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International Commercial Arbitration And African States
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Book Synopsis International Commercial Arbitration and African States by : Amazu A. Asouzu
Download or read book International Commercial Arbitration and African States written by Amazu A. Asouzu and published by Cambridge University Press. This book was released on 2001-10-18 with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Commercial Arbitration and African States is a timely assessment of the arbitral process in the African context. The book focuses on the contribution that arbitration, and other methods of alternative dispute resolution, may make to the development of African states and peoples, while satisfying the legitimate expectations of inward investors and traders. Although focusing on dispute resolution regimes affecting or concerning African states and their nationals, the work will also have practical, policy and comparative implications for dispute resolution, commercial arbitration and foreign investment in other regions.
Book Synopsis Arbitration in Africa by : Lise Bosman
Download or read book Arbitration in Africa written by Lise Bosman and published by Kluwer Law International B.V.. This book was released on 2021-09-02 with total page 693 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Second Edition of this unprecedented volume assembles an updated and expanded country-by-country analysis – both practical and insightful – of how arbitration is conducted in forty-nine African countries, providing essential information about legislative provisions, treaty adherence, and arbitral procedure. Contributors include sought-after African arbitrators, distinguished practitioners, academics and institution-builders, all of whom are active in promoting the use of arbitration as a viable means of dispute resolution in Africa. Five sections representing the main regions of the continent, each with a substantive introductory chapter covering the major trends within that region, offer country overviews addressing issues such as the following: adherence to the key arbitration conventions; modernity of a State’s arbitration legislation and its compatibility with the UNCITRAL Model Law; particular features of arbitral practice in that jurisdiction (including responses to the COVID-19 pandemic); access to and (where available) statistics from local and regional arbitral institutions; significant arbitration-related national case law; and enforcement of foreign arbitral awards. A sixth section focuses on treaty-based investor-State arbitration against African States under the ICSID Convention, providing an empirical analysis of the experience and record of African States with investor-State arbitration in the period between 2010 and 2020. Useful tables and graphics of intra-African bilateral investment treaties, a list of ICSID proceedings involving African States, a list of treaty accession by African States, and other tabular features round out the volume. The first edition of this volume was welcomed by arbitration practitioners and legal academics everywhere as an essential guide to an emerging and important area of international arbitration practice. This second edition tracks the significant developments (in treaty accession, reform of arbitration legislation and developing case law) that have taken place over the past decade, and confirms that arbitration as a preferred method of dispute resolution is now firmly entrenched on the African continent.
Book Synopsis China-Africa Dispute Settlement by : Won Kidane
Download or read book China-Africa Dispute Settlement written by Won Kidane and published by Kluwer Law International B.V.. This book was released on 2011-11-02 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The nature and magnitude of the growth in China-Africa economic relations in recent years is unprecedented and extraordinary. According to recent estimates, the value of China’s trade with African nations grew from a mere USD 10 million in the 1980s to USD 55 billion in 2006, and to more than USD 100 billion by the end of 2009, at which time nearly 1,600 Chinese companies were doing business in Africa with a direct stock investment of about USD 7.8 billion. The accelerating impetus of China-Africa trade has overtaken some crucially important features of an effective trade regime, most notably a fully trustworthy dispute resolution system. It is the current and potential future efficacy of such a system that is taken up in this book with great understanding and skill. The author evaluates existing mechanisms of dispute resolution in all aspects of China-Africa economic relations in light of the parties’ economic and cultural profiles and their evolving legal traditions, and goes on to propose a comprehensive institutional model of dispute resolution that takes full account of the economic needs and legal cultures of both China and the various African countries. Among the topics and issues that arise in the course of the book are the following: suitability of the WTO’s dispute resolution mechanism for China-Africa trade relations; domestic, bilateral, regional, and multilateral law sources affecting China-Africa commerce; the role of intra-Africa bilateral investment treaties; competing interests that underpin international investment law; relevant legal, economic, and political challenges and cultural barriers; permissible scope of regional trade regimes; national treatment versus duty to compensate; and harmonization initiatives—model laws, incoterms, restatements. The author includes in-depth analysis of how China-Africa economic relations fare in the varieties of dispute resolution methods available at the major arbitral European and American institutions—ICSID, AAA, ICC, LCIA, PCA—as well as under the rules of the China International Economic and Trade Arbitration Commission (CIETAC) and the important arbitral fora in Cairo, Kuala Lumpur, and Lagos. Endorsing institutional arbitration as the most appropriate form of resolving trade, investment, and commercial disputes arising between China and African countries, this ground-breaking analysis outlines the obstacles and shortcomings of the available means of dispute settlement, both in international and domestic contexts, and offers deeply informed recommendations for improvement of the existing system. Although the book will be welcomed by interested scholars and practitioners for its detailed discussion of how China-Africa trade relations are situated within the global trade regime, its most enduring value lies in its thorough evaluation of the available options and its proposals for structuring a legal framework within which future disputes will be effectively resolved.
