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Oji A: UNASSAILABLE

UNASSAILABLE

Inside a Three-Billion-Dollar Arbitration and the Brief That Could Not Be Ignored

Civil Justice Systems

This book addresses how the regulation of international commercial arbitrators takes place. International commercial arbitrators are a unique category of service providers because they are not organised as other professionals such as accountants, lawyers, and doctors. The book provides an overview of how and why the regulation of international commercial arbitrators diverged from that of other professions. It also argues that, despite these differences, there is an effective regulatory environment overseeing the behaviour of international commercial arbitrators.

The book unpicks the different elements that contribute to the creation and enforcement of professional norms in this field. It explains how the specific characteristics of the arbitral market create strong incentives for ethical norms to be created, even in the absence of the institutions that usually address these issues in other fields. It also describes how market and social forces drive arbitrators to comply with these norms in most circumstances. Finally, the book addresses the ways in which this regulatory system also explains some of the perceived weaknesses of arbitration, namely the rising costs of proceedings and the perceived unfairness of appointments.

This book addresses how the regulation of international commercial arbitrators takes place. International commercial arbitrators are a unique category of service providers because they are not organised as other professionals such as accountants, lawyers and doctors. The book provides an overview of how and why the regulation of international commercial arbitrators diverged from that of other professions. It also argues that, despite these differences, there is an effective regulatory environment overseeing the behaviour of international commercial arbitrators.

The book unpicks the different elements that contribute to the creation and enforcement of professional norms in this field. It explains how the specific characteristics of the arbitral market create strong incentives for ethical norms to be created, even in the absence of the institutions that usually address these issues in other fields. It also describes how market and social forces drive arbitrators to comply with these norms in most circumstances. Finally, the book addresses the ways in which this regulatory system also explains some of the perceived weaknesses of arbitration, namely the rising costs of proceedings and the perceived unfairness of appointments.

Arbitrators’ Duties and the Emerging Arbitral Market

The Regulation of International Commercial Arbitration

Routledge Research in International Economic Law

Ranjan explores the two competing narratives of investor-state dispute settlement (ISDS) and focuses on the six ISDS cases India lost. This book argues that India's ISDS story resembles the Yukos narrative where investors are allowed to hold States accountable for abuse of public power.

Affronting Sovereignty or Indicting Capriciousness?

India and Investor-State Dispute Settlement

Cambridge Studies in International and Comparative Law

Drawing on a wide range of previously unpublished sources, this unique history of international commercial arbitration in the modern era identifies three periods in its development: the Age of Aspirations (c. 1780-1920), the Age of Institutionalization (1920s-1950s), and the Age of Autonomy (1950s-present). Mikaël Schinazi analyzes the key features of each period, arguing that the history of international commercial arbitration has oscillated between moments of renewal and anxiety. During periods of renewal, new approaches, instruments, and institutions were developed to carry international commercial arbitration forward. These developments were then reined in during periods of anxiety, for fear that international arbitration might be overstepping its bounds. The resulting tension between renewal and anxiety is a key thread running through the evolution of international commercial arbitration. This book fills a key gap in the scholarship for anyone interested in the fields of international arbitration, legal history, and international law.

A unique history of modern international commercial arbitration theory and practice, this book draws on a wide range of sources from the eighteenth century to the present. It sets out the origins and evolution of the modern regime of international arbitration, the International Chamber of Commerce and current controversies.

The Three Ages of International Commercial Arbitration

The International Centre for Dispute Resolution (ICDR) is the international division of the American Arbitration Association (AAA), and administers in excess of 800 arbitrations annually. This volume, providing an article-by-article commentary on the ICDR International Arbitration Rules, is a comprehensive reference work for counsel, arbitrators, and in-house lawyers engaged in ICDR arbitration. The third edition is fully revised to reflect all changes and updates to the Rules since the second edition was published in 2019. Like the ICDR International Arbitration Rules themselves, the book is organized to mirror the life cycle of an international arbitration, and provides clear, in-depth, and practical commentary on each Article, including the Expedited Procedure Articles. The analysis offers extensive cross-referencing to help practitioners navigate the interrelationship among provisions and anticipate procedural and strategic issues common in ICDR proceedings. Appendices feature a comparison of the most recent amendments to the ICDR Rules as well as compilation of relevant online resources. Drawing also on the insight of senior ICDR management and enriched by case law from the United States and a wide range of foreign jurisdictions, the authors combine authoritative research with their substantial practical experience to deliver an indispensable resource. For the first time, the third edition incorporates analysis informed by newly available electronic databases compiling significant ICDR and AAA awards and decisions. Comprehensive, practical, and fully updated, A Guide to the ICDR International Arbitration Rules remains the leading commentary on these globally influential rules.

