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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

Author: Massimo Benedettelli; Andrea Carlevaris; Antonio Crivellaro; Maria Beatrice Deli
Publisher: Brill Nijhoff
ISBN: 9789004694903
Published In: July 2024
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 2,247.00

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Description
Contents

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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

The Proper Role of the Seat in International Commercial Arbitration: a Minimalist Perspective

Diego P. Fernández Arroyo and Luca G. Radicati di Brozolo

Res Judicata as a Principle of International Law

John Beechey and Niccolò Landi

Roman Law Legacies for International Arbitration in the Third Millennium

Massimo V. Benedettelli

ICC Award of 5 June 1996 No.

7375: a Significant Recognition of the Role of the UNIDROIT Principles in International Arbitration

Michael Joachim Bonell

State Representation in International Arbitration: A Tale of Two Governments

Federico Alberto Cabona

Sports Arbitration and the Guarantees of Article 6.1 of the European Convention on Human Rights: the Case of Mutu and Pechstein

Lucius Caflisch

The Arbitrator’s Duty of Freedom

Thomas Clay

The Applicable Law in Arbitration Proceedings at the Court of Arbitration for Sport

Massimo Coccia

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