bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Arbitral Award
Authors: Kim Joongi 
Published: June 2017

Abstract
This chapter deals with the issues and developments in the area of arbitral awards. Chapter 5 of the Arbitration Act covers arbitral awards and closely follows most of the corresponding provisions of Chapter VI of the Model Law. One notable change under the new Article 32.4 is that arbitral awards no longer need to be deposited at a competent court but may be so done at the request of a party. In addition, as discussed in the previous chapter, a tribunal may award both costs and delay interest in its arbitral awards. Moreover, the cases discussed in this chapter deal more specifically with the content, form, and effect of arbitral awards; the types of awards; the tribunal’s ordering of remedies, damages, and profits; and the costs and interests to be specified in the awards.
Arbitration of International Mining Disputes
Authors: Burnett Henry G , Bret Louis-Alexis 
Published: June 2017

Abstract
International mining disputes represent a significant and growing area of disputes over natural resources, yet the unique risks inherent in the mining industry set them apart, both in the nature of the disputes and the approach taken to resolve them. International arbitration has emerged as the mechanism of choice for the resolution of such disputes. This has given rise to a wealth of arbitral decisions from which certain principles specific to the mining sector are developing. This book brings together thorough analysis of arbitral decisions and insightful commentary on both dispute resolution and the business of mining, in order to provide a comprehensive guide to arbitration in the mining sector. Part I introduces the different parties involved in international mining projects; Part II explains the main risks and challenges involved in mining projects and how they result in different types of disputes; Part III provides practical advice for parties and counsel involved in international mining disputes, including in-depth analysis of the confidentiality issues that so often arise in connection with international mining disputes and the conditions and strategies for the settlement of these disputes; and Part IV examines the substantive principles applicable to international commercial and investor-State mining disputes.
Mining Companies
Authors: Burnett Henry G , Bret Louis-Alexis 
Published: June 2017

Abstract
Mining companies are corporations or partnerships primarily involved in the exploration or production of metal or mineral deposits. There are approximately 2,100 mining companies in the world today, 100 of which are referred to as majors and 200 as mid-tier. Approximately 1,700 junior mining companies (referred to as juniors) constitute the vast majority of mining companies in existence today. These juniors are typically focused on mining exploration and often do not generate revenues. Finally, approximately 80 State-owned national mining companies (NMCs) play a significant role in the global mining industry. This chapter discusses each of these four categories of mining companies in detail, in relation to their respective focus, risks undertaken, and types of investment they attract and disputes in which they may find themselves involved.
Advantages of Arbitration for International Mining Disputes
Authors: Burnett Henry G , Bret Louis-Alexis 
Published: June 2017

Abstract
This chapter discusses arbitration for international mining disputes. Such disputes often involve parties from different countries often with different legal systems and cultures. Arbitration in a neutral forum, with independent and impartial decision-makers, as opposed to litigation in the national courts of one party or the other, is, in most cases, the preferred international dispute resolution mechanism. Some of the more well-known international institutions include the International Chamber of Commerce (ICC), London Court of International Arbitration (LCIA), International Centre for Dispute Resolution (ICDR), and the International Centre for Settlement of Investment Disputes (ICSID). The remainder of the chapter provides a general overview of the role of national courts in connection with the international arbitration process and some of the primary issues that involve consideration by national courts.
The History of ICSID
Authors: Parra Antonio R 
Published: June 2017

Abstract
This revised edition of the text details the history and development of the International Centre for Settlement of Investment Disputes (ICSID) and its constituent treaty, the Convention on the Settlement of Investment Disputes between States and Nationals of Other States. The book traces the immediate origins of the Convention, in the years 1955 to 1962, and gives a stage-by-stage narrative of the drafting of the Convention between 1962 and 1965. It recounts details of bringing the Convention into force in 1966 and the elaboration of the initial versions of the Regulations and Rules of ICSID adopted at the first meetings of its Administrative Council in 1967. The four periods 1968 to 1988, 1989 to 1999, 2000 to 2010 and 2011 to 2015 are covered in separate chapters which examine the expansion of the Centre’s activities and changes made to the Regulations and Rules over the years. There are also overviews of the conciliation and arbitration cases submitted to ICSID in the respective periods, followed by discussions of selected cases and key issues within them. A concluding chapter discusses some of the broad themes and findings of the book, examines how ICSID might meet several large new challenges facing it and outlines several possible further changes of its rules and procedures. The book offers unique insight into the establishment and design of ICSID, as well as into how the institution evolved and its relationship with the World Bank over the 50 years since the establishment of ICSID.
ICSID’s First Two Decades
Authors: Parra Antonio R 
Published: June 2017

