About the Book:
The Leading Arbitrators' Guide to International Arbitration - 2nd Edition is completely revised and expanded in this all new edition. It offers thoughtful advice and insights into the world of international arbitration from some of the most prominent and experienced international arbitrators in the world. The contributors are arbitrators from Australia, Belgium, Canada, Chile, Denmark, England, France, Germany, Italy, The Netherlands, Italy, Spain, Sweden, Switzerland and the USA.
The contributors offer insights and advice on the way in which international arbitrations are carried out from the point of view of arbitrators reading pleadings and memorials and listening to witnesses and hearing arguments. The authors' discussions are intended to be thoughtful, insightful and useful - and perhaps, occasionally, iconoclastic. As a result, there may be instances in which the authors disagree with one another on certain points. This is to be expected for there are often many routes that can be taken to achieve a result.
ABOUT THE AUTHORS
The History of International Commercial Arbitration -- A Sketch
The Tribunal's Appointment
The Party-Appointed Arbitrator: Further Reflections
Andreas F. Lowenfeld
The Role of the Chairman
The Duties of an Arbitrator
Controlling Time and Costs in Arbitration
Objections to Jurisdiction
Interference by National Courts
Organizing an International Arbitration: Practice Pointers
Albert Jan van den Berg
The Role of the Arbitrator in Determining the Applicable Law
ADR and Arbitration
David W. Plant
The Civil Law Approach to Discovery: A Comparative Overview of the Taking of Evidence in the Anglo-American and Continental Arbitration Systems
Determining the Extent of Discovery and Dealing with Requests for Discovery: Perspectives from the Common Law
Charles N. Brower & Jeremy K. Sharpe
Whose Arbitration is it Anyway: The Parties or the Arbitration Tribunal -- An Interesting Question?
V. V. Veeder
The Conduct of the Hearings
Advocacy in International Arbitration
C. Mark Baker
Cross-Examination in International Arbitration -- Opportunities and Challenges
Lawrence W. Newman
Assessing Expert Evidence
Dana H. Freyer
Assessing Damages in International Arbitration: Practical Considerations
The Tribunal's Deliberations
L. Yves Fortier
The Arbitral Award
Bernardo M. Cremades
Non-Signatures and International Arbitration
William W. Park
Annulment and Enforcement of International Arbitral Awards: A Practical Perspective
Responsibility of Arbitrators and Arbitral Institutions
Pierre A. Karrer
The Ethics of International Arbitrators
Catherine A. Rogers
Arbitration Involving States
Arbitrating Investment Disputes
Francisco Orrego Vicuña
Arbitrating International Construction Disputes
International Arbitration in Oil, Gas and Energy
Thomas W. Wälde
Perspectives of Future Development in International Arbitration
Praise for The Leading Arbitrators' Guide to International Arbitration:
"This book is not about self-congratulatory war stories. The editors, Lawrence W. Newman and Richard Hill, are to be commended for producing an extremely valuable collection of personal insights from a diverse group of leading arbitrators[....]
The essays cover some of the most difficult and discreet problems in international arbitration. Some of the essays consist of broad overviews of a subject, some take a specific problem and examine it from several angles. What they have in common is insight that can only be distilled from experience and from the generous spirit of the authors sharing it. As the authors will frequently acknowledge in their essays, these problems do not always have one right or wrong answer; rather, they require a careful application of discretion and a deep understanding of a full spectrum of competing interests and diverse legal cultures[...]
The insider's knowledge shared by The Leading Arbitrator's Guide to International Arbitration is a generous effort towards helping to expand the group of 'usual suspects' and to impart expert insight to a future generation of arbitrators."
- Arbitration International, Vol. 25, No.1
"What distinguishes The Leading Arbitrators' Guide from earlier writings is its practical - and practice-oriented - approach. Not since the 1996 UNCITRAL Notes on Organizing Arbitral Proceedings has so much expertise been garnered and made available to the international community in such a useful format. There are pointers on the selection of arbitrators and invaluable advice on acting as an arbitrator - whether as chair or party-appointee. Several authors provide first-hand insight into the chair’s general duties in organizing and managing the proceedings, while others focus on particular phases - hearing, deliberation, and drafting of the award. Nor have the contributors neglected many of the important procedural issues that frequently confront international arbitrators, such as discovery, interim measures, and confidentiality. The Leading Arbitrators’ Guide to International Arbitration reveals how the best-known arbitrators exercise that discretion, and illuminates many of the norms underlying this exercise. It is sure to become a well-thumbed handbook at law schools, law firms and arbitral institutions."
- Tjaco T. van den Hout, Former Secretary-General, Permanent Court of Arbitration, The Hague
"The Leading Arbitrators' Guide to International Arbitration, is a truly exciting set of essays by some of the world’s leading international arbitrators addressing the central questions confronting those involved in or studying the arbitration of international disputes. Whether as experienced or beginning counsel, arbitrator, arbitration institution, courts with arbitration cases, or student of the field, this single volume work of twenty-two essays is not to be missed. It covers in a most practical fashion with practical advice a large number of procedural problems, and certain important theoretical issues as well. This is a book not to be missed by participants in, and students of, the international arbitral process. The issues addressed in this volume are indeed the central issues of international arbitration, and they are addressed by outstanding arbitrators in the most thoughtful of ways. Their contributions to the literature of the field will be long-lasting."
- Arthur Rovine, Retired Partner, Baker & McKenzie; Past President of the American Society of International Law (ASIL) and Former Chairman of the International Law Section of the American Bar Association (ABA)
"The Leading Arbitrators' Guide to International Arbitration is a unique and invaluable resource. Substantively first rate, it covers the full gamut of international arbitration issues - from appointment of the panel through enforcement of the award, dissecting nettlesome issues of jurisdiction, discovery, interim measures and annulment. The volume simultaneously furnishes unique insight into the thinking of the leading international arbitrators who are the authors."
- Gregory P. Joseph is a Fellow of the American College of Trial Lawyers and former Chair of the Section of Litigation of the ABA. He formerly Chaired the Litigation Department at Fried, Frank, Harris, Shriver & Jacobson in New York.
"With such a range of topics and a constant dual approach - relevant laws and rules coupled with either practical illustrations and/or pragmatic guidelines - the book should prove invaluable to those serving as international arbitrators, and also, as pointed out by L.W. Newman in his introduction, to those acting as advocates seeking to persuade arbitrators - including the authors themselves."
- ASA Bulletin
"The editors, themselves leading arbitration practitioners, and the contributors have done an admirable job in maintaining consistency in approach and tone despite the diversity of authorship, background and subject matter. Throughout, the writers bring a wealth of experience and knowledge in identifying issues that can and have arisen in the real world. While there are not always easy solutions, readers will benefit from the cautionary remarks, advice and pointers derived from the writers’ many years of actual experience.
The contributors are too many to name. Suffice it to say that the book delivers on its promise, as a guide by leading arbitrators."
-Arbitration, Vol. 75, No. 2