In recent years, international commercial arbitration procedures have made great strides to align Parallel States and Arbitral Procedures within International arbitration. But considerable problems remain. The aim of this Dossier, the third in its Series, is to give the reader a thorough picture of the conflicts arising when commercial arbitrations run in parallel with state legal procedures. If commercial arbitration takes place alongside other commercial or investment arbitrations – or legal proceedings – a number of sensitive issues arise:
The same dispute can lead to contradictory awards. There is a risk of arbitral forum shopping, which can generate public policy problems. Issues of waiver and estoppel can arise.
There is a need for both arbitrators and counsels to better understand these conflicts and why they need to be addressed. The present volume lays out the issues in a transparent, easy-to-understand way.
Written by expert arbitrators and practitioners, some of whom are affiliated with ICC’s Court of Arbitration, one of the world’s oldest and most respected arbitration institutions, this book is an indispensable guide for arbitrators, lawyers and anyone with an interest in arbitration procedures.
| Code ISBN : | 978-92-842-1352-8 |
| Number of pages : | 314 |
| Publishing date : | 2005 |
| Language : | English |
| Format in cm : | 16*23.9 |
Dossier III of the ICC Institute of World Business Law
Foreword by Serge Lazareff
INTRODUCTION by Bernardo M. Cremades, Co-Editor
- Contract and treaty claims and choice of forum in foreign investment disputes by Bernardo M. Cremades and David J.A. Cairns
- Contractual claims and treaty claims within the ICSID arbitration system by Ahmed S. El-Kosheri
- Some observations on the role of the state in investor-state dispute settlement: Horizontal issues still over the horizon by Daniel M. Price
- Consolidation of arbitral and court proceedings in investment disputes by Antonio Crivellaro
- Parallel arbitrations – Waivers and estoppel by Luis Olavo Baptista
- Arbitral forum shopping by Richard H. Kreindler
- Lis pendens arbitralis by Francisco Orrego Vicuña
- Res judicata and estoppel by Audley Sheppard
- Parallel arbitration proceedings – Duties of the arbitrators: some reflections and ideas by Kaj Hobér
- The impact of parallel and successive proceedings on the enforcement of arbitral awards by David W. Rivkin
CONCLUDING REMARKS
Parallel proceedings in international arbitration – challenges and realities by Julian D.M. Lew, Co-Editor
Contributors
ICC at a glance
Selected ICC Publications
LUIZ OLAVO BAPTISTA is the Senior Partner of L.O. Baptista Law Firm in São Paulo, and Professor at the University of São Paulo Law School in International Trade Law. He is a Council Member of the ICC Institute and a Member of the WTO Appellate Body, the ICC International Court of Arbitration and the UNIDROIT Board. He is also arbitrator of the Protocol of Brasília, for the Mercosul.
DAVID J.A. CAIRNS is an Associate in the law firm Bernardo M. Cremades y Asociados, Madrid; LLB (Hons), LLM. (Toronto), Ph.D (Cambridge). He is also a Solicitor (England and Wales, and New Zealand), Miembro del Colegio de Abogados de Madrid and Profesor Asociado, Universidad Carlos III de Madrid. B
ERNARDO M. CREMADES is a Senior Partner in the law firm Bernardo M. Cremades y Asociados, Madrid, and Professor of International Business Law, Universidad de Madrid. He is President of the Spanish Court of Arbitration, President of the Global Center for Settlement of Business Disputes Research, New York, and a Council Member of the ICC Institute.
ANTONIO CRIVELLARO is Professor of International Trade Law at Padua University, and Partner in the law firm Bonelli Erede Pappalardo, Milan. He is also a Council Member of the ICC Institute.
AHMED S. EL-KOSHERI is a Partner in the law firm Kosheri, Rashed and Riad, Egypt. He is Vice-President of the ICC International Court of Arbitration and a Council Member of the ICC Institute. He is also a Member of L’Institut de Droit International, Professor of Law and former President of Senghor University, Alexandria, Egypt.
KAJ HOBÉR is a Partner in the law firm Mannehimer Swartling, Stockholm. He is an Advocate, Arbitrator and Professor of East European Law at Uppsala University.
RICHARD H. KREINDLER is a Partner in the law firm Shearman and Sterling, Frankfurt, admitted to practice in New York and Paris, and an Adjunct Professor at the University of Münster, Germany. He is a Council Member of the ICC Institute and a Member of the ICC Commission on International Arbitration.
SERGE LAZAREFF is Member of the Paris Bar, Chairman of the ICC Institute and Chairman of the French Arbitration Commission of ICC France. He was formerly General Counsel for International Operations and Vice-President Asia- Pacific of Pechiney, one of the leading French industrial groups.
JULIAN D.M. LEW, QC is a Barrister at 20 Essex St. Chambers, London, specializing in international arbitration. He is also Visiting Professor and Head of the School of International Arbitration, Centre for Commercial Law Studies, Queen Mary, University of London and a Council Member of the ICC Institute.
FRANCISCO ORREGO VICUÑA is Professor of International Law at the University of Chile, and a Member of the Institut de Droit International. He is also President of the World Bank Administrative Tribunal, and Arbitrator at 20 Essex St. Chambers, London.
DANIEL M. PRICE is a Partner in the law firm Sidley Austin Brown and Wood LLP, Washington DC. He chairs the State Department’s Advisory Subcommittee on International Investment Policy and serves on the Executive Council of the ABA’s International Section. He previously served as Deputy General Counsel in the Office of the U.S. Trade Representative and as Deputy Agent to the Iran-U.S. Claims Tribunal in The Hague.
DAVID W. RIVKIN is a Partner in the New York and London offices of Debevoise and Plimpton LLP. He is Vice-Chair of the IBA’s Legal Practice Division. He is a member of the Board of Directors and Chair of the Law Committee of the AAA, and Vice President of the Court of the LCIA. AUDLEY SHEPPARD is a Partner in the law firm Clifford Chance, London. He is a Member of the Commission on Arbitration and Vice-Chair of the IBA Arbitration Committee. He is also a Rapporteur of the International Law Association Committee on International Commercial Arbitration.