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Jurisdiction, Admissibility and Choice of Law in International Arbitration: Liber Amicorum Michael Pryles by KAPLAN

Jurisdiction, Admissibility and Choice of Law in International Arbitration: Liber Amicorum Michael Pryles

Edited by Neil Kaplan, Michael Moser
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Overview

About this book:

Jurisdiction, Admissibility and Choice of Law in International Arbitration, as the name suggests, discusses the jurisdiction, admissibility and choice of law provisions applied in the arbitration. These three elements play a prominent role in administering arbitration proceedings and are oft-cited in several awards and court decisions, particularly in cases transcending boundaries. In light of the growing demand for international arbitration, there is a need for literature to discuss these elements and analyse how they are applied across various jurisdictions. Although there are books available on each of these factors separately, this book specializes in analysing all these three aspects together.

This book is a collection of essays in honour of the distinguished international lawyer Michael Pryles, who launched a meteoric career as an arbitrator after many years of teaching and writing on conflicts of law and other topics and made a mark on arbitral law and practice that is recognized worldwide.

What’s in this book:

In this book, over forty prominent arbitrators and arbitration scholars offer insightful essays on the above-mentioned thorny matters and examine specific issues and topics such as the following:

  • res judicata;
  • investment arbitration;
  • free trade agreements;
  • party autonomy;
  • application of provisional measures;
  • issue estoppel;
  • evidentiary inferences;
  • interim measures;
  • emergency and default proceedings;
  • the intersection of financing and jurisdiction;
  • consolidation of cases; and
  • non-contractual claims.

How this will help you:

Remarkable for its roster of highly distinguished contributors, this book is the only in-depth treatment of its subject. By turns thought-provoking and practical, this book is bound to appeal to and be put to use by arbitrators and other lawyers, who handle international cases, to gain insight into the factors involved in affecting arbitral decisions. This book also proves to be of great value to global law firms and companies doing transnational business to confidently maze through the complex arbitral laws around the globe and is of great academic interest.

Publish Date 03/27/2018
Product Line Kluwer Law International
ISBN 9789041186263
SKU 10058126-0001
Table of Contents

Editors

Contributors

Preface

CHAPTER 1
The Law Governing Res Judicata in International Commercial Arbitration
Gary Born, Cavinder Bull SC, Jonathan Lim & Eunice Chan

CHAPTER 2
Assignments ‘Mid-Arbitration’: Some Practical Considerations
Christopher Lau SC

CHAPTER 3
Exploring the Interpretative and Jurisdictional Consequences of Including an Investment Chapter in a Free Trade Agreement
Christopher Thomas QC, Sarah Lim & Emily Choo

CHAPTER 4
The Temptation of Domesticity: An Evolving Challenge in Arbitration
The Hon. Justice Clyde Croft

CHAPTER 5
Interaction of Laws in International Arbitration: An Asian Perspective
Tan Sri Dato’ Cecil Abraham, Aniz Ahmad Amirudin & Daniel Chua Wei Chuen

CHAPTER 6
Balancing Party Autonomy, Jurisdiction and the Integrity of Arbitration: Where to Draw the Line?
Sir David A.R. Williams KNZM, QC & Anna Kirk

CHAPTER 7
Jurisdictional Findings on Provisional Measures Applications in International Arbitration
Donald Francis Donovan, David W. Rivkin & Christopher K. Tahbaz

CHAPTER 8
Work in Progress: Res Judicata and Issue Estoppel in Investment Arbitration
Gavan Griffith QC & Isabella Seif

CHAPTER 9
Choosing the Law Governing the Arbitration Agreement
Ian Glick QC & V. Niranjan

CHAPTER 10
Evidentiary Inferences: Do Choice of Law and Seat Make a Difference?
Karyl Nairn QC, Timothy G. Nelson & Paula F. Henin

CHAPTER 11
Legal Criteria for Granting Relief in Emergency Arbitrator Proceedings: Where Are We Now and Where Do We Go from Here?
Kap-You (Kevin) Kim & Bhushan Satish

CHAPTER 12
Unintended Consequences
Klaus Reichert SC

CHAPTER 13
Mandatory Laws: Getting the Right Law in the Right Place
Lawrence G.S. Boo & Adriana Uson Ong

CHAPTER 14
Intra-EU BITs: Competence and Consequences
Lord (Peter) Goldsmith QC, PC & Boxun Yin

CHAPTER 15
Consolidation of Cases at ICSID
Chrysoula Mavromati & Meg Kinnear

CHAPTER 16
The Chimera of Admissibility in International Arbitration
Michael Hwang SC & Lim Si Cheng

CHAPTER 17
Res Judicata and the “Could Have Been Claims”
Bernard Hanotiau

CHAPTER 18
The Substantive Rights of Parties in Arbitration: Voie Directe and Voie Indirecte
Doug Jones AO

CHAPTER 19
ICANN’s Dispute Resolution Mechanisms: With Great Power Comes Great Responsibility
Klaus Sachs & Friederike Maria Fronius

CHAPTER 20
Practices, Arbitral Duties and Effects of Awards in Default Proceedings
Julian Lew QC

CHAPTER 21
The Law Applicable to Non-contractual Claims in International Commercial Arbitration
Simon Greenberg

CHAPTER 22
Life after Death: The Arbitral Tribunal’s Role Following Its Final Award
Stuart Isaacs QC

CHAPTER 23
Jurisdiction, Admissibility and Choice of Law in International Arbitration
V.V. Veeder QC

CHAPTER 24
A Principled Approach Towards the Law Governing Arbitration Agreements
Wendy J. Miles QC & Nelson Goh

Index

Volumes