Concise International Arbitration
1st Edition
Published on 7. January 2010
Book
Hardback
1132 pages
978-90-411-2609-2 (ISBN)
Description
Although the market for information on international arbitration is growing increasingly competitive, until now there has been a singular lack of a short, direct guide of manageable size that focuses on answering the essential questions that inevitably arise. The reality of international arbitration practice is that practitioners often work in an array of jurisdictions, under differing rules and different conventions. Therefore, rather than focusing on the rules of a particular institution, a particular country, or a particular convention, the article-by-article commentary in Concise International Arbitration offers the reader a swift understanding of all provisions of the leading arbitration instruments.
Concise International Arbitration is part of Kluwer Law International's 'Concise' series. These publications have proven enormously valuable to busy practitioners who require a succinct, accessible and authoritative commentary on the most commonly-used instruments, unencumbered by dense legal argument. Each book in the series breaks down the relevant texts by article and by each paragraph of the article, followed by one or more notes. The intention is to give the reader a rapid appreciation of the meaning and effect of each provision and to point in the right direction should further information (e.g., case law) be needed.
In this book, key practitioners offer clear, to-the-point commentary on the following arbitral instruments:
New York Convention;
ICSID Convention;
UNCITRAL Rules;
ICSID Rules;
ICC Rules;
LCIA Rules;
AAA-ICDR Rules;
CIETAC Rules;
UNCITRAL Model Law;
Chinese Arbitration Law 1994;
English Arbitration Act 1996;
French Code of Civil Procedure 1976; and
Swiss Private International Law Act 1989.
As a reliable, quick-reference tool in situations where the reader is not closely familiar with, or needs to be reminded of the effect of a particular legal provision and how it relates to other provisions, Concise International Arbitration is unmatched. It will be greatly appreciated by courts, arbitrators, counsel to arbitration, attorneys, in-house lawyers, arbitration institutions, and academics.
Concise International Arbitration is part of Kluwer Law International's 'Concise' series. These publications have proven enormously valuable to busy practitioners who require a succinct, accessible and authoritative commentary on the most commonly-used instruments, unencumbered by dense legal argument. Each book in the series breaks down the relevant texts by article and by each paragraph of the article, followed by one or more notes. The intention is to give the reader a rapid appreciation of the meaning and effect of each provision and to point in the right direction should further information (e.g., case law) be needed.
In this book, key practitioners offer clear, to-the-point commentary on the following arbitral instruments:
New York Convention;
ICSID Convention;
UNCITRAL Rules;
ICSID Rules;
ICC Rules;
LCIA Rules;
AAA-ICDR Rules;
CIETAC Rules;
UNCITRAL Model Law;
Chinese Arbitration Law 1994;
English Arbitration Act 1996;
French Code of Civil Procedure 1976; and
Swiss Private International Law Act 1989.
As a reliable, quick-reference tool in situations where the reader is not closely familiar with, or needs to be reminded of the effect of a particular legal provision and how it relates to other provisions, Concise International Arbitration is unmatched. It will be greatly appreciated by courts, arbitrators, counsel to arbitration, attorneys, in-house lawyers, arbitration institutions, and academics.
More details
Language
English
Place of publication
Zuidpoolsingel
Netherlands
Target group
Professional and scholarly
ISBN-13
978-90-411-2609-2 (9789041126092)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Person
Professor Loukas Mistelis, LLB (Athens), MLE (magna cum laude), Dr Iuris (summa cum laude) (Hanover), MCIArb, Advocate (Athens Bar)
Clive M Schmitthoff Professor of Transnational Commercial Law and Arbitration
Loukas Mistelis is a member of the CCLS [new window] where he is Director of the School of International Arbitration. He teaches at the LLM programme and is the co-ordinator of the courses in International and Comparative Commercial Arbitration, International Trade and Investment Dispute Settlement, International Commercial Litigation and ADR. Loukas Mistelis has also developed directs our Diploma in International Arbitration by Distance Learning, the Diploma in International Mediation (ADR) by Distance Learning and the Diploma in International Arbitration, which is offered by CCLS in association with the Chartered Institute of Arbitrators.
Loukas is Secretary of the CISG-AC (Advisory Council of the Convention on Contract for the International Sale of Goods ) and co-ordinator of the Queen Mary Case Translation Programme, part of the CISG Database (IALL Website Award 2002). He studied law at Athens (LLB) Strasbourg (Certificate in International & Comparative Human Rights); Hanover (Magister Legum Europae and Dr. iuris) and Keio (Certificate in Japanese International Trade Law). He is a Member of the Athens Bar (since 1993). Besides English he is fluent in German and Greek, has good knowledge of French, and basic knowledge of Polish, Spanish and Russian. He maintains a selective arbitration and consulting practice in respect of international commercial and investment disputes, secured transactions and complex contractual matters, including e-commerce and technology matters. He has also participated in a number of experts groups, including for the UK Department of Trade and Industry, the International Chamber of Commerce, UNCITRAL and UNCTAD. He has been a Visiting Professor at Columbia University School of Law, Keio University in Tokyo and teaches at the NYU in London.
