History and Development of Interstate Arbitration - Chapter 1 - Essays on International Arbitration

Author(s):

Kaj I. Hobér

Page Count:

56 pages

Media Description:

PDF from "Essays on International Arbitration"

Published:

November, 2005

Jurisdictions:

United States

Practice Areas:

International Litigation,

States as Parties,

Sources of Arbitration Law

Author Detail:

Kaj Hobér is a Partner of Mannheimer Swartling, resident Stockholm office and Professor of East European Commercial Law at Uppsala University, Uppsala. His practice areas include: international arbitration, East European law, international investment and trade, international business transactions. He has been heavily involved in the legal aspects of doing business in Eastern Europe and the former Soviet Union for the last 20 years. His arbitration experience includes representing both eastern and western European, American and Russian parties as well as parties from developing countries in international arbitrations taking place in Stockholm, Moscow, London, Paris, New York, Vienna and elsewhere. Mr. Hobér has also been involved in numerous oil arbitrations, relating primarily to northern Africa, the Middle East and the former Soviet Union and has acted as arbitrator in more than 150 international arbitrations (including chairmanships) and as counsel in approximately 150 international arbitrations.

Professional memberships include: member of the Swedish Bar Association; member of the American Bar Association; member of the Board of the Swedish Scientific Institute of Arbitration Law, the Board of the Arbitration Institute of the Stockholm Chamber of Commerce, the International Arbitration Club (London) and member of the ICC Institute of International Business and Law (corresponding member). He has been listed as arbitrator on the panels of the Austrian Federal Chamber of Commerce, Vienna, the Chamber of Commerce and Industry of the Russian Federation, Moscow, the Ukrainian Chamber of Commerce, Kiev, the American Arbitration Association and of the ICSID Arbitration Center, Washington DC. He is also a Commissioner at the United Nations Compensation Commission in Geneva.

PDF203.16 KB

$40.00

Description:

Originally from Essays on International Arbitration

The modern era of international arbitration, in the opinion of the vast majority of scholars and commentators, dates from the signing of the Jay Treaty on 19 November 1794 between Great Britain and the United States. Needless to say, arbitration had been used as a dispute settlement mechanism by states prior to this date. In fact, it has been suggested that an arbitration clause was included in a peace treaty concluded in 3100 BC between the two Mesopotamian states Lagash and Umma. Prior to the Jay Treaty, however, arbitrations were generally considered to be “irregular and spasmodic”. Throughout history – also prior to the Jay Treaty of 1794 – arbitration has been used to settle disputes between states, albeit that it is doubtful with respect to many such arbitrations if they can really be characterized as arbitrations in the “modern” sense, i.e. as an impartial dispute settlement mechanism. Indeed, it is doubtful if international law, as we know it today, existed. It should also be noted that during the fourteenth to seventeenth centuries arbitration more or less fell into desuetude and did not revive until towards the end of the eighteenth century.

Table of Contents:

1. History and Development of Interstate Arbitration

1.1 Introduction

1.2 The Jay Treaty Arbitrations (1794)

1.3 Post Jay Treaty Arbitrations (1795 - 1870)

1.4 The Alabama Claims Arbitration

1.5 The last decades of the 19th century (1875 - 1899)

1.6 The Hague Peace Conferences and beyond (1899 - 1920)

1.7 The Treaty of Versailles and the League of Nations (1920 - 1940)

1.8 Post Second World War Arbitrations and Developments

1.9 Concluding Remarks