World Arbitration Reporter (WAR), 2nd Edition

Author: Loukas Mistelis; Laurence Shore
Publisher: Juris Publishing
ISBN: 9781933833460
Published In: April 2010
Format: Paperback , 4906 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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THE WORLD ARBITRATION REPORTER – ALL NEW SECOND EDITION!

The Definitive Encyclopedia and Comprehensive Reference Work of International Arbitration Law and Practice!

WAR provides you with:

• Detailed Commentary and Analysis on Legislation from More than 100 Countries
• The Rules of Procedure of More than 100 International and National Arbitral Institutions and theLeading International Arbitration Treaties and Agreements
• Commentary and Analysis by More than 100 Internationally Renowned Experts from leading Law Firms, Arbitration Institutions and Universities all around the World on arbitration law and practice, Major International Treaties and the Rules and Practice of Major Domestic and International Institutions

Simply put, WAR is the definitive comprehensive encyclopedia and reference work of international arbitration law and practice. As Arbitration International, the Journal of the London Court of International Arbitration (LCIA), had this to say about the initial launch of the first two volumes of the original World Arbitration Reporter:

"The two volumes are exceptionally well edited and provide an impressive range of coverage. If the . . . [other] volumes are in content, editorship and production as good as the two here reviewed, the global series of volumes will prove a most remarkable achievement and a priceless contribution."
-Arbitration International, (1989 Volume 5 Issue 3) pp. 275 - 276

The World Arbitration Reporter, Second Edition is even bigger and better!

About the World Arbitration Reporter:

This respected treatise provides unparalleled guidance to one of today's most complex and diverse areas of legal practice, international arbitration. Extensively revised and updated by leading authorities in the field, the World Arbitration Reporter (WAR) is the only integrated reference work containing detailed commentary and analysis on national legislation from more than 100 countries as well as information on the rules of procedure of more than 100 international and national arbitral institutions and the leading international arbitration treaties and agreements. This second edition brings together the work of more than 100 internationally renowned experts who have prepared thousands of pages of commentary and analysis, consisting of either reports of national law and practice, or reports on the rules and practice of major domestic and international institutions and concise analyses of major international treaties. The reports are authoritative but accessible, up-to-date and comprehensive. A must for practitioners and scholars alike, WAR is a necessary and required work for every party that has an interest in international arbitration.

This second edition of WAR is under the general editorship of Professor Loukas Mistelis, the Clive M Schmitthoff Professor of Transnational Commercial Law and Arbitration at Queen Mary, University of London, and Laurence Shore, a dual U.S./U.K. qualified Partner in the New York office of Gibson, Dunn & Crutcher and Co-Chair of the firm's International Arbitration Practice Group. In addition, there are two specialist editors, Stavros Brekoulakis who is responsible for arbitration institutions and Monique Sasson who is responsible for international treaties. The team is assisted by a team of researchers and editors at the School of International Arbitration at Queen Mary University of London. Contributors are drawn from major law firms, arbitration institutions and universities from all over the world.

WAR – Second Edition is divided into the following sections comprehensive sections on:

About the Contents of the World Arbitration Reporter:

• National Arbitration Country Reports – Volume 1 and 1A and CD-ROM
Almost every country now has domestic arbitration laws. Even if a nation is a signatory to an international convention, domestic law affects the conduct of arbitration within that country and, to a lesser extent, the enforceability of a foreign award. This is the only resource to provide and compile the full text of laws (on CD-ROM) from more than 100 countries and to also include such an extensive array of commentary and analysis (currently over 2, 000 pages!) on arbitration law and practice from around the world. The

• National Arbitration Institutions – Volume 2
As national arbitration institutions have proliferated and grown, they are more and more frequently being named in international agreements. This section covers the full text of each institution’s rules and provides extensive commentary and analysis on each institution and its rules in practice.