Abstract
This chapter examines the activities of the International Centre for Settlement of Investment Disputes from 1968 to 1988. It discusses institutional developments, promoting consents to the jurisdiction of ICSID, an overview of the early cases, the 1984 amendments of the ICSID Regulations and Rules, the Additional Facility, the appointing authority role and the investment law publishing activities.
ICSID from 1989 to 1999
Authors: Parra Antonio R 
Published: June 2017

Abstract
This chapter deals with the last year of the 1980s and all of the subsequent decade. Though mostly placid for ICSID, the period was one of momentous change elsewhere in the World Bank Group and, of course, in the world at large. Section I describes the growing network of investment treaties, which was to have a tremendous impact on ICSID. The Multilateral Agreement on Investment episode is also discussed. There were many new signatures and ratifications of the ICSID Convention in the 1990s. They are recounted in Section II, which also looks at the working of the ICSID Secretariat during the decade. An overview of the cases submitted to ICSID between 1989 and 2000 is provided in Section III. Among them were the first Additional Facility cases. The Additional Facility cases, six of which were brought to the Centre under the investment chapter of the NAFTA, are examined in Section IV. The potential of bilateral investment treaties (BITs) to generate cases for ICSID started to be realized in earnest in this period. Several of the new BIT cases led to decisions that were particularly influential in the development of subsequent jurisprudence. These leading BIT cases are examined in Section V.
ICSID from 2000 to 2010
Authors: Parra Antonio R 
Published: June 2017

Abstract
This chapter examines activities of the Centre in the first decade of the twenty-first century. Section I begins by reviewing ratifications of the ICSID Convention in the period 2000 to 2010. It then turns to the management, staffing and finances of the Secretariat during the period. Additions to the Panels of Conciliators and of Arbitrators are also considered. Two sets of amendments of the Regulations and Rules of the Centre were passed during the decade to meet changing demands on ICSID. These amendments are examined in Section II. An overview of the expanded caseload is provided in Section III.
Product Governance and Product Intervention under MiFID II/MiFIR
Authors: Busch Danny 
Published: June 2017

Abstract
This chapter analyses the product governance and product intervention rules introduced by MiFID II/MiFIR. It argues that the combination of these two approaches designed to exclude harmful products from the market is a major step forward in investor protection. However, complying with product governance rules will entail costs for the firms concerned. They will have to put in place the requisite internal procedures and there will be a statutory duty for the firm developing the product and the firm distributing it to exchange a considerable volume of information. All in all, the author believes that these extra costs are acceptable; and are dwarfed by the social costs of marketing harmful financial products. The author argues that MiFID II’s introduction of product governance rules and product intervention rules is common sense. It would be naive to think that product governance rules could in practice guarantee that harmful products are no longer marketed.
SME Growth Markets
Authors: Veil Rüdiger , Di Noia Carmine 
Published: June 2017

Abstract
This chapter considers SME growth markets, introduced under MiFID II as an important strategy to improve access to finance for SMEs in Europe. SME growth markets should be more flexible than regulated markets, but the authors submit this will not be the case: the regime for these will consist of strict rules on insider trading and market manipulation which are subject to supervision by NCAs. These rules, and a disclosure regime ensuring the publication of price relevant information, are important to ensure investor confidence. However, the authors argue that it is neither necessary nor recommendable to apply the respective disclosure obligations under the MAR; instead, a system based on current event reports is sufficient in order to tackle information asymmetries on SME growth markets. The authors conclude that the disclosure regime in Europe should be re-assessed with the aim of allowing market operators to experiment with alternative disclosure obligations.
Dark Trading Under MiFID II
Authors: Gomber Peter , Gvozdevskiy Ilya 
Published: June 2017

Abstract
This chapter focuses on the concept of dark trading in the context of MiFID II, against the background of the MIFID I regulation and its economic consequences for European equity markets. MiFID II aims to increase market transparency and to bring trading of financial instruments into regulated platforms. Extending the waivers introduced by MiFID I, the new Directive announces the double volume cap regime. An additional trading obligation of shares will reduce the extent of OTC trading in Europe. Some market participants and trading venues recently introduced MiFID II-ready solutions preventing dark executions from being subject to the double volume cap regime either by classifying the orders as large in scale or by introducing trading systems based on auction market models. These models and functionalities that already anticipate the future MIFID II regime are also discussed in this chapter.
The Private Law Effect of MiFID I and MiFID II
Authors: Busch Danny 
Published: June 2017

