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eBook - Parallel State and Arbitral Procedures in International Arbitration

Price: $95.00
Item No.: 692 eBook
ISBN: 978-92-842-1352-8

THIS IS AN eBOOK.  AFTER COMPLETING THE ORDER PROCESS, AN EMAIL WITH DOWNLOAD INSTRUCTIONS WILL BE SENT TO YOU.
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Pub No. 692 eBook

2005 Edition

320 pages
 

In recent years, international arbitration procedures have made great strides to bring into line different traditions of law and practice.  However, considerable problems remain.  The aim of the new publication, Parallel State and Arbitral Procedures in International Arbitration prepared by the ICC Institute of World Business Law, is to give the reader a thorough picture of the practical issues raised by the conflicts arising when there is more than one arbitration on identical or very similar facts, and where only one party differs, and when arbitrations run in parallel with state legal proceedings.

The Issues

When a commercial arbitration takes place along with other commercial or investment arbitrations - or national court legal proceedings - a number of sensitive issues are raised, such as 

  • The same dispute can lead to contradictory awards.
  • There is a risk of arbitral forum shopping, which can generate public policy problems.
  • Issues of waiver and estoppel can arise.
There is a need for both arbitrators and practitioners to better understand these conflicts and why they need to be addressed.  The present volume lays out the issues in a practical, transparent, easy-to-understand way.
 
Table of Contents

1.  Contract and Treaty Claims and Choice of Forum in Foreign Investment Disputes

2.  Contractual Claims and Treaty Claims with the ICSID arbitration system

3.  Some Observations on the Role of State in Investor-State dispute settlement

4.  Consolidation of Arbitral and Court Proceedings in Investment Disputes 

5.  Parallel Arbitrations - Waivers and Estoppel

6.  Arbitral Forum Shopping

7.  Lis Pendens Arbitralis

8.  Res Judicata and Estoppel

9.  Parallel Arbitration Proceedings - Duties of the Arbitrators: Some Reflections and Ideas

10. The Impact of Parallel and Successive Proceedings on the Enforcement of Arbitral Awards

11. Parallel Proceedings in International Arbitration, Challenges and Realities
About the Authors
Written by expert arbitrators and practitioners, some of whom are affiliated with ICC's Court of Arbitration, one of the world's oldest and most respected international arbitration institutions, Parallel Procedures is an indispensable guide for arbitrators, lawyers and anyone with an interest in arbitration procedures.   

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