New Horizons for International Commercial Arbitration And Beyond

by Van Den Berg, Albert Jan

• ISBN13: 9789041123480
• ISBN10: 9041123482
• Format: Paperback
• Copyright: 2005-09-18
• Publisher: Kluwer Law Intl

Summary

ICCA's Congress Series No. 12, reflecting the contributions of numerous renown arbitration experts To The 2004 ICCA Beijing Conference, commences with an overview of the current international arbitration regime in China and Hong Kong, noting both the progress that has been achieved And The work that remains to be done there. The remainder of the volume comprises two sets of papers on contemporary substantive and procedural issues in international commercial arbitration. The first set contains in-depth reports on the topical subjects of arbitration of foreign investment disputes, The granting of provisional or interim measures with respect to arbitration And The enforceability of awards, supplemented by commentary from the point of view of various specializations and regions. The second, also using the format of reports and commentary, addresses modalities of conciliation and settlement in relation to arbitration, including various non-binding (ADR) processes, issues (drafting step clauses and confidentiality) in integrated dispute resolution systems, which may combine conciliation and arbitration, And The role of arbitrators as settlement facilitators.

Table of Contents

Preface	v
Albert Jan van den Berg
Table of Contents	vii
Addresses
Opening Addresses
Wan Jifei	1	(2)
Gerold Herrmann	3	(4)
Xiao Yang	7	(2)
Cheng Siwei	9	(2)
LUNCHEON ADDRESS
William K. Slate II
The Impact of Culture on International Commercial Arbitration	11	(8)
Roundtable on Arbitration and Conciliation Concerning China	19	(104)
Bernardo M. Cremades
Arbitration in China Seen from the Viewpoint of the International Court of Arbitration of the International Chamber of Commerce	21	(6)
Robert Briner
CIETAC's Perspective on Arbitration and Conciliation Concerning China	27	(20)
Wang Sheng Chang
The Swedish Perspective on Arbitration and Conciliation Concerning China	47	(8)
Johan Gernandt
HKIAC's Perspective on Arbitration and Conciliation Concerning China	55	(15)
Neil Kaplan
Interfacing with the World -- A View from Singapore	70	(12)
Warren Khoo
Challenges and Trends of Arbitration in China	82	(7)
Jingzhou Tao
Commentary on Arbitration and Conciliation Concerning China	89	(30)
Michael J. Moser
Chinese Supreme People's Court Provides Clarification -- and Confusion -- on Arbitration Issues	99	(13)
Michael J. Moser
Peter Yuen
Certain Provisions Regarding the Handling by the People's Courts of Cases Involving Foreign-related Arbitration and Foreign Arbitrations (Draft for Comment)	112	(7)
Case Study of Arbitration in China	119	(4)
Yoshio Iteya
Arbitration of Foreign Investment Disputes	123	(78)
Karl-Heinz Bockstiegel
Arbitration of Foreign Investment Disputes -- An Introduction	125	(7)
Karl-Heinz Bockstiegel
What Authority Do International Arbitrators Have over States?	132	(34)
Jan Paulsson
Arbitration of Foreign Investment Disputes in China	166	(15)
Zhang Yuqing
Arbitration of Foreign Investment Disputes: Responses to the New Challenges and Changing Circumstances	181	(11)
M.I.M. Aboul-Enein
Some Disputable Issues in Investment Treaty Arbitration and in Contractual Arbitration of Foreign Investment Disputes	192	(9)
Ivan Szasz
Provisional/Interim Measures	201	(84)
Marc Lalonde
The Allocation of Authority Between Courts and Arbitral Tribunals to Order Interim Measures: A Survey of Jurisdictions, the Work of Uncitral and a Model Proposal	203	(39)
Donald Francis Donovan
The Need for Cross-border Enforcement of Interim Measures Ordered by a State Court in Support of the International Arbitral Process	242	(30)
V.V. Veeder
The Trailblazers v. the Conservative Crusaders, or Why Arbitrators Should Have the Power to Order Ex Parte Interim Relief	272	(6)
Kaj Hober
Uncitral Model Law v. Chinese Law and Practice -- A Discussion on Interim Measures of Protection	278	(7)
Ge Liu
Enforceability of Awards	285	(80)
Gabrielle Kaufmann-Kohler
Enforcement of Awards -- A Few Introductory Thoughts	287	(4)
Gabrielle Kaufmann-Kohler
Why Are Some Awards Not Enforceable?	291	(36)
Albert Jan van den Berg
Comments on Enforceability of Awards	327	(10)
Richard M. Mosk
Enforceability of Awards -- Some Additional Problems	337	(9)
Ahmed S. El-Kosheri
The Recognition and Enforcement of Foreign Arbitral Awards in China	346	(5)
Lu Xiaolong
Comments on Enforceability of Awards	351	(14)
Teresa Cheng
Various Non-binding (ADR) Processes	365	(72)
Werner Melis
Various Non-binding (ADR) Processes	367	(48)
Doug Jones
Some Remarks on the Uncitral Model Law on International Commercial Conciliation	415	(6)
Jose Maria Abascal
Multi-Institutional Conciliation and the Reconciliation of Different Legal Cultures	421	(9)
Julian D.M. Lew
Non-binding Dispute Resolution Process---Experience in Korea	430	(7)
Jay K. Lee
Issues in Integrated Dispute Resolution Systems	437	(92)
Howard M. Holtzmann
Introduction to Session on Issues in Integrated Dispute Resolution Systems	439	(7)
Arthur W. Rovine
Part I -- Issues Arising from Integrated Dispute Resolution Clauses	446	(24)
James H. Carter
Commentary on Integrated Dispute Resolution Clauses	470	(8)
Martin Hunter
Commentary on Integrated Dispute Resolution Systems in the PRC	478	(6)
Ariel Ye
Part II -- Issues Involving Confidentiality	484	(13)
James H. Carter
Commentary on Issues Involving Confidentiality	497	(26)
Michael Pryles
Commentary on Issues Involving Confidentiality	523	(6)
Lawrence Boo
The Role of Arbitrators as Settlement Facilitators	529	(60)
Fali S. Nariman
The Role of Arbitrators as Settlement Facilitators -- Introduction	531	(2)
Fali S. Nariman
Arbitrators and Settlement	533	(14)
Arthur Marriott
Combination of Arbitration with Conciliation -- Arb-Med	547	(9)
Tang Houzhi
The Role of Arbitrators as Settlement Facilitators -- A Swiss View	556	(9)
Pierre Lalive
Comments on the Role of Arbitrators as Settlement Facilitators	565	(6)
Gerald Aksen
The Role of Arbitrators as Settlement Facilitators - Commentary	571	(11)
Michael Hwang
QC Mediation at Work in Hong Hong	579	(1)
Michael Thomas
Arb-Med in Singapore	580	(2)
Michael Hwang
The Brazilian Approach to Arbitrators as Settlement Facilitators	582	(7)
Carlos Nehring Netto
List of Participants	589	(30)
List of ICCA Officers and Members	619