International law: arbitration Books

Book SynopsisIs Private International Law (PIL) still fit to serve its function in today's global environment? In light of some calls for radical changes to its very foundations, this timely book investigates the ability of PIL to handle contemporary and international problems, and inspires genuine debate on the future of the field. Separated into nine parts, each containing two perspectives on a different issue or challenge, this unique book considers issues such as the certainty vs flexibility of laws, the notion of universal values, the scope of party autonomy, the emerging challenges of extraterritoriality and global governance issues in the context of PIL. Further topics include current developments in forum access, the recognition and enforcement of judgments, foreign law in domestic courts and PIL in international arbitration. This comprehensive work will be of great value to scholars and students working across all areas of PIL. It will also be an important touchstone for practitioners seeking to think creatively about their cases involving conflict of laws and PIL. Contributors include: V.R. Abou-Nigm, G.A. Bermann, A. Bonomi, R.A. Brand, D.P. Fernández Arroyo, F. Ferrari, H.A. Grigera Naón, B. Hess, M. Lehmann, M. Mantovani, R. Michaels, Y. Nishitani, F. Ragno, M. Reimann, K. Roosevelt III, L.J. Silberman, S.C. Symeonides, L.E. Teitz, H. van LoonTrade Review'Globalization has tremendously enhanced the number of cross-border transactions and, thereby, the significance of the conflict of laws. But is the localization method conceived in the 19th century for both jurisdiction and the applicable law still appropriate in the 21st? Can it serve purposes of global governance, give effect to universal values, allow for the implementation of national policies, provide legal certainty? The editors and authors, outstanding scholars in this area, provide thoughtful and interesting answers to these pressing questions.' --Jürgen Basedow, Member of the Institut de Droit InternationalTable of ContentsContents: Introduction 1 Franco Ferrari and Diego P. Fernández Arroyo PART I CERTAINTY VERSUS FLEXIBILITY 1. Certainty versus flexibility in the conflict of laws 6 Kermit Roosevelt III 2. Certainty versus flexibility in the EU choice of law system 27 Francesca Ragno PART II PARTY AUTONOMY 3. Foundation, limits and scope of party autonomy 71 Giuditta Cordero-Moss 4. The scope and limits of party autonomy in international contracts: a comparative analysis 101 Symeon C. Symeonides PART III UNIVERSAL VALUES 5. Private international law and the question of universal values 148 Ralf Michaels 6. Are there universal values in choice of law rules? Should there be any? 178 Mathias Reimann PART IV PRIVATE INTERNATIONAL LAW AND GLOBAL GOVERNANCE ISSUES 7. Unlocking private international law’s potential in global (migration) governance 196 Verónica Ruiz Abou-Nigm 8. The present and prospective contribution of global private international law unification to global legal ordering 214 Hans van Loon PART V THE NEW CHALLENGES OF EXTRATERRITORIALITY 9. Extraterritoriality in the public and private enforcement of U.S. regulatory law 236 Hannah L. Buxbaum 10. New challenges of extraterritoriality: superposing laws 258 Matthias Lehmann PART VI CURRENT DEVELOPMENTS IN FORUM ACCESS: JURISDICTION AND FORUM NON CONVENIENS 11. European perspectives on human rights litigation 293 Martina Mantovani and Burkhard Hess 12. Judicial jurisdiction and forum access: the search for predictable rules 332 Linda J. Silberman PART VII RECOGNITION AND ENFORCEMENT OF JUDGMENTS 13. New challenges in the recognition and enforcement of judgments 360 Ronald A. Brand 14. New challenges in the context of recognition and enforcement of judgments 390 Andrea Bonomi PART VIII FOREIGN LAW IN DOMESTIC COURTS 15. Foreign law in domestic courts: challenges and future developments 412 Yuko Nishitani 16. The challenge of accommodating foreign law in domestic courts 434 Louise Ellen Teitz PART IX PRIVATE INTERNATIONAL LAW IN INTERNATIONAL ARBITRATION 17. Private international law in international arbitration 464 George A. Bermann 18. Private international law and arbitration: arbitral determination of the law or rules of law governing the merits 484 Horacio A. Grigera Naón Index 497

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Book SynopsisThis illuminating book contributes to knowledge on the impact of Brexit on international commercial arbitration in the EU. Entering the fray at a critical watershed in the EU’s history, Chukwudi Ojiegbe turns to the interaction of court litigation and international commercial arbitration, offering crucial insights into the future of EU law in these fields.Ojiegbe reviews a plethora of key aspects of the law that will encounter the aftermath Brexit, focusing on the implications of the mutual trust principle and the consequences for the EU exclusive competence in aspects of international commercial arbitration. He explores the principles of anti-suit injunction and other mechanisms that may be deployed by national courts and arbitral tribunals to prevent parallel court and arbitration proceedings. Advancing academic debate on the EU arbitration/litigation interface, this book suggests innovative solutions to alleviate this longstanding and seemingly intractable issue. Arriving at a time of legal uncertainty, this book offers crucial guidance for policymakers and lawyers dealing with the interaction of court litigation and international commercial arbitration in the EU, as well as academics and researchers studying contemporary EU and commercial law.Trade Review’The clear protagonist of this very elegantly written book is the EU sage behind Arts. 1 (2) (d); 73 (2) and Recital 12 Brussels Ibis Regulation. To introduce EU exclusive external competence into the saga is a novelty and an interesting idea that can claim originality. Plus, anti-suit orders issued by arbitration tribunals and anti-arbitration orders get the most intense treatment yet to be found in a monograph.’- Peter Mankowski, Universitat Hamburg, GermanyTable of ContentsContents: Introduction 2. Brexit and the principle of mutual trust in the EU 3. The scope of the arbitration exclusion under the Brussels I Regime 4. Parallel court/arbitration proceedings 5. Recasting the Brussels I Regulation 6. External competence of the EU 7. Regulation (EU) No 1215/2012 (Brussels I Recast) 8. General conclusion Bibliography Index

