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Arbitrating for Peace: How Arbitration Made A Difference

Arbitrating for Peace: How Arbitration Made A Difference

  • Author:
  • Publisher: Kluwer Law International
  • ISBN: 9789041159540
  • Published In: October 2016
  • Format: Hardback
  • Jurisdiction: International ? Disclaimer:
    Countri(es) stated herein are used as reference only

List Price: HKD 1,770.00

HKD 1,716.90 Save HKD 53.10 (3%)

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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

    Chapter 5 The Trail Smelter Dispute

    Andrea J. Menaker

    Chapter 6 The Rann of Kutch Arbitration

    Robert G. Volterra

    Chapter 7 The Iran-United States Claims Tribunal: A Unique Example of Arbitrating for Peace

    Karl-Heinz Böckstiegel

    Chapter 8 The Legacy of the Aminoil Award

    Ahmed S. El-Kosheri

    Chapter 9 Arbitrating in Stockholm during the Cold War: The US Embassy in Moscow

    Kaj Hobér

    Chapter 10 Arbitrating for Peace in the Middle East: The Taba Award

    David W. Rivkin

    Chapter 11 The Rainbow Warrior Affair: Thirty Years After

    Anna Joubin-Bret

    Chapter 12 The Brcko Arbitration

    R. Jade Harry

    Chapter 13 Asian Agricultural Products Limited versus Sri Lanka: Twenty-five Years Later

    Meg Kinnear & Francisco Grob

    Chapter 14 RosUkrEnergo versus Naftogaz of Ukraine

    Johan Sidklev

    Chapter 15 The Abyei Arbitration: A Model for Peaceful Resolution of Disputes Involving Non-state Actors

    Wendy Miles

    Index

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