bluuebunny/crossref_metadata_2025_split huggingface dataset:
Applicable Privilege Standard in Investor–State Arbitration and Comparison with International Commercial Arbitration
Authors: Möckesch Annabelle 
Published: June 2017

Abstract
In investor–state arbitrations, which are concerned with the resolution of disputes between foreign investors and states parties over the state’s exercise of its public authority in relation to legislative, administrative, or judicial measures, the parties often invoke attorney–client privilege as a defence to document production requests. This chapter therefore examines how arbitral tribunals have determined the applicable attorney–client privilege standard in investor–state arbitration. It reports on several procedural orders and decisions issued by arbitral tribunals constituted under the North American Free Trade Agreement and other bilateral or multilateral treaties. As in these proceedings attorney–client privilege claims often arise together with Cabinet privilege claims, the tribunals’ findings on the applicable Cabinet privilege standard are presented as well. Lastly, the chapter explores whether the solution proposed for international commercial arbitration can also be adopted in investor–state arbitration.
China
Authors: Tao Jingzhou 
Published: June 2017

Abstract
This chapter evaluates the merits of China as a venue for international arbitration proceedings. It discusses the history and development of arbitration in China; 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 for foreign investors, arbitration is a better choice than litigation to resolve disputes. Choosing a Chinese arbitration commission instead of the People's Court not only provides the common advantages of arbitration, but also better shields the foreign party from the strong local protectionism in the local judiciary and from the professional incompetence of some judges. More importantly, arbitral awards rendered by arbitration institutions in China are more easily recognized and enforced in other countries than judgments issued by Chinese courts, as China is a signatory to the New York Convention, but has not yet entered into to judgment recognition and enforcement treaties with most of the major world economies.
Dubai
Authors: Tamimi Essam Al , Karrar-Lewsley Robert 
Published: June 2017

Abstract
The Dubai International Financial Centre (DIFC) is an English-language, common law jurisdiction in the heart of Dubai, United Arab Emirates (UAE). It has its own civil and commercial laws distinct from the rest of the UAE, and an English-style common law court system. The DIFC adheres to the New York Convention and has a modern arbitration law based on the United Nations Commission on International Trade Law (UNCITRAL) Model Law. It also hosts an international arbitration center, the DIFC-LCIA. This chapter begins with an overview of the DIFC and its legal system. It then reviews its arbitration law and the practical considerations that need to be taken into account when choosing the DIFC as an arbitral seat. It argues that DIFC provides a good, if relatively untested, seat for arbitration. It has a comprehensive and modern Model Law-based arbitration law, and an efficient and pro-arbitration English language court system to act as the curial court. DIFC awards have been enforced within the UAE and should be readily enforceable outside the DIFC pursuant to the New York Convention.
Germany
Authors: Happ Richard 
Published: June 2017

Abstract
This chapter evaluates the merits of Germany as a venue for international arbitration proceedings. It discusses the history and development of arbitration in Germany; 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 Germany offers a modern and effective legal framework for international arbitration. As in other popular arbitration jurisdictions, there are deviations from the United Nations Commission on International Trade Law (UNCITRAL) Model Law regarding the courts' control of and assistance in the proceedings that do not affect Germany' s general suitability as arbitration venue. Nevertheless, a German venue is not always on the shortlist of counsel and arbitral tribunals. One possible obstacle in the minds of foreign lawyers is that there is not a single German arbitration venue akin to London for the United Kingdom or Paris for France. Instead, there are at least six suitable venues in Germany. The ability to choose should not be seen as an obstacle, but rather as an advantage.
Hong Kong
Authors: Moser Michael , Choong John 
Published: June 2017

Abstract
This chapter evaluates the merits of Hong Kong as a venue for international arbitration proceedings. Hong Kong is a Special Administrative Region of the People's Republic of China (PRC). British rule ended in 1997, with the PRC assuming sovereignty under the ‘one country, two systems’ principle. Hong Kong has long been one of the leading arbitral seats in Asia. Its prominence as a leading arbitral seat is due in large part to the establishment of the Hong Kong International Arbitration Centre (HKIAC) in 1985 and adoption in 1990 of the United Nations Commission on International Trade Law (UNCITRAL) Model Law on International Commercial Arbitration. Arbitration law and practice has remained unaffected by the handover to the PRC. Today Hong Kong continues to be widely regarded as one of the leading arbitral venues in Asia, particularly for China-related disputes. In addition, Hong Kong is also increasingly seen as one of the leading international arbitration seats worldwide.
India
Authors: Mukhopadhaya Ciccu 
Published: June 2017