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Book SynopsisThis thought-provoking book combines analysis of international commercial and investment treaty arbitration to examine how they have been framed by the twin tensions of “in/formalisation” and “glocalisation”. Taking a comparative approach, the book focuses on Australia and Japan in their attempts to become regional hubs for international arbitration and dispute resolution services in the increasingly influential Asia-Pacific context as well as a global context.Interweaving historical, empirical and doctrinal research from over two decades of work in the field, Luke Nottage provides an interdisciplinary perspective on the shifting state of arbitration over this period. Chapters incorporate empirical findings on topics such as case disposition times for arbitration-related court proceedings, media coverage of arbitration and Arb-Med patterns in Japanese arbitrations. The book also makes normative arguments for more concerted bilateral and regional efforts to maintain global approaches and to encourage renewed informalisation in international arbitration.This book will be an invaluable read for both scholars and practitioners of international commercial arbitration and dispute resolution, particularly those in or involved with the Asia-Pacific region. Government policy-makers and investment treaty negotiators will also find its insights useful.Trade Review‘Professor Nottage’s book offers a genuine tour d’horizon, with insights going far beyond the two jurisdictions of Australia and Japan. It provides a fascinating analysis of the development of commercial and investment arbitration over the last two decades.’ -- Journal of Japanese Law‘The book would be useful for readers interested in the history of international commercial arbitration or investor-state arbitration; or for those especially interested in how each of these have played out within either Australia or Japan. Libraries with collections in either of these areas would benefit from this book, especially if they are able to point readers to specific chapters of interest.’ -- Taryn Marks, International Journal of Legal Information‘Anyone who practices international arbitration in the Asia-Pacific region or is a scholar of the field will enjoy this book and find it useful as a resource in the years ahead. For younger practitioners especially, this book will have special value, as it explains the diverse forces that have shaped the legal framework for international arbitration and produced the vibrant market we have today – a market that one could be forgiven for thinking was always there, but which in fact is a relatively new construct.’ -- Sam Luttrell, The Australian Law Journal‘This is a much-awaited book that illuminates international arbitration perspectives, policies, and practices of two major economies in the Asia-Pacific region. Particularly, perhaps reflecting the relative paucity of ISDS cases involving Japanese investors or the Japanese government, there is a general paucity of prior scholarship on Japan’s ISDS approaches, and this book fills this gap. At a time when ISDS is at a crossroads, the author’s acute analysis of state practice and policy formation based on analytical frameworks of “localised globalism” and “in/formalisation” provides invaluable guidance for domestic and international policy-makers, private practitioners, and academics.’ -- Tomoko Ishikawa, Nagoya University, Japan‘Cross-border dispute settlement in the Asia-Pacific has grown increasingly complex and dynamic in recent years. In this book, one of our keenest observers of the region traces evolving developments in Australia and Japan, examining the trajectories of commercial and investor-state arbitration within a common framework. We could have no better guide to the shifts, stops and starts that have characterized this evolving field of law and practice.’ -- - Tom Ginsburg, University of Chicago, US‘This important work by an eminent scholar in the field of international commercial arbitration provides a valuable opportunity to step back from day-to-day events and experiences and view them from the perspective of an analytical framework, enabling important trends, policy issues and principles to be identified. Combining intellectual academic rigour with practical applications and illustrations of the principles discussed, the author draws upon empirical research and established trends to predict likely developments in arbitration in a post-pandemic global economy.’ -- - Wayne Martin AC QC, Francis Burt Chambers and former Chief Justice of Western AustraliaTable of ContentsContents: Preface and acknowledgements 1. In/formalisation and glocalisation tensions in international arbitration PART I INTERNATIONAL COMMERCIAL ARBITRATION IN JAPAN AND AUSTRALIA 2. The vicissitudes of international commercial arbitration and the lex mercatoria : a view from the periphery 3. The procedural lex mercatoria : the past, present and future of international commercial arbitration 4. Japan’s Arbitration Law of 2003: early and recent assessments 5. International commercial arbitration in Australia: what’s new and what’s next? PART II CROSSOVERS FROM INTERNATIONAL COMMERCIAL TO INVESTOR-STATE ARBITRATION 6. In/formalisation and glocalisation of international commercial arbitration and investment treaty arbitration in Asia 7. A weather map for international arbitration: mainly sunny, some cloud, possible thunderstorms 8. Confidentiality versus transparency in international commercial arbitration and investor-state arbitration in Australia and Japan PART III INVESTOR-STATE ARBITRATION AND INTERNATIONAL INVESTMENT TREATIES 9. Throwing the baby out with the bathwater: Australia’s 2011–2013 policy shift against treaty-based investor-state arbitration 10. Investor-state arbitration: why not in the Japan–Australia Free Trade Agreement? 11. Investor-state arbitration policy and practice in Australia 12. Conclusions: beyond the pandemic – towards more global and informal approaches to international arbitration Index

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Book SynopsisThis indispensable book offers a concise comparative introduction to international commercial arbitration. With reference to recent case law from leading jurisdictions and up-to-date rules revisions, International Commercial Arbitration provides a comparative analysis of the issues raised in arbitration, from the time of drafting of the arbitration clause to the rendering of the arbitral award and the post-award stage.Combining perspectives from both practice and academia, Franco Ferrari, Friedrich Rosenfeld and Consultant Editor John Fellas examine all the key points of international commercial arbitration. After introductory remarks on the applicable normative framework, the book covers arbitration agreements and their enforcement, the initiation of proceedings and the constitution of the tribunal, the taking of evidence, issues arising in complex arbitrations, as well as the award and the post-award regime.Scholars and students of international commercial arbitration across the globe will find this book invaluable for its comparative analysis. It will also be most useful for arbitration practitioners and judges interested in learning how jurisdictions differ in their approaches to arbitration proceedings.Trade Review‘Anyone interested in arbitration law should acquire this excellent work of reference, which is a valuable and up-to-date contribution to this field that is progressively expanding around the globe.’ -- Yagmur Hortoglu, Rabels Zeitschrift für ausländisches und internationales Privatrecht‘This work is probably one of the most readable and comprehensive texts on international arbitration that I have personally come across. Its coverage is wide-ranging and yet organised in a simple logical manner. The authors have done a marvellous task in distilling complex judicial decisions into bite-size learning points. I commend this work to all students and any practitioner eager to get a strong grasp of the subject before entering the international arbitration arena.’Table of ContentsContents: 1. Introduction to International Commercial Arbitration 2. The recognition of arbitration agreements 3. The principle of competence competence 4. The initiation of arbitration proceedings and the constitution of the arbitral tribunal 5. Procedure 6. Evidence 7. Complex arbitrations involving multiple tiers, contracts and parties 8. The award 9. The set-aside of arbitral awards 10. The New York Convention: introduction, scope, formal requirements, procedure 11. The New York Convention: the duty to recognize and enforce arbitral awards 12. The relevance of the post-award phase in the pre-award phase Index

