International Commercial Arbitration Practice: 21st Century Perspectives

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NEW IN 2016:
ALL-NEW CHAPTER ON ARBITRATION PRACTICE IN SINGAPORE!
CHAPTERS ON PRACTICE BEFORE THE HKIAC AND BEIJING ARBITRATION COMMISSION ADDED!

The scope and importance of International Commercial Arbitration (ICA) has expanded exponentially in the last few decades and has become the natural and logical method to resolve international business and economic disputes. This collective work captures the development of ICA from different perspectives and uniquely brings together the ideas, suggestions and perspectives of in-house counsel as the most important users of ICA, along with outside counsel, arbitrators themselves, and major arbitration organizations who all help provide the service. Most, if not all, of the contributing authors have served as counsel or arbitrator in arbitrations and have further contributed, through their writings, teachings or activities in arbitral and other institutions, to the evolution of ICA covered by this collective work. Accordingly, International Commercial Arbitration Practice: 21st Century Perspectives is an indispensable tool for the reader--practitioner, arbitrator, academic, magistrate or student—not only to obtain useful general information on ICA practice today but to gain insightful views as to the influence of this institution in the settlement of international commercial disputes in specific economic areas, industries and commercial activities. International Commercial Arbitration Practice: 21st Century Perspectives brings the process alive and provides the reader with a useful practice guide whether he or she represents a client participating in an international commercial arbitration, is in-house counsel for a company considering arbitration as a possible method of dispute resolution, or is an arbitrator with cases at hand.

The book is organized by Parts which contain thematically related chapters. Part I deals with an overview of key elements in ICA practice and includes chapters on how arbitration is conducted under different legal systems such as common law, civil law, and shari‘a law, as well as a chapter on cultural issues in international arbitration. Part II contains geographical regional overviews covering most regions of the world (Western Europe, Russia/NIS countries, Asia (including China and Hong Kong, Japan, Korea, and the Indian Subcontinent), Middle East and North Africa, Latin America, the U.S., Canada, and Australia & New Zealand. In 2016, we have expanded the geographical scope of the publication to cover Singapore, reflecting that country‘s increasing importance as a venue for international commercial arbitration.

Part III includes individual industry sector views of how ICA is conducted in individual industry and business sectors such as oil & gas, LNG, mining, construction, telecommunications, satellite communications, intellectual property, sports, banking and finance, insurance and reinsurance, securities, shipping and maritime, corporate shareholder, and bankruptcy settings. These chapters are highly instructive because many of them were written by current or former in-house counsel in these industries or, in some cases, by outside counsel who focus on these industries.

Part IV of the book describes recent trends at several major global commercial arbitration institutions such as the ICC, ICDR, LCIA, CPR and WIPO. In 2016, we added coverage of the Hong Kong International Arbitration Centre (HKIAC) and Beijing Arbitration Commission, reflecting the increasing significance of these institutions in the arbitration of commercial disputes in the Asia Pacific region, particularly China.

Part V deals with questions of how technology has been changing ICA practice in recent years, including chapters relating to the use of technology by some major arbitral institutions, videoconferencing in ICA, and online arbitration of internet domain name and e-commerce cases.

Authors / Contributors

Table of Contents

PART I INTERNATIONAL COMMERCIAL ARBITRATION PRACTICE: FUNDAMENTAL ISSUES FROM THE ARBITRATOR PERSPECTIVE

CHAPTER 1 Institutional and Ad Hoc Arbitrations: The Role of the Applicable Rules, by Professor Dr. Eugenio Hernandez-Breton

CHAPTER 2 Common and Civil Law Approaches to Procedure: Party and Arbitrator Perspectives, by Michael McIlwrath & Henri Alvarez

CHAPTER 3 Shari’a Law Approaches to Arbitration, by Arif Hyder Ali & Ali Ehassi

CHAPTER 4 Extending the Arbitration Agreement to Non-Signatories, by Professor William W. (“Rusty”) Park

CHAPTER 5 [RESERVED]

CHAPTER 6 Cultural Issues in International Arbitration, by Dr. Shahla Ali

PART II REGIONAL OVERVIEWS OF INTERNATIONAL COMMERCIAL ARBITRATION PRACTICE

CHAPTER 7 International Commercial Arbitration Practice in Europe, by Yves Derains

CHAPTER 8 International Commercial Arbitration Practice in Latin America, by Paul E. Mason & Roque J. Caivano

CHAPTER 8A International Commercial Arbitration Practice in the Sub-Saharan African Region, by Kwadwo Sarkodie

CHAPTER 9 International Commercial Arbitration Practice in the People’s Republic of China and the Hong Kong Special Administrative Region—Implementing the “One Country Two Systems” Policy, by Sally Harpole

CHAPTER 10 Arbitration in Central and Eastern Europe, by Dr. Alexander J. Belohlavek

CHAPTER 11 International Commercial Arbitration Practice in the South Asia Region, by Ashwinie Kumar Bansal & Abhishek Kumar Bansal

CHAPTER 12 International Commercial Arbitration Practice in the Russian Federation, by Glenn P. Hendrix & Ilya V. Nikiforov

CHAPTER 13 International Commercial Arbitration Practice in Canada, by Henri Alvarez, Q.C., & Tina Cicchetti

CHAPTER 14 International Commercial Arbitration Practice in the United States, by Richard L. Williamson, John H. Rooney, Jr. and Judith A. Freeberg

CHAPTER 15 International Commercial Arbitration Practice in Australia, New Zealand, and the Pacific Islands, by Simon Greenberg, Sally Fitzgerald, & Bjorn Gehle

CHAPTER 16 International Commercial Arbitration Practice in the Middle East and North Africa, by Raza Mithani

