Selected Papers from the inaugural, Nappert Prize in International Arbitration is a unique collection of articles demonstrating the vitality and passion of the next generation in the ever evolving field of Arbitration.
It includes nine outstanding papers covering a range of subjects: the difficult choice-of-law and procedural questions raised by the interface of arbitration with bankruptcy proceedings or mass claims; the genesis of substantive law as developed by arbitral tribunals; the links between municipal and international law; and the principle of proximate causation and its transition to international investment arbitration.
This thought-provoking collection of articles is a must-read for anyone involved in International Arbitration.
| Code ISBN : | 978-92-842-0367-3 |
| Number of pages : | 182 |
| Publishing date : | 2015 |
| Language : | English |
| Format in cm : | 19*27.3 |
Préface: Sophie Nappert
Papers
1. Horia Ciurtin: A Hermeneutical Perspective upon the ‘Mitigation of Damages’ Principle
1.1. Abstract
1.2. Prolegomena: Culture and Semiotics in the Analysis of Legal Concepts
1.3. The Dilemmas of Legal Genesis: A ‘Cosmological’ Perspective
1.4. The Duality of Damage-Reducing Mechanisms:
1.5. A Question of Legal Taxonomy
1.6. Commercial Applications: ‘Lex Mercatoria’ and Beyond
1.7. Public (and Hybrid) Law Applications: From Customary to Investment Law
1.8. Conclusion: ‘Mitigation of Damages’ and the Relevance of Semiotic Boundaries
2. Joel Dahlquist: Beside the Point
2.1. Abstract
2.2. Introduction
2.3. Ratio decidendi v obiter dicta
2.4. Case examples
2.5. Claimed justifications for the use of obiter dicta in investment arbitration
3. Fabio G. Santacroce: The Emergency Arbitrator
3.1. Abstract
3.2. Introduction
3.3. Emergency Arbitration Procedures
3.4. Is the Emergency Arbitrator an Arbitrator?
3.5. Enforcement of emergency decisions
3.6. Proposal for an International Instrument on Enforcement of Emergency Decisions
3.7. Conclusion
4. Mitchell Moranis (Second Prize Winner): Between Power and Procedure
4.1. Abstract
4.2. Introduction
4.3. Treaty Exceptions
4.4. Procedural Protections
4.5. The Balance Between
4.6. Conclusion
5. Antoine Champagne (Joint Third Prize Winner) :Moral Damages Left in Limbo
Introduction
5.1. Moral Damages in Public International Law
5.2. An Overview of Moral Damages in Investment Arbitration
5.3. Some Difficulties and Unsettled Issues
5.4. Concluding Remarks
6. Ridhi Kabra (First Prize Winner): Has Abaclat v Argentina Left the ICSID with a ‘Mass’ive Problem?
6.1. Abstract
6.2. Introduction
6.3. Characterizing disputes as ‘Mass ClaIms’
6.4. Jurisdiction over ‘Mass Claims’ — need for special consent?
6.5. Admissibility of ‘Mass Claims’
6.6. Conclusion
7. Elsa A. Paparemborde: Preventive Requests for the Enforcement of Foreign Arbitral Awards
7.1. Introduction: The Building Blocks of This Study
7.2. The Three Traditional Procedural Doctrines Which Can Be Raised
7.3. To Block Preventive Enforcement Requests under Article III of the New York Convention
7.4. Solutions to an Alarming State of Affairs Moving Forward
7.5. Conclusion
8. Robert B. Kovacs (Joint Third Prize Winner): International Arbitration and Insolvency
8.1. Introduction
8.2. Characterisation of the Issue
8.3. Selection and Application of Choice of Law Rule
8.4. Conclusions
9. Adam Plenkiewicz: Mapping Legal Responsibility
9.1. Introduction
9.2. State Responsibility in International Law
9.3. Proximate Causation in International Law
9.4. Proximate Causation in Domestic Law
9.5. Proximate Causation in International Investment Law
9.6. Analysis
9.7. Conclusion
Prize Winners, Jurors and Jurors’ Considerations
Contributors
- Concluding Remarks: Andrea K. Bjorklund
- Observations finales: Andrea K. Bjorklund
ICC Dispute Resolution Publications
About ICC
About McGill Law
HASSAN ARAB Hassan is the Deputy Managing Partner and Regional Head of Litigation of Al Tamimi & Company. He obtained his law degree from the Beirut University in Alexandria, Egypt and a Master’s Degree in International Business from the University of Wollongong. He also has a Practice Diploma in International Arbitration Law and International Commercial Law from the College of Law, UK. Hassan has written and published articles on various topics relating to arbitration and dispute resolution. In addition, he has authored a number of books including Civil Procedures Law in the UAE (Volumes I & II) and Articles on Legal Studies. He is a past Chair of the IBA’s Arab Regional Forum, a member of the IBA’s Legal Practice Division Council and Council Liaison Officer to the Arab Regional Forum. Hassan is also a member of the Steering Committee of the ICC UAE Commission on Arbitration, a member of the Geographical Advisory Board of Business Law International and an editorial member of the International Journal of Arab Arbitration.
LARA HAMMOUD Lara Hammoud is a Senior Associate in Shearman & Sterling’s International Arbitration group. She joined the firm in 2008 and has been based at its Abu Dhabi office ever since. Before joining Shearman & Sterling LLP, Lara spent six years at the International Chamber of Commerce (ICC). Lara is a French-qualified lawyer and holds a DESS in International Commercial Law from the University Paris X and an LLM in Commercial Law from the University of Bristol. Lara is a member of the ICC Commission on Arbitration and the ICC YAF Regional Coordinating Committee and Vice-Chair of the Steering Committee of the ICC UAE Commission on Arbitration. Lara acts both as an arbitrator and as an administrative secretary in arbitration matters and regularly appears as a speaker at international conferences on international arbitration in Middle Eastern countries.
GRAHAM LOVETT Graham is the Regional Managing Partner and Head of Dispute Resolution for the Middle East Region of Clifford Chance. Prior to his arrival in Dubai in March 2004, Graham was based at Clifford Chance’s London office. Graham specializes in commercial arbitration and litigation. He is part of the firm’s highly regarded International Arbitration Group, a member of the Steering Committee for the ICC UAE, a member of the Chartered Institute of Arbitrators (MCIArb), a former member of the Dubai International Financial Centre (DIFC) Arbitration Committee, a member of the DIFC Court User’s Committee, Chairman of the DIFC Authority Legislative Committee and co-author of the UAE chapter in Encyclopaedia of International Commercial Litigation (Kluwer). Graham sits as an arbitrator in both domestic and international arbitrations and is a regular speaker at arbitration conferences across the Gulf.