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Originally from:
Between East and West: Essays in Honour of Ulf Franke
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Some Reflections on Dispute Settlement in
Air, Space, and Telecommunication Law
Karl-Heinz Böckstiegel
I. PRELIMINARY NOTE
It is with great pleasure that I contribute to this book honoring
Ulf Franke. I have known Ulf for many years and we have met and
cooperated in a number of functions, particularly on cases of the
Stockholm Chamber, as members of the ICCA, and representing our
national arbitration institutions at various levels. On all these occasions,
cooperation with Ulf was professionally extremely efficient and personally
very pleasant. Ulf, in spite of his great knowledge and qualifications and
the highly important functions at the national and international level he
has held, has always kept a low profile personally and a "no-nonsense"
approach in addressing procedural and substantive problems. To his
peers, therefore, it is no surprise that, to a great part due to Ulf’s
leadership, the arbitration system of the Stockholm Institute has become--
as for example is illustrated by the Energy Charter Treaty--one of the
major players accepted worldwide for international commercial and
investment disputes.
II. THE TOPIC
Since my contacts and work with Ulf over the years have been
dealing with many of the usual fields and subjects of international
arbitration, commercial and investment arbitration, disputes between
states and investors, publications and conferences, particularly of the
ICCA, in this liber amicorum I will contribute some reflections regarding
dispute settlement in less common areas of the law of international
commercial and economic relations, i.e., air law, space law, and
telecommunication law. Obviously, in the limited context available here,
only some short and rather eclectic observations may be offered which,
however, may at least give an impression of what is happening and what
may be perspectives regarding dispute settlement in these lesser known
areas.
There is little need to explain the enormous and still growing volume
and relevance of air transport both at the national and international level
and that its legal framework both in domestic law, European law, and
Full Table of Contents from "Between East and West: Essays in Honour of Ulf Franke"
TABLE OF CONTENTS
FOREWORD
When -- If Ever -- Should Failure to Challenge an
Award before the Courts of the Seat Amount to a
Waiver of New York Convention Defences?
Frédéric Bachand
The Role of the Institution in Taming Electronic Disclosure
C. Mark Baker and Kinan H. Romman
Teaching International Arbitration in Law Faculties
Eric E. Bergsten
Some Reflections on Dispute Settlement in Air,
Space, and Telecommunication Law
Karl-Heinz Böckstiegel
Without Delay: Arbitrating in Six Months --
the German Approach for Expedited Proceedings
Jens Bredow
The Power and Effectiveness of Pre-arbitral Provisional Relief:
The SCC Emergency Arbitrator in Investor-State Disputes
Charles N. Brower, Ariel Meyerstein and Stephan W. Schill
Do Arbitration Rules Give the Tribunals Too
Much Freedom to Conduct International Arbitration
As They Think Fit?
Peter Scott Caldwell
Cross-Examination and International Arbitration
Bernardo M. Cremades and David J. A. Cairns
ICSID, UNCITRAL and SCC As Investment Fora
Hans Danelius
Towards a Unified Approach to the Law
Applicable to the Arbitration Agreement in
United States Courts
Donald Francis Donovan and David W. Rivkin
Institutional Commercial Arbitration from the Inside
Diana C. Droulers
Arbitration in Arab Countries
Abdel Hamid El Ahdab
Ulf Franke -- Thirty-five Years and Afterwards
Johan Gernandt
Voluntary Solutions to Procedural Problems
Lars Göthlin and Mattias Bexelius
Pre-Dispute Waivers of Investment Treaty Arbitration:
A Practical Approach
Jeffrey Hertzfeld and Barton Legum
Are Parties Entitled to Agree on the Application of
the UNCITRAL Model Law in a Contract Providing
for Arbitration in Sweden?
Lars Heuman
Taking Evidence Abroad in International Arbitration
in the 21st Century
Martin Hunter and Andrey Panov
Determining the Parties' True Choice of the Seat
of Arbitration and Lex Arbitri
Michael Hwang and Darius Chan
Is There a Code of Conduct for Party-appointed
Experts in International Arbitration?
Mark Kantor
Les Anciens et les Modernes in International Arbitration:
Looking Back and Looking Forward
Pierre A. Karrer
Enforcement of SCC Arbitral Awards in CIS Countries:
Reflections on Arbitration History
Vladimir Khvalei
Remarks on the Development of International
Commercial Arbitration in Modern Russia
Alexander S. Komarov
Corruption in International Investment Arbitration:
Jurisdiction and the Unclean Hands Doctrine
Richard Kreindler
Discretion Pursuant to Article V of the New York Convention
Gustaf Möller
Ulf Franke, Stockholm Arbitration, and the Bridge to China
Michael J. Moser
Negative Inferences: An Arbitral Tribunal's Powers to
Draw Adverse Conclusions from a Party's Failure to
Comply with the Tribunal's Orders
Bo G.H. Nilsson
Reflection on What Is Special in an Arbitrator's Life
Piotr Nowaczyk
Participation in the ICSID Convention
Antonio R. Parra
Security for Costs in Investment Arbitration
Jakob Ragnwaldh and Nils Eliasson
Challenging Arbitrators' Fees Determined by
Arbitration Institutions
Jan Ramberg and Serge Lazareff
Incorporation and Passivity: Entering into Arbitration
Agreements under Swedish Law
Anders Reldén and Mattias Nilsson
Contractual Relations in Institutional Arbitration
Patrik Schöldström
The New SCC Emergency Arbitrator Rules
Patricia Shaughnessy
International Arbitration in Ukraine:
Yesterday, Today . . . Forever
Tatyana Slipachuk
The Parties' Contract with the Arbitration Institution
Christer Söderlund
Enforcement of SCC Arbitration Awards in China
Jingzhou Tao
Arbitration Guidelines: Straitjacket or Compass?
Hans van Houtte
Users, Courts, Arbitral Institutions -- And the Need for
Comparative Statistics
V.V. Veeder and Amy Sander
Improvement of the Civil Code of the Russian
Federation and Its Impact on Arbitration Practice
Nina Vilkova
Bringing Arbitration Closer to Company Management
and Boards: Can Arbitral Institutions Further
This Aspiration?
Carita Wallgren-Lindholm
What Can You Expect? The Role of Legitimate
Expectations in Investment Protection Disputes
Fred Wennerholm
The Impact of Document Production on the Efficiency
of Arbitration
Claes Zettermarck and Rikard Wikström
Procedural Aspects of the Activities of Institutional
Arbitration Bodies
Ivan S. Zykin