Abstract
This chapter evaluates the merits of India as a venue for international arbitration proceedings. It discusses the history and development of arbitration in India; the processes and rules involved as well as the role of courts in the conduct of arbitration proceedings; and rules for arbitral awards. Many arbitration practitioners lament the current state of affairs in India. Delays are common at nearly every stage of arbitration, from the very constitution of the tribunal, to the conduct of the arbitration proceedings, and the delivery, challenge, and enforcement of awards. India is not equipped with good hearing centers. Hearings are usually held in luxury hotels, adding to cost. Transcription facilities are also not available.
São Paulo
Authors: Serec Fernando Eduardo , Neto Antonio Marzagão Barbuto 
Published: June 2017

Abstract
This chapter evaluates the merits of Sao Paulo as a venue for international arbitration proceedings. It discusses the history and development of arbitration in Brazil; 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 Sao Paulo's status as Brazil's leading center for business and financial transactions makes it the perfect breeding ground for arbitration. From the creation of the first arbitration center in 1979, to the consolidation of an ‘arbitration culture’ by the relentless work of the local arbitration community, Sao Paulo remains Brazil's preferred venue for arbitral proceedings. The decisions by the local courts represent the most compelling evidence that Sao Paulo is comparable to other major international arbitration venues.
Singapore
Authors: Oo Minn Naing 
Published: June 2017

Abstract
Singapore is currently one of the world's leading arbitration destinations. In addition to having recently hosted the 21st Congress of the International Council for Commercial Arbitration (ICCA), the reputation of the Singapore International Arbitration Centre (SIAC) and Maxwell Chambers as being among the leading arbitration-related institutions in the world is testament to the growing significance of international arbitration in the Asia-Pacific region, as well as to the leading role that Singapore has played in contributing to the collective jurisprudence, expertise, activity, and interest in international arbitration. This chapter considers the provisions of the statutory regime and jurisprudence that contributed to establishing Singapore as a pro-arbitration jurisdiction. It provides selected ‘snapshots’ of the current legislative framework as well as recent judicial decisions in the Singapore courts on issues relating to international arbitration.
Stockholm
Authors: Andersson Fredrik , Löf Kristoffer 
Published: June 2017

Abstract
This chapter evaluates the merits of Stockholm as a venue for international arbitration proceedings. It discusses the history and development of arbitration in Sweden; 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 legal framework, the practice of the courts, and the experience of Swedish arbitration practitioners, all ensure an arbitration-friendly environment at the highest international standards. Stockholm and the Stockholm Chamber of Commerce (SCC) have long maintained a position as a preferred venue for resolving international disputes in general and disputes with an East-West dimension in particular. The long tradition of arbitration in Sweden has yielded a rich body of case law relating to arbitration, providing for a predictable procedure. The Swedish courts respect and enforce arbitration agreements and do not interfere unduly in arbitration proceedings. Awards cannot be challenged based on the merits and can be set aside only on the basis of serious procedural irregularities or narrowly defined issues of non-arbitrability or public policy.
Switzerland
Authors: Brown-Berset Dominique , Grisel Diane 
Published: June 2017

Abstract
This chapter evaluates the merits of Switzerland as a venue for international arbitration proceedings. It discusses the history and development of arbitration in Switzerland; the processes and rules involved as well as the role of courts in the conduct of arbitration proceedings; and rules for arbitral awards. Switzerland is one of the preferred venues for international arbitration due to its neutrality, central location in Europe, multi-lingual and multi-cultural environment, established infrastructure, experienced bar with a long tradition of comparative law, prominent scholars who contribute to the development of international arbitration theory and practice, and the dynamic Swiss Arbitration Association (ASA). Given this thriving environment and its combined tradition and history of arbitration, Switzerland will continue to foster and contribute to the development of international arbitration as the preferred means of dispute resolution in commercial matters.
Sydney
Authors: AO Doug Jones 
Published: June 2017

Abstract
This chapter evaluates the merits of Sydney as a venue for international arbitration proceedings. It discusses the history and development of arbitration in Australia; 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 Sydney has a robust legal framework that adheres to internationally accepted standards. Its judiciary is independent and supportive of arbitration, and Sydney offers affordable and convenient facilities for arbitration, as well as effective institutional support and the availability of specialized legal advice. Given its proximity to some of the world's economic hubs, Sydney is an ideal option for parties who are interested in an affordable, independent, and supportive seat for international arbitrations.
United States (New York, Miami, Houston)
Authors: Fellas John , Elul Hagit 
Published: June 2017