CHAPTER 17 International Commercial Arbitration Practice in Japan, by Yoshiaki Muto, Joel Greer, Takeshi Yoshida & Michael Dunmore

CHAPTER 18 International Commercial Arbitration Practice in Korea, by Professor Joongi Kim

CHAPTER 18A International Commercial Arbitration Practice in Singapore, by Nish Shetty

PART III INTERNATIONAL COMMERCIAL ARBITRATION IN THE MAJOR SECTORS OF COMMERCE AND INVESTMENT: ARBITRATOR, IN-HOUSE AND OUTSIDE COUNSEL PERSPECTIVES

CHAPTER 19 International Arbitration—Brazil Oil and Gas: In-House Counsel Perspective, by Carolos Cesar Borromeu de Andrade

CHAPTER 20 [RESERVED]

CHAPTER 21 International Arbitration—Venezuela Oil and Gas: Arbitrator Perspective, by J. Eloy Anzola

CHAPTER 22 International Arbitration—Russia/CIS Countries Oil and Gas: Outside Counsel Perspective, by Evgeny Raschevsky & Olga Vishnevskaya

CHAPTER 23 [RESERVED]

CHAPTER 24 International Arbitration—Liquefied Natural Gas [LNG]: Outside Counsel Perspective, by Jonathan Sutcliffe & James Rogers

CHAPTER 25 International Arbitration—Construction: Outside and In-House Counsel Perspectives, by Stephen D. Butler & George Anthony (“Tony”) Smith

CHAPTER 26 International Arbitration—Mining: Outside and In-House Counsel Perspectives, by Pedro Freitas

CHAPTER 27 International Arbitration—Agricultural Commodities: Outside Counsel Perspective, by Luiz Cesar Aschermann Correa & Hernany Veytia

CHAPTER 28 International Arbitration—Shipping and Maritime: Outside Counsel Perspective, by Graham Harris & Michael Davar

CHAPTER 29 International Arbitration—Banking and Finance: Outside Counsel Perspective, by Matthew Kirtland & Borzu Sabahi

CHAPTER 30 International Arbitration—Securities: Outside Counsel Perspective, by Madeline Eppenstein & Theodore G. Eppenstein

CHAPTER 31 International Arbitration—Insurance and Reinsurance (London Market): Outside Counsel Perspective, by Celso de Azevedo

CHAPTER 32 International Arbitration in Project Finance Transactions, by Alden L. Atkins

CHAPTER 33 International Arbitration—Corporate Shareholder Disputes: Outside Counsel Perspective, by Joaquim de Paiva Muniz

CHAPTER 34 International Arbitration—Bankruptcy Disputes: Outside Counsel Perspective, by Arnoldo Wald & Rodrigo Garcia da Fonseca, with the collaboration of Maira de Melo Vieira

CHAPTER 35 International Arbitration—Intellectual Property Disputes: Arbitrator Perspective, by David W. Plant

CHAPTER 36 Agreements to Arbitrate Intellectual Property and Technology Disputes: Arbitrator Perspective, by M. Scott Donahey

CHAPTER 37 International Arbitration—Telecommunications: Outside Counsel Perspective, by Daniel E. Gonzalez & Maria Eugenia Ramirez

CHAPTER 38 [RESERVED]

CHAPTER 39 International Arbitration—Satellite Communications: Arbitrator Perspective, by Raymond G. Bender, Jr.

CHAPTER 40 International Arbitration—Sports: Outside Counsel Perspective, by Carlos F. Gonzalez, Gary E. Davidson & Gerardo J. Rodriguez-Albizu

CHAPTER 41 International Arbitration—Sports (Special Features of CAS Procedure): Outside Counsel Perspective, by Mark Mangan

CHAPTER 42 International Franchise Arbitration: Outside Counsel Perspective, by Barry Heller

PART IV REVIEW OF THE MAJOR INTERNATIONAL ARBITRATION ORGANIZATIONS

CHAPTER 43 Review of the International Centre for Dispute Resolution, the International Division of the American Arbitration Association, by Luis M. Martinez & Thomas Ventrone

CHAPTER 44 Review of the International Court of Arbitration of the International Chamber of Commerce, by Jason Fry & Simon Greenberg

CHAPTER 45 Review of the World Intellectual Property Organization’s Arbitration and Mediation Center, by Ignacio de Castro & Heike Wollgast

CHAPTER 46 Review of the London Court of International Arbitration: Cost and Time Effective Arbitration Under the LCIA Rules, by Dr. Jacomijn van Haersolte-van Hof

CHAPTER 47 Review of the International Institute for Conflict Prevention & Resolution, by Helena Tavares Erickson

CHAPTERS 48–49 [RESERVED]

CHAPTER 50 Review of the Swiss Rules of International Arbitration and Commercial Mediation, by Matthias Scherer

CHAPTER 51 Review of the Hong Kong International Arbitration Centre (HKIAC), by Kiran Sanghera

CHAPTER 51A Review of the Beijing Arbitration Commission, by Dr. Cheng Fuyong & Zhang Xi

PART V ARBITRATION AND TECHNOLOGY

CHAPTER 52 Arbitration Online—Internet Domain Names and E-Commerce, by M. Scott Donahey

CHAPTER 53 Videoconferencing in International Arbitration and Mediation Proceedings, by Paul E. Mason

CHAPTER 54 Use of Technology by a Major International Arbitration Organization—WIPO, by Erik Wilbers & Hee-Eun Kim

CHAPTER 55 Use of Technology by a Major International Arbitration Organization—ICDR, by Luis M. Martinez & Thomas Ventrone

CHAPTER 56 Use of Technology by a Major International Arbitration Organization—ICC, by Jan Heiner Nedden & Laurence Marquis