Abstract
This chapter examines how far civil courts are bound by MiFID I/MiFID II under European law, within the following topics: whether civil courts and contracting parties may be less strict or stricter than MiFID I/MiFID II, whether MiFID I/MiFID II has any influence on the principle of ‘relativity’ or ‘proximity’, proof of causation, or a contractual limitation or exclusion of liability in the Member States; and whether the civil courts are obliged to determine if MiFID I/MiFID II rules have been infringed in disputes between investment firms and private investors. The chapter concludes that MiFID II and MiFID I are unclear, and, as the EU Court of Justice has not yet explicitly answered the main questions, it will be necessary to await the further judgments.
The Chartered Institute of Arbitrators (1915–2015)
Authors: Betancourt Julio César 
Published: June 2017

Abstract
This introductory chapter discusses the development of the Chartered Institute of Arbitrators (CIArb) as well as developments in the field of arbitration as the CIArb marks its 100th anniversary in 2015. The principal aim of the Institute was to raise the status of a professional arbitrator to a distinct and recognized position among the learned professions, specifically by means of the study of the law and practice of arbitration. Prior to the Institute’s establishment, there was almost a complete absence of systematic study of this discipline, not only in England, but also in the United States, where arbitration had also found a ground. However, over the last 100 years, the CIArb has become the alma mater of thousands of ‘arbitration’ students from all around the world. The study of the law and practice of these disciplines has been fundamental to the professionalization of arbitrators and arbitration practitioners.
The Dangers of Neglect
Authors: Kaplan Neil , Boltenko Olga 
Published: June 2017

Abstract
This chapter argues that the issue of the law applicable to arbitration agreements has been neglected to such a tremendous extent that even the major arbitral institutions fail to include the choice of law provisions in their model arbitration clauses. As a result of that oversight, very rarely do the parties include the choice of law provision in their arbitration agreements, and many arbitrations degenerate into unnecessary debates as to which law applies. The time has come for parties to select explicitly the law that will govern their arbitration agreement, and perhaps more importantly, for the institutions to recommend that the parties select the law to govern their arbitration agreements. The various approaches offered by arbitration practitioners on the subject are discussed.
Procedural Efficiency in International Commercial Arbitration
Authors: Snodgrass Elizabeth 
Published: June 2017

Abstract
International commercial arbitration is getting bogged down by complaints that the process generally costs ‘too much’ and usually takes ‘too long’. Participants in the arbitral process and the resulting debate readily share scare stories about arbitrations that have gone off the rails in one way or another. Nevertheless, arbitration remains a preferred alternative for parties to many international business transactions. This chapter assesses three techniques that parties might consider when drafting pre-dispute arbitration clauses as techniques ex ante to maximize procedural efficiency: appointing a sole arbitrator; opting for expedited arbitration; and making express provision for summary dismissal of legally unmeritorious claims.
Emergency Arbitrators and Court-Ordered Interim Measures
Authors: Jones Doug 
Published: June 2017

Abstract
Parties to a dispute often need urgent relief and may seek interim measures. Interim measures, also known as ‘temporary measures of protection’ or ‘conservatory measures’ are orders by courts or arbitral tribunals directed at the preservation of the status quo until a decision on the merits of the dispute is rendered. Closely related to interim measures is the concept of the emergency arbitrator-an arbitrator appointed post haste upon the application of a party to a dispute to decide an urgent issue that cannot wait until the constitution of the arbitral tribunal to decide it. This chapter considers the emergency arbitrator provisions in the rules of selected arbitral institutions, and the interplay between these provisions and a court’s ability to order interim measures of protection. It discusses the utility of emergency arbitrator provisions in light of issues of enforceability, giving way to both legal and practical implications for the choice between seeking emergency arbitration instead of court-ordered interim measures.
Legal Standards Applicable to Deciding Applications for Interim Relief
Authors: Hanessian Grant 
Published: June 2017

Abstract
Parties in a dispute sometimes need to obtain relief prior to the final disposition of the case. Such relief-in international arbitration variously termed ‘interim measures of protection’, ‘conservatory measures’, or ‘provisional’, ‘preliminary’, or ‘temporary’ relief-may be necessary to preserve the status quo, to facilitate conduct of arbitral proceedings, or to ensure enforcement of a future award. In recent years, interim relief has received more attention and it has become increasingly possible to identify international standards relevant to applications for interim relief. This chapter considers these emerging standards, with particular emphasis on contributions made by the decisions of investor-state tribunals and emergency arbitrators.
Discovery in Arbitration
Authors: Yanos Alexander 
Published: June 2017

