| Foreword |
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xiii | |
| Biographies |
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xv | |
| Table of cases |
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xxiii | |
| Table of legislation |
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xxxvii | |
| Table of international treaties and conventions |
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xli | |
| Table of arbitration rules |
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xliii | |
| Chapter 1 Introduction |
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1 | (4) |
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1 | (1) |
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2 | (1) |
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3 | (2) |
| Chapter 2 The Law Governing The Arbitration Agreement: A Transnational Solution? |
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5 | (20) |
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5 | (1) |
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The need for a separate inquiry into the law governing the arbitration agreement |
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6 | (4) |
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The first candidate approach: the law applicable to the main contract |
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10 | (2) |
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The second candidate approach: the law of the seat |
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12 | (4) |
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The third candidate approach: transnational rules |
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16 | (3) |
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Overcoming the challenges of a transnational approach |
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19 | (4) |
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The non-discrimination principle |
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19 | (2) |
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21 | (1) |
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22 | (1) |
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23 | (2) |
| Chapter 3 Multi-Tier Dispute Resolution Clauses In Construction Contracts |
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25 | (8) |
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25 | (1) |
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Typical multi-tier clauses |
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25 | (1) |
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Problems with multi-tier clauses |
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26 | (1) |
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Enforceability of multi-tier clauses |
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27 | (5) |
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32 | (1) |
| Chapter 4 The Rise Of Arbitral Institutions And Their Role In Private Dispute Resolution |
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33 | (15) |
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33 | (1) |
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Arbitration in the modern era |
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34 | (2) |
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36 | (1) |
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37 | (1) |
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38 | (1) |
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39 | (1) |
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Challenges to arbitrators |
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40 | (1) |
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Ethics and conduct of advocates |
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41 | (1) |
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42 | (2) |
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Discussion and conclusions |
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44 | (4) |
| Chapter 5 Arbitration And The Expanding Circle Of Consenting Parties: Joinder Of Additional Parties And Consolidation Of Related Claims |
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48 | (15) |
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48 | (1) |
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The voluntary principle (need for party consent) |
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48 | (1) |
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49 | (1) |
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Current arbitration mechanisms of joinder and consolidation |
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49 | (1) |
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Joinder of an additional party (or set of additional parties) |
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49 | (1) |
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49 | (1) |
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Principles relevant to joinder and consolidation in arbitration law |
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50 | (1) |
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Principle 1: party consent and the voluntary principle |
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50 | (1) |
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Principle 2: procedural privity |
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50 | (1) |
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Principle 3: enforcement only against a true party |
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51 | (1) |
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Principle 4: consumer protection |
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51 | (1) |
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Access to arbitration under the English contractual third party beneficiary statute |
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51 | (4) |
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Exclusion of the Contracts (Rights of Third Parties) Act 1999 by the contracting parties |
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51 | (1) |
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Section 8(1), Contracts (Rights of Third Parties) Act 1999 |
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52 | (2) |
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Section 8(2), Contracts (Rights of Third Parties) Act 1999: a pure right of arbitration conferred on a third party |
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54 | (1) |
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Opt-in multi-party arbitration |
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55 | (1) |
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Representative proceedings and opt-out systems |
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55 | (1) |
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Revisiting 'party consent' |
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55 | (1) |
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Multilateral contracts: the foundation for arbitration contractual networks |
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56 | (3) |
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Arbitral institutions deciding to link arms to create a network of common rules regulating joinder and consolidation |
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59 | (1) |
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Representative proceedings permitting multi-party arbitration on a large scale |
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59 | (2) |
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Embedding the new approach |
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61 | (1) |
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61 | (2) |
| Chapter 6 Multi-Party Arbitration Under Institutional Rules |
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63 | (15) |
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63 | (1) |
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Institutional rules on complex arbitrations: the respective roles of institutions and arbitrators |
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64 | (1) |
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The administration of complex arbitrations under the ICC Rules |
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65 | (1) |
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Joinder of additional parties |
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65 | (5) |
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Automatic nature of the joinder and prima facie assessment of the court |
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65 | (1) |
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66 | (3) |
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69 | (1) |
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The appointment of arbitrators |
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70 | (1) |
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Claims between multiple parties |
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70 | (2) |
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70 | (1) |
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70 | (2) |
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Multi-contract arbitrations |
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72 | (1) |
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73 | (4) |
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73 | (1) |
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73 | (1) |
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Same arbitration agreement |
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74 | (1) |
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Different arbitration agreements |
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75 | (1) |
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Discretional nature of the decision |
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76 | (1) |
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76 | (1) |
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77 | (1) |
| Chapter 7 Role Of Expert Witnesses In Construction Arbitration: Delay And Disruption And Quantum Issues |
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78 | (20) |
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78 | (1) |
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79 | (1) |
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The nature of construction projects |
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79 | (1) |
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Common issues faced on complex capital projects |
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80 | (2) |
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Multiple stakeholders with conflicting interests |
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80 | (1) |
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The effect of skills shortages |
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80 | (1) |
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The importance of sound governance |
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81 | (1) |