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Book SynopsisThis indispensable book offers a concise comparative introduction to international commercial arbitration. With reference to recent case law from leading jurisdictions and up-to-date rules revisions, International Commercial Arbitration provides a comparative analysis of the issues raised in arbitration, from the time of drafting of the arbitration clause to the rendering of the arbitral award and the post-award stage.Combining perspectives from both practice and academia, Franco Ferrari, Friedrich Rosenfeld and Consultant Editor John Fellas examine all the key points of international commercial arbitration. After introductory remarks on the applicable normative framework, the book covers arbitration agreements and their enforcement, the initiation of proceedings and the constitution of the tribunal, the taking of evidence, issues arising in complex arbitrations, as well as the award and the post-award regime.Scholars and students of international commercial arbitration across the globe will find this book invaluable for its comparative analysis. It will also be most useful for arbitration practitioners and judges interested in learning how jurisdictions differ in their approaches to arbitration proceedings.Trade Review‘Anyone interested in arbitration law should acquire this excellent work of reference, which is a valuable and up-to-date contribution to this field that is progressively expanding around the globe.’ -- Yagmur Hortoglu, Rabels Zeitschrift für ausländisches und internationales Privatrecht‘This work is probably one of the most readable and comprehensive texts on international arbitration that I have personally come across. Its coverage is wide-ranging and yet organised in a simple logical manner. The authors have done a marvellous task in distilling complex judicial decisions into bite-size learning points. I commend this work to all students and any practitioner eager to get a strong grasp of the subject before entering the international arbitration arena.’Table of ContentsContents: 1. Introduction to International Commercial Arbitration 2. The recognition of arbitration agreements 3. The principle of competence competence 4. The initiation of arbitration proceedings and the constitution of the arbitral tribunal 5. Procedure 6. Evidence 7. Complex arbitrations involving multiple tiers, contracts and parties 8. The award 9. The set-aside of arbitral awards 10. The New York Convention: introduction, scope, formal requirements, procedure 11. The New York Convention: the duty to recognize and enforce arbitral awards 12. The relevance of the post-award phase in the pre-award phase Index

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Book SynopsisThis Commentary offers an article-by-article examination of the United Nations Convention on International Settlement Agreements Resulting from Mediation (the Singapore Convention), as well as insights into the negotiation process through which the Convention was developed. It provides deep theoretical and practical analysis of the Convention and its consequences for the promotion of mediation as a mechanism to solve commercial conflicts with a cross-border character.Key Features: A comparative approach with perspectives from five continents and a variety of legal traditions Critical discussion of every stage from the negotiation to the conclusion of the Convention Sound proposals for the Convention’s implementation and application by States and regional organisations Contributions from a diverse group of practitioners and academics, including some who were part of the negotiation of the Singapore Convention The Commentary will be a crucial resource for practitioners, arbitrators and mediators involved in cross-border commercial disputes, as well as judges in this area. It will also be of interest to scholars working in international commercial law, arbitration and mediation. Trade Review‘This Commentary provides deep theoretical and practical analysis of the Convention and its consequences for the promotion of mediation as a mechanism to solve commercial conflicts with a cross-border character. In particular, this work includes a comparative approach with perspectives from five continents and a variety of legal traditions, a critical discussion of every stage from the negotiation to the conclusion of the Convention, with proposals for the Convention’s implementation and application by States and regional organisations. A particular feature of the work is that it provides contributions of a diverse group of leading practitioners and academics from diverse legal backgrounds and jurisdictions, including some who participated in the negotiation of the Singapore Convention itself.’ -- Marta Requejo Isidro, The European Association of Private International LawTable of ContentsContents: Foreword xvii Chronicles of the Singapore Convention – an insider view 1 Itai Apter and Roni Ben David The Preamble to the Singapore Convention on mediation: identifying the object and purpose of the Treaty through text, context and intent 41 S.I. Strong 1 Scope of Application 63 Pablo Cortés 2 Definitions 86 Nuria González Martín 3 General principles 107 Guillermo Palao 4 Requirements for reliance on settlement agreements 130 Mark T. Kawakami 5 Grounds for refusing to grant relief 156 Dai Yokomizo and Peter Mankowski 6 Parallel applications or claims 180 Valesca Raizer Borges Moschen 7 Other laws or treaties 199 Gyooho Lee 8 Reservations 212 Ximena Bustamante and Gabriela Balseca 9 Effect on settlement agreements 230 Achille Ngwanza 10 Depositary 233 Afonso Patrão and Dulce Lopes 11 Signature, ratification, acceptance, approval, accession 238 Ilaria Queirolo and Stefano Dominelli 12 Participation by Regional Economic Integration Organizations 257 Théophile Margellos and Sven Stürmann 13 Non-unified legal systems 280 Dulce Lopes and Afonso Patrão 14 Entry into force 291 Javier Díez-Hochleitner 15 Amendment 299 Javier Díez-Hochleitner 16 Denunciations 304 Javier Díez-Hochleitner Index

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Book SynopsisAs the arbitration of internal trust disputes has attracted significant attention amongst the arbitration and trust law communities in recent years, this book provides a timely and comprehensive examination of the ways of overcoming challenges associated with trust arbitration. Rebutting arguments made against the enforceability of trust arbitration clauses, it highlights key traps for the unwary when drafting such clauses, and thereby provides readers with the necessary knowledge to enter by the narrow gate of trust arbitration, rather than by the broad gate of trust litigation.Key features include: Guidance for the drafting of trust arbitration clauses In-depth analysis of the European Convention on Human Rights (ECHR) and natural justice issues posed by trust arbitration Comparisons between several commonwealth jurisdictions to determine how trust arbitration could work in each system Analysis and commentary on multiple common law trust arbitration statutes, as well as relevant international treaties, including the Hague Trust Convention and the New York Convention Arbitrators, private client lawyers, trust professionals and scholars will greatly benefit from the detailed analysis and commentary in this book. Accessible in style, it will also prove invaluable to students of arbitration or trust law.Trade Review‘A bold piece of scholarship on a topic of unusual complexity and great practical interest. Lucas Clover Alcolea ticks all the boxes with an engaging, thoroughly-researched, exhaustive study of the many facets of trust disputes. The privacy of the arbitral process has long been attractive to the universe of trusts and this excellent work examines every angle, from the arbitrability of trust disputes to the representation of minor, unborn or unknown beneficiaries, capping off with a helpful review of critical drafting issues in drawing up a trust arbitration clause.’ -- Sophie Nappert, Arbitrator, Gray's Inn, UK and Co-Chair, ICC Task Force on Trusts and Arbitration‘Arbitration of Trust Disputes is a very useful and clearly written addition to the international literature on arbitration law. Trusts pose unique challenges for arbitration. They are a creature of equity and the courts jealously guard their supervision of trusts for the benefit of the beneficiaries. This book addresses in depth the key issues of arbitrability of trust disputes and the ability of arbitration clauses to bind all affected parties, as well as associated process issues. By drawing on case law and legislation from across the world, this book provides invaluable insights of international relevance and significance.’ -- Nicola Peart, Emerita Professor of Law, University of Otago, New Zealand‘Arbitration of Trust Disputes is a comprehensive and insightful analysis of the special issues that arise when internal trust disputes are brought to arbitration. The text not only provides both scholarly and practical guidance, it also offers both domestic and international perspectives. This book is a welcome addition to the growing literature on trust arbitration.’ -- Dr. S.I. Strong, The University of Sydney, AustraliaTable of ContentsContents: 1. Introduction to the Arbitration Of Trust Disputes 2. (In-)arbitrability 3. Binding parties to trust arbitration clauses 4. Trust arbitration and due process: The ECHR and common law principles of natural justice 5. Representation of beneficiaries in arbitral proceedings 6. Conflicts of laws issues and The Hague Trust Convention 7. Existing statutory frameworks for trust arbitration 8. Enforceability of trust arbitration awards under the New York Convention and commonwealth law 9. Issues to consider when drafting a trust arbitration clause Bibliography Index