Book Synopsis The Transformation of Arbitration in Africa by : Emilia Onyema
Download or read book The Transformation of Arbitration in Africa written by Emilia Onyema and published by Kluwer Law International B.V.. This book was released on 2016-09-17 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Given the dynamic growth of African economies and the expansion of cross-border trade and commerce, the need for readily accessible African arbitral institutions has become increasingly urgent. Accordingly, this book not only offers an in-depth analysis of the role arbitration centres based in African cities currently play throughout the continent but also defines and recommends ways in which they can emerge as a major and indispensable factor in the growth and development of commerce in Africa. Administrators of arbitration institutions from a variety of African countries offer insightful appraisals and suggestions directed to promoting the development and delivery of efficient, effective arbitration services to users across the continent. Among the issues and topics covered are the following: • types of arbitration institutions available in Africa; • viability and sustainability of these institutions; • institutions’ relationship with government; • quality of service; • performance of arbitration institutions in their respective countries and regions; • national laws that regulate arbitration in Africa’s fifty-four states; • extent of collaboration with foreign institutions; • provision of functional facilities, transcription services, hearing rooms, document handling, and managerial and translation services; • marketing activities and strategies; • mending the disconnect between Francophone and Anglophone countries; • role of the Common Court of Justice and Arbitration (CCJA); and • necessity of overcoming foreign negative perceptions and bias. The book was inspired by an arbitration conference hosted by the African Union Commission at its headquarters in Addis Ababa in July 2015. As a contribution to the discussion of the role arbitration and arbitration institutions can play in transforming the legal landscape in African countries for the resolution of commercial disputes – indeed, the entire discourse on legal efficiency and access to justice in African countries – this book will prove invaluable to practitioners and academics in international commercial arbitration within and beyond the continent. Its emphasis on the creation of a facilitative, supportive, and conducive cultural and infrastructural environment as a mechanism for commercial dispute resolution in Africa and for the practice of arbitration in Africa will appeal to in-house counsel, external legal advisors, consultants, arbitral institutions, arbitrators, and government policymakers.
Book Synopsis Rethinking the Role of African National Courts in Arbitration by : Emilia Onyema
Download or read book Rethinking the Role of African National Courts in Arbitration written by Emilia Onyema and published by Kluwer Law International B.V.. This book was released on 2018-06-07 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the increase in commercial transactions within the fifty-four independent African states and at the international level, it has become apparent that most of the legal framework for arbitration across the continent require reform. Accordingly, in recent years, as this first in-depth treatment of arbitration in Africa shows, jurisprudence from national courts of various African jurisdictions demonstrates that the courts are becoming more pro-arbitration and judges increasingly better understand that their role is to support or complement the arbitral process. This book documents the second SOAS Arbitration in Africa conference held in Lagos in June 2016. In thirteen lucid chapters, African practitioners and academics and European specialists in African legal and arbitral systems provide a remarkably thorough overview of the relation of courts and arbitration in the continent. Among the matters that arise for discussion are the: • disposition of courts in Africa towards arbitration, whether supportive or interventionist; • involvement of courts in the arbitral process before, during, and after an award has been rendered; • publication and access to arbitration-related decisions from African courts; • enforcement of annulled awards in African states under the New York Convention; • prospects for the establishment of a pan-African investment court; and • how foreign courts (particularly in the United States, France, and Switzerland) perceive African arbitration. Because of the wide range of developmental stages among Africa’s numerous court and legal systems, Part I of the book explores generic issues relevant to courts and arbitration, followed by detailed descriptions, including court decisions, of the situation in eight specific jurisdictions – Egypt, South Africa, Sudan, Mauritius, Nigeria, Ghana, Rwanda, and Kenya. The authors of these latter chapters are legal practitioners and academics from each of these countries. Throughout this book, policy recommendations for improving access to court decisions and laws in African states are brought to the fore. In its expertise-based advocacy for a mutually harmonious and supportive co-existence for arbitration and litigation in the context of the complexities and peculiarities of African states – and its confrontation of the predominantly negative perception that often leads to ‘arbitration flight’ from the continent – this book helps companies, investors, and their advisors to base their decisions on facts and not perceptions. It will be of great value to practising lawyers in arbitration as counsel or arbitrators, companies doing transnational business, global law firms, government officials, and academics in the field.
