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Finances in International Arbitration: Liber Amicorum Patricia Shaughnessy

Finances in International Arbitration: Liber Amicorum Patricia Shaughnessy

  • 作者:
  • 出版商: Kluwer Law International
  • ISBN: 9789403506340
  • 出版时间 November 2019
  • 规格: Hardback
  • 适应领域: International ? 免责申明:
    Countri(es) stated herein are used as reference only

List Price: ¥1,413.60

¥1,371.19 Save ¥42.41 (3%)

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  • 描述 
  • 大纲 
  • 详细

    Finances in International Arbitration focuses on various aspects of finances of arbitration, such as evaluating the costs of disputes, arbitral institution costs, financing of disputes, recovery of costs of arbitration and other related financial matters. Costs of arbitration have always been a main concern in international arbitration. It is a topic most often discussed and analysed. In spite of the recent developments in third-party funding regulations as well as other mechanisms made available to users of arbitration to reduce costs, the topic remains a key focus for users of arbitration. This book celebrates the career of Dr Patricia Shaughnessy, in particular, for the establishment of the top-ranked Masters of Law (‘LLM’) programme in International Commercial Arbitration at Stockholm University. Over twenty-five renowned practitioners and academics worldwide, who have been influenced by Dr Shaughnessy, explore this much-debated topic on the occasion of her 65th birthday.

    What’s in this book:

    The contributions in this dedication to Dr Shaughnessy’s legacy look at issues such as the following:

    • costs of court proceedings versus arbitration proceedings;
    • fee arrangements with legal counsel;
    • costs of commercial versus investment arbitration;
    • how to deal with in-house costs in international arbitration;
    • impact of tribunal secretaries in international arbitration;
    • cost sanctions in international arbitration;
    • damages in international arbitration.

    The contributors offer proposals involving both legislative and judicial actions, with examples of judges invoking criminal law principles to develop an appropriate level of safeguards in competition law proceedings.

    How this will help you:

    The analysis and views offered by leading scholars and practitioners on current issues arising out of costs of arbitration will offer readers a unique perspective on various aspects of the finances involved in arbitration. This book will provide insightful thoughts and practical guidance for academics and practitioners in the field of international arbitration. As an interesting multi-contributor work on finances in international arbitration, the book will complement the existing arbitration offering and fill the obvious gap in the international commercial arbitration market.

  • Editors

    Contributors

    Foreword

    CHAPTER 1
    In-House Counsel and Recoverability of Costs in International Arbitration: Time for a Clear-Cut Position?
    Crina Baltag

    CHAPTER 2
    Cost Sanctions for Delaying Tactics in International Arbitration
    Klaus Peter Berger

    CHAPTER 3
    Costs Allocation in International Arbitration: What Normative Source, If Any?
    George A. Bermann

    CHAPTER 4
    Rethinking “Pathological” Arbitration Clauses: Validating Imperfect Arbitration Agreements
    Gary Born & Matteo Angelini & Carina Alcoberro Llivina

    CHAPTER 5
    Awarding Damages to Expropriated Parties
    Petra Butler

    CHAPTER 6
    How Heuristics Misshape Reasoning and Lead to Increased Costs in Arbitration
    Anthony Daimsis

    CHAPTER 7
    Third-Party Funding: The Award of Costs and Security for Costs
    John Fellas

    CHAPTER 8
    Allocation of Costs in International Arbitration: A Comparative Analysis of Approaches in International Commercial Arbitration and Investment Treaty Arbitration
    Steven P. Finizio & Ross Galvin

    CHAPTER 9
    Breach of Arbitration Agreements: Should Parties Be Disciplined with Indemnity Costs?
    Fabricio Fortese

    CHAPTER 10
    Courts or Tribunals?
    Kaj Hobér

    CHAPTER 11
    Should the Place of Arbitration Be a Factor in Determining the Costs of International Arbitration Proceedings?
    James Hope

    CHAPTER 12
    The Tribunal Secretary: Is It Impact on the Cost of Arbitration?
    Hu Li

    CHAPTER 13
    Costs Follow the Event: Or Rather the Events
    Pierre Karrer

    CHAPTER 14
    Should Parties Disclose the Existence of a Third-Party Funder? (Disclosure and Conflicts of Interest)
    Richard Kreindler & Aren Goldsmith

    CHAPTER 15
    Arbitrating Post-cartel Damages Claims in the European Union: Taking Stock
    Stefan Kröll

    CHAPTER 16
    Costs in International Arbitration: Can Costs Be Controlled?
    Julian D.M. Lew QC

    CHAPTER 17
    Third-Party Funding in International Arbitration: Views from a Conflict-of-Law Perspective and Beyond
    Alberto Mazzoni

    CHAPTER 18
    Climate Change Financing and Dispute Resolution
    Wendy J. Miles QC & Nicola Swan

    CHAPTER 19
    The Enforcement of International Arbitration Awards: Synergy and Complementarity of Enforcement Mechanisms
    Sophie Nappert & Giammarco Rao

    CHAPTER 20
    Trust and Transparency in Arbitrator Time Reporting
    Robin Oldenstam & Jakob Ragnwaldh

    CHAPTER 21
    Security for Costs: Overview of ICSID Case Law
    Martina Polasek & Celeste E. Salinas Quero

    CHAPTER 22
    Does a Party Save Costs when Turning to International Arbitration over Litigation?
    Pirkka-Marja Põldvere & Lars Nümann

    CHAPTER 23
    Security for Costs in the SCC Rules
    Johan Sidklev

    CHAPTER 24
    Allocating Costs in International Arbitration: Do Alternative Fee Arrangements with Counsel Require Alternative Considerations?
    Gretta L. Walters

    Afterward: The Day the Arbitration World Stood Still
    Michael Mcilwrath

    Index

     

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