will prove of lasting value.

Arbitration and Dispute Resolution
Opening Speech at the SIA30 Anniversary Conference - Julian D M Lew
Chapter 1: Introduction: The Evolution and Future of International Arbitration- Stavros Brekoulakis
Chapter 2: Paradigmatic Changes – Uniformity, Diversity, Due Process and Good Administration of Justice: The Next Thirty Years - Filip De Ly
Chapter 3: Document Production, Witness Statements, and Cross-Examination: The Enduring Tensions in International Arbitration - Laurence Shore
Chapter 4: Evolution of Case Law in International Arbitration - Sébastien Besson
Chapter 5: A Weather Map for International Arbitration: Mainly Sunny, Some Cloud, Possible Thunderstorms - Luke Nottage
Chapter 6: The Concept of Seat in the New York Convention and the Autonomy of Arbitral Award - Stefan Kröll
Chapter 7: The Use of Investor-State Arbitration as a De Facto Enforcement Mechanism for Arbitral Awards -Andrea K. Bjorklund
Chapter 8: Parties in International Arbitration: Consent v. Commercial Reality - Stavros Brekoulakis
Chapter 9: The Swiss Perspective on Parties in Arbitration: “Traditional Approach With a Twist regarding Abuse of Rights” or “Consent Theory Plus” - Nathalie Voser
Chapter 10: Third Party Non-Signatories in English Arbitration Law - Audley Sheppard
Chapter 11: Comments on Parties in International Arbitration: Consent v. Commercial Reality by Professor Stavros Brekoulakis - John Fellas
Chapter 12: A French View On The Application of The Arbitration Agreement to Non- Signatories - Philippe Pinsolle
Chapter 13: Parallel Proceedings Involving Objections to Arbitral Jurisdictions: A Closer Look at the Presumed Intention of the Parties - Frédéric Bachand
Chapter 14: Preclusion and the New York Convention: Article V(1)(e) and Converse- Article V(1)(e) - Donald Francis Donovan
Chapter 15: Anti-Suit Injunctions and Other Means of Indirect Enforcement of an Arbitration Agreement - Crina Baltag
Chapter 16: National Court Review of Arbitration Awards: Where Do We Go From Here? - Roman Khodykin
Chapter 17: Geography of International Arbitration – Where Does the Power Lie? - Fidelis Oditah
Chapter 18: Expansion of Arbitral Subject Matter: New Topics and New Areas of Law - Fan Kun
Chapter 19: Emergence of New Arbitral Centres in Asia and Africa: Competition, Cooperation and Contribution to the Rule of Law - Mohamed Abdel Raouf
Chapter 20: The Geography of International Arbitration – Places of Arbitration: the Old Ones and the New Ones - Andrea Carlevaris
Chapter 21: Soft Law and Power - Paul Friedland
Chapter 22: A New Approach to Regulating Counsel Conduct in International Arbitration - Michael Hwang & Jennifer Hon
Chapter 23: Conflicts Disclosures: The IBA Guidelines and Beyond - Alexis Mourre
Chapter 24: The Future of Science and Technology In International Arbitration: The Next Thirty Year - Robert H. Smit
Chapter 25: The Uncertain Future of the Interactive Arbitrator: Proposals, Good Intentions and the Effect of Conflicting Views on the Role of the Arbitrator - Michael E. Schneider
Chapter 26: Report: Teaching in International Arbitration - Norah Gallagher
Chapter 27: Critically Thinking: International Arbitration in Context - Jan Kleinheisterkamp
Chapter 28: Constructing a “Suite” of International Arbitration Courses: Sample LL.M Course Descriptions and Some Factors to Consider - Jack J. Coe, Jr
Chapter 29: Most Effective Teaching Methodologies for International Arbitration: Traditional Teaching v. Experiential Teaching - Christophe Seraglini
Chapter 30: The Proliferation of Specialist LLM Programs – The Challenges They Present, The Development of Programs, Including Specialized Courses - Patricia Shaughnessy
Chapter 31: International Arbitration Scholarship: Forms, Determinants, Evolution - Thomas Schultz
Chapter 32: The State of Empirical Research on International Commercial Arbitration: 10 Years Later - Christopher R. Drahozal
Chapter 33: Empirical Research on International Arbitrators: Benefits and Challenges - Michael Waibel
Chapter 34: Interpreting and Understanding Arbitral Awards for Purposes of Scholarly Research - Kaj Hobér
Chapter 35: The Interplay between Empirical Studies and Commercial Arbitration Practice - Thomas J. Stipanowich & Marcio Vasconcellos
Chapter 36: ‘Literature Review? What Literature Review?!’ - the Influence of Legal Culture on Scholarship in International Arbitration - Rémy Gerbay
School of International Arbitration 30th Anniversary Gala Dinner Speeches
Julian D M Lew
Albert Jan van den Berg
David Neuberger