Contemporary Problems in International ArbitrationJulian D. M. Lew Brill Archive, 10 nov. 1987 - 380 pages The establishment of a School of International Arbitration was a sufficiently important occurrence to have brought to London, for its inaugural conference, most of the world's leading experts on international arbitration. The three-day Symposium on March 25-27, 1985 sought to identify and consider the It was not the aim contemporary problems affecting international arbitration. of the Symposium to develop, propose or agree solutions to these problems, but rather to discuss the issues and alternative solutions. The success of the School will be measured in the future by its contribution, through research and teaching, to the development of solutions to the difficulties and uncertainties which reduce the effectiveness of international arbitration agreements and awards and the conduct of international arbitral proceedings. This book reproduces the papers presented at the Symposium (amended and varied by several contributors). It is not considered appropriate here to comment on or analyse paper by paper the ideas presented or discussions which ensued. However, it would be appropriate to make reference to specific developments in the short period since the Symposium directly relevant to the papers reproduced and the discussions which ensued. The pertinence of the subject-matter selected becomes clear from these subsequent developments. |
Table des matières
Glossary of terms | ix |
Table of Statutes | xxv |
Rules | xxxviii |
The birth of the School of International Arbitration | 9 |
ICSID arbitration | 23 |
States in the international arbitral process | 40 |
Determination of arbitrators jurisdiction and the public policy limitations | 73 |
The sources and limits of the arbitrators powers in England | 86 |
parties | 241 |
Disputes between states and foreign companies | 250 |
AH Hermann | 264 |
Settlement of disputes within the framework of foreign debt rescheduling | 279 |
some practical | 289 |
Sovereign immunity and transnational arbitration | 313 |
Enforcement of arbitral awards in Eastern Europe | 332 |
enforcement of foreign commercial arbitration awards | 353 |
The law applicable to the merits of the dispute | 101 |
The law governing the agreement and procedure in international | 126 |
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Expressions et termes fréquents
agreed amiable compositeur applicable law appointment Arab Arab League arbitral awards arbitral institutions arbitral tribunal Arbitration Act Arbitration Act 1979 arbitration agreement arbitration clause arbitration proceedings arbitrator's arising Article authority Bank choice of law claim Clunet considered contract countries Court of Appeal Court of Arbitration decide decision Delaume dispute documents droit economic English court English law entities EURODIF evidence foreign awards Government Ibid ICC arbitration ICC Award ICC Court ICC Rules ICSID arbitration Immunity Act 1978 immunity from execution immunity from jurisdiction international arbitration International Commercial Arbitration international law international trade investment issue lawyers legal systems legislation lex mercatoria Libyan Lloyd's Rep matters national courts national law organisation paragraph parties place of arbitration powers practice principle provides public policy question recognition and enforcement reference relating relevant remedies Republic Saudi Arabia settlement sovereign immunity transnational treaties UNCITRAL UNCITRAL Arbitration Rules United Washington Convention York Convention