Full Description
Exploring a range of legal, procedural, ethical, and strategic dimensions, this book provides a comprehensive survey of the unique challenges, issues, and opportunities surrounding international commercial arbitration involving sovereign entities. A team of international experts provide guidance on how to effectively manage these multi-faceted and high-profile disputes.
Key Features:
Analyzes umbrella clauses, parallel proceedings, and jurisdictional doctrines such as veil piercing and agency theories
Examines the historical and legal development of state sovereignty and international law, and the ever-present tension between the two
Explores pre-arbitration engagement with sovereigns, focusing on the dynamics of negotiation and mediation, and providing practical advocacy techniques
Addresses the process of enforcing and collecting arbitral awards, as well as performance issues in contracts with sovereigns, emphasizing the importance of early intervention in avoiding arbitration
Presents strategic advice for advisors to foreign sovereigns and private parties to resolve commercial disputes, and outlines procedural roadmaps for arbitration initiation, jurisdictional analysis, and enforcement mechanisms
International Commercial Arbitration with Sovereign States is an essential resource for lawyers, judges, arbitrators, and mediators involved in international disputes, as well as government and institutional legal advisors, and academics.
Contents
Contents
Foreword xxiii
Acknowledgments xxv
1 States, sovereignty, and international law 1
Yasmine Lahlou, Andreas Frischknecht, and Daniel Currea
2 Key features of arbitration and litigation in international commercial contracts involving
private parties and foreign States 79
Mark A. Cymrot, Mary Kate Wagner, and James J. East, Jr.
3 Conducting negotiations and/or mediation with the sovereign 159
Samaa Haridi and Elizabeth Wain
4 Specialised advocacy 211
Katia Finkel, Lennart Baijer, and Nick Catlin
5 Recognition and enforcement of arbitral awards in commercial disputes against
sovereigns 252
William O'Brien, Levon Golendukhin, and Iti Singh
6 Performance problems in contracts with sovereigns and resolving them while planning
for arbitration 323
John Lomas, Kate Johnston, and Ana Rocio Monzón Woc
7 When ethics meet international arbitration 351
Julien Fouret
8 Key takeaways for States in preventing and managing international disputes 387
Josefa Sicard-Mirabal