Book Synopsis International Arbitration and the Rule of Law by :
Download or read book International Arbitration and the Rule of Law written by and published by Kluwer Law International B.V.. This book was released on 2017-09-22 with total page 1120 pages. Available in PDF, EPUB and Kindle. Book excerpt: Volume 19 of the Congress Series contains the proceedings of ICCA's 2016 Mauritius Congress, the first ICCA Congress held in Africa. In this volume, renowned practitioners, scholars and jurists from the region and around the world explore the contribution of arbitration to the rule of law and economic development; the conformity of arbitration with international standards of due process and the rule of law; and the benefits and challenges of arbitration in Africa. Topical issues of interest for practitioners, academics and students of arbitration - in the region and internationally - include: • Due process issues in constituting the arbitral tribunal and challenging its members • Interim measures issued by arbitral tribunals and domestic courts • Burden, standard and types of proof in the corruption defence • What to do (and what to avoid doing) to prepare a persuasive case • Do post-award remedies ensure conformity of the arbitral process with the rule of law? • Do rules and guidelines properly regulate the conduct of arbitration? • The interface between domestic courts and arbitral tribunals • What are appropriate remedies for findings of illegality in investment arbitration? • The effect of foreign national court judgments relating to the arbitral award • What does the future hold for investment arbitration in Africa and beyond?
Book Synopsis Arbitration in Africa by : Eugene Cotran
Download or read book Arbitration in Africa written by Eugene Cotran and published by Springer. This book was released on 1996-12-23 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration in Africa contains the edited and, where applicable, updated papers of the inaugural conference of the Pan African Council of the London Court of International Arbitration, held in Nairobi, Kenya on 7-8 December, 1994. This title is the first to focus attention on the role and development of arbitration within Africa and provides the reader with details of the laws of arbitration in a wide variety of African countries. Part One contains a general overview of international commercial arbitration worldwide. The remainder of the book focuses on arbitration within nations throughout Commonwealth Africa (East, West, Central and Southern), Arab North Africa and Francophone Africa. Issues raised include the historical background of arbitration in the various African states, The status and development of arbitration, challenges to arbitration, As well as regional and international arbitration legislation and institutions. Appendix One contains the text of the laws of those African countries which have adopted the UNCITRAL Model Law. Appendix Two provides a list of African countries which are party To The New York Convention of 1958, The Convention on the Settlement of Investment Disputes (ICSID) of 1965 And The Convention establishing the Multilateral Investment Guarantee Agency (HISA) of 1985. The contributors to this volume are all highly experienced in the field of international arbitration and arbitration law in Africa. The work includes a foreword by Lord Mustill. This title is of interest to arbitrators practising in, or involved with Africa, To investors and business people with interests in the region, and to those interested in arbitration generally.
Book Synopsis African States and International Commercial Arbitration by : Amazu Anthony Asouzu
Download or read book African States and International Commercial Arbitration written by Amazu Anthony Asouzu and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis International Commercial Law from a South African Perspective by : Jörg Walter Haase
Download or read book International Commercial Law from a South African Perspective written by Jörg Walter Haase and published by . This book was released on 2003 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis International Commercial Arbitration and the Arbitrator’s Contract by : Emilia Onyema
Download or read book International Commercial Arbitration and the Arbitrator’s Contract written by Emilia Onyema and published by Routledge. This book was released on 2010-04-05 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the formation, nature and effect of arbitrators' contract, addressing topics including the appointment, challenge, removal and duties and rights of arbitrators. This book also examines the practice of various jurisdictions including the USA, England, China, Argentina and Nigeria, alongside relevant case law from the ICSID and the PCA.
