This volume collects the articles emanating from the twenty-first
Congress of the International Council for Commercial Arbitration (ICCA)
held in Singapore in 2012. It opens with a thought-provoking keynote address
on the present Golden Age of arbitration and its potential weaknesses and
covers both practical and theoretical topics addressed by renowned arbitration
practitioners and scholars.
Two principal themes are addressed.
The first deals with various aspects of the arbitration proceedings – from the
agreement to arbitrate and the commencement of proceedings (with an
introduction to i- and e-arbitration) to the evidence-collecting phase, the
tribunal’s decision and the issue of legal and arbitration costs.
;The second examines the interaction between legal orders and national courts
and arbitration; the need for and role of ethical codes of behaviour; the
balance between investment protection and “policy space”; the future of ICSID;
and the role of technological tools in arbitration.
The volume closes with the report of a judicial debate among eleven senior
judges addressing issues in the application of the 1958 New York Convention.
PREFACE Albert Jan van den Berg, General Editor
Joint Plenary Opening Session A International Arbitration: The Coming
of a New Age for Asia (and Elsewhere).
Breakout Session B1 Agreeing To and Initiating Arbitration.
Breakout Session B2 The Arbitral Proceedings Commence, with an
Introduction to E and I Arbitration.
Breakout Session B3 Evidence, Document Production, Witnesses, Experts
Breakout Session B4 The Tribunal Resolves the Dispute.
Breakout Session B5 Legal and Arbitration Costs.
Breakout Session B6 The Use of Arbitral Secretaries under the New
UNCITRAL Rules and Otherwise: Opportunities and Pitfalls.
Breakout Session C1 General Introduction - Transcending National Legal
Orders for International Arbitration, Both Commercial and Investment
Arbitration; Legal Theories;Emerging Transnational Legal Procedure; Roles of
International Law and Applicable National Laws; Lessons for ASEAN from the
(Amended) EU Brussels Regulation and Lugano Convention etc.
Breakout Session C2 The Relationship between International Arbitration
and the National Judge:Both Arbitral Seat and Enforcement; Anti-Suit And
Anti-Arbitration Injunctions; Bad Faith Decisions Under the New York
Convention; State Liability for Interfering in the International Arbitration
Breakout Session C3 The Relationship between International Arbitration
and the Regulator(s): The Need for Ethical Codes, Guidelines and Best
Practices for Arbitration Counsel, Arbitrators, Arbitral Secretaries and
Arbitral Institutions: The DB/MS Rio Code, the ILA Code and the CCBE Draft
Breakout Session C4 The Future of European Community Investment Policy:
Navigating Between a High Level of Investment Protection and Increasing
Demands for “Policy Space” – Lessons from the US Experience.
Breakout Session C 5 The Future of ICSID, Ad Hoc Committees, Appellate
Tribunals, International Investment Courts and Investment Arbitration.
Breakout Session C6 General Lessons for the New Technological Age of
International Arbitration:“Let Not what Happened to Newspaper-Owners,
Book-Publishers, and Candle-Stick Makers Happen to Arbitration
Joint Plenary Closing Session D Judicial Debate on the General Theme:
“State Courts and International Arbitration: The Future”.
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