Arbitration as Balanced Administration of Justice

Massimo Benedettelli was full professor of International Law at the Department of Law of the University Aldo Moro (Bari, Italy) until February 2023, and is now Fellow of Business Law and Director of the program on International Arbitration and Risk Management at SDA Bocconi, Milan. He is the Italian member of the ICC Court of Arbitration. Andrea Carlevaris is the President of the Italian Association for Arbitration and a former Secretary General of the ICC International Court of Arbitration. He is the author of numerous publications on international law and international arbitration and a former member of the ICC International Court of Arbitration and of the Board of Directors of the SCC Arbitration Institute. Antonio Crivellaro is a former Professor of international law and international trade law. He is the author of several publications on the law of international investments, contracts, and arbitration, and editor in chief of Diritto del Commercio Internazionale. He is a former Member of the ICSID List of Arbitrators for Italy. Maria Beatrice Deli is Professor of International Law at Universitas Mercatorum (Rome, Italy). She is Secretary General of the Italian Association for Arbitration and Co-Director of the Certificate in International Commercial and Investment Arbitration.

Essays in honor of Piero Bernardini

 Foreword by the Editors

A Colleague, a Friend

 By Andrea Giardina

Notes on Contributors



1 The Proper Role of the Seat in International Commercial Arbitration: a Minimalist Perspective

 Diego P. Fernandez Arroyo and Luca G. Radicati di Brozolo

2 Res Judicata as a Principle of Internationa Law

 John Beechey and Niccolò Landi

3 Roman Law Legacies for International Arbitration in the Third Millennium

 Massimo V. Benedettelli

4 ICC Award of 5 June 1996 No. 7375: a Significant Recognition of the Role of the UNIDROIT Principles in International Arbitration

 Michael Joachim Bonell

5 State Representation in International Arbitration a Tale of Two Governments

 Federico Alberto Cabona

6 Sports Arbitration and the Guarantees of Article 6.1 of the European Convention on Human Rights: the Case of Mutu and Pechstein

 Prof. Lucius Caflisch

7 The Arbitrator’s Duty of Freedom

 Thomas Clay

8 The Applicable Law in Arbitration Proceedings at the Court of Arbitration for Sport

 Massimo Coccia

9 The Arbitrator’s Duty of Disclosure: International Experience and Italian Law

 Diego Corapi

10 Corruption and Arbitration: Arbitrability, Jurisdiction, Admissibility or Merits?

 Giuditta Cordero-Moss

11 War Claims in Investment Arbitration

 Antonio Crivellaro

12 Revision of the Award by the Arbitrators: an Issue to Revisit?

 Antonias Dimolitsa

13 State University of Milan – Law Faculty – International Law

 Luigi Fumagalli

14 Piero Bernardini’s Legacy in Investment Arbitration: the Philip Morris V Uruguay Case

 Meg Kinnear and Carlos Molina Esteban

15 “Bifurcation” of Arbitral Proceedings Considered from a Different Angle

 Richard Kreindler and Roberto Argeri

16 The Tribunal’s Reasoning: Is Investor-State Arbitration Special?

 Carolyn B. Lamm, Eckhard Hellbeck, and Maximilian Clasmeier

17 The Law Applicable to Issues of Proof in International Arbitration

 Pierre Mayer

18 Walking the Extra Mile on the “Extension” of the Arbitration Agreement to non-Signatories? A French Perspective

 Alexis Mourre and Valentine Chessa

19 Soft Law in International Investment Arbitration

 Fulvio M. Palombino

20 After Komstroy: Resolving the Conflict between the EU Court of Justice and ICSID Tribunals on ECT intra-EU Arbitration by Denying Their Jurisdiction Based on the Lisbon Treaty as an Inter-se Agreement pursuant to Article 41 VCLT

 Giorgio Sacerdoti

21 Experts as Tribunal Advisors and Specific Performance: Piero Bernardini Legacy for Technically Complex Cases

 Michael E. Schneider

22 Notice and Wait

 Christoph Schreuer

23 Evolution and Improvement of the Investor-State Dispute Settlement System: the UNCITRAL and ICSID Contribution

 Bernardo Sepúlveda Amor and Pamela Payró Katthain

24 Separability and the Law Applicable to the Substantive Validity of Arbitration Agreements

 Giovanni Zarra



Index