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2 Agreement to Arbitrate »
Nigel Blackaby, Constantine Partasides, Alan Redfern
From: Redfern and Hunter on International Arbitration (7th Edition)Nigel Blackaby KC, Constantine Partasides, Alan Redfern
This chapter expounds on how the arbitration agreement became the foundation of international arbitration. The arbitration clause and submission agreement are known to be the basic types of arbitration agreement. The other convention on arbitration is the establishment of requirements for a valid international arbitration agreement and indicating the parameters of an agreement. The chapter tackles the validity of an arbitration agreement, including its arbitrability and confidentiality. Moreover, capacity, party consent, and agent conclusions are some of the features of parties to an arbitration agreement, while the defects found in arbitration revolve around inconsistency, uncertainty, and inoperability.
Appendices »
Nigel Blackaby, Constantine Partasides, Alan Redfern
From: Redfern and Hunter on International Arbitration (7th Edition)Nigel Blackaby KC, Constantine Partasides, Alan Redfern
3 Applicable Laws »
Nigel Blackaby, Constantine Partasides, Alan Redfern
From: Redfern and Hunter on International Arbitration (7th Edition)Nigel Blackaby KC, Constantine Partasides, Alan Redfern
This chapter covers the applicable laws imposed by arbitral tribunals for the process of international arbitration. It explains that law governs the contracts conducted in line with international arbitration. Moreover, arbitration is regulated by specific rules of procedure agreed upon by the law of the arbitration place, parties, or the arbitral tribunal. Mostly, modern laws of arbitration leave parties and arbitrators free to decide on the specificity of the procedures as long as both parties are treated equally. On the other hand, international arbitration tends to involve more than a single system of law or legal rules. The chapter also notes the laws governing the terms of arbitration and substance.
8 Arbitration Under Investment Treaties »
Nigel Blackaby, Constantine Partasides, Alan Redfern
From: Redfern and Hunter on International Arbitration (7th Edition)Nigel Blackaby KC, Constantine Partasides, Alan Redfern
This chapter looks into arbitrations under investment treaties. During the 19th century, European powers tended to utilise a form of gunboat diplomacy to achieve compensation or protection. Numerous treaties of friendship, commerce, and navigation (FCN treaties) adopted the doctrine of non-intervention with exceptions for justice denial or delay. In investment treaties, the International Centre for Settlement of Investment Disputes (ICSID) facilitates the conclusion of arbitration provisions involving individuals asserting rights directly against states. The chapter lists the existence of an applicable treaty, protected investors, and protected investments as some of the jurisdictional issues vindicating the legal rights of investment treaties.
9 Award »
Nigel Blackaby, Constantine Partasides, Alan Redfern
From: Redfern and Hunter on International Arbitration (7th Edition)Nigel Blackaby KC, Constantine Partasides, Alan Redfern
This chapter discusses awards as the destination of international arbitration. Both the United Nations Commission on International Trade Law (UNCITRAL) and the International Chamber of Commerce (ICC) recognise the significance of an award at the place of arbitration. Arbitral awards include awards made by both arbitrators and by permanent arbitral bodies that the parties submitted. The chapter clarifies the difference between an award and an order in terms of a tribunal’s decisions. However, no arbitral tribunal is expected to guarantee the enforcement of its award in the winner’s choice of country. While all awards are final and binding, they are still subject to certain exceptions, such as their delivery.
10 Challenge of Arbitral Awards »
Nigel Blackaby, Constantine Partasides, Alan Redfern
From: Redfern and Hunter on International Arbitration (7th Edition)Nigel Blackaby KC, Constantine Partasides, Alan Redfern
This chapter expounds on the methods, grounds, and effects of challenging arbitral awards. The appeal over an arbitral award depends on whether the relevant rules of arbitration established any international appeal procedure or investment arbitration systems. Unlike litigation and mitigation, parties choosing arbitration means they are chasing finality and prepared to for a fight in the highest court. The purpose of challenging an award before a national court is to declare that the award will become null and void. However, a competent court could refuse to grant recognition to the declaration that has been set aside by a court of the seat of arbitration.
6 Conduct of the Proceedings »
Nigel Blackaby, Constantine Partasides, Alan Redfern
From: Redfern and Hunter on International Arbitration (7th Edition)Nigel Blackaby KC, Constantine Partasides, Alan Redfern
This chapter explains the process of conducting international arbitration proceedings. Despite the possibility of conducting proceedings in various ways, institutional and ad hoc rules of arbitration often provide an outline of steps and detailed regulations agreed by parties to be followed. Moreover, the agreed regulations must comply with mandatory rules and public policy requirements. Then, party autonomy becomes the guiding principle in determining the international arbitration procedure. The basic underlying structures of international arbitration range between the international conventions, arbitration rules, and the practice of experienced arbitrators and counsel. Depending on the circumstances of a case, arbitral tribunals mostly try to ensure stop further additional hearings beyond post-hearing briefs.
