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Arbitration Beyond Borders: Essays in Memory of Guillermo Aguilar Álvarez (eBook)

Edited by: Michael Reisman, Nigel Blackaby

ISBN13: 9789403523811
Published: April 2023
Publisher: Kluwer Law International
Country of Publication: Netherlands
Format: eBook (ePub)
Price: £139.00
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Arbitration Beyond Borders is an exceptional book elucidating the influential vision and work of the late Guillermo Aguilar Álvarez, one of the world’s leading arbitral innovators. He has left the principles and practice of international arbitration with a rich legacy of insight and achievement. Thirty-two eminent arbitrators and scholars review the key issues that concerned him and to which he often lent new clarity.

What’s in this book:

Every chapter sheds light on a cutting-edge issue of contemporary international arbitration, including the following:

  • ethical standards for party representatives in international arbitration
  • responsibilities of international arbitrators in the conduct of proceedings
  • alternatives to investment arbitration
  • corruption and “red flags” in international arbitration
  • abuse of rights in restructuring to access investment protection
  • foreign investment disputes under the United States–Mexico–Canada Agreement 2020
  • the illegality defense in investor-State arbitration;
  • arbitration and insolvency
  • status of annulled awards in investment arbitration, and
  • the arbitration “backlash”

Some of the most compelling technical and political considerations facing international arbitration today have been analyzed in depth by this book.

How this will help you:

The focus of this book will enable arbitrators and those involved in the arbitral process, as well as academics in the field, to be well-equipped to address crucial issues arising during the conduct of any international commercial or investment arbitration.

Subjects:
eBooks, Arbitration and Alternative Dispute Resolution
Contents:
Preface
Chapter 1. International Commercial Arbitration and National Courts: Reflections on a Complex but Indispensable Relationship
W. Michael Reisman & Brian M. Richardson
Chapter 2. Anatomy of a Case Dealing with (Negative and Positive) Recognition Claims of Awards: Some Considerations on Legitimate Interest and Linked Awards
David Arias & Oliver Cojo
Chapter 3. The Evolution of the Illegality Defense in Investor-State Arbitration: An Interpretation
Romain Zamour
Chapter 4. Defining and Enforcing Ethical Standards for Party-Representatives in International Arbitration
Chan Leng Sun SC
Chapter 5. The Reasons Requirement in State-State, Commercial and Investment Treaty Arbitration
Rocío Digón & Juan Pablo Hugues
Chapter 6. The Viability of the Alternatives to International Investment Law and Arbitration: International and Domestic Perspectives
Georgios Dimitropoulos
Chapter 7. Is There a Latin American Arbitration?: The Myth and Beyond
Eduardo Zuleta
Chapter 8. Arbitration and Insolvency: Important Aspects for Tribunals to Consider
Fernando Mantilla-Serrano
Chapter 9. The New NAFTA: Fulfilling Guillermo’s Dream?
Brian Jacobi & Sara McBrearty
Chapter 100. Internal and External Factors Fashioning Arbitral Authority
Horacio A. Grigera Naón
Chapter 11. The Governance of Arbitral Institutions: How to Improve Standards Through Accreditation
Juan Fernández-Armesto
Chapter 12. Proving Corruption in International Arbitration: The Utility of “Red Flags”
Edward G. Kehoe & Aloysius Llamzon
Chapter 13. Consent to Arbitration Given Through Investment Treaties
María Inés Corrá
Chapter 14. Legal Fictions in the Language of International Arbitration
Eduardo Silva Romero
Chapter 15. Law and Simplicity: The Art of the Samurai
Santiago Montt
Chapter 16. Les contre-procès internationaux dans l’histoire judiciaire contemporaine
Alexis Mourre
Chapter 17. Abuse of Rights in Corporate Restructuring: An Unruly Horse in Investment Treaty Arbitration?
Nartnirun Junngam & Amnart Tangkiriphimarn
Chapter 18. Policy-Oriented Analysis on Foreign Investment Disputes Within the USMCA Chapter 14: A Backlash on the Great Compact
Jaime Olaiz-González
Chapter 19. The Building of Space Environment: Note on Customary International Law in the Context of International Arbitration
Julien Cantegreil
Chapter 20. Arbitration in the Public Interest: Closing the Lacunae of International Justice
Dirk Pulkowski
Chapter 21. The International Arbitrators’ Responsibilities Regarding the Conduct of the Proceedings and the Applicable Law
Yves Derains
Chapter 22. Does an Annulled Award Constitute Legal Authority in Investment Arbitration?
Albert Jan van den Berg
Chapter 23. Can the Reasons for Reasons Rescue ICSID Annulment?
Scott Vesel
Chapter 24. Diversity and Inclusiveness in International Arbitration
Matteo M. Winkler & Mikaël Schinazi
Chapter 25. Against Stigma: How to Refute Negative Perception and Self-Reproach in Investment Treaty Arbitration and Fight Stigma in the Age of Global Arbitration
Karim A. Youssef