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International Arbitration and the Rule of Law. Contribution and Conformity by MENAKER

International Arbitration and the Rule of Law: Contribution and Conformity

Edited by Andrea Menaker


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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?
Pages 1120
Last Updated 09/22/2017
Update Frequency As Needed
Product Line Kluwer Law International
ISBN 9789041194459
SKU 10059273-0001
Table of Contents

PREFACE, Andrea Menaker, General Editor


Special Addresses

Mohamed ElBaradei
International Arbitration: The Big Picture

Sir Anerood Jugnauth, G.C.S.K.; K.C.M.G; Q.C.
Special Address

Ban Ki-moon
Keynote Address to International Council for Commercial Arbitration Congress

Lord Hoffmann
Closing Address

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

Part A
Does Arbitration Contribute to the Rule of Law?

Moderator: Andrea Menaker
Rapporteur: Manish Aggarwal

Karl-Heinz Böckstiegel
Arbitration for Peace – The Iran-United States Claims Tribunal

Loretta Malintoppi
Inter-State Arbitration of Disputed Sovereignty and Maritime Delimitation Issues

Payam Akhavan
The Contribution of Investment Arbitration to the Rule of Law

Part B
Debate: To What Extent Does International Arbitration Foster Economic Development?

Moderator: Meg Kinnear
Rapporteur: Kennedy Melly

Amanda Rawls
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-1. Constituting the Tribunal & Challenging Its Members: Due Process Issues and Concerns

Moderator: John M. Ohaga

Charles Nairac
Due Process Considerations in the Constitution of Arbitral Tribunals

Sarah Grimmer
Three Scenarios That Raise Due Process Issues

A-2. Interim Measures Issued by Arbitral Tribunals and Domestic Courts

Moderator: Justice Shaheda Peeroo

Des Williams
Interim Measures Issued by Arbitral Tribunals and Domestic Courts – A South African Perspective

Daniel Levy
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

Abdulhay Sayed
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

Brigitte Stern
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

Kamal Shah
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

Daphna Kapeliuk
Do Post-award Remedies Appropriately Ensure Conformity of the Arbitra