Arbitration's Age of Enlightenment? - Couverture rigide

Couverture rigide

ISBN 10 : 9403513772 ISBN 13 : 9789403513775

Editeur : Kluwer Law International, 2023

Synopsis

Directly presenting the considered views of a broad cross-section of the international arbitration community, this timely collection of essays addresses the criticism of the arbitral process that has been voiced in recent years, interpreting the challenge as an invitation to enlightenment. The volume records the entire proceedings of the twenty-fifth Congress of the International Council for Commercial Arbitration (ICCA), held in Edinburgh in September 2022.

Topics range from the impact of artificial intelligence to the role of international arbitration in restraining resort to unilateralism, protectionism, and nationalism. The contributors tackle such contentious issues as the following:

• time and cost;

• gender and cultural diversity;

• confidentiality vs. transparency;

• investor-State dispute settlement procedures;

• the proposed establishment of a permanent international investment court system;

• how cross-fertilisation across different disciplines may impact international arbitration;

• determining whether a document request seeks documents that are relevant and material to the outcome of a dispute;

• whether we would be better off if investment arbitration were to disappear; and

• implications for international arbitration of the Russian invasion of Ukraine.

There is consideration of global issues that are likely to give rise to disputes in the future, including climate change, environmental protection, access to depleting water resources, energy and mining transition, and human rights initiatives. Several contributions focus on developments in specific countries (China, India) and regions (Africa, the Middle East).

Arbitrators, corporate counsel, and policymakers will appreciate this opportunity to engage with current thinking on key issues in international commercial and investment arbitration, especially given the diversity of thought presented by authors from all over the world.

A propos du livre

À propos de l'auteur

Mr. Cavinder Bull SC is the Chief Executive Officer of Drew & Napier LLC. He is also Vice-President of the SIAC Court of Arbitration. He is called to the bars of Singapore, New York and England and Wales. He handles both investor-state cases and commercial cases as arbitrator or counsel. He has published work in the areas of international arbitration and contract law. Beyond arbitration, he has held a number of appointments including being a member of the Securities Industries Council of Singapore and the Advisory Council to the Faculty of Law of the National University of Singapore. Ms. Loretta Malintoppi is dually qualified (Paris and Rome Bars) and has been registered to practise as a Foreign Lawyer in Singapore since 2012. She practised in the Paris office of Eversheds from 1991 until 2012 and thereafter in the Singapore office until 2016. Loretta joined 39 Essex Chambers in January 2017. She acts as counsel, advocate and arbitrator in international commercial and investment arbitration and has represented private companies, States and State entities in proceedings under a variety of arbitration rules, including ICSID, ICC, UNCITRAL SIAC, LCIA and DIAC. Mr. Constantine Partasides KC has appeared as counsel on some of the largest commercial arbitrations of the last decade, many of which relate to the energy sector. He has been named as one of the ‘top 20’ individuals in the world of arbitration each year since 2011 in ‘Who’s Who’ of Commercial Arbitration. He is a co-author of the fourth, fifth and sixth editions of the leading textbook on international arbitration, Redfern and Hunter on International Arbitration. He is a solicitor-advocate (Higher Courts Civil) and was appointed Queen’s Counsel in 2014.

Détails de l'édition

• Éditeur: Kluwer Law International
• Date d'édition: 2023
• Langue: anglais
• ISBN 10: 9403513772
• ISBN 13: 9789403513775
• Reliure: Relié
• Nombre de pages: 1104
• Éditeur: Bull Cavinder, Malintoppi Loretta, Partasides Constantine
• Coordonnées du fabricant: non disponible
• Personne responsable: non disponible