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Although international arbitration is widely hailed as an efficient, confidential and flexible way of settling commercial disputes, it has its limits. The arbitral tribunal's lack of coercive power is thrown into particularly stark relief when it comes to the taking of evidence from third parties outside the arbitral proceedings. If they do not comply voluntarily with the request of the arbitral tribunal to testify as a witness or disclose documents, assistance must be sought from state courts. As the success of a case hinges on the evidence that a party can obtain, it is crucial to understand how to obtain evidence through state courts. At the heart of this work is the question of the conditions under which state courts may offer assistance in international arbitral proceedings. With a special focus on Switzerland and comparative aspects, this book provides helpful tactical insights for arbitral practitioners around the world.

Arbitration (International law) --- International law

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La présente publication est le deuxième volume du Recueil des arrêts, ordonnances et avis consultatifs de la Cour africaine des droits de l’homme et des peuples. Ce volume inclut les décisions rendues par la Cour africaine au cours de la période allant de 2017 à 2018. Ce volume contient tous les arrêts, auxquels sont jointes les opinions individuelles et dissidentes, ainsi que les avis consultatifs, décisions, ordonnances de procédure et ordonnances portant mesures provisoires rendus par la Cour au cours de la période considérée. Chaque affaire inclut un bref résumé de la décision, suivi des mots clés indiquant les paragraphes auxquels la Cour se prononce sur la question examinée. Un index de sujets figurant en début du recueil indique les affaires relatives à des questions juridiques particulières. L’index est divisé en sections consacrées aux principes généraux et à la procédure ainsi qu’aux questions de fond.

Arbitration (International law) --- International law. --- Permanent Court of International Justice.

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Investment arbitration has become the key forum to settle disputes between investors and the host state. It is not clear from the arbitration agreements which body of law the arbitrators should apply: national or international. This book examines how the legal framework which the arbitral panels operate in influences which body of law they apply.

Investments, Foreign (International law) --- Arbitration and award. --- International commercial arbitration. --- Investments, Foreign --- Law and legislation. --- Arbitration and award, International --- Commercial arbitration, International --- International arbitration and award --- International commercial arbitration --- Arbitration and award --- Conflict of laws --- Arbitral awards --- Awards and arbitration --- Commercial arbitration --- Civil procedure --- Commercial law --- Compromise (Law) --- International investment law --- Investment law, International --- International law --- Law and legislation

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The legitimacy of investor-State arbitration is a much-debated topic, with arbitrators’ independence and impartiality being one of the core concerns. In The Independence and Impartiality of ICSID Arbitrators , Maria Nicole Cleis explores how unbiased decision-making is ensured under the ICSID Convention. Juxtaposing existing disqualification decisions in the ICSID system against corresponding requirements in related dispute settlement systems, the book convincingly argues that the current approach to disqualification requests against ICSID arbitrators is too exacting in light of the high stakes of investor-State disputes. The author’s nuanced analysis of the status quo is followed by novel suggestions for reforms (including a proposal for ICSID-specific guidelines on conflict of interest), making the book a valuable source of ideas on constructive paths forward.

International Centre for Settlement of Investment Disputes. --- Arbitrators --- International commercial arbitration. --- Investments, Foreign --- Legal status, laws, etc. --- Law and legislation. --- Arbitration and award, International --- Commercial arbitration, International --- International arbitration and award --- International commercial arbitration --- Arbitration and award --- Conflict of laws --- Persons --- Law and legislation --- International arbitration

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This volume aims to provide a detailed explanation of the effects of cooperation and coordination on international multiparty mediation in conflicts. Contemporary scholarship stresses that the crucial ingredients for a successful multiparty mediation are ‘consistency in interests’ and ‘cooperation and coordination’ between mediators. This book seeks to supplement that understanding by investigating how much the ‘consistency of interests’ and ‘cooperation and coordination’ affect the overall process, and what happens to the mediation process when mediating parties do not share the same idea and interest in finding a common solution. At the same time, it explores the obstacles in achieving coordination and coherence between various mediators in such an environment and how to surmount the problems that multiple mediators face when operating without a ‘common script’ in attempting to mediate a negotiated settlement. The study investigates three distinct mechanisms (both on the systemic and contextual level) that have the potential to deter defection from a (potential) member of the multiparty mediation coalition: geo-political shifts, changes in the conflict dynamics, and mediators’ ability to bargain for a cooperative relationship. As the number of states and international actors that are involved in mediation increases, a careful assessment is necessary not only of their relative institutional strengths and weaknesses, but also of how to promote complementary efforts and how to synchronize the whole process when one actor is transferring the responsibilities for mediation to others. This book will be of much interest to students of mediation, conflict management, war and conflict studies, security studies and IR.

Mediation, International. --- Mediation, International --- Conflict management. --- Conflict management --- Conflict control --- Conflict resolution --- Dispute settlement --- Management of conflict --- Managing conflict --- Management --- Negotiation --- Problem solving --- Social conflict --- Crisis management --- Conciliation, International --- International conciliation --- International mediation --- Mediation --- Arbitration (International law) --- Law and legislation --- conflict --- international cooperation --- international coordination --- mulitparty mediation