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 : | 978-92-842-1352-5 |
| Weight : | 0.4000 kgs |
| 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
Editors
Bernardo Cremades
Julian D.M. Lew
Contributors
Serge Lazareff
Bernardo Cremades
David J.A. Cairns
Ahmed S. El-Kosheri
Daniel M. Price
Antonio Crivellaro
Luis Olavo Baptista
Richard H. Kreindler
Francisco Orrego Vicuña
Audley Sheppard
Kaj Hobér
David W. Rivkin
Julian D.M. Lew