Lack of diversity within the judiciary has been identified as a legitimacy concern in domestic settings, and the last few years have seen increasing attention to this question at the international level. This book analyses the implications of identity and diversity across numerous international adjudicatory bodies.

This book offers an in-depth study of the role of culture in modern day arbitral proceedings. It contains a detailed analysis of how cultural miscommunication affects the accuracy, efficiency, fairness, and legitimacy in both commercial and investment arbitration when the arbitrators and the parties, their counsel and witnesses come from diverse legal traditions and cultures. The book provides a comprehensive definition of culture, and methodically documents and examines the epistemology of determining facts in various legal traditions and how the mixing of traditions influences the outcome.

After decades of focus on harmonization, which for too many represents no more than Western legal dominance and a largely homogeneous arbitration practitioner community, this ground-breaking book explores the increasing attention being paid to the need for greater diversity in the international arbitration ecosystem. It examines diversity in all its forms, investigating how best to develop an international arbitral order that is not just tolerant of diversity, but that sustains and promotes diversity in concert with harmonized practices.

International arbitration is a remarkably resilient institution, but many unresolved and largely unacknowledged ethical quandaries lurk below the surface. Globalization of commercial trade has increased the number and diversity of parties, counsel, experts and arbitrators, which has in turn lead to more frequent ethical conflicts just as procedures have become more formal and transparent. The predictable result is that ethical transgressions are increasingly evident and less tolerable. Despite these developments, regulation of various actors in the system arbitrators, lawyers, experts, third-party funders and arbitral institutions remains ambiguous and often ineffectual. Ethics in International Arbitration systematically analyses the causes and effects of these developments as they relate to the professional conduct of arbitrators, counsel, experts, and third-party funders in international commercial and investment arbitration. This work proposes a model for effective ethical self-regulation, meaning regulation of professional conduct at an international level and within existing arbitral procedures and structures. The work draws on historical developments and current trends to propose analytical frameworks for addressing existing problems and reifying the legitimacy of international arbitration into the future.

Interpretation has always been a cornerstone of international adjudication. This book offers a comprehensive analysis, both on a theoretical and a practical level, of where the principles of interpretation enshrined in Articles 31-33 of the VCLT currently stand.

Arbitration in Africa contains the edited and, where applicable, updated papers of the inaugural conference of the Pan African Council of the London Court of International Arbitration, held in Nairobi, Kenya on 7-8 December, 1994. This title is the first to focus attention on the role and development of arbitration within Africa and provides the reader with details of the laws of arbitration in a wide variety of African countries. Part One contains a general overview of international commercial arbitration worldwide. The remainder of the book focuses on arbitration within nations throughout Commonwealth Africa (East, West, Central and Southern), Arab North Africa and Francophone Africa. Issues raised include the historical background of arbitration in the various African states, The status and development of arbitration, challenges to arbitration, As well as regional and international arbitration legislation and institutions. Appendix One contains the text of the laws of those African countries which have adopted the UNCITRAL Model Law. Appendix Two provides a list of African countries which are party To The New York Convention of 1958, The Convention on the Settlement of Investment Disputes (ICSID) of 1965 And The Convention establishing the Multilateral Investment Guarantee Agency (HISA) of 1985. The contributors to this volume are all highly experienced in the field of international arbitration and arbitration law in Africa. The work includes a foreword by Lord Mustill. This title is of interest to arbitrators practising in, or involved with Africa, To investors and business people with interests in the region, and to those interested in arbitration generally.

International Arbitration and the COVID-19 Revolution Edited by Maxi Scherer, Niuscha Bassiri & Mohamed S. Abdel Wahab The impact of the COVID-19 pandemic on all major economic sectors and industries has triggered profound and systemic changes in international arbitration. Moreover, the fact that entire proceedings are now being conducted remotely constitutes so significant a deviation from the norm as to warrant the designation ‘revolution’. This timely book is the first to describe and analyse how the COVID-19 crisis has redefined arbitral practice, with critical appraisal from well-known practitioners of the pandemic’s effects on substantive and procedural aspects from the commencement of proceedings until the enforcement of the award. With practical guidance from a variety of perspectives – legal, practical, and sector-specific – on the conduct of international arbitration during the COVID-19 pandemic and beyond, the chapters present leading practitioners’ insights into the unprecedented and multifaceted issues that arise. They provide expert tips and challenges in such practical matters as the following: preventing and resolving disputes of particular types – construction, energy, aviation, technology, media and telecommunication, finance and insurance; arbitrator appointments; issues of planning, preparation and sample procedural orders; witness preparation and cross-examination; e-signature of arbitral awards; setting aside and enforcement proceedings; and third-party funding. Also included are an empirical survey of users’ views and an overview of how the COVID-19 revolution has affected the arbitration rules of leading arbitral seats. With this timely and practical book, arbitration practitioners and scholars will gain up-to-date knowledge of sector-specific challenges brought about by the COVID-19 pandemic and approach arbitration proceedings with an understanding of the most important legal and practical considerations during the crisis and beyond.

With examples from England, the United States, Sweden, Egypt, Hong Kong, and many other countries, Dezalay and Garth explore how international developments in turn transform domestic methods for handling disputes. Finally, they analyze the changing prospects for international business dispute resolution given the growing presence of international market and regulatory institutions such as the EEC, NAFTA, and the World Trade Organization.

Bringing together academics and private international lawyers from a wide range of jurisdictions and institutions, this volume explores how private international law can best contribute to the development of the global legal architecture needed to integrate our emerging multicultural world society.

Valentina Vadi assesses whether cultural heritage has and/or should have any relevance in international investment law and policy.