ICC Dossiers Volume 3
Parallel State and Arbitral Procedures in International Arbitration, prepared by the ICC Institute of World Business Law, addresses one of the most sensitive issues in arbitral procedures, when commercial arbitrations conflict with other commercial arbitrations, or investment arbitrations, or with court proceedings, or when the same dispute gives rise to distinct arbitration proceedings, which then risk leading to contradictory awards.
We repeatedly see a form of Arbitral Forum Shopping which may generate public policy problems. Rather than investigating the theoretical solution of establishing a worldwide appeal system for arbitration awards, this Dossier aims to analyse the possible existences of a consistent case law on the matter.
The ICC Institute of World Business Law brings together the finest legal minds to strengthen links between international business practitioners and the legal profession. The Institute’s ‘Dossiers’ is a series that has gained international prestige. These Dossiers are the outcome of the Institute’s annual meetings, where experts from around the globe come together to discuss salient issues of international commercial law and arbitration.
An ICC Services publication, distributed by Kluwer Law International.
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FOREWORD By Serge Lazareff, Chairman, ICC Institute of World Business Law
INTRODUCTION By Bernardo M. Cremades, Co-Editor
Contract and treaty claims and choice of forum in foreign investment disputes by Bernardo M. Cremades and David J.A. Cairns
Contractual claims and treaty claims within the ICSID arbitration System by Ahmed S. El-Kosheri
Some observations on the role of the state in investor-state dispute settlement: Horizontal issues still over the horizon by Daniel M. Price
Consolidation of arbitral and court proceedings in investment disputes by Antonio Crivellaro
Parallel arbitrations – Waivers and estoppel by Luiz Olavo Baptista
Arbitral forum shopping by Richard H. Kreindler
Lis pendens arbitralis by Francisco Orrego Vicuña
Res judicata and estoppel by Audley Sheppard
Parallel arbitration proceedings – Duties of the arbitrators: some reflections and ideas by Kaj Hobér
The impact of parallel and successive proceedings on the enforcement of arbitral awards by David W. Rivkin
Parallel proceedings in international arbitration – challenges and realities By Julian D.M. Lew, Co-Editor
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