• International Arbitration Institutions – Volume 3
International arbitration institutions have led the way in rulemaking for international commercial arbitration. The institutional rules and commentary compiled in this easy-to-use reference are those promulgated by the institutions most often named in international agreements. This is the only resource to compile such an extensive array of commentary and analysis along with the full text of each set of rules.

• International Arbitration Treaties, Bilateral and Regional Agreements – Volume 4
Treaties protect the integrity of international arbitration by ensuring that signatory countries can depend on recognition, confirmation, execution and enforcement of foreign arbitral awards. A country’s ability to do business with the international investment community may well depend on whether they have acceded to a particular convention. This section provides the full text of the major treaties (including bilateral and regional agreements) used in practice along with extensive commentary and analysis by leading authorities.

VOLUME 1
National Reports

Foreword
About the Contributors
About the Editors

Albania
Mirela P. Bogdani and Flutura Kola Tafaj

Angola
Agostinho Pereira de Miranda and Cláudia Leonardo

Australia
Alex Baykitch

Austria
Stefan Riegler and Christian Koller

Azerbaijan
Sona Taghiyeva and Kamil Valiyev

Belarus
Anischenko Alexey

Belgium
Ank Santens and Olivier Van Outryve

Bulgaria
Angel Ganev

Croatia
Alan Uzelac

Czech Republic
Alexander Bĕlohlávek

Egypt
Mohamed Abdel Raouf

El Salvador
Ricardo Cevallos

England and Wales
Guy Pendell

VOLUME 1A
National Reports

Fiji
Nicholas Barnes and Rajnil Krishna

Finland
Tanja Jussila and Laura Koponen

Germany
Stephan Wilske and Lars Markert

Greece
Ioannis Vassardanis

Guatemala
Luis Fernando Bermejo Quiñónez

Hungary
Andrea Vincze

Iceland
Gardar V. Gunnarsson

Indonesia
Karen Mills and Priyanka Tobing

Iran
Jamal Seifi and Shahbiz Shafe

Ireland
John P. Gaffney

Israel
Daphna Kapeliuk

Jamaica
Christopher Malcolm

Japan
Masafumi Kodama

Korea, Republic of
John Rhie

Kyrgyzstan
Nurzhan Albanov and Aizhan Albanova

Lao PDR
Danyel Thomson, Lasonexay Chanthavong and Brennan Coleman

Latvia
Gaļina Žukova and Inga Kačevska

Malaysia
Tan Sri Cecil Abraham and Thayananthan Baskaran

Mexico
Reynaldo Urtiaga

Mongolia
S. Demberel

Mozambique
Agostinho Pereira de Miranda and Catarina Carvalho Cunha

New Zealand
Daniel Kalderimis

Norway
Anders Ryssdal, Kristian S. Myrbakk and June Snemyr

Oman
Abdullah M. Alsaidi

Paraguay
José Antonio Moreno Rodríguez

Peru
Eduardo Barboza

Portugal
Agostinho Pereira de Miranda and Tânia Cascais

VOLUME 1B
National Reports

Romania
Crina Baltag

Russian Federation
Ivan Marisin and Roman Khodykin

Saudi Arabia
Torki A. Alshubaiki

Senegal
Aboubacvar Fall and Amadou Dieng

Serbia
Vladimir Pavić

Singapore
Nicholas Song

Slovakia
Petra Hollá

Slovenia
Aleš Galič

South Africa
Pierre Burger

Spain
Pilar Perales Viscasillas

Switzerland
Philippe Bärtsch and Dorothee Schramm

Thailand
Thawatchai Suvanpanich

Tunisia
Sami Houerbi

Turkey
Ali Yeşilırmak

Uganda
Phillip Bliss Aliker

Ukraine
Viktoria Afanasieva, Olexander Martinenko, Yaroslav Petrov
and Oleksandr Gudko

United States
David Lindsey

Uruguay
Federico Florin, Lawyer, Santiago Gatica, Juan Manuel Rey and Andrea Rupenian