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Book SynopsisThis comprehensive book provides a complete overview of the international legal system of foreign investment protection. Proposing a simple, practical approach, it examines the problems one might face when studying or practising international investment law, including those arising from contemporary changes and controversies. In this incisive book, Arnaud de Nanteuil synthesises material from treaties, general international law, contracts and case law to demonstrate a coherent system of investment protection, rather than simply describing the law as it currently stands. Through this systematic approach, the book considers all aspects of the discipline, examining its history, the content of the law, investment arbitration, and its relationship with other areas of international law such as human rights, the environment and EU law. It also discusses answers to questions that remain open in current case law. Providing a thorough and accessible analysis, this book will be invaluable to both students and academics working in the field of international investment law, as well as practitioners who will appreciate its pragmatic style. Government officials and those working for international organisations in this area will also find its discussion of the possible future evolution of the law insightful. Trade Review'The literature on investment law is extensive. Nevertheless, Arnaud de Nanteuil's book succeeds in presenting in a concise way the whole of this complex subject without simplification or unnecessary complications, whilst giving public international law its proper place. I use the French language version very systematically both in my arbitration practice and for my teaching, and I have no doubt that this updated English version will provide the same services.' --Alain Pellet, Université Paris Nanterre, France'This book is a beacon of continental scholarship in a sea of case-law focused treatises on international investment law. It does not get lost in dissecting the increasingly detailed jurisprudence of arbitration tribunals, but rather stresses the doctrinal structures of substantive investment protection and investor-state dispute settlement. It is comprehensive, systematic, rich in historical context, and connects investment law to general international law. It is a perfect teaching tool for getting a structured and up-to-date overview of the field.' --Stephan Schill, University of Amsterdam, the NetherlandsTable of ContentsContents: 1. The Emergence of International Investment Law: From State Contracts to Bilateral Investment Treaties 2. Domestic Sources of International Investment Law 3. International Sources of Investment Law 4. International Law, Domestic Law and Contracts: Articulating Different Sets of Relevant Rules 5. Identifying the Stakeholders: The Investor and the State 6. Settlement of Disputes 7. Substantive Protection (1): Preliminary Issues 8. Substantive Protection (2): Non-Discrimination Standards 9. Substantive Protection (3): Absolute Standards of Protection 10. The Guarantee of Investments Through Insurance Mechanisms 11. General Exceptions to Investment Protection 12. Interactions (1): Investment Law, Human Rights and Environmental Law 13. Interactions (2): International Investment Law and European Union Law Index

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Book SynopsisThis timely book reconciles the competing objectives of intellectual property and international investment agreements. Throughout, Pratyush Nath Upreti examines the issues arising from recent intellectual property disputes in investment arbitration from the perspectives of national and international legal orders, providing a normative analysis to resolve the tension brought by intellectual property and investor-state dispute settlement interactions.The analysis that the book offers is not confined to the intellectual property regime; it takes a pragmatic approach in terms of substantial analysis by also exploring the international trade regime, investment law and arbitration to address the key challenges to intellectual property and investor-state dispute settlement interaction. The author also considers the emerging and potential transformation of international intellectual property law, putting more emphasis on the need to shelter its intrinsic value.This thought-provoking book will be a key point of reference for law scholars, practitioners, and students in both developing and developed countries who are interested in intellectual property, investment law, and arbitration. It is also an essential read for policy makers, government officers, and lawyers involved with trade and Investment agreement negotiations.Trade Review‘Pratyush Nath Upreti, in his IPKat 2022 award-winning book, explores the IP objectives in IIAs. The author has combined hermeneutic and exploratory approaches to provide a fresh look into this emerging area. The book is a thought-provoking, well-researched and excellent contribution to the fields of IP and investment law. It offers a fresh look at IP and investment interactions. It should be a useful read for the relevant stakeholders while dealing with the current challenges of IP and investment.’ -- Mohammad Ataul Karim, International Review of Intellectual Property and Competition Law‘Overall, the book makes a novel and timely contribution to studying the intersection between international investment law and IP. Its discussion also has important implications for other issues in IIAs that are intertwined with social objectives, which is particularly valuable for the ongoing discourse on investment law reform.’ -- Chen Yu, Asian Journal of International Law‘This timely and thought-provoking book greatly enhances our understanding and appreciation of the relationship between intellectual property and investment law. Informed by treaty texts, WTO panel reports and investment arbitration decisions, the book explains why we need to pay greater attention to the objectives of intellectual property rights while avoiding the short-sighted view that treats intellectual property as mere investments. A must-read for anybody interested in intellectual property law or investment arbitration!’ -- Peter K. Yu, Texas A&M University, US‘This book provides a cutting-edge analysis of the relationships and intersections between intellectual property regime and international investment law. It examines the issues arising from this intersection in a lucid and coherent manner and makes an original contribution to the current debate on the interaction between the protection of intellectual property and the investor-state dispute settlement mechanism. The analysis of the extant and emerging normative framework in this area is fascinating. I highly recommend this book to policy makers, lawyers, scholars, and arbitrators interested in this area.’ -- Surya P. Subedi, KC, University of Leeds, UK‘This well-researched monograph makes a substantial contribution to the debate on intellectual property and international investment law. The book presents a detailed analysis of how intellectual property and international investment law interact and projects how they could do so in the future. The monograph demonstrates how intellectual property protection and investor-state arbitration can be managed without distorting the objectives of intellectual property. The framework developed in this book should inspire future research and garner the attention of policy makers and scholars from both developed and developing countries.’ -- Bryan Mercurio, The Chinese University of Hong Kong‘A valuable contribution to the controversial debate about the relationship between foreign direct investment and intellectual property, particularly in the context of bilateral trade agreements and investor state dispute settlement. The book analyses the often-competing objectives of intellectual property and investment agreements in an accessible, eminently readable way. The book’s insightful approach provides a normative framework that will be enlightening for academic audiences, policy makers and practitioners alike. A thorough and balanced analysis of this critical field of international law.’ -- Duncan Matthews, Queen Mary University, UKTable of ContentsContents: 1. Introduction to Intellectual Property Objectives in International Investment Agreements 2. The social objectives of international intellectual property 3. Property protection of investment assets 4. Intellectual property as an investment 5. The role of national and international intellectual property in reconceptualising the definition of investment 6. Domestication of the investment regime: a perspective from intellectual property and beyond 7. Intellectual property shelters in international investment agreements 8. Conclusion Index

