
Planning Efficient Arbitration Proceedings
by Berg, A. J. van den; T. M. C. Asser Instituut; International Council for Commercial Arbitration-
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Summary
Table of Contents
Preface | |
Albert Jan van den Berg | |
Welcoming Address | p. 1 |
Opening Addresses | p. 4 |
Foreword | p. 12 |
Summary | p. 16 |
Comparative Analysis of Power of Arbitrators to Determine Procedures in Civil and Common Law Systems | p. 24 |
Power of Arbitrators to Determine Procedures under the UNCITRAL Model Law | p. 39 |
Comparative Analysis of Power of Arbitrators to Determine Procedures under Various Arbitration Rules | p. 56 |
Pros and Cons of More Detailed Arbitration Laws and Rules | p. 65 |
Pros and Cons of Terms of Reference and Specific Procedural Agreements in Arbitration Clauses: Storm in to Calm the Sea | p. 73 |
Procedures for Avoiding Unexpected Legal Issues | p. 87 |
UNCITRAL Project for Improving Methods of Planning Arbitral Proceedings | p. 100 |
Overview of Methods of Presenting Evidence in Different Legal Systems | p. 112 |
Burden of Proof in International Arbitration | p. 123 |
Improving Procedures for Discovery and Documentary Evidence | p. 131 |
Improving Procedures for Oral and Written Witness Testimony | p. 145 |
Improving Procedures for Expert Testimony | p. 154 |
Roles of the Arbitral Tribunal in Civil Law and Common Law Systems with Respect to Presentation of Evidence | p. 161 |
Questions Concerning the Desirability and Text of the UNCITRAL Project to Improve Planning of Arbitral Proceedings | p. 173 |
List of Oral Interventions to Working Group I | p. 195 |
International Arbitral Centre of the Austrian Federal Economic Chamber | p. 197 |
International Court of Arbitration of the International Chamber of Commerce | p. 206 |
London Court of International Arbitration | p. 213 |
International Centre for Settlement of Investment Disputes | p. 221 |
American Arbitration Association | p. 223 |
Various Central and Eastern European Centres | p. 227 |
Other Arbitration Centres: Quebec National and International Commercial Arbitration Centre | p. 233 |
Non-administered Arbitration | p. 247 |
Introduction | p. 251 |
The Law Governing the Capacity to Arbitrate | p. 260 |
Towards a Possible Solution: Limitation, Interest and Assignment in London and Paris | p. 268 |
Applicable Substantive Law in Disputes between States and Private Foreign Parties: The Case of Arbitration under the ICSID Convention | p. 294 |
Introduction: the Law Governing the Procedure | p. 320 |
The Law Governing the Procedure: Express or Implied Choice by the Parties - Contractual Practice | p. 322 |
International Arbitration under U.S. Law and AAA Rules | p. 337 |
Mandatory National Procedural Law and Auxiliary Powers of Courts | p. 355 |
Special Considerations Which May Affect the Procedure (Interim Measures, Amiable Composition, Adaptation of Contracts, Agreed Settlements) | p. 362 |
Procedural Decisions by the Arbitral Tribunal | p. 374 |
Express and Implied Choice of the Substantive Law in the Practice of International Arbitration | p. 380 |
Regulations in Arbitration Rules on Choice of Law | p. 391 |
Relevance of Conflict of Law Rules in the Practice of Arbitration | p. 447 |
International Conventions on Conflict of Laws and Substantive Law | p. 459 |
The Law Applicable in International Arbitration - Relevance of Reference to Trade Usages | p. 471 |
Special Features of the Application of Particular Laws Relevant for the Practice of Arbitration - Common Law | p. 480 |
Islamic Law | p. 494 |
Law Applicable to International Contracts in Latin America | p. 501 |
Arbitration Law in States after Fundamental Changes | p. 518 |
Arbitration and Applicable Law in Japan | p. 530 |
Mandatory Extraterritorial Application of National Law Rules | p. 538 |
Application of General Principles of Law | p. 553 |
The Law Applicable in International Arbitration: Application of Public International Law | p. 562 |
Thirty Years of Lex Mercatoria: Towards the Discriminating Application of Transnational Rules | p. 570 |
List of Oral Interventions to Working Group II | p. 591 |
List of Participants | p. 592 |
List of ICCA Officers and Members | p. 609 |
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