Vietnam
Nguyen Manh Dzung and Nguyen Thi Thu Trang

VOLUME 2
National Arbitration Institutions

Australian Centre for International Commercial Arbitration (ACICA)
Doug Jones and Björn Gehle

Chamber of Arbitration of Milan (CAM)
Stefano Azzali

The Foreign Trade Court of Arbitration at the Serbian Chamber of
Commerce (SERBIA FTCA)
Milena Djordjevic

Indian Council of Arbitration (ICA)
Harsh Pati Singhania

International Commercial Arbitration Court (ICAC) and Maritime
Arbitration Commission (MAC) at the Russian Federation Chamber
of Commerce and Industry
Roman Khodykin

Japan Commercial Arbitration Association (JCAA)
Tatsuya Nakamura

Korean Commercial Arbitration Board (KCAB)
John Rhie

London Maritime Arbitrators’ Association (LMAA)
Jonathan Lux and Reema Shour

The Netherlands Arbitration Institute (NAI)
Bommel van der Bend and Rogier Schellaars

Regional Centre for International Commercial Arbitration, Lagos
(LAGOS RCICA)
Emilia Onyema

Ukrainian Chamber of Commerce & Industry, International
Commercial Arbitration Court (ICACU) and Maritime Arbitration
Commission (MACU)
Sergiy Gryshko

VOLUME 3
International Arbitration Institutions

Beijing Arbitration Commission (BAC)
Fuyong Chen

Cairo Regional Centre for International Commercial Arbitration
(CRCICA)
Laila El Shentenawi

China International Economic and Trade Arbitration Commission
(CIETAC)
Michael J. Moser and Desmond Ang

Dubai International Arbitration Centre (DIAC)
J. Martin Hunter

Hong Kong International Arbitration Centre (HKIAC)
Michael J. Moser and Desmond Ang

ICC International Court of Arbitration
Jason A. Fry

London Court of International Arbitration (LCIA)
Remy Gerbay

Permanent Court of Arbitration (PCA)
Brooks Daly

Singapore International Arbitration Centre (SIAC)
Lawrence Boo

The Arbitration Institute of the Stockholm Chamber of Commerce
(SCC)
Marie Öhrström

Swiss Chambers’ Court of Arbitration and Mediation
(Swiss Chambers)
Anne Véronique Schlaepfer and Philippe Bärtsch

UNCITRAL Arbitration Rules (UNCITRAL)
James E. Castello

WIPO Arbitration and Mediation Center (WIPO Center)
Ignacio de Castro and Sarah Theurich

VOLUME 4
Treaties and Bilateral and Regional Agreements

The European Convention on International Commercial Arbitration
(1961) (European ICA)
Maria Beatrice Deli

Association of Southeast Asian Nations (1967-2004) (ASEAN)
Dr. Colin Ong

The Algiers Accords and the Iran-United states Claims Tribunal
(1981) (ALGIERS)
Loretta Malintoppi

The Arab (Amman) Convention on Commercial Arbitration (1987)
Jalal El Ahdab

NAFTA Chapter 11 (1992) (NAFTA)
Claudia Frutos-Peterson

New York Convention (NYC)
Domenico Di Pietro

The Energy Charter Treaty (1994) (ECT)
Norah Gallagher

WTO Dispute Settlement Understanding (1994) (WTO DSU)
Joanna Gomula

U.S. Model Bilateral Investment Treaty (2004) (US BIT)
Andrea J. Menaker & Nicole Thornton

German Model Bilateral Investment Treaties (2005 and 2008)
Sabine Konrad

CD-ROM
National Arbitration Laws

AUSTRALIA
1. International Arbitration Act 1974, Act No. 136 of 1974, as amended
2. Convention on the Settlement of Investment Disputes between States and Nationals of
Other States