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Book SynopsisThe increase in the complexity and length of international arbitration procedures has resulted in a growing demand for both provisional and emergency measures to facilitate the preservation of the parties’ rights until a final award is rendered.In Provisional and Emergency Measures in International Arbitration, Julien Fouret has brought together many of the leading international arbitration practitioners to examine this highly topical subject. It considers complex issues surrounding the powers of arbitrators to grant provisional relief, categories and examples of such measures, procedural and substantive requirements for ordering an interim measure, the burden and standard of proof as well as issues of enforceability. Each chapter offers a thorough analysis both in commercial and investment arbitration.This important new publication will be beneficial to legal practitioners, academics a as well as arbitrators who want to gain a deeper understanding of both the principles and specific rules on provisional and emergency remedies established under the major arbitral rules and tribunals.Trade Review‘The book features contributions by the most experiences practitioners in the field, covering issues ranging from the source of the arbitrators’ powers to issue interim measures (in the silence of the lex arbitri or the arbitration agreement, do arbitrators have implied or inherent powers to make these decisions?) to the interplay between the arbitrators and the judge’s powers (does an arbitration agreement prevent the parties from seeking judicial remedies? Is the situation different before or after the arbitration?) and the nature of the relief sought (Substantive? Obligation not to do? Injunction to perform? Preserving evidence? Are there limits to the Eagle’s flight of interim measures? What about anti-suit-injunctions? Security for costs?). It analytically deals with the applicable standard for the granting of interim measures under different laws and arbitration rules (prima facie case, risk of irreparable harm, preserving status quo, proportionality, etc…), as well as many complex procedural issues, some of which are still hotly debated, such as whether arbitrators should entertain ex parte applications) to conclude with an in-depth analysis of their enforcement as well as their specific aspects in the realm of investment arbitration. The book, because of its quality, its international breadth and the range of questions it covers, is an invaluable contribution to our practice and it will soon become an indispensable tool for any arbitrator, counsel or student of academic dealing with matters which importance for international arbitration cannot be overstated.’ -- Alexis Mourre, MGC-Arbitration, France‘The first of its kind on the subject, this comprehensive and detailed treatise will ensure that practitioners and arbitrators alike are equipped with the most effective tools on how and when to employ and enforce interim measures in international arbitration.’ -- Claudia Salomon, President, ICC International Court of ArbitrationTable of ContentsContents: 1. Introduction 1 Julien Fouret PART I THE POWERS OF ARBITRATORS TO GRANT PROVISIONAL RELIEF 2 Sources of arbitrators’ powers 19 José R. Feris and Akash S. Karmarkar 3 Scope and jurisdiction in institutional arbitration rules 40 José Ricardo Feris and Akash S. Karmarkar 4 Of the exclusive and/or concurrent jurisdiction with domestic courts – effect of national laws on the arbitrator’s powers 63 Michele Sabatini PART II CATEGORIES AND EXAMPLES OF PROVISIONAL MEASURES 5 Anti-suit injunctions and parallel proceedings 93 Affef Ben Mansour 6 Preservation of evidence 107 Swee Yen Koh and Tiong Teck Wee 7 Interim of provisional measures aimed at maintaining the status quo or not aggravating the dispute 136 Christian Albanesi and Mateo Noseda 8 Specific performance of contractual or other pre-existing obligations 168 Matthew Secomb and Clemency Wang 9 Security for costs and claims in international arbitration 193 Samaa A. Haridi 10 Ex parte measures 207 Shaparak Saleh and Etienne Vimal du Monteil 11 Guarantees against the stay of enforcement 228 Patrick W. Pearsall and Craig D. Gaver 12 The arbitral tribunal’s power to amend provisional or emergency measures 252 Yasmine Lahlou PART III PROCEDURAL REQUIREMENTS FOR ORDERING AN INTERIM MEASURE 13 Procedural requirements for emergency relief ordered by an emergency arbitrator 270 Anna-Maria Tamminen and Ella Hiltunen 14 Procedural requirements for provisional reliefs ordered by an arbitral tribunal 298 Anna-Maria Tamminen, Isabelle Sundström Stridh and Marcus Nyberg PART IV SUBSTANTIVE REQUIREMENTS FOR ORDERING AN INTERIM MEASURE 15 Prima facie jurisdiction 308 Reza Mohtashami KC, Clara Florin and Samhith Malladi 16 Prima facie establishment of a case 331 Olena Perepelynska 17 Urgency 342 Christian Leathley Risk of irreparable harm (necessity or imminent danger of serious prejudice) 363 Noradèle Radjai and Anna Korshunova 19 The proportionality requirement in provisional measures 401 Patrick Taylor and Romain Zamour PART V BURDEN AND STANDARD OF PROOF 20 The burden and standard of proof 428 William T. O’Brien and Levon Golendukhin PART VI ENFORCEABILITY AND ENFORCEMENT OF PROVISIONAL MEASURES 21 Enforceability and enforcement of provisional measures 449 Philippe Pinsolle and Thomas Voisin Index