Contents »
Nigel Blackaby, Constantine Partasides, Alan Redfern
From: Redfern and Hunter on International Arbitration (7th Edition)Nigel Blackaby KC, Constantine Partasides, Alan Redfern
Appendix C Convention on the Settlement of Investment Disputes between States and Nationals of Other States 1965 (‘Washington Convention’) (excerpts) »
Nigel Blackaby, Constantine Partasides, Alan Redfern
From: Redfern and Hunter on International Arbitration (7th Edition)Nigel Blackaby KC, Constantine Partasides, Alan Redfern
4 Establishment and Organisation of an Arbitral Tribunal »
Nigel Blackaby, Constantine Partasides, Alan Redfern
From: Redfern and Hunter on International Arbitration (7th Edition)Nigel Blackaby KC, Constantine Partasides, Alan Redfern
This chapter tackles the process of establishing and organising the arbitral tribunal. An appropriate form of notice of request for arbitration must be delivered, following relevant procedural rules, in order to start an arbitration. Additionally, the rules are relevant to the rules of applicable law. The chapter expounds on the process of commencing an arbitration regarding disputes and their respective parties. On the other hand, the process of establishing a tribunal and arbitrators is known to be lengthy. Thus, institutional arbitration rules suggest the appointment of Emergency Arbitrators as an alternative for parties trying to find relief from national courts.
Foreword by Alan Redfern »
Alan Redfern
From: Redfern and Hunter on International Arbitration (7th Edition)Nigel Blackaby KC, Constantine Partasides, Alan Redfern
Appendix F IBA Guidelines on Conflicts of Interest in International Arbitration »
Nigel Blackaby, Constantine Partasides, Alan Redfern
From: Redfern and Hunter on International Arbitration (7th Edition)Nigel Blackaby KC, Constantine Partasides, Alan Redfern
Appendix E IBA Rules on the Taking of Evidence in International Commercial Arbitration »
Nigel Blackaby, Constantine Partasides, Alan Redfern
From: Redfern and Hunter on International Arbitration (7th Edition)Nigel Blackaby KC, Constantine Partasides, Alan Redfern
Index »
From: Redfern and Hunter on International Arbitration (7th Edition)Nigel Blackaby KC, Constantine Partasides, Alan Redfern
1 Introduction »
Nigel Blackaby, Constantine Partasides, Alan Redfern
From: Redfern and Hunter on International Arbitration (7th Edition)Nigel Blackaby KC, Constantine Partasides, Alan Redfern
This chapter introduces the concept of international arbitration. As investments, trade, and commerce continue to expand internationally, agreements across national frontiers are significant to the business and commercial life. Nation states recognised the increased importance of international arbitration on international investment, business, and commerce. Thus, international arbitration is tasked to give equal consideration to the claims and defences of the parties and decide on disputes applicable to legal frameworks. Often, countries adopt the UNCITRAL Model Law to reassure investors and attract potentially profitable business. Specialist areas continue to grow in line with the success of international arbitration as a method of neutral international dispute resolution.
List of Abbreviations »
Nigel Blackaby, Constantine Partasides, Alan Redfern
From: Redfern and Hunter on International Arbitration (7th Edition)Nigel Blackaby KC, Constantine Partasides, Alan Redfern
Appendix B New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 »
Nigel Blackaby, Constantine Partasides, Alan Redfern
From: Redfern and Hunter on International Arbitration (7th Edition)Nigel Blackaby KC, Constantine Partasides, Alan Redfern
5 Powers, Duties, and Jurisdiction of an Arbitral Tribunal »
Nigel Blackaby, Constantine Partasides, Alan Redfern
From: Redfern and Hunter on International Arbitration (7th Edition)Nigel Blackaby KC, Constantine Partasides, Alan Redfern
This chapter focuses on the arbitral tribunal’s powers, duties, and jurisdiction. It mentions the difference between the operation of a national court and an arbitral tribunal settling international disputes. The powers are established to enable operation in relation to applicable law. Then, an arbitrator’s duties are imposed by either parties, law, or ethical duties. According to national laws and international conventions, an arbitral tribunal is not allowed to exceed its jurisdiction, whiles its decision is subject to control by the courts of law. The chapter also looks into Recital 12, which covers the regulation not applicable to any action relating to the establishment of an arbitral tribunal.
11 Recognition and Enforcement of Arbitral Awards »
Nigel Blackaby, Constantine Partasides, Alan Redfern
From: Redfern and Hunter on International Arbitration (7th Edition)Nigel Blackaby KC, Constantine Partasides, Alan Redfern
This chapter discusses the recognition and enforcement of arbitral awards. It explains the enforcement of awards under the New York Convention, the ICSID Convention, and regional conventions. Most arbitral awards are conducted voluntarily without the need for enforcement from national courts. However, voluntary enforcement could not be relied often upon as a party involved in the arbitration process will likely be unhappy with the results. To achieve the award from a refusing party, the winning party could either invoke the powers of the state or exert pressure such that it would be in the losing party’s best interest to give the award voluntarily. Moreover, the process of enforcing awards differs between countries.
Redfern and Hunter on International Arbitration »
Nigel Blackaby KC, Constantine Partasides, Alan Redfern
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