Book Synopsis International Commercial Arbitration by : Gary B. Born
Download or read book International Commercial Arbitration written by Gary B. Born and published by Kluwer Law International B.V.. This book was released on 2020-11-23 with total page 5388 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Commercial Arbitration is an authoritative 4,250 page treatise, in three volumes, providing the most comprehensive commentary and analysis, on all aspects of the international commercial arbitration process that is available. The Third Edition of International Commercial Arbitration has been comprehensively revised, expanded and updated, To include all legislative, judicial and arbitral authorities, and other materials in the field of international arbitration prior to June 2020. It also includes expanded treatment of annulment, recognition of awards, counsel ethics, arbitrator independence and impartiality and applicable law. The revised 4,250 page text contains references to more than 20,000 cases, awards and other authorities and will enhance the treatise’s position as the world’s leading work on international arbitration. The first and second editions of International Commercial Arbitration have been routinely relied on by courts and arbitral tribunals around the world ((including the highest courts of the United States, United Kingdom, Singapore, India, Hong Kong, New Zealand, Australia, the Netherlands and Canada) and international arbitral tribunals (including ICC, SIAC, LCIA, AAA, ICSID, SCC and PCA), e.g.: U.S. Supreme Court – GE Energy Power Conversion France SAS, Corp. v. Outokumpu Stainless USA, LLC, 590 U.S. - (U.S. S.Ct. 2020); BG Group plc v. Republic of Argentina, 572 U.S. 25 (U.S. S.Ct. 2014); Canadian Supreme Court – Uber v. Heller, 2020 SCC 16 (Canadian S.Ct.); Yugraneft Corp. v. Rexx Mgt Corp., [2010] 1 R.C.S. 649, 661 (Canadian S.Ct.); U.K. Supreme Court – Jivraj v. Hashwani [2011] UKSC 40, ¶78 (U.K. S.Ct.); Dallah Real Estate & Tourism Holding Co. v. Ministry of Religious Affairs, Gov’t of Pakistan [2010] UKSC 46 (U.K. S.Ct.); Swiss Federal Tribunal – Judgment of 25 September 2014, DFT 5A_165/2014 (Swiss Fed. Trib.); Indian Supreme Court – Bharat Aluminium v. Kaiser Aluminium, C.A. No. 7019/2005, ¶¶138-39, 142, 148-49 (Indian S.Ct. 2012); Singapore Court of Appeal – Rakna Arakshaka Lanka Ltd v. Avant Garde Maritime Servs. Ltd, [2019] 2 SLR 131 (Singapore Ct. App.); PT Perusahaan Gas Negara (Persero) TBK v. CRW Joint Operation, [2015] SGCA 30 (Singapore Ct. App.); Larsen Oil & Gas Pte Ltd v. Petroprod Ltd, [2011] SGCA 21, ¶19 (Singapore Ct. App.); Australian Federal Court – Hancock Prospecting Pty Ltd v. Rinehart, [2017] FCAFC 170 (Australian Fed. Ct.); Hague Court of Appeal – Judgment of 18 February 2020, Case No. 200.197.079/01 (Hague Gerechtshof); Arbitral Tribunals – Lao Holdings NV v. Lao People's Democratic Republic I, Award in ICSID Case No. ARB(AF)/12/6, 6 August 2019; Gold Reserve Inc. v. Bolivarian Republic of Venezuela, Decision regarding the Claimant’s and the Respondent’s Requests for Corrections, ICSID Case No. ARB(AF)/09/1, 15 December 2014; Total SA v. The Argentine Republic, Decision on Stay of Enforcement of the Award, ICSID Case No. ARB/04/01, 4 December 2014; Millicom Int'l Operations B.V. v. Republic of Senegal, Decision on Jurisdiction of the Arbitral Tribunal, ICSID Case No. ARB/08/20, 16 July 2010; Lemire v. Ukraine, Dissenting Opinion of Jürgen Voss, ICSID Case No. ARB/06/18, 1 March 2011.