AUSTRIA
Austrian Arbitration Act

AZERBAIJAN
Law of the Azerbaijan Republic on International Arbitration

BULGARIA
Law on International Commercial Arbitration

CROATIA
Law on Arbitration

CZECH REPUBLIC
1. Act No. 2/1993 on the Promulgation of the Charter of Fundamental Rights and
Freedoms
2. Act No.216/1994 Coll. on Arbitral Proceedings and On Execution of Arbitral Awards
(November 1, 1994) as amended by Act No. 245/2006 Coll. and Act No. 296/2007 Coll.
and Act No. 7/2009 Coll.
3. Act No. 99/1963 Coll., Rules of Civil Procedure, as amended
4. Act No. 120/2001 Coll. on the Rules of Execution Procedure, as amended
5. Act No. 97/1963 Coll., On International Civil and Procedural Law
6. Act No. 40/1964 Coll. Civil Code, as amended
7. Act No. 182/2006 Coll., Act on Insolvency, as amended

EGYPT
Law No. 27/1994 Promulgating the Law Concerning Arbitration in Civil and Commercial
Matters

ENGLAND AND WALES
Arbitration Act 1996

GERMANY
German Arbitration Act

GUATEMALA
Ley de Arbitraje/Arbitration Law--Decree 67-95 of Congress

HUNGARY
Act LXXI of 1994 on Arbitration

ICELAND
Act No. 53/1989, on Contractual Arbitration

IRELAND
1. Arbitration Act, 1954
2. Arbitration Act, 1980
3. Arbitration (International Commercial) Act 1998

ISRAEL
Israel Arbitration Act 1968

JAPAN
Arbitration Law--(Law No. 138 of 2003)

KOREA, REPUBLIC OF
Arbitration Act Wholly Amended by: Act No. 6083, Dec. 31, 1999
Amended by Act No. 6465, Apr.7, 2001 Act No. 6626, Jan. 26, 2002

KRYGYZSTAN
The Law “On Arbitration Courts in the Kyrgyz Republic” dated 30 July 2002 No. 135

LATVIA
The Law of the Republic of Latvia--Civil Procedure Law

MEXICO
Mexican Commercial Code--Title Four: Commercial Arbitration

NEW ZELAND
Arbitration Act 1996

PARAGUAY
Ley de Arbitraje y Mediación (No. 1879/2002) (Law No. 1879/02 on Arbitration and
Mediation)

ROMANIA
1. Book IV. Romanian Civil Procedure Code, Articles 340-370.on Arbitration (as amended
in 1993)
2. Law No. 105 of 22 September 1992 on the Settlement of Private International Law
Relations

RUSSIAN FEDERATION
1. Law of the Russian Federation on International Commercial Arbitration No. 5338-1
of 7 July 1993
2. Arbitrazh Procedure code of the Russian Federation No. 95-FZ of 24 July 2002
3. Civil Procedure Code of the Russian Federation No. 138-FZ of 14 November 2002

SAUDI ARABIA
1. Arbitration Regulations of Saudi Arabia
2. Rules of the Implementation of the Saudi Arabian Arbitration Regulation

SERBIA
Arbitration Act, June 10, 2006

SINGAPORE
International Arbitration Act Chapter 143A (2002 Ed)

SLOVENIA
Arbitration Act, 2008

SPAIN
Law No. 60/2003 of December 23 on Arbitration

SWITZERLAND
Chapter 12 of the Swiss Private International Law Act (‘PILA’)

THAILAND
The Thai Arbitration Act, B.E. 2545 (2002)

TURKEY
International Arbitration Law 2001

UGANDA
1. The Arbitration and Conciliation Act
2. First Schedule: The Arbitration Rules
3. Second Schedule: Forms

UKRAINE
1. ACT OF UKRAINE on International Commercial Arbitration
2. Annex No. 1 to the International Commercial Arbitration Act of 24 February 1994:
Regulation on International Commercial Arbitration Court at the Chamber of Trade and
Commerce of Ukraine
3. Annex No. 2: Regulation on the Maritime Arbitration Commission at theChamber of
Trade and Commerce of Ukraine