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The scope of work for an expert witness |
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82 | (1) |
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Project management of the expert witness evidence process |
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83 | (1) |
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General challenges in undertaking delay analysis |
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84 | (3) |
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84 | (1) |
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The quality of records and information |
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84 | (1) |
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84 | (1) |
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Working to a timescale - proportionality |
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85 | (1) |
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85 | (1) |
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86 | (1) |
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The manipulation of schedules |
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86 | (1) |
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Concurrency of delay events |
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87 | (1) |
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Uncertainty in forecasting outcomes |
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87 | (2) |
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89 | (1) |
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Delay analysis techniques |
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90 | (5) |
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92 | (1) |
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92 | (1) |
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Sequential addition of delays |
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92 | (1) |
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'But for' approach to adding delays |
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93 | (1) |
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93 | (1) |
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94 | (1) |
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94 | (1) |
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Effective articulation of the delay analysis results |
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95 | (2) |
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97 | (1) |
| Chapter 8 Construction Contracts As 'Investments' For The Purposes Of Investment Treaty Arbitrations |
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98 | (13) |
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98 | (1) |
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Definition of 'investment' |
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98 | (6) |
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Foreign investments in proceedings conducted according to the ICSID Convention |
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98 | (2) |
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Definitions of foreign investment in investment treaties |
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100 | (1) |
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Definition of foreign investment under the ICSID Convention |
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101 | (3) |
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How claims relating to construction contracts have been considered |
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104 | (6) |
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When construction contracts have constituted 'investments' |
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104 | (3) |
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When construction contracts have not constituted an 'investment' |
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107 | (1) |
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Construction projects versus stand-alone engineering contracts |
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108 | (2) |
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110 | (1) |
| Chapter 9 Expropriation Of Contractual Rights In Investment Treaty Arbitration |
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111 | (10) |
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111 | (1) |
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General principles surrounding the expropriation of contractual rights |
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111 | (5) |
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113 | (2) |
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Sovereign right to regulate/legislate |
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115 | (1) |
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Breaches of other treaty standards |
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116 | (1) |
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Application to circumstances in which it has been claimed that contractual rights have been expropriated |
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116 | (4) |
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116 | (2) |
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Contractual non-performance |
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118 | (1) |
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119 | (1) |
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Series of acts taken against investment |
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120 | (1) |
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120 | (1) |
| Chapter 10 The Enforcement Of Foreign Arbitral Awards: Main Recent Developments And Prospectives |
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121 | (18) |
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121 | (1) |
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The mechanics of the New York Convention |
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121 | (2) |
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The public policy scrutiny |
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123 | (4) |
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Recognition and enforcement of awards annulled at the place of arbitration |
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127 | (4) |
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Enforcement of lookalikes |
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131 | (6) |
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131 | (5) |
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Final and binding DAB decisions enforceable under the New York Convention? |
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136 | (1) |
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137 | (2) |
| Chapter 11 Recognition And Enforcement Of Domestic And Foreign Arbitral Awards In The Middle East |
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139 | (36) |
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139 | (3) |
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Enforcement of domestic arbitral awards |
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142 | (17) |
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Domestic ratification processes |
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142 | (4) |
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Applications for nullification and public policy considerations |
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146 | (6) |
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Enforcement through Special Tribunals |
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152 | (1) |
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Enforcement in or through free zones |
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153 | (5) |
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154 | (4) |
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158 | (1) |
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Curial assistance in enforcement |
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158 | (1) |
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Enforcement of foreign arbitral awards |
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159 | (10) |
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159 | (2) |
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Enforcement through regional and international enforcement instruments |
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161 | (4) |
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The GCC Convention and the Riyadh Convention |
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162 | (1) |
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163 | (2) |
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The public policy exception |
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165 | (2) |
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Enforcement in and through free zones |
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167 | (2) |
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Enforcement of investment arbitration awards |
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169 | (4) |
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Enforcement of ICSID awards |
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170 | (1) |
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Enforcement of non-ICSID awards |
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171 | (1) |
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Other enforcement frameworks |
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172 | (1) |
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173 | (2) |
| Chapter 12 Remedies At The Seat And Enforcement Of International Arbitral Awards: Res Judicata, Issue Estoppel And Abuse Of Process In English Law |
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175 | (18) |
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175 | (2) |
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The traditional approach to the relationship between the remedies at the seat and enforcement proceedings and its criticism |
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177 | (4) |
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181 | (3) |
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Abuse of process and the discretion to enforce |
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184 | (4) |
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Estoppel arising from a decision of an enforcement court |
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188 | (4) |
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192 | (1) |
| Chapter 13 Dispute Boards |
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193 | (27) |
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193 | (1) |
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193 | (1) |
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Legal basis for dispute boards |
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193 | (1) |
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193 | (1) |
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194 | (1) |
