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Vol 25 No 1 Jan/Feb 2020

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Precedent in International Arbitration

Edited by: Yas Banifatemi, Emmanuel Gaillard

ISBN13: 9781933833149
Published: June 2008
Publisher: Juris Publishing
Country of Publication: USA
Format: Hardcover
Price: £115.00

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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.

Arbitration and Alternative Dispute Resolution
Foreword, Emmanuel Gaillard
Definition of “precedent”, Barton Legum
Part I – International Commercial Arbitration
Introductory Note, Karl-Heinz Böckstiegel
Is there a Need for Consistency in International Commercial Arbitration?, François 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 Wälde
Is the Search of Consistency a Myth?, Gabrielle Kaufmann-Kohler

Series: IAI International Arbitration

EU Law and International Investment Arbitration ISBN 9781944825294
Published September 2018
Juris Publishing
Fifteen Years of NAFTA: Section 11 Arbitration ISBN 9781933833767
Published September 2011
Juris Publishing
The Review of International Arbitral Awards ISBN 9781933833330
Published June 2010
Juris Publishing
State Entities in International Arbitration ISBN 9781929446964
Published June 2008
Juris Publishing
Anti-Suit Injunctions In International Arbitration ISBN 9781929446605
Published March 2005
Juris Publishing
Annulment of ICSID Awards ISBN 9781929446612
Published July 2004
Juris Publishing