Book Synopsis Dealing with Bribery and Corruption in International Commercial Arbitration by : Emmanuel Obiora Igbokwe
Download or read book Dealing with Bribery and Corruption in International Commercial Arbitration written by Emmanuel Obiora Igbokwe and published by Kluwer Law International B.V.. This book was released on 2023-01-10 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Arbitration Law Library, Volume 65 International commercial arbitration is by no means free from bribery and corruption. Although a plethora of legal scholarship clearly affirms this contention, a thorough study on the particularly important question of the authority and duty of international commercial arbitrators to investigate a suspicion or indication of bribery or corruption sua sponte ¬– that is, on their own initiative – has been surprisingly lacking. This important book fills this gap, inter alia, by locating sua sponte authority in the position of arbitral tribunals in establishing the facts of a case and ascertaining and applying the applicable normative standards. In addition to providing a comprehensive examination of how the issue of bribery and corruption is dealt with in contemporary international commercial arbitration, the book also highlights the role of arbitrators in global efforts to combat transnational commercial bribery and corruption. Among others, the following critical issues are thoroughly investigated: arbitrability of issues of public interests; intermediary contracts; role of arbitrators in the fact-finding process; party autonomy versus overriding mandatory rules; iura novit curia in international commercial arbitration in the context of bribery and corruption; notion of transnational (or ‘truly international’) public policy; arbitrators’ duty to act as guardians of international commerce; investigative tools available to arbitrators; dealing with manifestly recalcitrant parties; possible consequences of violating the obligation to sua sponte investigate; and the view from developing countries. The analysis leans primarily on Swiss law, as Switzerland is one of the most important jurisdictions in international commercial arbitration; Switzerland has also been involved in some of the most famous and controversial arbitration cases wherein bribery and corruption became an issue. However, the study also includes a comparative analysis of the relevant laws, jurisprudence, and doctrine of other major arbitration venues, particularly England, France, and Germany. Not only in the light it sheds on how and whether international commercial arbitrators have hitherto justified the trust States have placed in them regarding the protection of the public interests but also in the practical solutions it offers arbitrators faced with issues of bribery and corruption, this deeply researched book equips arbitration practitioners and arbitration institutions with a hitherto lacking in-depth analysis on the question of sua sponte investigation. It also provides invaluable insights on how this issue might affect the future, legitimacy and expansion of this dispute settlement mechanism. Outside the field of arbitration, the book also provides jurists, legal scholars, in-house counsel for companies doing transnational business and public officials with highly enlightening perspectives on the interaction between international commercial arbitration and public interests.
Book Synopsis Alternative Visions of the International Law on Foreign Investment by : C. L. Lim
Download or read book Alternative Visions of the International Law on Foreign Investment written by C. L. Lim and published by Cambridge University Press. This book was released on 2016-03-03 with total page 531 pages. Available in PDF, EPUB and Kindle. Book excerpt: These essays pay tribute to Muthucumaraswamy Sornarajah's illustrious career and explore alternative visions of international investment law and arbitration.
Download or read book The Flame Rekindled written by Sam Muller and published by BRILL. This book was released on 2023-12-11 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: Among the aims of the United Nations Decade of International Law is the promotion of the means and methods for the peaceful settlement of disputes between states. In the previous volume, The United Nations Decade of International Law, Reflections on International Dispute Settlement, the editors contributed to this aim by bringing together a variety of opinions by international legal experts on the topic, with an emphasis on the role of the International Court of Justice. This time, the editors turn their attention to international arbitration and the role of the Permanent Court of Arbitration. It also explores the prospects for pre-constituted, non-ad hoc arbitral institutions which may be considered in the general framework of peaceful settlement of disputes between states, as well as between states and other actors (commercial arbitration) in the present day international system, through the process of international adjudication. Like the previous volume, this book is a valuable contribution towards the promotion of the United Nations Decade of International Law.
Book Synopsis The Culture of International Arbitration by : Won Kidane
Download or read book The Culture of International Arbitration written by Won Kidane and published by Oxford University Press. This book was released on 2017 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although international arbitration has emerged as a credible means of resolution of transnational disputes involving parties from diverse cultures, the effects of culture on the accuracy, efficiency, fairness, and legitimacy of international arbitration is a surprisingly neglected topic within the existing literature. The Culture of International Arbitration fills that gap by providing an in-depth study of the role of culture in modern day arbitral proceedings. It contains a detailed analysis of how cultural miscommunication affects the accuracy, efficiency, fairness, and legitimacy in both commercial and investment arbitration when the arbitrators and the parties, their counsel and witnesses come from diverse legal traditions and cultures. The book provides a comprehensive definition of culture, and methodically documents and examines the epistemology of determining facts in various legal traditions and how the mixing of traditions influences the outcome. By so doing, the book demonstrates the acute need for increasing cultural diversity among arbitrators and counsel while securing appropriate levels of cultural competence. To provide an accurate picture, Kidane conducted interviews with leading international jurists from diverse legal traditions with first-hand experience of the complicating effects of culture in legal proceedings. Given the insights and information on the rules and expectations of the various legal traditions and their convergence in modern day international arbitration practice, this book challenges assumptions and can offer a unique and useful perspective to all practitioners, academics, policy makers, students of international arbitration.
