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Good Faith in International Arbitration
Although considered a somewhat ‘hazy’ concept (particularly in common law), good faith may nevertheless be defined as a duty incumbent on a person negotiating or performing an agreement. Thus, it may be understood as obligatory on all parties in the conduct of arbitral proceedings. In this collection of expert chapters, notable jurists and legal academics from around the world fully investigate the multifaceted notion of good faith in international arbitration. All the following aspects of the matter are covered: detailed analysis of good faith in both common law and civil law traditions as reflected in doctrine, scholarship, and case law; good faith implications in treaty interpretation...
Good Faith in International Commercial Arbitration
From the perspective of users of international commercial arbitration, the uncertainties surrounding the application of good faith by an arbitral tribunal create an unwelcome unpredictability. Acknowledging this prevalent situation, this book is the first to study in depth the available international arbitral awards that have applied good faith, thus providing detailed guidance on how this notion is (and can be) applied by tribunals in international commercial arbitration. Moreover, the author proposes a set of deeply informed guidelines for the future application of good faith by arbitral tribunals to both the parties’ contract and the arbitration agreement. This book provides a comprehen...
Transnational Due Process and Article V(1)(b) of the New York Convention
Widely regarded as the most important ground for refusal under the 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention), Article V(1)(b), commonly referred to as the ‘due process’ clause, is interpreted in diverse ways across jurisdictions. This book not only thoroughly examines the variety of approaches to the clause adopted by different national courts but also presents a particular understanding of the transnational approach to the due process defence grounded in the interpretative framework of the Vienna Convention on the Law of Treaties. Drawing on insights and methods from comparative law that consider not only national ...
International Investment Law and the Law of the European Union
International Arbitration Law Library The fragility of the relationship between international law and European Union (EU) law comes to the fore when a dispute arises between an EU Member State and a multinational corporate investor. This book analyzes the legislative and jurisprudential backbone affecting both policy and practice in this area, showing in the process how both the autonomy of the EU legal order and the sovereignty of Member States can be strengthened through a common investor protection policy inside the EU with an efficient adjudication mechanism promised by the EU’s “new generation” agreements. With a thorough analysis of the parameters that the Court of Justice of the...
ESG and Disputes
ASA Special Series ‘We must measure what we value, not just value what is simple to measure.’ This statement from the US White House encapsulates the global trend dubbed ESG – an insistence on attending to the natural environment, social values, and responsible governance in business affairs. A salient aspect of this trend is the ‘explosion’ of human rights and environment-related disputes that have come to the fore on the international legal landscape. In this timely and crucially important volume, distinguished jurists, representatives of governments and NGOs, and in-house counsel identify and analyse the sources of ESG-related litigation and arbitration, providing an extensive t...
Swiss Contract Law in International Commercial Arbitration
This book provides a systematic presentation of the most important commercial contracts under Swiss law, i.e., the contract of sale, the contract for work and services, the simple mandate contract, and the commercial agency contract, as well as the licence agreement, the exclusive distribution agreement, and the settlement agreement. The book also contains an in-depth introduction of the Swiss law of obligations, covering topics such as the fundamental principles of contract law, the obligation (as the effect of the contract), the formation of contracts, contract interpretation, validity of contracts, agency, general terms and conditions, and breach of contract. After English law, Swiss law is deemed to be the most attractive law applicable to the parties' contract in an international context. At the same time, English is usually chosen as the language of the arbitration proceedings. This book will therefore be an indispensable resource for all English-speaking lawyers interested in international commercial arbitration.
China-Africa Dispute Settlement
The nature and magnitude of the growth in China-Africa economic relations in recent years is unprecedented and extraordinary. According to recent estimates, the value of China’s trade with African nations grew from a mere USD 10 million in the 1980s to USD 55 billion in 2006, and to more than USD 100 billion by the end of 2009, at which time nearly 1,600 Chinese companies were doing business in Africa with a direct stock investment of about USD 7.8 billion. The accelerating impetus of China-Africa trade has overtaken some crucially important features of an effective trade regime, most notably a fully trustworthy dispute resolution system. It is the current and potential future efficacy of ...
Auslegung von Schiedsvereinbarungen
Ausgehend vom deutschen und osterreichischen Recht untersucht Katharina Plavec, inwieweit sich die Interpretation von Schiedsvereinbarungen in verschiedenen Jurisdiktionen von der Auslegung anderer Vertrage unterscheidet. Dabei geht sie zunachst auf die bedeutende Vorfrage des auf die Schiedsklausel anwendbaren Rechts ein. Die anschliessende Analyse der materiellrechtlichen Auslegungsmethoden ergibt, dass diese grundsatzlich auf die Schiedsvereinbarung Anwendung finden. Schliesslich zeigt die Autorin problematische Konstellationen, bei denen der Auslegung besonderes Gewicht zukommt: Vertrage mit sowohl einer Gerichts- als auch einer Schiedsklausel, Pathologien im Hinblick auf die Schiedsinstitution, sogenannte hybride Klauseln sowie Unklarheiten hinsichtlich der objektiven Reichweite der Schiedsklausel. Nach einer Darstellung der Rechtsprechung entwickelt Katharina Plavec Losungswege fur diese Fallgruppen.
How We Learn
Having published in 11 languages and sold in more than 100,000 copies, this fully revised edition of How We Learn examines what learning actually is and why and how learning and non-learning takes place. Focusing exclusively on learning itself, it provides a comprehensive yet accessible introduction to traditional learning theory and the newest international contributions, while at the same time presenting an innovative and holistic understanding of learning. Comprising insightful and topical discussions covering all learning types, learning situations and environments this edition includes key updates to sections on: School-based learning Reflexivity and biographicity E-learning The basic d...