A Guide to the ICDR International Arbitration Rules

This book addresses the role of investment arbitrators within the framework of international investment law, a system that tends by design to prioritise the interests of foreign investors, often at the expense of the economic and social policies of the host states. The theoretical foundations of this volume are doctrinal, and the argument presented is aimed at contributing to the scholarly debate on the reform of the system of investment law. Because of this, the book is particularly focussed on the scholarship and is aimed at an audience already familiar with the system of investment arbitration and its case-law. The author explores both the explicit and implicit duties of arbitrators and critically questions certain critiques of investment law that call for arbitrators to interpret bilateral investment treaties and free trade agreements in ways that also protect the host states' interests. While the author argues that challenges to the legitimacy and credibility of the current investment law regime are well-founded, he also argues that arbitrators find themselves constrained by the prevailing legal framework, unable to fully balance the competing interests of foreign investors and host states. The book concludes that achieving greater equality in the investment legal regime necessitates a departure from the existing bilateral investment treaties paradigm and calls for a more just and balanced system of investment treaties. The author argues that, until such a transformation occurs, arbitrators remain compelled to apply the current applicable law, highlighting the insurmountable limitations and tensions within the present system.

Ethics, Power and Responsibility

Investment Arbitration’s Tightrope

Austrian Yearbook on International Arbitration 2025

Eckart Brödermann

Björn Etgen

Article-by-Article Commentary

CIETAC Arbitration Rules 2024

The Failure of Diplomacy

Instruments of Peacemaking 1918-1941

This book offers a sound exposition of the theoretical foundations of international arbitration law using a comparative and cross-cultural approach. Exploring the normative approaches and legitimacy crisis in a transnational context, it aims to establish links between the respective legal regimes handling disputes. Identifying pragmatic solutions in the contemporary world of conflicting interests, this book investigates the latest trends in international arbitration law. This book will help readers understand and demonstrate how best to manage the unification efforts to achieve synergies and enhance the legitimacy of a pluralistic world of international arbitration law. The combination of conceptual analysis and archival investigation of landmark case laws provide the reader with a fresh innovative understanding of the depth of international arbitration law. The book will be important reading for instructors, practitioners and scholars.

This book offers a sound exposition of the theoretical foundations of international arbitration law using a comparative and cross-cultural approach. Exploring the normative approaches and legitimacy crisis in a transnational context, it aims to establish links between the respective legal regimes handling disputes. Identifying pragmatic solutions in the contemporary world of conflicting interests, this book investigates the latest trends in international arbitration law. This book will help readers understand and demonstrate how best to manage the unification efforts to achieve synergies and enhance the legitimacy of a pluralistic world of international arbitration law. The combination of conceptual analysis and archival investigation of landmark case laws provide the reader with a fresh innovative understanding of the depth of international arbitration law. The book will be important reading for instructors, practitioners and scholars.

Practice, Politics, and New Comparative Perspectives

International Arbitration and India

Arbitration of Commercial Disputes 2e provides a comprehensive treatise of the English law and practice of commercial arbitration with comparative international perspectives.

English and International Law and Practice

Arbitration of Commercial Disputes

Routledge Studies in the Modern World Economy

Considering the unique character of taxation, such as the necessary discretionary power of tax administration, the complexity of tax issues, and nascent development of tax systems in many developing countries, this book provides a comprehensive analysis of tax disputes from the viewpoint of protecting the legitimate fiscal conduct of host State in investment arbitration that are of both theoretical and practical importance.

Considering the unique character of taxation, such as the necessary discretionary power of tax administration, the complexity of tax issues, and nascent development of tax systems in many developing countries, this book provides a comprehensive analysis of tax disputes from the viewpoint of protecting the legitimate fiscal conduct of host State in investment arbitration that are of both theoretical and practical importance. The book tries to rectify and fulfill the lacunae of scholarship on tax disputes that has been hitherto overwhelmingly investor-centered. The most distinguished characteristic of the book lies in the manner in which it deals with the arbitration of taxation in a comprehensive and coherent manner, including the discussion of tax stabilization clause in investment contracts that is paramount to the tax sovereignty of State. It also combines the analyses of the taxation problems from the perspective of comparative tax law of the most relevant legal systems as well as rich tax jurisprudence of WTO and European Court of Human Rights (ECtHR).

Conflict between domestic policies and international obligation of the State on taxation

Tax Law and Investment Arbitration

Beck international

SCC Arbitration Rules

UNASSAILABLE

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