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.
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 and Hearings
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 Process.
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 Code.
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 Practitioners...”
Joint Plenary Closing Session D
Judicial Debate on the General Theme: “State Courts and International
Arbitration: The Future”.
View a pdf of the Table of Contents