Abstract
This chapter evaluates the merits of the United States as a venue for international arbitration proceedings. It discusses the history and development of arbitration in the United States; 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 United States — and New York, Florida, and Texas, in particular — offers a favorable venue for international arbitration. The Federal Arbitration Act offers a simple, yet effective, framework for the enforcement of arbitration agreements and arbitral awards. US courts will act to further the strong federal policy in favor of arbitration by strictly enforcing arbitration agreements and awards, while at the same time minimizing judicial interference into the arbitral process. In addition to enjoying legislative and judicial support, parties to international arbitration can find the institutional support they need from experienced arbitral institutions that offer well developed arbitral rules.
Arbitration in Singapore
Authors: Mangan Mark , Reed Lucy , Choong John 
Published: June 2017

Abstract
This chapter examines the Singapore International Arbitration Centre (SIAC) in an examination of the significant features of arbitration in Singapore. The SIAC has received over 1,800 cases in 20 years. The rise of Singapore as a global centre for international arbitration can be traced to a number of factors. The SIAC has modern arbitration laws, state-of-the-art arbitration facilities, and a supportive government and judiciary. It also has a common-law legal tradition coupled with civil-law arbitration practices, and a geographically-well position. Each SIAC rule is analysed against the background of access to the travaux préparatoires of the 2010 SIAC Rules Drafting Committee, as well as involvement in the drafting of the 2013 SIAC Rules.
Legal Framework for Arbitration in Singapore
Authors: Mangan Mark , Reed Lucy , Choong John 
Published: June 2017

Abstract
This chapter presents the legislative framework and the enforcement of awards in Singapore to discuss its arbitration process. Two statutes regulate arbitration in Singapore — the International Arbitration Act (IAA), which governs international arbitrations held in Singapore, and the Arbitration Act (AA), which governs the non-international arbitrations in Singapore. The chapter examines how courts lend their support and exercise supervisory powers over arbitrations seated in Singapore. Awards rendered pursuant to the International Convention on the Settlement of Investment Disputes (ICSID) Convention may be enforced in accordance with the Arbitration.
SIAC Corporate Structure
Authors: Mangan Mark , Reed Lucy , Choong John 
Published: June 2017

Abstract
This chapter discusses the corporate structure of the Singapore International Arbitration Centre (SIAC), which is composed of the Board of Directors, the Court of Arbitration of the SIAC, the Chief Executive Officer (CEO), and the secretariat. The Board constitutes lawyers and business executives. They had quasi-judicial functions under the 2010 SIAC Rules. The SIAC Court includes leading arbitration specialists from different countries. It oversees the work of the SIAC Secretariat and performs certain quasi-judicial functions previously performed by the SIAC Chairman and Committees of the Board. The CEO is responsible for the overall management and operations of SIAC, such as business development and marketing functions. The Secretariat is responsible for the day-to-day administration of disputes referred to SIAC, as well as the organization's business development.
Expedited Proceedings
Authors: Mangan Mark , Reed Lucy , Choong John 
Published: June 2017

Abstract
This chapter presents an overview of the proceedings of the Singapore International Arbitration Centre (SIAC) to address its failure to resolve the expeditious resolution of disputes. There is a tension at the core of modern international arbitration. Parties seek fast, cost-efficient and final dispute resolution; however, the absence of an appeal mechanism for arbitral awards generates a need for comprehensive analysis for retention of the best lawyers and arbitrators. This creates a risk of long and expensive arbitration proceedings. The tension makes international arbitration inefficient in dealing with urgent cases.
Formation and Challenge of the Arbitral Tribunal
Authors: Mangan Mark , Reed Lucy , Choong John 
Published: June 2017

Abstract
This chapter discusses the formation of the arbitral tribunal. Parties can choose to have their disputes resolved by one or three arbitrators of a tribunal from the Singapore International Arbitration Centre (SIAC), but they cannot ‘appoint’ arbitrators directly to a tribunal, even if they purport to do so in agreement. The majority of SIAC cases are determined by a sole arbitrator. In the absence of an agreement of the parties on the number of arbitrators, the SIAC Rules provide for the appointment of a sole arbitrator unless the Registrar considers that a three-person tribunal is more appropriate.
Jurisdiction of the Tribunal
Authors: Mangan Mark , Reed Lucy , Choong John 
Published: June 2017

Abstract
This chapter discusses the jurisdiction of the Tribunal in the Singapore International Arbitration Centre (SIAC) arbitration. SIAC Rule 25 confirms the power of the Tribunal to rule on its own jurisdiction with respect to the existence, termination, or validity of the arbitration agreement. If a party objects to the existence or validity of the arbitration agreement, or to the competence of SIAC to administer arbitration, a plea that the Tribunal is exceeding the scope of its jurisdiction shall be raised promptly after the Tribunal has indicated its intention to decide on the matter believed to be beyond the scope of its jurisdiction.
Interim and Emergency Relief
Authors: Mangan Mark , Reed Lucy , Choong John 
Published: June 2017

