Contemporary Problems in International Arbitration

1 The School of International Arbitration.- 1 The birth of the School of International Arbitration.- 2 The School of International Arbitration: aspirations and objects.- 3 International arbitration — teaching and research.- 2 The jurisdiction and authority of arbitrators.- 4 ICSID arbitration.- 5 States in the international arbitral process.- 6 The sources and limits of the arbitrator’s powers.- 7 Determination of arbitrators’ jurisdiction and the public policy limitations on that jurisdiction.- 8 The sources and limits of the arbitrator’s powers in England.- 9 The law applicable to the merits of the dispute.- 10 The applicable law: general principles of law — the lex mercatoria.- 11 The law governing the agreement and procedure in international arbitration in England.- 3 International arbitration procedure.- 12 The extent of independence of international arbitration from the law of the situs.- 13 The role of national law and the national courts in England.- 14 The role of the courts under the UNCITRAL model law script.- 15 Supplementary rules governing the presentation and reception of evidence in international commercial arbitration.- 16 Judicial assistance for the arbitrator.- 17 The supervisory and adjunctive jurisdiction of American courts in arbitration cases.- 18 The conduct of ICC arbitration proceedings.- 19 The conduct of arbitration proceedings under English law.- 20 Finality of arbitral awards and judicial review.- 4 International arbitration involving states and state-entity parties.- 21 The strengths and weaknesses of international arbitration involving a state as a party.- 22 Disputes between states and foreign companies.- 23 The strengths and weaknesses of international arbitration involving a state as a party: practical implications.- 24International arbitration between states and corporate entities: a cautionary note.- 25 Settlement of disputes within the framework of foreign debt rescheduling in Latin American countries.- 26 Arbitration with foreign states or state-controlled entities: some practical questions.- 27 Structuring the arbitration in advance — the arbitration clause in an international development agreement.- 28 Sovereign immunity and transnational arbitration.- 29 Sovereign immunity and arbitration.- 30 Enforcement of arbitral awards in Eastern Europe.- 31 The recognition and enforcement of foreign arbitral awards in the states of the Arab Middle East.- 32 So far, so good: enforcement of foreign commercial arbitration awards in United States courts.- 33 The enforcement of arbitral awards against a state: the problem of immunity from execution.