Abstract
This chapter focuses on Section 1782 of Title 28 of the United States Code (USC). One of the stated purposes of 28 USC § 1782 (‘section 1782’) is to provide ‘judicial assistance to foreign or international tribunals’. However, the profound differences between the broad form of discovery available under section 1782 and the narrow form of discovery generally available in international arbitration may create the possibility of conflicts between the process envisioned by the arbitral tribunal and the process made available to parties by the US judiciary. It argues that section 1782 is subject to a strong presumption in favour of discovery. When a foreign litigant wants discovery, but the foreign tribunal may not, courts typically err on the side of the foreign litigant.
Good (and Bad) Initiatives of Arbitrators
Authors: Besson Sébastien 
Published: June 2017

Abstract
This chapter explores the power of arbitrators to take initiatives. It discusses the legal basis and sources of the arbitrators’ power to take initiatives; the exercise of the arbitrators’ discretion; and initiatives to clarify or to correct the parties’ request. It shows that arbitrators indisputably have the power to take initiatives concerning the facts and the law. They may also take initiatives in relation to defective requests presented by the parties. Some initiatives are appropriate, some are not. Ultimately, the distinction between good and bad initiatives will always imply a balancing of interests and will require the careful judgment of the arbitrators.
Managing Construction Conflict
Authors: Stipanowich Thomas J 
Published: June 2017

Abstract
This chapter focuses on the ‘Quiet Revolution’ in the US construction industry. By the last decade of the twentieth century, the construction industry was bogged down by the growth of litigation, making it one of America’s least efficient sectors. Suddenly, it seemed that everyone began exploring and proposing solutions to the construction industry’s crisis. These included initiatives focused on tackling the roots of construction conflict and promoting jobsite collaboration, including partnering and contract terms to more thoughtfully allocate risk and incentivize collaboration. Today, the spirit of the envisioned ‘Quiet Revolution’ is still evidenced in programmes anchored in ‘real time’ and on the jobsite. However, the litigation-oriented legal culture persists, exerting a ‘gravitational pull’ on everything it touches, especially mediation and arbitration.
Shifting the Burden of Proof
Authors: Tweeddale Andrew , Tweeddale Keren 
Published: June 2017

Abstract
The concept of the burden of proof is a fundamental part of any adjudicative procedure-whether it be court proceedings, arbitration, or adjudication. Stepped dispute resolution clauses are now the norm in construction contracts and this chapter examines how these clauses affect the burden of proof. English law provides that in cases where the burden of proof is unclear-because the parties’ cases are equally weighted-the burden of proof lies on the party who would be unsuccessful if it did not produce any evidence. Also, it does not matter if a party is making an affirmative or negative assertion, the burden of proof still lies with that party. The chapter analyses the issue of whether an adjudicator’s decision shifts the burden of proof by considering cases such as Walker Construction (UK) Ltd v Quayside Homes Ltd, City Inn Ltd v Shepherd Construction Ltd, The Construction Centre Group Ltd v The Highland Council, and Aspect Contracts (Asbestos) Ltd v Higgins Construction Plc.
Principle 4
Authors: Calnan Richard 
Published: June 2017

Abstract
This chapter explains that contracts are read in the context of their background facts. These are the facts reasonably available to the parties which are relevant to establishing how a reasonable person would understand what the parties intended by the contract when it was entered into. It discusses the different approaches to context. Some judges are keen to use the context fully. Others would rather limit the extent to which external factors can influence the words of the contract. This is an important practical issue on which there are divergent views, and the chapter discusses the issues concerned and suggests a way forward. It discusses the limitations on the use of context, including the use of prior negotiations and subsequent conduct in interpreting contracts. It also discusses the effect on third parties of a contextual reading of contracts.
Principle 8
Authors: Calnan Richard 
Published: June 2017

Abstract
This chapter considers the circumstances in which the courts will imply terms into contracts. Words are implied into a contract if the parties must objectively have intended them. This will be the case either if they are so obvious that there was no need to express them, or if they are necessary to make the contract work in a business context. The chapter discusses the controversies which have arisen in recent years concerning the scope of a court’s ability to imply terms into a contract. It discusses the tests for the implication of terms and gives practical examples of when they have been applied.
Conclusions and Outlook
Authors: Möckesch Annabelle 
Published: June 2017

Abstract
This final chapter sets out the conclusions reached in the individual parts of this analysis. More specifically, it takes a look at the comparative overview of concepts of attorney–client privilege demonstrated in previous chapters; as well as the applicable attorney–client privilege standard in judicial and administrative proceedings, international commercial arbitration, and investor–state arbitration. The chapter then discusses the proposed rules for attorney–client privilege in international commercial arbitration. . The chapter concludes with an outlook.