Abstract
This chapter discusses the interim and emergency relief process in Singapore International Arbitration Centre (SIAC) arbitration. Interim relief is a temporary step or measure taken by the tribunal or a national court in order for the arbitral proceeding to function effectively. A party involved in SIAC arbitration has three available avenues for seeking interim relief — the tribunal, an Emergency Arbitrator, and a court of competent jurisdiction. The Tribunal may order the party requesting an interim relief to provide appropriate security in connection with the relief. A party needing an emergency relief prior to the members of the Tribunal may seek relief to an Emergency Arbitrator. Courts can grant certain kinds of relief when there is a third party involved in an arbitration — an injunction to prevent the dissipation of assets, destruction of evidence, or parallel proceedings.
Miscellaneous Provisions
Authors: Mangan Mark , Reed Lucy , Choong John 
Published: June 2017

Abstract
This chapter discusses miscellaneous provisions in the Singapore International Arbitration Centre (SIAC) Rules. Both Singapore law and the SIAC Rules exclude liability for the acts or omissions of those administering and deciding arbitrations. SIAC Rule 35 requires the parties and the tribunal to treat all matters relating to the proceedings and the award as confidential. The decisions of the President, the Court, and the Registrar with respect to all matters relating to arbitration shall be conclusive and binding upon the parties and the Tribunal.
SIAC Domestic Arbitration
Authors: Mangan Mark , Reed Lucy , Choong John 
Published: June 2017

Abstract
This chapter presents the history of the Singapore International Arbitration Centre (SIAC) Domestic Arbitration Rules. The first edition of the SIAC Rules in 1991 released separate rules for domestic arbitration in May 2001 and in September 2002. SIAC domestic arbitrations are now subject to the same arbitration rules that deal with international cases, with one exception — the power of a tribunal to render a summary award in favour of a claimant or counter claimant if there is no valid defence to some or all of a claim.
International Investment Arbitration
Authors: McLachlan Campbell , Shore Laurence , Weiniger Matthew 
Published: June 2017

Abstract
This is the long-awaited second edition of this widely-referenced work on the substantive law principles of investment treaty arbitration. It forms a detailed critical review of the substantive principles of international law applied by investment arbitration tribunals, and a clear and comprehensive description of the present state of the law. The first edition met with immediate success as a result of the authors’ achievement in describing and analysing the volume of law created, applied and analysed by tribunals. The second edition is fully updated to take account of the arbitration awards rendered in the period since 2007. Written by an internationally recognised author team, it is now the most comprehensive and up to date work in its field and no practitioner or academic can afford to be without it.
Introduction
Authors: McLachlan Campbell , Shore Laurence , Weiniger Matthew 
Published: June 2017

Abstract
This book explains the substantive principles underlying international investment arbitration. The Introduction begins with the proposition that, despite their great variety, investment treaties are not self-contained regimes. They are creatures of international law: their meaning is to be considered in light of the larger system of which they form a part. Having outlined the structure and subject-matter of the book, the Introduction considers the extent to which it can properly be said that there are common principles of investment law, developed through arbitral awards and the practice of States in concluding treaties. It concludes with a discussion of the importance of balanced doctrinal analysis in the development of the field.
Dispute Resolution Provisions
Authors: McLachlan Campbell , Shore Laurence , Weiniger Matthew 
Published: June 2017

Abstract
Chapter 3 examines those aspects of dispute resolution provisions commonly found in bilateral investment treaties (BITs), with particular emphasis on four fundamental issues in the settlement of investment disputes through arbitration: (1) the clauses in investment treaties that provide for investor–State arbitration, focusing on the issue of the existence and limits of the consent to arbitrate; (2) transparency and the extent to which non-parties may be heard in the process; (3) the legal nature of the rights contained in investment treaties within the choice of law framework applicable to investment arbitration, in which both international law and host State law have a role to play; and (4) the overall approach to be taken to the interpretation of BITs under the general rule of interpretation provided in the Vienna Convention. The chapter concludes by discussing the role precedent plays in the development of investment treaty law.
Nationality
Authors: McLachlan Campbell , Shore Laurence , Weiniger Matthew 
Published: June 2017

Abstract
Chapter 5 examines the nationality of the claimant as a jurisdictional condition to the ambit of protections afforded by investment treaties. It first provides an overview of the nationality requirement in investment law before discussing the role of precedent in resolving three key controversial jurisdiction ratione personae issues: (1) the dual nationality of individuals; (2) the problems arising from corporations under foreign control; and (3) the restructuring of corporate nationality in order to seek to achieve the benefits of treaty protection. The chapter analyses the nationality and control requirements of both the ICSID Convention and of investment treaties themselves. It concludes with the effectiveness of denial of benefits clauses.