bluuebunny/crossref_metadata_2025_split huggingface dataset:
Oaths and Perjury
Authors: Sheppard Audley 
Published: June 2017

Abstract
This chapter discusses the law and practice of oaths and affirmations in international arbitration, particularly in England and Wales. These include the Oaths Act 1978, which provides details of the wording to be spoken while swearing an oath or making an affirmation; the Perjury Act 1911, which prescribes sanctions for not telling the truth; section 38(5) of the English Arbitration Act 1996, which provides that the arbitral tribunal has the power to direct that a party or witness shall be examined on oath or affirmation, and may for that purpose administer any necessary oath or take any necessary affirmation; the 1998 LCIA Rules on the testimony of a witness; and Article 54(d) of the 2014 WIPO Arbitration Rules, which provide that the testimony of witnesses may, either at the choice of a party or as directed by the tribunal, be submitted in written form, whether by way of ‘signed statements, sworn affidavits or otherwise’.
Inherent and Implied Powers of Arbitrators
Authors: Moses Margaret L 
Published: June 2017

Abstract
The powers of arbitrators in international commercial arbitration are based on the agreement of the parties, usually set forth in an arbitration clause contained in a contract between the parties or in a separate agreement to arbitrate. Increasingly, however, arbitrators are exercising powers that are not derived specifically from a party agreement, but rather may be implied or inherent. The terms ‘implied’ and ‘inherent’ are frequently used rather loosely, and sometimes interchangeably. This chapter develops a framework for understanding and using the terms, so that parties, arbitrators, and courts can employ common meanings and concepts when considering arbitral powers. Implied and inherent powers, properly exercised, can help ensure that the arbitral process fulfils its promise of providing a fair, ethical, and reasonable way to resolve disputes.
Improving Judicial Performance in Matters Involving International Arbitration
Authors: Strong SI 
Published: June 2017

Abstract
This chapter focuses on the issue of judicial competency in international arbitration. Participants in international arbitration often view national courts as the ‘weak link’ in the chain of arbitral practice and procedure. Although parties can and often do contract in advance for experienced arbitrators and efficient procedures, all of that planning and forethought can come to naught if a judge refuses to enforce an arbitration agreement or award. Recalcitrant courts are often branded as parochial, a move which suggests that the judges in question know what the proper course of action is, but simply prefer to protect national interests or parties. However, what appears to be a conscious desire to thwart the international arbitral regime could actually be nothing more than a judicial misunderstanding of a particularly complex area of law. The remainder of the chapter discusses structural and educational efforts of states to improve judicial decision-making.
Agency
Authors: Munday Roderick 
Published: June 2017

Abstract
Questions of agency regularly arise in the work of commercial practitioners. This book provides a reference guide to the main principles of agency law, including detailed explanation of the Commercial Agents (Council Directive) Regulations of 1993. Analysis of case law is combined with a practical approach to the law which accurately reflects modern commercial realities, considering the application of agency principles according to particular classes of agents operating in the major commercial sectors. It includes discussion of the actual authority and apparent authority of an agent, agency of necessity, warranty of authority and ratification, looking at the legal relations between principal and both agent and third parties, as well as the relations between agent and third party, sub-agency, and termination of agency. This book emphasizes contemporary case law, and has been fully revised and updated in response to significant recent developments.
The Actual Authority of the Agent
Authors: Munday Roderick 
Published: June 2017

Abstract
This chapter is an overview of the ‘actual authority’ of the agent. ‘Actual authority’ refers to authority the agent possesses either because the principal has expressly conferred that authority upon the agent (‘express actual authority’) or because the law regards the authority as having been conferred upon the agent by necessary implication (‘implied actual authority’). It is famously defined as a legal relationship between principal and agent created by a consensual agreement to which they alone are parties. As a practical matter, the ‘actual authority’ of an agent is customarily contrasted with an agent’s ‘apparent authority’—that is to say, the legal relationship as between principal and third party created by a representation, made by the principal to a third party, intended to be and in fact acted upon by the latter. The chapter then goes on to elaborate the pertinent elements of express and implied actual authority.
Apparent Authority
Authors: Munday Roderick 
Published: June 2017

Abstract
This chapter describes ‘apparent authority’—otherwise known as ‘ostensible authority’. It arises when a third party is induced to enter into a transaction with a principal by a party who appears to have authority to act but who in fact lacks such authority. It is not authority, as such. Rather, the law gives effect to the appearance of authority, despite the fact that in reality there is no actual authority to act. The appearance may be created by the principal’s specifically misrepresenting to third parties that the agent enjoys authority to perform certain acts or by the principal’s allowing third parties to infer that the agent has the authority that such an agent would usually possess. In contrast to actual authority, the doctrine of apparent or ostensible authority is generally agreed to be based on estoppel by representation.
Authority Deriving from Agency of Necessity
Authors: Munday Roderick 
Published: June 2017

