Arbitration as Balanced Administration of Justice

Essays in Honour of Piero Bernardini
Erscheinungsjahr 2024
ISBN: 978-90-04-69490-3
Verlag: Brill

Buch, Englisch, 502 Seiten, Format (B × H): 157 mm x 239 mm, Gewicht: 857 g

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.

Autoren/Hrsg.

Benedettelli, Massimo

Carlevaris, Andrea

Crivellaro, Antonio

Deli, Maria Beatrice

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Zivilprozess- und Schiedsverfahrensrecht
• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Privatrecht

Inhaltsverzeichnis

Essays in Honor of Piero Bernardini

Foreword by the Editors

A Colleague, a Friend

By Andrea Giardina

Notes on Contributors

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

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

2 Res Judicata as a Principle of International Law

John Beechey and Niccolò Landi

3 Roman Law Legacies for International Arbitration in the Third Millennium

Massimo V. Benedettelli

4 ICC Award of 5 June 1996 No. 7375: a Significant Recognition of the Role of the UNIDROIT Principles in International Arbitration

Michael Joachim Bonell

5 State Representation in International Arbitration: A Tale of Two Governments

Federico Alberto Cabona

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

Lucius Caflisch

7 The Arbitrator’s Duty of Freedom

Thomas Clay

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

Massimo Coccia

9 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

Giovanni Zarra

Index

Über Autor(innen)

Massimo Benedettelli was full professor of International Law at the Department of Law of the University Aldo Moro (Bari, Italy) until February 2023, and is now Fellow of Business Law and Director of the program on International Arbitration and Risk Management at SDA Bocconi, Milan. He is the Italian member of the ICC Court of Arbitration.

Andrea Carlevaris is the President of the Italian Association for Arbitration and a former Secretary General of the ICC International Court of Arbitration. He is the author of numerous publications on international law and international arbitration and a former member of the ICC International Court of Arbitration and of the Board of Directors of the SCC Arbitration Institute.

Antonio Crivellaro is a former Professor of international law and international trade law. He is the author of several publications on the law of international investments, contracts, and arbitration, and editor in chief of Diritto del Commercio Internazionale. He is a former Member of the ICSID List of Arbitrators for Italy.

Maria Beatrice Deli is Professor of International Law at Universitas Mercatorum (Rome, Italy). She is Secretary General of the Italian Association for Arbitration and Co-Director of the Certificate in International Commercial and Investment Arbitration.