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Book SynopsisThe author of Third Party Funding in International Arbitration challenges the structural inconsistencies of the current practices of arbitration funding by arguing that third party funding should be a forum of justice, rather than a forum of profit. By looking at the premise, rather than the implication, the author presents the arcane areas of intersection between access to justice, as a foundational theory for third party funding, and the arbitration funding practice that lacks a unifying framework. The author introduces a new methodology with an alternative way of structuring third party funding to solve a set of practical problems generated by the risk of claim control by the funder. This book will be of interest to third party funders, arbitrators, lawyers, arbitral institutions, academics, and law students.Trade Review‘The past two decades have witnessed a sea change in the third-party funding of claims submitted to arbitration, both domestic and international. That evolution is reflected in Dr. Sweify’s sophisticated understanding of the forces driving the expansion of and innovation in the third-party funding market. His well-organized and clearly written monograph not only identifies the myriad policy and legal issues involved in third-party funding across different jurisdictions, it also provides an insightful analysis of the financial, economic, and legal factors that underlie funders’ risk assessment of claims and how that risk is managed. His book deserves a prominent place in the libraries of scholars, practitioners, financiers, after-the-event insurers, amongst other stakeholders.’ -- Arif Hyder Ali, Dechert LLP. Washington, D.C., US‘Dr. Mohamed Sweify' s excellent monograph takes us beyond the original questions that first animated debates about third-party funding in international arbitration (TPAF). In this thoughtful and well-written work, Sweify identifies and addresses what might be called a “new generation” of questions about TPAF. In this work, he not only raises questions, but also offers meaningful, practical solutions. In this aim, he seeks to develop a new methodology to analyze the key issues, proposes alternative means for structuring TPAF, and makes a renewed call for intelligent regulation in the field. This book is crucial reading for arbitration practitioners, policymakers, and funders themselves, whether they are likely to agree or need to respond to the points the book raises.’ -- Catherine Rogers, Università Bocconi, Italy‘With the rise in third party funding in international arbitration it has become a subject with which every practitioner and arbitrator must become familiar. Professor Sweify has penned a remarkably cogent and comprehensive book that also flags the issues and offers new and interesting perspectives on solutions. It should be on every bookshelf.’ -- Edna Sussman, Arbitrator, FCIArb; Distinguished Practitioner in Residence, Fordham Law School USTable of ContentsContents: Foreword Professor Jack J. Coe, Foreword Justice Jenny Rivera Preface Introduction – Third party funding: profit concentration 1. Mapping third party funding 2. Abandoned promise 3. A historical framework 4. Asymmetric imbalances 5. Regulation calculus 6. Nurturing the promise Index

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Book SynopsisAfter 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.Offering a wide range of viewpoints from a diverse and inclusive group of authors, Diversity in International Arbitration is a comprehensive and insightful resource on a controversial, fast-moving subject. Chapters present arguments from practitioner, academic, institutional and governmental perspectives that identify the underlying issues and address the various ways in which the goal of diversity, whether demographic, legal, cultural, professional, linguistic, or philosophical, can be reached.This book’s analysis of the contemporary state of diversity in international arbitration will be a crucial read for researchers in the field. Practitioners and policy makers will also find its discussion of best practices and innovative initiatives for enhancing diversity to be invaluable.Trade Review‘Ali, Balcerzak, Colombo, and Karton have edited a unique tour-de-force of diversity issues ranging from personal identity to legal culture to environmental impact. The editors have compiled an impressive anthology of approaches to fostering diversity from a “who's who” of authors making an impact on the ground already in this space. This is a must-read book for any law firm lawyers, corporate counsel, organizational leaders, arbitration institution administrators, and concerned arbitrators looking for ways to increase the environmental, social, and governance (ESG) savviness of their organizations and independent practices.’ -- Victoria Sahani, Boston University, US‘Two generations ago, the international arbitration community comprised an arcane brotherhood – a mafia of the pale, male and stale. “[O]ur own cultures are largely invisible to us; they are simply our “common sense” understandings of the world.” The fascinating chapters in this book lift the veil on unconscious biases, demonstrating how inclusion is crucial to maintaining the legitimacy of arbitration today. I love it!’ -- Louise Barrington, Arbitrator, co-founder of ArbitralWomen and of Hong Kong’s Vis East MootTable of ContentsContents: PART I THEORETICAL INTRODUCTION 1 Introduction: reaching sustainable diversity in international arbitration 2 Giorgio Fabio Colombo, Shahla F. Ali, Filip Balcerzak, Joshua Karton 2 Diversity in four dimensions 6 Joshua Karton 3 Fluidity of culture: convergence and informed divergence in cross-border arbitration 21 Shahla F. Ali PART II DIVERSITY IN THE ARBITRAL COMMUNITY 4 Diversity in investment arbitration: balancing individual and community legitimacy 33 Fernando Dias Simões 5 Gender, race, or both? The need for greater consideration of intersectionality in international arbitration 48 Kabir A.N. Duggal and Rekha Rangachari 6 Diversifying the dominant demographics in international arbitration – the how, the why and the (maybe) solution 66 D’Andra A. Johnson and Theominique D. Nottage 7 Sustainable diversity in international arbitration: the case of ad hoc, maritime, and commodities trade arbitration 83 Eva Litina 8 Developing diversity within diversity discourse: remembering non-lawyers in arbitration 101 Luke Nottage, Nobumichi Teramura and James Tanna 9 CETA – where are the women? Diffusing the thought-terminating clichés that impeded diversity 119 Katherine Simpson and Anthony Marcum 10 Boosting diversity in international arbitration: lessons from and for China? 135 Monika Prusinowska 11 Judicial capacity-building and sustainable diversity under the Model Law 150 Anselmo Reyes PART III DIVERSITY IN CULTURES AND STYLES OF ARBITRATION 12 Arbitration and the diversity of constitutional cultures 168 Victor Ferreres Comella 13 Diversity of med-arb in international arbitration 182 Weixia Gu 14 I say discovery, you say disclosure. Evidence in international arbitration 198 Alyssa S. King 15 Linguistic diversity in international investment arbitration 213 Ksenia Polonskaya 16 Challenging the arbitrariness perception of ex aequo et bono to (re-)discover procedural diversity 229 Nobumichi Teramura PART IV “SUSTAINABLE” ARBITRATION – ENVIRONMENTAL ISSUES 17 The role of international arbitration in resolving climate change related disputes: selected prospects and issues 243 Konrad J. Czech and Bartosz Soloch 18 Transparency in international arbitration as a catalyst to combat climate change: is it time to embrace democratised access to data in climate change related disputes? 258 Caroline Deves and Piotr Wilinski 19 Arbitration and climate change: sustainable and diverse policy and practice 276 Lucy Greenwood Index 289