Abstract
This chapter considers agency in situations where one party has acted on behalf of another in the course of an emergency—so-called ‘agency of necessity’. This occurs when one party (the ‘agent’) is confronted with an emergency that poses such an imminent threat to the property or other interests of another person (the ‘principal’) that there is insufficient time for the former to seek the latter’s authority or instructions before acting. The ‘agent’ elects to act for the benefit of the ‘principal’, without prior authority, in order to preserve or protect that person’s property or interests. However, not all cases falling within the designation ‘agency of necessity’ can be considered true cases of agency. Hence the chapter emphasizes the distinction between true cases of agency of necessity, and what is termed ‘necessitous intervention’.
Legal Relations Between Principal and Third Party
Authors: Munday Roderick 
Published: June 2017

Abstract
This chapter considers how and when direct contractual relations are created. The primary purpose of agency is to bring principals and third parties into such relations. In the first section, disclosed agency is considered—that is, situations in which the third party is aware of the existence of a principal, whether that principal is identified or not. The second section deals with the more anomalous situation, where the agent acts for a principal whose very existence is concealed from the third party. Finally, the third section explores two exceptions to the principle, nemo dat quod non habet and the provisions of the Factors Act 1889, which permit ‘mercantile agents’ under the Act to make unauthorized dispositions of their principal’s property to third parties.
The Tortious Liabilities of Principal and Agent
Authors: Munday Roderick 
Published: June 2017

Abstract
This chapter examines the personal liabilities incurred by both principals and agents for the torts they commit. An agent is personally liable for torts committed in the course of the agency that occasion damage to a third party, irrespective of whether the agent was acting within or outside the principal’s authority. The tortious liability of the principal is more varied. A principal is personally liable for torts which the agent has been authorized to commit. In addition, the principal is also vicariously liable for torts committed by the agent in the course of employment. Finally, as in the case of master and servant, when the principal is liable for the tortious acts of the agent, technically principal and agent are joint tortfeasors and enjoy rights of contribution against one another under the Civil Liability (Contribution) Act 1978. The chapter looks at common forms of tortious liability affecting agency.
Introduction
Authors: Gallus Nick 
Published: June 2017

Abstract
This introductory chapter presents a brief overview on the temporal jurisdiction of international tribunals, as well as the aims and structure of this volume. The period of an international tribunal’s temporal jurisdiction (jurisdiction ratione temporis) is the span of time during which an act must have occurred before the tribunal may consider if the act breached an international obligation. Together with subject matter jurisdiction, personal jurisdiction, and territorial jurisdiction, the temporal jurisdiction of an international tribunal delineates its powers. Despite its importance, however, the temporal jurisdiction of international tribunals is not well understood. No work has comprehensively addressed the different limits on a tribunal’s temporal jurisdiction and how these limits interact. This chapter shows how the rest of this volume seeks, first, to reduce confusion by clarifying the different limits on the temporal jurisdiction of international tribunals, and the important distinctions between those limits and, secondly, to determine the extent to which tribunals created under different treaties have exercised their discretion over temporal jurisdiction in common ways.
Temporal Jurisdiction over Acts Outside the Period that the Obligation Allegedly Breached is in Force
Authors: Gallus Nick 
Published: June 2017

Abstract
This chapter considers what powers tribunals have over acts before the entry into force of the obligation that is alleged to be breached. While few states have expressly addressed this issue when conferring jurisdiction on a tribunal, the chapter explains that tribunals have broadly agreed that general principles of law, and possibly customary international law, prevent them from finding a breach of an obligation through an act before the obligation entered into force unless they have been directed otherwise.
Temporal Jurisdiction over Acts before the Period of Limitation
Authors: Gallus Nick 
Published: June 2017

Abstract
Regardless of the date of entry into force of the obligation allegedly breached, or of the acceptance of its jurisdiction, a tribunal might not hear a claim if it was brought too long after the challenged act, commonly referred to as a ‘time limit’ or ‘time bar’ on a claim, or an application of a ‘statute of limitations’. This chapter addresses the effect of treaty provisions that prevent a tribunal from hearing delayed claims. It addresses the effect of all such provisions, even though some affect the admissibility of a claim rather than the tribunal’s jurisdiction. The chapter then examines whether, in the absence of a treaty provision that limits a tribunal’s ability to hear a delayed claim, general principles of law impose a similar restriction.
Principle 6
Authors: Calnan Richard 
Published: June 2017