Research Interests
Loukas Mistelis' research focuses on international arbitration (in particular, the internationalisation of commercial arbitration, investment arbitration and harmonisation of arbitration procedure), international commercial transactions (in particular, long-term contracts, international sales and trade finance), secured transactions, comparative law (in particular, legal transplants and the role of the judiciary), unification of private aw, Central and Eastern European Law, and ADR.
Loukas Mistelis is member of the editorial Boards of Arbitration International and Global Arbitration Review and General Editor of the Oxford University Press Monograph Series in International Arbitration as well as an editor or Investmentclaims.com.
Publications Since 2001
World of Arbitration Reporter, (General co-editor with Laurence Shore), Huntington, New York: Juris Publications, 2009 (forthcoming)
Commentary on CISG, (Co-editor and co-author with Stefan Kröll, Pilar Perales and Peter Huber), C.H.Beck, 2009 (forthcoming)
Arbitrability in International Arbitration, (Co-editor and co-author with Stavros Brekoulakis), Kluwer International, 2008 (forthcoming)
Research Handbook in International Commercial Law, (Co-editor and co-author with Angie Raymond), Edgar Elgar Publications, 2009 (forthcoming)
Arbitration Insights (Co-editor with J. Lew), The Hague: Kluwer Law International, 2006, 536, ISBN 9041126066
Pervasive Problems in International Arbitration (Co-Editor with J. Lew), The Hague: Kluwer Law International, 2006, 391, ISBN: 9041124500 [URL]
Commercial Law: Perspectives and Practice (Co-editor with J. Lowry), London: LexisNexis Butterworths, 2006, 298, ISBN: 1405710071 [URL]
Reality Test: Current State of Affairs in Theory and Practice Relating to "Lex Arbitri", in Zivil- und Wirtschaftsrecht im Europäischen und Globalen Kontext / Private and Commercial Law in a European and Global Context - Festschrift für Norbert Horn zum 70. Geburtstag 1005 (K.P. Berger, G. Borges, H. Herrmann, A. Schlüter and U. Wackerbarth, eds., 2006), ISBN 978-3-89949-242-2
Arbitration Insights: Evolution and Themes, in Arbitration Insights 1 (L. Mistelis and J.D.M. Lew eds., Kluwer, 2006)
Workshop on Research, Teaching and Training in International Arbitration: An Introduction [2006] 22 Arbitration International 243-247, ISSN: 0957-0411 [URL]
Confidentiality and Third Party Participation in Investment Arbitration [2005] 21(2) Arbitration International 205-225, ISSN: 09570411 and in T. Weiler (Editor) International Investment Law and Arbitration: Leading Cases from the ICSID, NAFTA, Bilateral Treaties and Customary International Law, London: Cameron May: London, 2005, 169-199, ISBN: 1905017073 [URL]
International Arbitration: Corporate Attitudes and Practices [2004] 15 American Review of International Arbitration 525-593, ISSN: 1050-4109 [URL]
Comparative International Commercial Arbitration (Co-author with D.M. Lew and S. Kroll), The Hague: Kluwer Law International, 2003, 952, ISBN: 9041115684 [URL]
UNIDROIT Principles Applied as "Most Appropriate Rules of Law" in a Swedish Arbitral Award [2003] 8(3) Uniform Law Review 631-640, ISSN: 1124-3694 [URL]
ADR in England and Wales: A Successful Case of Public Private Partnership, in N. Alexander (Editor), Global Trends in Mediation, Cologne: Centrale für Mediation, 2003, 137-178, ISBN: 3935098111 [URL]
CISG-AC Publishes First Opinion [2003] 15 Pace International Law Review 453-456, ISSN: 0902-7351 [URL]
Foundations and Perspectives of International Trade Law (Co-editor with I. Fletcher and M. Cremona), London: Sweet & Maxwell, 2001, 567, ISBN: 0421741007 [URL]
Is Harmonisation a Necessary Evil? Use and Abuse of Comparative Law and the Future of Harmonisation, in I. Fletecher, L. Mistellis and M. Cremona (Editors), Foundations and Perspectives of International Trade Law, London: Sweet & Maxwell, 2001, 1-27, ISBN: 0421741007 [URL]
ADR in England and Wales [2001] 12 American Review of International Arbitration 167-221, ISSN: 1050-4109 [URL]
Taming the Dragons of Uniform Law: Sharing the reasoning of courts and arbitral awards (Co-author with A.H. Kritzer) [2001] 5(2) Vindobona Journal of International Commercial Law and Arbitration 282-309, ISSN: 1439-9741 [URL]
Other Selected Publications
Charakterisierungen und Qualifikation im internationalen Privatrecht: Zur Lehre einer parteispezifischen Qualifikation im Kollisionsrecht der privaten Wirtschaft, Tubingen: Mohr Siebeck, 1999, 309, ISBN: 3161471229
Clive M Schmitthoff Professor of Transnational Commercial Law and Arbitration
Loukas Mistelis is a member of the CCLS [new window] where he is Director of the School of International Arbitration. He teaches at the LLM programme and is the co-ordinator of the courses in International and Comparative Commercial Arbitration, International Trade and Investment Dispute Settlement, International Commercial Litigation and ADR. Loukas Mistelis has also developed directs our Diploma in International Arbitration by Distance Learning, the Diploma in International Mediation (ADR) by Distance Learning and the Diploma in International Arbitration, which is offered by CCLS in association with the Chartered Institute of Arbitrators.
