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Arbitrating for Peace: How Arbitration Made A Difference

Arbitrating for Peace: How Arbitration Made A Difference

Author: Ulf Franke; Annette Magnusson; Joel Dahlquist
Publisher: Kluwer Law International
ISBN: 9789041159540
Published In: October 2016
Format: Hardback
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

Arbitrating for Peace: How Arbitration Made a Differencefocuses on the geopolitical role played by international arbitration over the centuries. The book convincingly demonstrates how international arbitration has made a difference and contributed to peaceful resolution of conflicts. Although short of attaining the ideal of a ‘substitute for war’, arbitration has largely succeeded in peacefully resolving international disputes. Beyond that, arbitral commitments and arbitral processes have deepened civilized and cooperative international relations, promoted the development of international law and international institutions, and facilitated the well-being of mankind in important ways. Particulars of that proposition are set forth in this one-of-a-kind book.

What’s in this book:

With a chapter devoted to each of the twelve landmark international arbitration cases – primarily state-to-state but also including commercial disputes with geopolitical dimensions – this book shows how arbitration has resolved disputes in such circumstances as the following:

potential escalation of armed conflict;
investor-state relations;
maritime boundaries and fishing rights;
expropriation of foreign companies;
interpretation of bilateral investment treaties;
civil engineering projects;
mining rights;
acquisition of foreign territory;
environmental issues;
migrants’ access and protection; and
corruption of courts.

Each chapter is written by a practitioner and/or academic of high international standing. The project was initiated by the Stockholm Chamber of Commerce, which celebrates its centennial in 2017 coinciding with the publication of this book.

How this will help you:

International arbitration is treated either in niche publications, written in a legalese terminology and aimed at lawyers with a special interest, or in a very general way in popular publications. This book bridges this gap by placing arbitration in a wider historical context, thereby making the subject more accessible beyond the narrow circle of specialists without losing its legal relevance. By focusing on landmark cases, the book contributes to a continued dynamic development of dispute resolution in complicated or sensitive geopolitical contexts and demonstrates how arbitration has and can continue to play an important role for this purpose. Practitioners, political decision-makers and academics in any part of the world with an interest in international arbitration and international law or political history will find this book not only deeply informative but also immensely useful.

Editors

Contributors

Foreword

Preface

Chapter 1 A Brief and Selective History of International Arbitration

Stephen M. Schwebel

Chapter 2 The Alabama Claims Arbitration: Statecraft and Stagecraft

Jan Paulsson

Chapter 3 The Asser Arbitration

Sabine Konrad

Chapter 4 Arbitrating Russian Concession Contracts: The Lena Goldfields Case

Sergei Lebedev & Natalia G. Doronina