International Arbitration and the Rule of Law: Contribution and Conformity
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?
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PREFACE, Andrea Menaker, General Editor
ICCA CONGRESS 2018
International Arbitration: The Big Picture
Sir Anerood Jugnauth, G.C.S.K.; K.C.M.G; Q.C.
Keynote Address to International Council for Commercial Arbitration Congress
Plenary Session One International Arbitration and Its Contribution to the Rule of Law
Chair: Andrea Menaker
Abdulqawi A. Yusuf
The Contribution of Arbitration to the Rule of Law – The Experience of African Countries
Does Arbitration Contribute to the Rule of Law?
Moderator: Andrea Menaker
Rapporteur: Manish Aggarwal
Arbitration for Peace – The Iran-United States Claims Tribunal
Inter-State Arbitration of Disputed Sovereignty and Maritime Delimitation Issues
The Contribution of Investment Arbitration to the Rule of Law
Debate: To What Extent Does International Arbitration Foster Economic Development?
Moderator: Meg Kinnear
Rapporteur: Kennedy Melly
Improving the Impact of International Arbitration on Economic Development
Philip J. McConnaughay
The Potential of Private Commercial Arbitration for Facilitating Economic Growth in Less Developed Countries
A. PRACTICE STREAM
A-1. Constituting the Tribunal & Challenging Its Members: Due Process Issues and Concerns
Moderator: John M. Ohaga
Due Process Considerations in the Constitution of Arbitral Tribunals
Three Scenarios That Raise Due Process Issues
A-2. Interim Measures Issued by Arbitral Tribunals and Domestic Courts
Moderator: Justice Shaheda Peeroo
Interim Measures Issued by Arbitral Tribunals and Domestic Courts – A South African Perspective
Emergency Arbitrators: Characters in Search of Author
A-3.The Corruption Defense: Burden, Standard, and Types of Proof
Moderator: Vladimir Khvalei
Claus von Wobeser
The Corruption Defense and Preserving the Rule of Law
Domitille Baizeau and Tessa Hayes
The Arbitral Tribunal’s Duty and Power to Address Corruption Sua Sponte
Duplicity in Corruption and Arbitration: Dealing with the Evidentiary Gap
A-4. How to Prepare a Persuasive Case:
10 Things to Do and to Avoid When
(i) Preparing Written Submissions,
(ii) Examining Witnesses, and
(iii) Presenting Oral Argument
Moderator: Barton Legum
Toby T. Landau QC
Dysfunctional Deliberations and Effective Advocacy
David J. A. Cairns
The Premises of Witness Questioning in International Arbitration Annex: Ten Proposals for Effective Advocacy
How to Prepare a Persuasive Case: The Ten Commandments
A-5. Do Post-award Remedies Appropriately Ensure Conformity of the Arbitral Process with the Rule of Law?
Moderator: Malcom Holmes
Conformity of the Arbitral Process with the Rule of Law in the Context of Post-award Remedies
Annex I: Arbitration Centres in Africa
Annex II: African Signatories to the 1958 New York Convention
Sae Youn Kim and Marieke Minkkinen
An Asian Perspective on the Enforcement of Annulled Awards
Do Post-award Remedies Appropriately Ensure Conformity of the Arbitra