Abstract
This chapter considers how ambiguous phrases are interpreted. It discusses the basic principle that, if words are ambiguous in their context, they are given the meaning the parties are most likely objectively to have intended. The chapter considers what we mean by ‘ambiguity’, and discusses how it is resolved. It contains examples of the way in which these issues have been dealt with in practice. It also discusses the contra proferentem rule.
United States of America
Authors: Möckesch Annabelle 
Published: June 2017

Abstract
This chapter presents the federal law on attorney–client privilege and work-product protection in the United States. Attorney–client privilege being a defence to document production, witness examination, and other methods of taking evidence should not be presented isolated from the context in which it arises. In order to properly understand the privilege law of the United States, this chapter commences by briefly outlining the course of a lawsuit and the taking of evidence with a particular focus on document production and witness examination.
Comparison—Similarities and Differences in the Laws on Attorney–Client Privilege
Authors: Möckesch Annabelle 
Published: June 2017

Abstract
This chapter compares the attorney–client privilege laws set out in the previous chapters. More specifically, it compares the following main features of the privilege: its purpose and rationale, its invocation, its scope (ratione personae, ratione materiae, and ratione temporis), exceptions to it, waiver of it, and work–product protection. It thereby identifies similarities and differences between the privilege laws in the reviewed jurisdictions and, in addition, examines the reasons for such differences.
Devising Rules for Attorney–Client Privilege in International Arbitration
Authors: Möckesch Annabelle 
Published: June 2017

Abstract
This chapter first discusses whether devising further rules for attorney–client privilege in international arbitration is desirable. In examining the legal framework governing the conduct of international arbitration proceedings, it has become apparent that there is a lack of rules defining the scope of attorney–client privilege or providing sufficient guidance on how to determine the applicable standard. After having come to the conclusion that a change to the current legal framework is preferred over maintaining the status quo, the chapter proposes rules for attorney–client privilege in international arbitration. The discussion contained in this part includes identifying the appropriate type of rules and devising the content of the proposed rules. Finally, the chapter considers the selection of an appropriate legal instrument to implement these rules.
Brussels
Authors: Hollander Pascal , Draye Maarten 
Published: June 2017

Abstract
This chapter evaluates the merits of Brussels as a venue for international arbitration proceedings. It discusses the history and development of arbitration in Belgium; the processes and rules involved as well as the role of courts in the conduct of arbitration proceedings; and rules for arbitral awards. It concludes that the revision of the Belgian Law on Arbitration (BLA) based on the United Nations Commission on International Trade Law (UNCITRAL) Model Law in 2013 has resulted in a modern, state of the art, and progressive arbitration law, which is characterized by flexibility and demonstrates the will of the Belgian legislator to provide an efficient framework for a modern business environment within which arbitration can proceed in the best possible circumstances. The geographical position of Brussels, its status as an international administrative and business center, and the relatively low cost of arbitrating in Brussels further explain why it is increasingly chosen as a seat for arbitration.
Buenos Aires
Authors: Garro Alejandro M , Fernández Michael 
Published: June 2017

Abstract
This chapter evaluates the merits of Buenos Aires as a venue for international arbitration proceedings. It discusses the history and development of arbitration in Argentina; the processes and rules involved as well as the role of courts in the conduct of arbitration proceedings; and rules for arbitral awards. It concludes that arbitration in Argentina has its pitfalls, especially in light of the negative perception of arbitration brought about by numerous investor complaints against Argentina and the fact that the country continues to operate with an obsolete statutory framework in matters of arbitration in general, with very little attention paid to the singularity of international commercial arbitration. Arbitration law in Argentina fails to embrace a positive approach towards the enforcement of domestic as well as foreign arbitration agreements and arbitral awards.
Cairo
Authors: Hafez Karim 
Published: June 2017

Abstract
This chapter evaluates the merits of Cairo as a venue for international arbitration proceedings. It discusses the history and development of arbitration in Egypt; the processes and rules involved as well as the role of courts in the conduct of arbitration proceedings; and rules for arbitral awards. It concludes that Cairo has become an attractive venue for international commercial arbitration since the promulgation of the Arbitration Act, inspired by the United Nations Commission on International Trade Law (UNCITRAL) Model Law. The Egyptian courts are generally favorable to arbitration. They exercise minimal control over awards in actions for setting aside. The desirability of Cairo as a venue for international arbitration is further enhanced by the existence and activities of the Cairo Centre, which administers proceedings at very competitive rates compared with other arbitral institutions, and regularly updates its rules to reflect best international arbitration practices. The Centre also offers all the facilities required in connection with modern arbitration proceedings.
Dublin
Authors: Reichert Klaus 
Published: June 2017