Book Synopsis Private International Law in Commonwealth Africa by : Richard Frimpong Oppong
Download or read book Private International Law in Commonwealth Africa written by Richard Frimpong Oppong and published by Cambridge University Press. This book was released on 2013-09-12 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive and comparative examination of private international law in Commonwealth Africa. It offers an unrivalled breadth of coverage in its examination of the law in Botswana, the Gambia, Ghana, Kenya, Lesotho, Malawi, Namibia, Nigeria, Sierra Leone, South Africa, Swaziland, Tanzania, Uganda, Zambia and Zimbabwe. The book is clearly and logically structured - it is organised around broad themes or issues, with country reports and accompanied by detailed commentaries. Drawing on nearly 1500 cases decided by courts in these countries and numerous national statutes, this book covers the four cornerstones of private international law: jurisdiction, choice of law, foreign judgements and arbitral awards enforcement, and international civil procedure. The author also provides an extensive bibliography of the literature on African private international law. Scholars and practitioners alike will find Private International Law in Commonwealth Africa invaluable and illuminating.
Book Synopsis Carbonneau on International Arbitration by : Thomas E. Carbonneau
Download or read book Carbonneau on International Arbitration written by Thomas E. Carbonneau and published by Juris Publishing, Inc.. This book was released on 2011-01-01 with total page 564 pages. Available in PDF, EPUB and Kindle. Book excerpt: The chapters of this volume represent the majority of Professor Carbonneau’s scholarly writings on the subject of international commercial arbitration. They reflect his interest over the course of thirty years of law-teaching in international litigation, comparative law, and-of course - international arbitration. Some of the chapters are of a recent vintage, while others were written a decade or two ago. Whatever their date of production, the chapters have a continuing professional interest. Each addresses some of the major issues of trans-border arbitration law. A number of chapters emphasize the importance of courts in developing and maintaining a legal culture that is hospitable to arbitration. The work of the courts has been instrumental to the reception of arbitration in the United States and in several European jurisdictions. The courts can “make or break” arbitration by upholding arbitration agreements and enforcing arbitral awards. Other chapters underscore that arbitration can operate as a complete legal system. It not only provides workable trial procedures, but arbitrators can also create law in their rulings. With the addition of an internal arbitral appellate mechanism, arbitrations can function with almost absolute independence. The world law on arbitrations seems to favor the “a-national” and “a-juridical” operation of the arbitral process. A few of the chapters recognize that arbitration is being increasingly employed to resolve political or mixed political and commercial disputes. Investment arbitration and BITs are the most recent expression of this development; it had been apparent in WTO and NAFTA dispute resolution. The Iran-U.S. Claims Tribunal presented the first great occasion for assessing the vocation of arbitration in a mixed dispute situation. While arbitration has made significant inroads in this area, political sovereignty remains resistant to the imposition of limitations. In many less visible “political” cases, determinations are nonetheless made and rendered enforceable. The concluding chapters address more specific developments in the field of ICA. A number of cases point to the strong, perhaps overweening, support of the judiciary for arbitration. The courts in some jurisdictions support arbitration unequivocally and are bent upon a single outcome no matter the impact on doctrine. Lawyer presence in the arbitral process has lead to increased formalization in some proceedings. The “judicialization” of arbitration tilts the process toward the protection of rights and hinders its ability to function effectively and reach finality. Lawyers can readily misunderstand and undermine the gravamen of arbitration. The concluding chapters also establish that the UK Arbitration Act 1996 is one of the world’s outstanding arbitration statutes. It rivals and bests the UNCITRAL Model Law on ICA and is the equal of the French codified law on arbitration. Finally, the express text of the New York Arbitration Convention appears to have been altered significantly by court practice. The possible limitations of national law have been neutralized and the provisions of the Convention articulate a truly trans-border regulation of the enforcement of awards. In sum, the chapters in this book reflect the author's lifetime work in the area of international arbitration and are required reading for all those practicing in the field- law students, arbitrators, academics and practicing lawyers.
