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Arbitration as Balanced Administration of Justice: Essays In Honour of Piero Bernardini

Arbitration as Balanced Administration of Justice: Essays In Honour of Piero Bernardini

作者： Massimo Benedettelli; Andrea Carlevaris; Antonio Crivellaro; Maria Beatrice Deli
出版商： Brill Nijhoff
ISBN: 9789004694903
出版时间 July 2024
规格： Hardback
适应领域： Netherlands ? 免责申明：
Countri(es) stated herein are used as reference only

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Arbitration is adjudication and, like any form of adjudication, it must ensure justice to parties. Justice requires that in settling disputes arbitrators constantly balance the opposing interests of the parties and the different legal systems relevant to the resolution of the dispute from time to time at hand. This book addresses such issues by looking at the different stages of arbitration: from the selection of the arbitral seat to the definition of jurisdictional limits, from the choice of applicable law to the revision of arbitral awards.

The book collects essays by colleagues and friends of Piero Bernardini, a leading practitioner of international arbitration who was a champion in achieving balance in the administration of justice through arbitration.
Essays in Honor of Piero Bernardini
Foreword by the Editors
A Colleague, a Friend
By Andrea Giardina
Notes on Contributors

1.
The Proper Role of the Seat in International Commercial Arbitration: a Minimalist Perspective
Diego P. Fernández Arroyo and Luca G. Radicati di Brozolo
2.
Res Judicata as a Principle of International Law
John Beechey and Niccolò Landi
3.
Roman Law Legacies for International Arbitration in the Third Millennium
Massimo V. Benedettelli
4.
ICC Award of 5 June 1996 No.
7375: a Significant Recognition of the Role of the UNIDROIT Principles in International Arbitration
Michael Joachim Bonell
5.
State Representation in International Arbitration: A Tale of Two Governments
Federico Alberto Cabona
6.
Sports Arbitration and the Guarantees of Article 6.1 of the European Convention on Human Rights: the Case of Mutu and Pechstein
Lucius Caflisch
7.
The Arbitrator’s Duty of Freedom
Thomas Clay
8.
The Applicable Law in Arbitration Proceedings at the Court of Arbitration for Sport
Massimo Coccia
9.
The Arbitrator’s Duty of Disclosure: International Experience and Italian Law
Diego Corapi
10.
Corruption and Arbitration: Arbitrability, Jurisdiction, Admissibility or Merits?
Giuditta Cordero-Moss
11.
War Claims in Investment Arbitration
Antonio Crivellaro
12.
Expert Witnesses and Arbitration with Seat in Italy
Giorgio De Nova
13.
Revision of the Award by the Arbitrators: an Issue to Revisit?
Antonias Dimolitsa
14.
Procedural “Soft Law” in International Commercial Arbitration: Oxymoron or Reality? The Case of the Taking of Evidence
Luigi Fumagalli
15.
Piero Bernardini’s Legacy in Investment Arbitration: the Philip Morris v Uruguay Case
Meg Kinnear and Carlos Molina Esteban
16.
“Bifurcation” of Arbitral Proceedings Considered from a Different Angle
Richard Kreindler and Roberto Argeri
17.
The Tribunal’s Reasoning: Is Investor-State Arbitration Special?
Carolyn B. Lamm, Eckhard Hellbeck, and Maximilian Clasmeier
18.
The Law Applicable to Issues of Proof in International Arbitration
Pierre Mayer
19.
Walking the Extra Mile on the “Extension” of the Arbitration Agreement to Non-Signatories? A French Perspective
Alexis Mourre and Valentine Chessa
20.
Soft Law in International Investment Arbitration
Fulvio M. Palombino
21.
After Komstroy. Have the EU Member States Withdrawn by the Lisbon Treaty, as an Inter-se Agreement under Article 41 vclt, Their Consent to icsid Jurisdiction on ect Intra-EU Investment Disputes?
Giorgio Sacerdoti
22.
Experts as Tribunal Advisors and Specific Performance: Piero Bernardini's Legacy for Technically Complex Cases
Michael E. Schneider
23.
Notice and Wait
Christoph Schreuer
24.
Evolution and Improvement of the Investor-State Dispute Settlement System: the UNCITRAL and ICSID Contribution
Bernardo Sepúlveda Amor and Pamela Payró Katthain
25.
Separability and the Law Applicable to the Substantive Validity of Arbitration Agreements
Giovanni Zarra

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