About the Editors of the World Arbitration Reporter:

Loukas Mistelis is the Clive M Schmitthoff Professor of Transnational Commercial Law and Arbitration at Queen Mary, University of London. He is a member of the Centre for Commercial Law Studies at where he is Director of the School of International Arbitration. He maintains a selective arbitration and consulting practice in respect of international commercial and investment disputes, secured transactions and complex contractual matters, including e-commerce and technology matters. He has also participated in a number of experts groups, including for the UK Department of Trade and Industry, the International Chamber of Commerce (ICC), UNCITRAL and UNCTAD. He has been a Visiting Professor at Columbia University School of Law, Keio University in Tokyo and teaches at the NYU in London program.

Laurence Shore is a dual U.S./U.K. qualified Partner in the New York office of Herbert Smith Freehills. He is part of the International Arbitration Practice Group. Mr. Shore's practice focuses on international arbitration. He has been the lead advocate in a large number of arbitration cases under, for example, the ICC, LCIA, AAA, UNCITRAL and Swiss Rules. He also has sat as an arbitrator in cases under the ICC, Cairo Regional Centre, and LCIA Rules. In addition to his work as an arbitration practitioner, Mr. Shore has tried cases in the United States courts and in England's High Court.

Specialist Editiors:

Dr. Stavros Brekoulakis is an academic who works and advises on dispute resolution matters. His legal expertise focuses on arbitration in the context of international business transactions, affecting construction projects, shipping and insurance contracts, international trade, investments, trading agreements with developing countries, Eastern Europe and EC law. He lectures on courses of International Comparative and Commercial Arbitration, International Construction Contracts and Arbitration, International Commercial Litigation and Conflict of Laws at Queen Mary University of London. His academic work includes monographs and articles in leading legal journals. He has a LL.M degree on Dispute Resolution from King’s College University, London and a Ph.D. degree in International Arbitration from Queen Mary University, London.

Monique Sasson holds a Ph.D. in public international law from the University of Cambridge (2009). She began her doctoral studies after working at Chiomenti Studio Legale in Rome (1995-2000) and then at Herbert Smith LLP (2000-2005) in London. At both Chiomenti and Herbert Smith, Dr. Sasson’s practise focused on cross-border disputes and, in particular, international commercial arbitration (e.g., ICC, UNCITRAL, and LCIA cases) and investment treaty arbitration (ICSID and UNCITRAL). She also has worked on major international criminal litigation matters. Dr. Sasson qualified as an Italian avvocato and as an English solicitor, and is fluent in Italian (native) and English. She is a speaker at international arbitration conferences and is the author of a number of journal articles on international arbitration topics.

Contributors include:

