In This Issue:
- Foreword Why International Arbitration?
- Chapter I What is Arbitration?
- Chapter II When Should Provision for Arbitration be Made?
- Chapter III The Tribunal
- Chapter IV The Choice of Arbitration Rules
- Chapter V The Place of Arbitration
- Chapter VI Typical Steps in an Arbitration
- Chapter VII Checklist of Areas to Consider
- Chapter VIII Arbitration Between Foreign Investors and States
- Annex 1 Model Arbitration Clauses
- Annex 2 New York Convention States
- Annex 3 Arbitral Institutions
- Annex 4 Glossary
- Excerpt from Foreword: Why International Arbitration?
The expansion and globalisation of cross-border investment and trade has led to increased and ever more complex commercial relationships between businesses, investorsand states. As, inevitably, some of those relationships break down, parties need to consider (preferably at the outset of the relationship) the best means of resolving any disputes which may arise. In many cases, that will be arbitration.
Arbitration has been used for centuries, with Plato writing about arbitration amongst the ancient Greeks. In more modern times, arbitration became the standard method for resolving disputes in certain industry sectors (such as construction, commodities, shipping and insurance) where the arbitrators’ technical expertise was particularly valued. However, over the last 50 years or so, arbitration has been increasingly embraced by the international community, with many recognising its importance as the primary means of resolving complex, transnational commercial disputes (as well as the economic benefits for a state of being perceived as “arbitration friendly”).
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