Abstract
This chapter evaluates the merits of Dublin as a venue for international arbitration proceedings. It discusses the history and development of arbitration in Ireland; the processes and rules as well as the role of courts in the conduct of arbitration proceedings; and rules for arbitral awards. It concludes that Dublin should be considered as a low-cost alternative to London, with many of the same advantages, but at lower cost. Ireland is also a party to the New York Convention; has passed a new Arbitration Act (2010), which is a virtually pure form of the United Nations Commission on International Trade Law (UNCITRAL) Model Law; provides for a dedicated arbitration judge in the High Court, and there is no appeal from the High Court on arbitration matters; and has a high-quality, independent judicial system and a high-quality bar.
Mexico City
Authors: Wobeser Claus von 
Published: June 2017

Abstract
This chapter evaluates the merits of Mexico as a venue for international arbitration proceedings. It discusses the history and development of arbitration in Mexico; the processes and rules involved as well as the role of courts in the conduct of arbitration proceedings; and rules for arbitral awards. It concludes that Mexico is an attractive venue to conduct arbitration because of its complete and exhaustive legal framework, coupled with the availability of effective judicial assistance. Mexican law is modern and supportive of arbitration. The numerous free trade agreements and bilateral investment treaties (BITs) entered into by Mexico establish international arbitration as the primary means of resolving disputes. The adoption of the United Nations Commission on International Trade Law (UNCITRAL) Model Law and ratification of the New York Convention had also made the judicial approach towards the recognition and enforcement of arbitral awards favorable.
Paris
Authors: Malinvaud Carole , Camboulive Christian 
Published: June 2017

Abstract
This chapter evaluates the merits of Paris as a venue for international arbitration proceedings. It discusses the history and development of arbitration in France; the processes and rules involved as well as the role of courts in the conduct of arbitration proceedings; and rules for arbitral awards. It concludes that the new French arbitration regime, resulting from the January 13, 2011 reform, continues to distinguish French arbitration law from the United Nations Commission on International Trade Law (UNCITRAL) Model Law. This new regime confirms the longstanding supportive approach of France towards arbitration, as an appropriate and adapted mean to resolve international commercial disputes in particular. Yet on certain issues, such as the possibility of waiving the right to challenge awards or the computation of the time limit to introduce such challenges, the innovative provisions of the new French regime have yet to be tested in the courts.
Awards
Authors: Mangan Mark , Reed Lucy , Choong John 
Published: June 2017

Abstract
This chapter presents an overview of the procedure in the granting of awards during Singapore International Arbitration Centre (SIAC) arbitrations. THe term ‘award’ refers to a decision of the arbitral tribunal on the substance of the dispute such as interim, interlocutory, or partial award. SIAC Rule 28 deals with issues relating to the issuance, content, scrutiny, effect, and the publication of awards. SIAC Rule 29 covers the occasions where it is necessary for tribunals to correct or interpret an award, or issue an additional award. Once issued, the interpretation becomes part of the award and as such, binding and enforceable.
Costs
Authors: Mangan Mark , Reed Lucy , Choong John 
Published: June 2017

Abstract
This chapter compares the costs of resolving a dispute through arbitration and the cost of resolving a dispute through municipal courts. Cost can be a major factor in terms of deciding whether to have their disputes determined by municipal courts or through arbitration. The chapter presents a table that differentiates the Singapore International Arbitration Centre (SIAC) costs of arbitration to its two regional competitors, the International Criminal Court (ICC), and Hong Kong International Arbitration Centre (HKIAC). SIAC tribunal fees are cheaper than ICC tribunal fees. Its tribunal fees are also capped at an amount less than the maximum fees payable to a HKIAC arbitrator.
Ad Hoc Arbitration
Authors: Mangan Mark , Reed Lucy , Choong John 
Published: June 2017

Abstract
This chapter discusses the function of the Singapore International Arbitration Centre (SIAC) in facilitating an ad hoc arbitration. SIAC offers services to the parties and the tribunal when it is asked to exercise its statutory powers as an appointing authority in ad hoc arbitrations. The support of SIAC in administering ad hoc arbitrations can be invited through the request of both parties or through an appointment by the Secretary-General in exercising his powers under the UNCITRAL Arbitration Rules.
Parallel Proceedings
Authors: McLachlan Campbell , Shore Laurence , Weiniger Matthew 
Published: June 2017

Abstract
Chapter 4 deals with a complex set of problems that have arisen in determining the relationship between parallel claims in investment arbitration and other forms of dispute resolution, including proceedings in host State courts. Five issues which arbitral tribunals have had to confront in considering the impact of other forms of dispute resolution upon their jurisdiction are explored in particular: (1) the distinction between breach of contract and breach of treaty; (2) election, waiver, and ‘fork in the road’; (3) prior resort to local remedies; (4) internationalised contract claims and ‘umbrella clauses’; and (5) parallel treaty arbitration. The chapter considers the extent to which the general doctrines of lis pendens, res judicata, election, waiver, and abuse of process are capable of application in investment treaty arbitration.