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Adjudication and dispute boards in England |
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194 | (3) |
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Demand for amicable dispute resolution |
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194 | (1) |
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English adjudication enforcement |
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195 | (2) |
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197 | (1) |
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197 | (1) |
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197 | (1) |
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198 | (1) |
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198 | (1) |
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198 | (3) |
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Benefits of dispute boards |
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198 | (2) |
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Disadvantages of dispute boards |
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200 | (1) |
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The use of dispute boards |
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201 | (1) |
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Differences between FIDIC contracts |
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202 | (2) |
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FIDIC dispute adjudication boards |
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202 | (1) |
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FIDIC Conditions of Contracts for Construction (the Red Book) |
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202 | (1) |
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Yellow Book and Silver Book |
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203 | (1) |
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203 | (1) |
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204 | (6) |
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Selection and appointment procedure |
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204 | (2) |
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Qualifications and obligations |
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206 | (1) |
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Impartiality and independence |
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206 | (1) |
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207 | (1) |
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Qualifications and experience relevant to the circumstances |
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207 | (1) |
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Remuneration of DB members |
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208 | (1) |
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Removal or replacement of DB members |
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209 | (1) |
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Removal of a board member |
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209 | (1) |
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Replacement of a board member |
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209 | (1) |
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Referral of disputes to a dispute board |
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210 | (2) |
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Preconditions for referral |
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210 | (1) |
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Jurisdiction of a dispute board |
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211 | (1) |
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211 | (1) |
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Enforcement of DB decisions |
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212 | (1) |
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The DAB is a gateway to arbitration |
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212 | (3) |
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DAB procedures are mandatory |
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212 | (1) |
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213 | (1) |
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Peterborough City Council v Enterprise Managed Services Ltd |
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213 | (1) |
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214 | (1) |
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The FIDIC December 2016 revision |
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215 | (1) |
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215 | (1) |
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Dispute Avoidance/Adjudication Board |
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215 | (1) |
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The claims procedure and the FIDIC time-bar |
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216 | (1) |
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216 | (3) |
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219 | (1) |
| Chapter 14 Enforcement Of Dab Decisions Under The FIDIC 1999 Forms Of Contract |
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220 | (29) |
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220 | (2) |
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222 | (1) |
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223 | (1) |
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What is the contractual obligation of a party in relation to compliance with a DAB's decision? |
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223 | (1) |
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Does the 'failure to pay' amount to a 'dispute' that can be referred to arbitration under Sub-Clause 20.6? |
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224 | (1) |
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Is the dispute capable of referral under Sub-Clause 20.6? |
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224 | (1) |
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225 | (8) |
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Damages for breach of contract |
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225 | (1) |
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Does the failure to pay amount to a breach of contract? |
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225 | (1) |
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If so, what loss flows from that breach of contract? |
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226 | (1) |
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Damages amount to interest only |
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226 | (1) |
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Damages include principal sum |
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226 | (1) |
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Does the 'secondary dispute' need to be referred back to the DAB prior to referral to arbitration? |
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226 | (1) |
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227 | (1) |
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The FIDIC Guidance Memorandum |
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228 | (1) |
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The concept of an inherent premise |
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228 | (2) |
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230 | (1) |
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230 | (1) |
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Does the arbitral tribunal have the power to order specific performance? |
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231 | (1) |
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How should an arbitral tribunal exercise its power? |
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232 | (1) |
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What effect, if any, does a NOD have on the contractual obligation on a party to give prompt effect to the DAB's decision? |
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233 | (2) |
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Is it necessary for the parties to refer both the primary and secondary disputes in a single arbitration? |
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235 | (2) |
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One-dispute approach or two-dispute approach? |
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235 | (2) |
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237 | (8) |
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238 | (1) |
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Is a binding DAB decision interim relief? |
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239 | (1) |
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Can a final award be given for relief that is not final and is it enforceable under the New York Convention? |
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239 | (2) |
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Argument against final award enforcing DAB's decision |
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241 | (1) |
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Arguments in favour of a final award as issue of non-payment resolved finally |
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242 | (2) |
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244 | (1) |
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245 | (1) |
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Has the wording in the Gold Book/Guidance Memorandum resolved issues? |
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245 | (2) |
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247 | (2) |
| Chapter 15 Emergency Arbitration And The Interplay With Other Pre-Arbitral Mechanisms |
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249 | (14) |
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249 | (1) |
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The development of emergency arbitration |
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250 | (1) |
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An overview of emergency arbitration procedures |
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251 | (2) |
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The legal nature and effects of emergency arbitration |
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253 | (3) |
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Emergency arbitration and other pre-arbitral relief |
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256 | (5) |
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257 | (3) |
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Contractually agreed negotiations, mediation, and cooling-off periods |
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260 | (1) |
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261 | (2) |
| Index |
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263 | |
Biežāk uzdotie jautājumi par e-grāmatām