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Book SynopsisThis forward-looking book examines dispute resolution issues in the context of Belt and Road Initiative dealings between parties in ASEAN Member States, China and other trade partners. It discusses a range of commercial dispute issues and economic agreements including free trade agreements and investment agreements, both bilateral and regional.Locknie Hsu presents research on dispute settlement options and emerging issues for ASEAN businesses relating to projects and transactions undertaken in relation to the Belt and Road Initiative. She translates these options and issues into opportunities in economic treaty negotiations, utilization of national and regional dispute settlement institutions and better handling of emerging issues (such as environment-related claims and technology applications in dispute resolution) and in legal capacity-building in ASEAN. The book explores findings from academic research, empirical information, selected Case Studies (on environmental and other claims in ASEAN and beyond) and salient legal and technological developments, to provide insights and lessons that make this original book a rich and useful legal and research resource.This book’s recommendations will provide food for thought for policy-makers and treaty negotiators who are considering new possibilities and directions to make dispute settlement a better and more fruitful experience in ASEAN. It will also be of interest to practitioners, scholars and students of commercial law, international trade law and dispute resolution, particularly in an Asian context.Trade Review‘Based on most up-to-date and empirical research of the Belt and Road Initiative and its implications for business, this ground-breaking book is of enormous use for practitioners and scholars. Written by a leading expert on international economic law, it is packed with many valuable examples, case studies, judicial observations and practitioner insights.’ -- Heng Wang, UNSW Sydney, AustraliaTable of ContentsContents: Foreword Preface 1. Introduction: ASEAN businesses and the Belt and Road Initiative – risks and opportunities 2. A taxonomy of BRI disputes 3. Key findings 4. Conclusion and recommendations Index

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Book SynopsisThe South China Sea Arbitration, which marks the first time that the Philippines and China have been parties to a compulsory dispute settlement procedure, is a landmark legal case. The Tribunal tackled head-on critical issues in the interpretation and application of the UN Convention on the Law of the Sea that other international courts have failed to address, particularly the compatibility of historic rights with the Convention, the identification of maritime features as permanently submerged or above water at high-tide, and the distinction between features that are fully entitled to maritime zones and those that are not. In addition, the Tribunal also had to decide on issues as diverse as near-collisions at sea, illegal fishing of giant clams and sea turtles, and the destruction of fragile coral reefs resulting from island-building. The Tribunals task was rendered arduous by Chinas refusal to appear before it. In these circumstances, understanding the Tribunals decisions is a challenging undertaking. Chinas public relations campaign targeting the proceedings raised issues that the layperson could readily grasp, notably African states support for its non-appearance, the integrity of the judges, and the validity of arbitral awards. Understanding the Awards and Debating with China aims to facilitate understanding of the South China Sea Arbitration by presenting detailed summaries of the two Arbitral Awards. The author rebuts the questionable claims raised by Chinas public relations campaign and highlights Chinas covert actions during the proceedings.

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Book SynopsisThe book deals with set-off in international arbitration proceedings. In these proceedings, set-off is frequently the tool relied upon to resist a claim. At the same time, the legal intricacies make it hard to use. The first part of the book provides a survey of set-off, including its definition, significance and functions. The second part offers a thorough comparative analysis of selected European laws of set-off and reveals the dramatic differences between them. The third and last part of the book deals with the problematic consequences of these differences and shows the limits and the inadequacy of the traditional choice-of-law doctrines. While demonstrating how to overcome the practical hurdles of the present situation, the third part also offers normative alternatives that should provide significant help in the adjudication of commercial disputes.Trade ReviewRegardless of whether one agrees or disagrees with this finding and the underlying reasoning, the author first of all deserves credit for suggesting a well argued uniform set-off rule for international arbitration. ...the book will certainly serve as a thorough and reliable overview of certain jurisdictions as regards their approach to set-off and as a practical guide for arbitration practitioners to finding and supporting legal arguments to establish the best applicable set-off rule in a cross-border context. The author's clear diction and ability to take the reader by the hand makes Set-off Defences in International Commercial Arbitration an accessible and seizable topic on only 228 pages. Dr. Philipp K. Wagner Schieds VZ 2012, Heft 2Table of ContentsIntroduction 1 Key Aspects of Set-off I Definition II Significance and Functions of Set-off III Significance of Set-off in Modern Business Life IV Modern Problems with Set-off V Terminology 2 Set-off in a Comparative Survey I Incipiencies: Roman Law II Set-off in the Romanic Legal Systems III Set-off in the Germanic Legal Systems IV Set-off in England and English-based Jurisdictions V Comparative Analysis 3 Set-off in the Conflict of Laws 1 I. Determination of the Applicable Law in International Arbitration II Law-determination for Set-off in Classic Conflict of Laws III Criteria for a Suitable Rule to Determine the Law Applicable to a Set-off in International Arbitration IV Discussion of Classic Choice-of-Law Rules With Regard to Set-off V Other Choice-of-Law Solutions in International Arbitration VI Summary 4 Conclusions 5 Final Summary

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Book SynopsisThere is growing enthusiasm for the use of mediation to seek to resolve cases arising under the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (the Convention). However, despite being endorsed by the conclusions of meetings of experts, judicial comment and even legislative changes, there have been relatively few cases where mediation has played a significant role. It is suggested that the reason underlying this dichotomy between the widespread support for the use of mediation and the current limited practice is that there are several key questions regarding the use of mediation in the context of the Convention which remain to be answered. Specifically: what is meant by Convention mediation? How can a mediation process fit within the constraints of the Convention? And why offer mediation in Convention cases given the existing legal framework? This book addresses these questions and in so doing seeks to encourage a movement from enthusiasm about the use of mediation in the Convention context to greater practice. This title is included in Bloomsbury Professional's Family Law online service.Trade ReviewI shall certainly be recommending this book with enthusiasm to all my students…Vigers book will be required reading for the team that secures the research contract recently announced by the European Parliament for a study on 'Cross-border parental child abduction'… -- Trevor Buck * Cambridge Law Journal, Volume 72. Number 3 *Table of Contents1. INTRODUCTION I. Aim and Purpose II. Structure and Scope III. Background and Context IV. Conclusion 2. WHAT IS CONVENTION MEDIATION? I. Introduction II. Definitional Difficulties III. Place in the Procedure IV. Conclusion 3. HOW CAN A MEDIATION PROCESS FIT WITHIN THE CONSTRAINTS OF THE CONVENTION? I. Introduction II. Convention Mediation as a Specialism III. Responding to Specific Challenges IV. Conclusion 4. WHY MEDIATE IN CONVENTION CASES? I. Introduction II. Responding to Concerns Surrounding the Operation of the Convention III. Additional Added Value IV. Conclusion 5. THE VOICE OF THE CHILD I. Introduction II. The Voice of the Child in Mediation III. The Voice of the Child in Convention Court Proceedings IV. The Voice of the Child in Convention Mediation V. Conclusion 6. CONCLUSIONS I. From Enthusiasm . . . II. . . . To Action

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Book SynopsisWhile the availability and efficacy of arbitration in London, Paris and New York is well known, and the popularity of the Swiss system widely accepted, less is known about the mechanisms available for arbitrating international disputes in Germany. In fact, Germany boasts a well-developed system of arbitration which is streamlined, efficient and inexpensive, but which has been hitherto overlooked in favour of other jurisdictions. This new work by experienced German arbitrators, explains in detail the workings of the German system for international arbitration – the basis of its code, its institutional architecture and its procedural features. Thus this work presents, for the first time, the full workings of the German system to an English-speaking audience.

