Parallel State and Arbitral Procedures in International Arbitration
By: Bernardo María Cremades, Julian D. M. Lew
About This Book
In recent years, international commercial arbitration procedures have made great strides to bring into line different traditions of law and practice. But considerable problems remain. the aim of this new Dossier by the ICC Institute of World Business Law, is to give the reader a thorough picture of the practical issues raised by the conflicts arising when there is more than one arbitration and when commercial arbitrations run in parallel with state legal procedures. This is the third in a series of Dossiers from the Institute. See also Arbitration - Money Laundering, Corruption and Fraud and Arbitration and Oral Evidence. The issues, When a commercial arbitration takes place along with other commercial or investment arbitrations or legal proceedings a number of sensitive issues are raised: 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 practitioners 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. The authors Written by expert arbitrators and practitioners, some of whom are affiliated with ICCs Court of Arbitration, one of the worlds oldest and most respected arbitration institutions, Parallel Procedures is an indispensable guide for arbitrators, lawyers and anyone with an interest in arbitration procedures.
AI Overview
The book "Parallel State and Arbitral Procedures in International Arbitration" is a comprehensive guide prepared by the ICC Institute of World Business Law. Here is a detailed overview of the book, including its key themes, plot summary, and critical reception:
Key Themes
Conflict Resolution in Arbitration: The book addresses the practical issues that arise when commercial arbitrations run in parallel with state legal procedures. It explores the conflicts that occur when multiple arbitration proceedings or legal proceedings are ongoing simultaneously.
International Commercial Arbitration: The publication focuses on the challenges and complexities of international commercial arbitration, aiming to bring different legal traditions and practices into alignment. It highlights the need for better understanding and addressing these conflicts by both arbitrators and practitioners.
Jurisdictional Conflicts: The book delves into the sensitive issues raised by jurisdictional conflicts between state courts and arbitral tribunals. It provides a transparent and easy-to-understand analysis of these conflicts, making it an indispensable guide for those involved in arbitration procedures.
Expert Insights: Written by expert arbitrators and practitioners, some of whom are affiliated with ICC’s Court of Arbitration, the book offers insights from experienced professionals in the field. This expertise ensures that the issues are presented in a practical and relevant manner.
Plot Summary
The book is structured to provide a thorough picture of the practical issues arising from parallel state and arbitral procedures. It covers the following key points:
- Conflicts in Arbitration: It examines the conflicts that occur when multiple arbitration proceedings or legal proceedings are ongoing simultaneously.
- Practical Issues: The book lays out the practical issues raised by these conflicts, including how to manage and resolve them effectively.
- Legal Framework: It discusses the legal framework governing these conflicts, including relevant multinational and supranational conventions, institutional arbitration rules, and national laws in force.
Critical Reception
While specific reviews of the book are not readily available in the search results, the book is described as an indispensable guide for arbitrators, lawyers, and anyone with an interest in arbitration procedures. The ICC Institute of World Business Law's reputation and the involvement of expert arbitrators and practitioners suggest that the book is highly regarded in the field of international arbitration.
Additional Context
- Publication Details: The book is a co-publication with ICC Publishing, indicating its authoritative nature within the arbitration community.
- Target Audience: The book is aimed at a broad audience, including arbitrators, lawyers, and anyone interested in arbitration procedures. Its practical approach makes it valuable for both practitioners and policymakers.
In summary, "Parallel State and Arbitral Procedures in International Arbitration" by Bernardo María Cremades and Julian D. M. Lew provides a comprehensive guide to the complex issues arising from parallel state and arbitral procedures. Its expert insights and practical analysis make it a valuable resource for those involved in international arbitration.