Phillip Bliss Aliker, London

Dr Torki A. Alshubaiki, Saudi Arabia

Stefano Azzali, Milan

Crina Mihaela Baltag, FGV School of Law, Rio de Janeiro

Philippe Bärtsch, Schellenberg Wittmer

Alex Baykitch, Holman Fenwick Elliott

Prof Alexander Belohlávek, Prague

Luis Fernando Bermejo Quiñónez, Guatemala

Prof Lawrence Boo, Singapore

Ignacio de Castro, WIPO

Maria Beatrice Deli, Rome

Domenico Di Pietro, Chiomenti, Rome

Dr Jalal El Ahdab, Orrick, Paris

Laila El Shentenawi, CRCICA, Cairo, Egypt

Claudia Frutos-Peterson, American University, Washington College of Law

Jason Fry, ICC International Court of Arbitration

Gardar V. Gunnarsson, Reykjavik, Iceland

John P Gaffney, Cork, Ireland

Norah Gallagher, School of International Arbitration

Björn Gehle

Dr Joanna Gomula, Cambridge

Sergiy Gryshko, CMS Cameron McKenna, Kyiv, Ukraine

Oleksandr Gudko, Kyiv, Ukraine

Prof Martin Hunter, Nottingham Law School

Doug Jones

Dr Inga Kačevska, Riga, Latvia

Daniel Kalderimis, ChapmanTripp, Wellington

Dr Roman Khodykin, Clifford Chance, Moscow

Masafumi Kodama, Osaka, Japan

Dr Christian Koller, University of Vienna

Dr. Sabine Konrad, K L Gates, Paris

Ivan Marisin, Moscow

Lars Markert, Gleiss Lutz, Stuttgart

Olexander Martinenko, Kyiv, Ukraine

Andrea J. Menaker, White & Case

José Antonio Moreno Rodríguez, Paraguay

Michael J. Moser, Hong Kong

Prof Tatsuya Nakamura, JCAA, Tokyo

Marie Öhrström, Settlerwells, Stockholm

Dr Colin Ong, Brunei

Guy Pendell, CMS Cameron McKenna, London

Prof Pilar Perales Viscasillas, Universidad La Rioja and Baker McKenzie, Madrid

Yaroslav Petrov, Kyiv, Ukraine

Mohamed Abdel Raouf, Cairo

John Rhie

Dr Stefan Riegler, Baker McKenzie, Vienna

Lukasz Rozdeiczer, Clifford Chance, Warsaw

Rogier Schellaars

Anne Véronique Schlaepfer, Schellenberg Wittmer

Nicholas Song, Vinson Elkins, Beijing

Prof Thawatchai Suvanpanich, Thammasat University, Bangkok

Sarah Theurich, WIPO

Nicole Thornton, White & Case

Reynaldo Urtiaga, Mexico

Prof Alan Uzelac, Zagreb

Bommel van der Bend

Prof Van Vechten Veeder QC, Essex Court Chambers

Dr Andrea Vincze, Budapest

Dr Stephan Wilske, Gleiss Lutz, Stuttgart

Dr Gaļina Žukova, Riga, Latvia and ICC Court of Arbitration, Paris

"The international arbitral arena has a comprehensiveness, complexity and dynamism which is all too difficult to monitor. The World Arbitration Reporter (WAR) is a bold and imaginative attempt to solve the prevailing difficulty by providing a single source coverage. WAR is indeed a useful source of information. It is an integrated reference work containing commentary and analysis on national legislation from more than 100 countries as well as information on the rules of procedure of more than 100 international and national arbitral institutions and on the leading international arbitration treaties and agreements. It includes both judicial decisions and arbitral awards, as well as bibliographies. ...WAR provides an excellent first overview of a great number of jurisdictions and institutions. ...WAR is a valuable addition to arbitration practitioners' libraries."

- ASA Bulletin 3/2011 (September), Review by Matthias Scherer

"With the second edition of World Arbitration Reporter, Loukas Mistelis and Laurence Shore have brought to arbitration users, practitioners and scholars a true encyclopedia of arbitration law and practice. More than 100 contributors have come together to produce this five-volume, loose-leaf resource that will be updated over time to cover more institutions, laws and practices, both national and international. The editors have assembled an impressive set of contributions reporting not only on the major institutions, but also on a wide range of arbitration courts and chambers of commerce that are not in the forefront of the practice and yet whose docket and importance is certainly growing by the day.

The extensive geographical coverage of this publication certainly reflects the state of arbitration today. Arbitration has become a truly global and mainstream method of dispute settlement for countless users across the world, as evidenced by the proliferation of arbitral centres worldwide and the manifold increase of arbitral institutions' caseloads. In light of this dimension of a global and proliferating arbitration practice, the World Arbitration Reporter with its comprehensive approach will serve as an important reference to arbitration users."

-Emmanuel Gaillard, Head of the International Arbitration Group, Shearman & Sterling, Paris