Loukas is Secretary of the CISG-AC (Advisory Council of the Convention on Contract for the International Sale of Goods ) and co-ordinator of the Queen Mary Case Translation Programme, part of the CISG Database (IALL Website Award 2002). He studied law at Athens (LLB) Strasbourg (Certificate in International & Comparative Human Rights); Hanover (Magister Legum Europae and Dr. iuris) and Keio (Certificate in Japanese International Trade Law). He is a Member of the Athens Bar (since 1993). Besides English he is fluent in German and Greek, has good knowledge of French, and basic knowledge of Polish, Spanish and Russian. He maintains a selective arbitration and consulting practice in respect of international commercial and investment disputes, secured transactions and complex contractual matters, including e-commerce and technology matters. He has also participated in a number of experts groups, including for the UK Department of Trade and Industry, the International Chamber of Commerce, UNCITRAL and UNCTAD. He has been a Visiting Professor at Columbia University School of Law, Keio University in Tokyo and teaches at the NYU in London.
Research Interests
Loukas Mistelis' research focuses on international arbitration (in particular, the internationalisation of commercial arbitration, investment arbitration and harmonisation of arbitration procedure), international commercial transactions (in particular, long-term contracts, international sales and trade finance), secured transactions, comparative law (in particular, legal transplants and the role of the judiciary), unification of private aw, Central and Eastern European Law, and ADR.
Loukas Mistelis is member of the editorial Boards of Arbitration International and Global Arbitration Review and General Editor of the Oxford University Press Monograph Series in International Arbitration as well as an editor or Investmentclaims.com.
Publications Since 2001
World of Arbitration Reporter, (General co-editor with Laurence Shore), Huntington, New York: Juris Publications, 2009 (forthcoming)
Commentary on CISG, (Co-editor and co-author with Stefan Kröll, Pilar Perales and Peter Huber), C.H.Beck, 2009 (forthcoming)
Arbitrability in International Arbitration, (Co-editor and co-author with Stavros Brekoulakis), Kluwer International, 2008 (forthcoming)
Research Handbook in International Commercial Law, (Co-editor and co-author with Angie Raymond), Edgar Elgar Publications, 2009 (forthcoming)
Arbitration Insights (Co-editor with J. Lew), The Hague: Kluwer Law International, 2006, 536, ISBN 9041126066
Pervasive Problems in International Arbitration (Co-Editor with J. Lew), The Hague: Kluwer Law International, 2006, 391, ISBN: 9041124500 [URL]
Commercial Law: Perspectives and Practice (Co-editor with J. Lowry), London: LexisNexis Butterworths, 2006, 298, ISBN: 1405710071 [URL]
Reality Test: Current State of Affairs in Theory and Practice Relating to "Lex Arbitri", in Zivil- und Wirtschaftsrecht im Europäischen und Globalen Kontext / Private and Commercial Law in a European and Global Context - Festschrift für Norbert Horn zum 70. Geburtstag 1005 (K.P. Berger, G. Borges, H. Herrmann, A. Schlüter and U. Wackerbarth, eds., 2006), ISBN 978-3-89949-242-2
Arbitration Insights: Evolution and Themes, in Arbitration Insights 1 (L. Mistelis and J.D.M. Lew eds., Kluwer, 2006)
Workshop on Research, Teaching and Training in International Arbitration: An Introduction [2006] 22 Arbitration International 243-247, ISSN: 0957-0411 [URL]
Confidentiality and Third Party Participation in Investment Arbitration [2005] 21(2) Arbitration International 205-225, ISSN: 09570411 and in T. Weiler (Editor) International Investment Law and Arbitration: Leading Cases from the ICSID, NAFTA, Bilateral Treaties and Customary International Law, London: Cameron May: London, 2005, 169-199, ISBN: 1905017073 [URL]
International Arbitration: Corporate Attitudes and Practices [2004] 15 American Review of International Arbitration 525-593, ISSN: 1050-4109 [URL]
