International Arbitration and International Commercial Law: Synergy Convergence and Evolution
Over the last half-century, as UNCITRAL official, professor, arbitrator and father of the Willem C. Vis Arbitration Moot, Eric Bergsten has been at the forefront of progress in international commercial arbitration. Now, on the occasion of his eightieth birthday, the international arbitration and sales law community has gathered to honour him with this substantial collection of new essays on the many facets of the field to which he continues to bring his intellect, integrity, inquisitive nature, eye for detail, precision, and commitment to public service.
Celebrating the long-standing and sustained contribution Eric Bergsten has made in international commercial law, international arbitration, and legal education, more than fifty colleagues – among them quite a few of the best-known arbitrators and arbitration academics in the world – present 45 pieces that, individually both engaging and incisive, collectively present a thorough and far-reaching account of the state of the field today, with contributions covering
- international sales law,
- commercial law,
- commercial arbitration,
- and investment arbitration.
In addition, nine essays on issues in legal education mirror the great importance of the renowned Willem C. Vis International Commercial Arbitration Moot, Eric’s Vienna project which has offered a life-changing experience for so many young lawyers from all over the world.
Although the book was planned as a token of appreciation and gratitude, the perspectives and insights that emerged as this substantial and authoritative collection of essays took shape offer immeasurable promise to the community of arbitration professionals. The book will be consulted for decades to come.
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Part One: International Sales Law and International Commercial Law .
Chapter 1. Iura Novit Curia in International Commercial Arbitration: How Much Justice Do You Want? C.P. Alberti.
Chapter 2. The TransLex Principles: An Online Research Tool for the Vis Moot and International Arbitration; K.P. Berger.
Chapter 3. The ‘Gateway’ Problem in International Commercial Arbitration; G.A. Bermann.
Chapter 4. The Influence of the English Language: A Gradual Acceptance of Anglo-American Legal Culture in International Arbitration; S.H. Elsing.
Chapter 5. The Latest Developments in Commercial Arbitration in Romania; G. Florescu, C. Florescu .
Chapter 6. Pathological Arbitration Clauses: Another Lawyers’ Nightmare Come True; D. Girsberger, P.J. Ruch.
Chapter 7. Bringing Efficiency to the Awarding of Fees and Costs in International Arbitrations; J. Gotanda.
Chapter 8. Competence-Competence and Separability: American Style; J. Graves, L. Davydan.
Chapter 9. Adverse Inferences in International Arbitral Practice; S. Greenberg, F. Lautenschlager.
Chapter 10. The UNCITRAL Notes on Organizing Arbitral Proceedings: Time for an Update? P. Habegger, A. von Mühlendahl.
Chapter 11. Arbitration Is Only as Good as Its Arbitrators; Lord Hacking.
Chapter 12. The Commercial Way to Justice; G. M. Beresford Hartwell .
Chapter 13. The Judicialization of International Arbitration: Does the Increasing Introduction of Litigation-Style Practices, Regulations, Norms and Structures into International Arbitration Risk a Denial of Justice in International Business Disputes? G.J. Horvath.
Chapter 14. Problems at Both Ends; N. Kaplan.
Chapter 15. Law, Para-Regulatory Texts and People in International Arbitration: Predictability or Fureur Reglementaire? P.A. Karrer.
Chapter 16. The Evolving Role of an Appointing Authority; C. Kee .
Chapter 17. The Arbitration Agreement in Enforcement Proceedings of Foreign Awards; S. Kröll.
Chapter 18. Cross-Border Insolvency and Arbitration: Which Consequences of Insolvency Proceedings Should Be Given Effect in Arbitration? V. Lazic.
Chapter 19. Arbitral Seats: Choices and Competition; L. Mistelis .
Chapter 20. Are Unilateral Appointments Defensible? On Jan Paulsson’s Moral Hazard in International Arbitration; A. Mourre.
Chapter 21. (In)appropriate Compromise: Article 16(3) of the Model Law and Its Progeny; V. Pavic.
Chapter 22. Moral Damages in International Investment Arbitration; I. Schwenzer .
Chapter 23. A Uniform, Three-step Approach to Interest Rates in International Arbitration; M. Secomb.
Chapter 24. ‘(In)arbitrability and Exclusive Jurisdiction’: Parallels that Matter; A. Uzelac.
Chapter 25. Can Proceeding ‘Not in Accordance with the Agreement of the Parties’ Be Condoned? Remarks on Article V(1)(d) of the New York Convention; T. Varady.
Chapter 26 . Corruption in International Arbitration and Problems with the Standard of Proof: Baseless Allegations or Prima Facie Evidence? S. Wilske, T. Fox .
Part Two: International Commercial and Investment Arbitration.
Chapter 1 . The Principle of Debtor Protection under the UN Convention on the Assignment of Receivables; O. Akselis .
Chapter 2. Consequences of Avoidance under the CISG; M. Dimsey