Arbitrating for Peace


Book Description

Although short of attaining the ideal of a ‘substitute for war’, arbitration has largely succeeded in peacefully resolving international disputes. Beyond that, arbitral commitments and arbitral processes have deepened civilized and cooperative international relations, promoted the development of international law and international institutions, and facilitated the well-being of mankind in multiple important ways. Particulars of that proposition are set forth in this one-of-a-kind book. Each of the fourteen chapters is devoted to one landmark international arbitration case, primarily state-to-state but also includes commercial disputes with geopolitical dimensions. Each chapter is written by a practitioner and/or academic of high international standing. The project was initiated by the Stockholm Chamber of Commerce, which celebrates its centennial in 2017. By focusing on landmark cases, the book contributes to a continued dynamic development of dispute resolution in complicated or sensitive geopolitical contexts, and demonstrates how arbitration has and can continue to play an important role for international relations. Practitioners, political decision makers, and academics in any part of the world with an interest in international arbitration and international law or political history and policy on an international level will find it not only deeply informative but also immensely useful.




Words Over War


Book Description

The international community can creatively and aggressively address deadly conflict through mediation, arbitration, and the development of international institutions to promote reconciliation. The editors of this book designed a systematic framework with which contributors compare third party intervention in twelve conflicts of the post-Cold War period. They examine the role of international organizations--the United Nations, international development banks, and international law institutions--and they analyze the tools and forms of leverage in successful and unsuccessful mediations. Based on the case studies, the editors identify the most effective institutions, make recommendations for improving interventions, and elucidate several important insights into the mediation process and the role of the international community in dispute resolution.




Arbitration Law of Canada


Book Description

Arbitration Law of Canada provides the busy lawyer and arbitrator with a handy day to day reference work. This is a comprehensive treatise on the law and practice of arbitration in Canada. The text covers all aspects of commercial arbitration: when to choose arbitration; how to draft an effective arbitration clause; how to choose an arbitrator; the legal and practical aspects of arbitrating in Canada under both the UNCITRAL Model Law as well as domestic legislation, and enforcing awards in Canada, regardless of the jurisdiction in which they were made. The book covers arbitration law in all the Canadian Provinces. It is not only a definitive legal text, but has been designed and organized to be a handy reference text for arbitration practitioners. The second edition includes a revised and expanded index, a complete index of cases, and a number of additional "practice notes". The chapters dealing with court involvement in arbitration, challenges and recognition of awards, have been extensively revised to take into account the numerous court decisions released since the last edition.




The Three Ages of International Commercial Arbitration


Book Description

A unique history of modern international commercial arbitration theory and practice, this book draws on a wide range of sources from the eighteenth century to the present. It sets out the origins and evolution of the modern regime of international arbitration, the International Chamber of Commerce and current controversies.




World Peace Through Law


Book Description

This book deals with the history and future of the concept of ‘world peace through law’ (WPTL), which advocates replacing the use of international force with the global rule of law. WPTL calls for replacing war with the global rule of law by arms reductions, including the abolition of nuclear weapons, global alternative dispute resolution mechanisms, and various enforcement mechanisms. This book sets forth a three-part proposal: 1) arms reductions – primarily the abolition of nuclear weapons, with necessarily concomitant reductions in conventional forces; 2) a four-stage system of global alternative dispute resolution (ADR), utilizing both law and equity; 3) adequate enforcement mechanisms, including a UN Peace Force. The core of this proposal is alternative dispute resolution mechanisms—international ADR. International ADR would consist of a four-stage process of compulsory negotiation, compulsory mediation, compulsory arbitration., and compulsory adjudication by the World Court. The fundamental proposition of this book is that the use of alternatives to war, global ADR, is the ultimate solution to the problem of peace. The full implementation of WPTL will entail a vast array of progressive initiatives on many fronts, including abolition of nuclear weapons, with the global rule of law being the capstone to all of these developments. This book will be of great interest to students of peace studies, arms control, international law, and world politics.







The Cambridge Companion to International Arbitration


Book Description

A convenient single volume introduction to international arbitration written by experts, including discussion of the latest developments.




Arbitration in the Digital Age


Book Description

Arbitration in the Digital Age analyses how technology can be efficiently and legitimately used to further sound arbitration proceedings. The contributions, from a variety of arbitration scholars, report on current developments, predict future trends, and assesses their impact from a practical, legal, and technical point of view. The book also discusses the relationship between arbitration and the Internet and analyses how social media can affect arbitrators and counsel's behaviour. Furthermore, it analyses the validity of electronic arbitration and awards, as well as Online Arbitration (OArb). The volume establishes, on a very practical level, how technology could be used by arbitration institutions, arbitrators, parties to an arbitration and counsel. This book will be of special interest to arbitrators and lawyers involved in international commercial arbitration.




The Peaceful Settlement of International Disputes


Book Description

This book offers students a clear and systematic overview of procedures for peaceful dispute settlement in international law.




International Arbitration: Law and Practice


Book Description

International Arbitration: Law and Practice (Third Edition) provides comprehensive and authoritative coverage of the basic principles and legal doctrines, and the practice, of international arbitration. The book contains a systematic, but concise, treatment of all aspects of the arbitral process, including international arbitration agreements, international arbitral proceedings and international arbitral awards. The Third Edition guides both students and practitioners through the entire arbitral process, beginning with drafting, enforcing and interpreting international arbitration agreements, to selecting arbitrators and conducting arbitral proceedings, to recognizing, enforcing and seeking to annul arbitral awards. The book is written in clear, accessible language, suited for both law students and non-specialist practitioners, as well as more experienced readers. This highly regarded work addresses both international commercial arbitration and the related fields of investment and state-to-state arbitration and is essential reading for any student of international arbitration and any practitioner seeking a complete introduction to the field. The Third Edition has been comprehensively updated to include recent legislative amendments, judicial decisions and arbitral awards. Among other things, the book provides detailed treatment of the New York Convention, the UNCITRAL Model Law on International Commercial Arbitration, all leading institutional arbitration rules (including ICC, SIAC, LCIA, AAA and others), the ICSID Convention and ICSID Arbitration Rules, and judicial decisions from leading jurisdictions. The Third Edition is integrated with the author’s classic International Commercial Arbitration and with the online Born International Arbitration Lectures, enabling students, teachers and practitioners to explore particular topics in more detail. About the Author: Gary B. Born is the world’s leading authority on international arbitration and litigation. He has practiced extensively in both fields in Europe, the United States, Asia and elsewhere. He is the author of International Commercial Arbitration (Kluwer Law International 3rd ed. 2021), International Arbitration and Forum Selection Agreements: Drafting and Enforcing (Kluwer Law International 6th ed. 2021), International Commercial Arbitration: Cases and Materials (Aspen 3rd ed. 2021) and International Civil Litigation in United States Courts (Aspen 6th ed. 2018).