Comparative International Commercial Arbitration (Co-author with D.M. Lew and S. Kroll), The Hague: Kluwer Law International, 2003, 952, ISBN: 9041115684 [URL]
UNIDROIT Principles Applied as "Most Appropriate Rules of Law" in a Swedish Arbitral Award [2003] 8(3) Uniform Law Review 631-640, ISSN: 1124-3694 [URL]
ADR in England and Wales: A Successful Case of Public Private Partnership, in N. Alexander (Editor), Global Trends in Mediation, Cologne: Centrale für Mediation, 2003, 137-178, ISBN: 3935098111 [URL]
CISG-AC Publishes First Opinion [2003] 15 Pace International Law Review 453-456, ISSN: 0902-7351 [URL]
Foundations and Perspectives of International Trade Law (Co-editor with I. Fletcher and M. Cremona), London: Sweet & Maxwell, 2001, 567, ISBN: 0421741007 [URL]
Is Harmonisation a Necessary Evil? Use and Abuse of Comparative Law and the Future of Harmonisation, in I. Fletecher, L. Mistellis and M. Cremona (Editors), Foundations and Perspectives of International Trade Law, London: Sweet & Maxwell, 2001, 1-27, ISBN: 0421741007 [URL]
ADR in England and Wales [2001] 12 American Review of International Arbitration 167-221, ISSN: 1050-4109 [URL]
Taming the Dragons of Uniform Law: Sharing the reasoning of courts and arbitral awards (Co-author with A.H. Kritzer) [2001] 5(2) Vindobona Journal of International Commercial Law and Arbitration 282-309, ISSN: 1439-9741 [URL]
Other Selected Publications
Charakterisierungen und Qualifikation im internationalen Privatrecht: Zur Lehre einer parteispezifischen Qualifikation im Kollisionsrecht der privaten Wirtschaft, Tubingen: Mohr Siebeck, 1999, 309, ISBN: 3161471229
Content
Part I: Conventions. Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (New York Convention); L.A. Mistelis, D. Di Pietro. Convention on the Settlement of Investment Disputes between States and Nationals of Other States 1965 (Washington/ICSID Convention); G. Petrochilos, S. Noury, D. Kalderimis.
Part II: Rules. United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules; J. van Haersolte-van Hof. International Centre for Settlement of Investment Disputes (ICSID) Arbitration Rules; G. Petrochilos, S. Noury, D. Kalderimis. International Chamber of Commerce (ICC) Rules of Arbitration; S. Bond, M.Paralika, M. Secomb. London Court of International Arbitration (LCIA) Arbitration Rules; S. Nesbitt. American Arbitration Association International Centre for Dispute Resolution (AAA-ICDR) Rules; J. Fellas. China International Economic and Trade Arbitration Commission (CIETAC) Arbitration Rules; J. Tao. Part III: Laws . United Nations Commission on International Trade Law (UNCITRAL) Model Law on International Commercial Arbitration 1985; L. Shore, S. Brekoulakis. Chinese Arbitration Law 1994; J. Tao. English Arbitration Act 1996; A. Sheppard. French Code of Civil Procedure 1976; D. Bensaude. Swiss Private International Law Act 1989; G. von Segesser, D. Schramm.
Part II: Rules. United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules; J. van Haersolte-van Hof. International Centre for Settlement of Investment Disputes (ICSID) Arbitration Rules; G. Petrochilos, S. Noury, D. Kalderimis. International Chamber of Commerce (ICC) Rules of Arbitration; S. Bond, M.Paralika, M. Secomb. London Court of International Arbitration (LCIA) Arbitration Rules; S. Nesbitt. American Arbitration Association International Centre for Dispute Resolution (AAA-ICDR) Rules; J. Fellas. China International Economic and Trade Arbitration Commission (CIETAC) Arbitration Rules; J. Tao. Part III: Laws . United Nations Commission on International Trade Law (UNCITRAL) Model Law on International Commercial Arbitration 1985; L. Shore, S. Brekoulakis. Chinese Arbitration Law 1994; J. Tao. English Arbitration Act 1996; A. Sheppard. French Code of Civil Procedure 1976; D. Bensaude. Swiss Private International Law Act 1989; G. von Segesser, D. Schramm.