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Book SynopsisWhich dispute settlement mechanisms are available in the area of space communication? Their choice is clearly determined by the legal character of those who are parties in the dispute – States, international intergovernmental organisations, private entities or even individuals. In this study the analysis of various dispute settlement mechanisms demonstrates that not all existing mechanisms are equally capable of serving this purpose. It appears that the parties to a dispute often prefer to search for a consensus and an arbitration procedure prior to taking part in international adjudication. The cases where formalised international courts are involved in this area have been relatively rare. Space communication disputes may often be similar to investment disputes; the decisive factors of this similarity are the high costs of investment, its international character, the necessity to maintain working relationships with the opposing party of the dispute after the conclusion of the dispute, the difficult technical background to the cases, little trust in court procedures, low indemnification and the fear of non-implementation of court decisions. As a consequence, it can be expected that mediation, negotiation and arbitration, but also alternative dispute settlement mechanisms will remain the main mechanisms of dispute settlement in the area of space communication in the near future. This title is included in Bloomsbury Professional's International Arbitration online service.Trade Review[W]e would certainly recommend this work to those involved in dispute settlement and telecommunications law. The book contains many useful insights for practitioners, and is food for thought for academics who would like to further elaborate on the topic. -- Piergiuseppe Pusceddu * Transnational Dispute Management *This book consists of an excellent range of papers delivered at the 2013 Workshop on the topic and is a useful addition to any collection on dispute resolution or on space law. -- Sa’id Mosteshar * Computer and Telecommunications Law Review *Table of ContentsIntroduction: Dispute Settlement in the Area of Space Communication Mahulena Hofmann Dispute Settlement in Satellite Communication and the ITU ITU and its Dispute settlement Mechanism Srinivasan Venkatasubramanian The Role of Consensus in the ITU Francis Lyall Dispute Resolution before the ITU: The Operator’s Experience Gerry Oberst Orbits and Frequencies: The Legal Context Tanja Masson-Zwaan From Negotiations to Dispute Settlement: The Role of the World Trade Organization (WTO) in relation to Satellite Communications Peter Malanczuk About the New PCA Rules and their Application to Satellite Communication Disputes Frans G. von der Dunk Dispute Settlement in Space: The Perspective of the European Space Agency Ioanna Thoma

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Book SynopsisThe introduction of the Arbitration Act 2010 radically changed arbitration law and practice in Ireland. Now in its 2nd ed, this book provides a detailed and concise section-by-section commentary on the Arbitration Act 2010 and the UNCITRAL Model Law to include a discussion on all recent Irish arbitration case-law.

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Book SynopsisThis publication was conceived in 1948 as a collection of international awards or decisions rendered between States, including cases involving espousing or respondent Governments on behalf of individual claimants. The present volume reproduces the awards in two arbitrations, namely, the case between the Republic of Ecuador and the United States of America, and the Railway Land Arbitration between Malaysia and Singapore, respectively. It also reproduces the outcome of the Timor Sea Conciliation, involving Timor-Leste and Australia.

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Book SynopsisThe book presents arguments derived from primary sources related to international arbitration in South Asian jurisdictions, a list of the same is made available therein. The book is a research statement on the contemporary concerns within international commercial arbitration, especially related to enforcement of foreign arbitral awards. Importantly, the book through a unique methodology of interface, presents the gratuitous nature of Article 34 of the UNCITRAL Model Law when read with Article V of the New York Convention, especially the plea to the States within Article VII of the same Convention to ease the restrictions and the process of enforceability of foreign arbitral awards. The book also articulates another important and immediate need with regard to international arbitration – the delimitation of public policy exception to recognition and enforcement of foreign arbitral awards. It critiques the jurisprudence related to arbitration in jurisdictions spread across different geographic regions, thereby enabling the reader to gain an insight into their practices, apart from ensuring a comparative perspective. The book addresses the primary concern related to international arbitration – enforcement of foreign arbitral awards and the grounds for challenges articulated within the New York Convention and the UNCITRAL Model Law. It addresses these grounds, and articulates the necessity for carving the criteria for the application of public policy exception. The book will not only be a useful resource for policy makers, students and researchers interested in international commercial arbitration, and private international law, but also for practitioners working on dispute resolution in trans-jurisdictional disputes in South Asia and beyond.“…The present book is not just another book contributing to the endless list of literature already widely used in International Commercial Arbitration on public policy but, in my opinion, is unique in many respects. The distinguishing factor of this book is its regional perspective…" - Justice Deepak Verma, Former Judge of Supreme Court of India and Arbitrator“…This book addresses this core element of the success story of arbitration: enforcement and refusal to enforce and, hence, its relevance cannot be overstated…” - Csongor István Nagy, Professor of Law and Head, Department of Private International Law, University of Szeged, Hungary Detailed Forewords are available in the book and can be freely downloaded from https://link.springer.com/book/10.1007/978-981-16-2634-0 Table of Contents1.0 Introduction to the book 1.1 An overview of the international regime on enforcement of foreign arbitral awards 1.2 Identifying the difficulties encountered in implementing this regime 2.0 The exceptions to the Enforcement of the Foreign Arbitral Awards within the New York Convention – jurisprudence from State Practice 2.1 Article V(1)(a) 2.2 Article V(1)(b) 2.3 Article V(1)(c) 2.4 Article V(1)(d) 2.5 Article V(1)(e) 2.6 Article V(2)(a) &(b) 3.0 UNCITRAL Model Law 3.1 – mapping the work of Working Group II 3.2 – UNCITRAL ML on recognition and enforcement of arbitral awards 3.3 - Article 34 – set aside of arbitral awards 3.4 - Article 36 – refusal of recognition or enforcement of foreign arbitral awards 4.0 The Public Policy Exception to Enforcement – the origins in private law 4.1 – articulation of public policy within private international law 4.2 - public policy in international commercial arbitration 4.3 the manifestation and diversity of public policy within international commercial arbitration 4.4 – the guidance under the international instruments related to international arbitration 4.5 – The New York Convention on Public Policy 4.6 – The UNCITRAL Model Law on Public Policy 5.0 – State practice on the delimitation and interpretation – the maximalist and minimalist approaches 5.1 – instances of delimitation of Public Policy exception through statutory provisions 5.2 - judicial interpretations on the scope of the public policy exception 6.0 – Public policy – need to rein the unruly horse 6.1 – time for a uniform approach to public policy 6.2 – a possible content for public policy – fundamental standards of the international community and international conventions 7.0 - Conclusion

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