This book focuses on the process of arbitration between States and private persons. On the basis of an examination of this process - particularly the manner through which tribunals are created and by which they render judgment - the author assesses the role of the parties, the relative importance of their interests, the sources of law and the role of the adjudicator. Part One is an exploration of some central difficulties, both theoretical and practical, that arise in mixed international arbitration. In the forefront of these is the question of the applicable law and particularly the question of the delocalisation of both the procedural and the substantive law. Part Two contains extensive studies of the three most important regimes of mixed international arbitration currently in operation:- the International Chamber of Commerce, the World Bank Centre for the Settlement of Investment Disputes and the Iran-US Claims Tribunal.
Sprache
Verlagsort
Zielgruppe
Maße
Höhe: 252 mm
Breite: 162 mm
Dicke: 39 mm
Gewicht
ISBN-13
978-0-521-46318-8 (9780521463188)
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Schweitzer Klassifikation
Preface; Table of cases; Abbreviations; 1. Introduction; Part I. Central Problems: 2. Possibilities for the delocalisation of arbitral procedural law; 3. Possibilities for the delocalisation of substantive law: the illusion of 'stabilisation'; 4. The recognition and enforcement of international arbitral awards between states and foreign private persons; 5. Remedies available to mixed international arbitral tribunals: Part II. The Principal Examples of Institutional Mixed Arbitration: 6. International Chamber of Commerce arbitration: private disputes and the public interest; 7. ICSID arbitration: avoiding the politicisation of disputes; 8. The Iran-United States Claims Tribunal: nature and function; 9. The Iran-United States Claims Tribunal: its role and contribution to the theory and practice of international arbitration; 10. Cautions and prescriptions; Index.