International Commercial Arbitration
Important Contemporary Questions
By: A. J. van den Berg
About This Book
The collected papers in ICCA Congress Series no. 11, as reflected in its title, address important contemporary questions in international commercial arbitration. Included are contributions written by participants in the UNCITRAL Working Group on Arbitration and Conciliation on its current work on the requirement of a written form for an arbitration agreement, interim measures of protection and UNCITRAL?s Model Law on International Commercial Conciliation. Further contributions give leading practitioners? views on illegality in the formation and performance of contracts or in the conduct of the arbitration, examining questions on how the arbitral tribunal should deal with these vexed issues and how forgery and fraud may be detected. The factors that lead to acceptance by parties of the decisions of arbitrators are dealt with in contributions on the psychological aspects of dispute resolution. The volume concludes with a series of articles on arbitration under investment treaties written by experienced arbitrators and practitioners, with special emphasis on ICSID and NAFTA and the emerging issues of transparency, accountability and review. Contains lengthy articles on the ongoing work of UNCITRAL on proposed amendments to the UNCITRAL Model Law on International Commercial Arbitration and the recently adopted Model Law on International Commercial Conciliation Details the current thinking on the requirement of an arbitration agreement in writing and how this can be accommodated by the UNCITRAL Model Law and the 1958 New York Convention Addresses the granting of interim measures by arbitral tribunals and their enforcement by national and foreign courts Analyzes issues raised by illegality in the formation and performance of contracts and in the conduct arbitrations and provides a systematic overview of the answers given by legislation, arbitrators and courts Provides insight into the attitudes of arbitrators and parties regarding dispute settlement processes Addresses the changing public perception of arbitration under investment treaties
AI Overview
The book "International Commercial Arbitration: Important Contemporary Questions" by Albert Jan van den Berg is part of the ICCA Congress Series no. 11. Here is a comprehensive overview of the book:
Key Themes
- Contemporary Issues: The book addresses important contemporary questions in international commercial arbitration. It covers a range of topics relevant to the field, including the arbitral process, contract issues, interim relief, and enforcement of arbitration agreements and awards.
- Global Perspective: The book provides a global perspective on international commercial arbitration, reflecting the diverse nature of the field and its applications across different jurisdictions.
- Arbitral Process: It explores the full range of the arbitral process, including the contract, arbitral proceedings, interim relief, and enforcement. This comprehensive approach helps readers understand the complexities and nuances of international commercial arbitration.
Plot Summary
The book is a collection of papers presented at the ICCA Congress, focusing on contemporary issues in international commercial arbitration. It does not have a narrative plot but rather a series of scholarly articles and discussions on various aspects of arbitration. The content is structured around key topics relevant to practitioners and scholars in the field, ensuring a thorough examination of the subject matter.
Critical Reception
While specific reviews of the book are not provided in the search results, the ICCA Congress Series is widely regarded as a significant resource in the field of international commercial arbitration. The series is known for its authoritative and comprehensive coverage of contemporary issues, making it indispensable for those involved in international arbitration.
Additional Context
Albert Jan van den Berg is a prominent figure in the field of international commercial arbitration, known for his contributions to the subject. His work on the New York Convention of 1958 and his involvement in various ICCA conferences further underscore his expertise and influence in the field.
In summary, "International Commercial Arbitration: Important Contemporary Questions" by A. J. van den Berg is a seminal work that provides a detailed examination of the contemporary issues in international commercial arbitration. It is a valuable resource for practitioners, scholars, and anyone interested in the complexities and developments of this critical area of international law.