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The book Default in International Arbitration - Striking the balance contains contributions that form the basis of the presentations held at the CEPANI Colloquium which took place in Brussels on 25 November 2022. The various contributions focus on all aspects of default in international arbitration. When one of the parties, especially the respondent (or one of them), is not participating in the entire proceedings (or part thereof), navigating between the sharp cliffs of due process and equality of arms can be difficult for an Arbitral Tribunal. This is even more so when international public policy is at stake. There are no one-size-fits-all answers, especially when default is merely part of a 'strategy' or tactic' in anticipation of annulment roceedings or at the enforcement stage. Sure, Arbitral Tribunals have ex officio powers to investigate. In some circumstances there is even a duty to investigate. But, do arbitrators have the duty to uphold the integrity of arbitration? What is the real scope of 'ficta confessio' in international arbitration? How blind or naive should we allow an Arbitral Tribunal to be? To what extent is an Arbitral Tribunal allowed to be street-smart, i.e. not to become the devil's advocate? These and many more pressing questions will be dealt with in this book on default in arbitration by its authors Niuscha Bassiri (Partner at Hanotiau & van den Berg, Brussels). Hakim Boularbah (Partner at Loyens & Loeff, Brussels), Ulrike Gantenberg (Partner at Gantenberg Dispute Experts, Düsseldorf), Anne K. Hoffmann (Partner at Hoffmann Arbitration, Dubai), Anaïs Mallien (Associate at Loyens & Loeff, Brussels). Christina Mangani (Supervising Associate at Simmons & Simmons, Paris), Lisa Reiser (Senior Associate at Baker McKenzie. Frankfurt), Catherine Schroeder (Partner at Schroeder Arbitration, Paris), Dirk De Meulemeester (Partner at De Meulemeester & De Brabandere, Brussels) and Benoit Kohl (President of CEPANI).

E-books --- Arbitration (International law) --- Arbitrage international --- CEPANI (Organization)

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The second edition of this book provides students, scholars, and practitioners of international law with easy access to the key primary sources in international dispute settlement, allowing users to focus on engaging with the primary material, rather than trying to source it.The text has been expanded and updated to reflect developments in this rapidly changing field. It includes dispute settlement provisions of treaties adopted since the first edition (such as the Paris Agreement on Climate Change and the WTO Multi-Party Interim Appeal Arbitration Agreement) and takes stock of changes affecting proceedings before investment tribunals, the European Court of Human Rights, and the International Court of Justice. A new subject index improves navigation.

Pacific settlement of international disputes --- Arbitration (International law) --- International commercial arbitration

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The first two decades of the twenty-first century witnessed a series of large-scale sovereign defaults and debt restructurings, in which sovereigns struggled to negotiate with recalcitrant bondholders, particularly hedge funds. Also, the outbreak of the COVID-19 pandemic in 2020 heralded a bleak financial outlook for many developing and emerging market countries, requiring sovereign debt restructuring in times of great macroeconomic uncertainty. Given the absence of a multilateral mechanism for sovereign debt restructuring equivalent to domestic corporate bankruptcy system, however, defaulted sovereigns often suffer from holdout litigation wrought by bondholders. This book proposes ways in which such legal actions could be regulated without the undue expense of bondholders' remedies by exploring the mechanism of balancing bondholder protection and respect for sovereign debt restructuring at various stages of litigation and arbitration proceedings.

Debts, Public --- Arbitration (International law) --- Law and legislation. --- Arbitration, International --- International arbitration --- International political arbitration --- Pacific settlement of international disputes --- International commissions of inquiry --- Jurisdiction (International law) --- Mediation, International --- Debts, External --- Default (Finance) --- Debt relief. --- Dispute resolution (Law)

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Multi-tier dispute resolution (MDR) entails an early attempt at mediation followed by arbitration or litigation if mediation is unsuccessful. Seemingly, everyone acknowledges MDR's attractiveness as a means of resolving disputes due to its combination of the flexibility and informality of mediation with the rigour and formality of arbitration or litigation. Yet, the question is why, except in China and some Asian jurisdictions, MDR is not resorted to around the world and MDR clauses in commercial contracts remain relatively uncommon. This book responds to that question by (1) surveying global regulatory approaches frameworks for MDR, (2) comparing MDR trends in Asia and the wider world, (3) identifying MDR's strengths and weaknesses, and (4) prescribing ways to address MDR's weaknesses (the enforceability of MDR clauses, the difficulties arising when the same person acts as mediator and decision-maker in the same dispute, and the enforcement of mediated settlement agreements resulting from MDR).

Dispute resolution (Law) --- International commercial arbitration. --- Arbitration (International law) --- Arbitration, International --- International arbitration --- International political arbitration --- Pacific settlement of international disputes --- International commissions of inquiry --- Jurisdiction (International law) --- Mediation, International --- Arbitration and award, International --- Commercial arbitration, International --- International arbitration and award --- International commercial arbitration --- Arbitration and award --- Conflict of laws --- ADR (Dispute resolution) --- Alternative dispute resolution --- Appropriate dispute resolution --- Collaborative law --- Conflict resolution --- Dispute processing --- Dispute settlement --- Justice, Administration of --- Mediation --- Neighborhood justice centers --- Third parties (Law) --- Law and legislation

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International Arbitration in England: Perspectives in Times of Change', authored by a diverse range of practitioners, is a unique book charting a detailed consideration of the challenges and opportunities for the future of international arbitration in England. Over the past few years, the case law, practice and legal environment in which international arbitration in England is practised have all evolved and adapted to a changing world and continue to do so.

International commercial arbitration --- Arbitration and award --- Arbitration and award, International --- Commercial arbitration, International --- International arbitration and award --- Conflict of laws --- Law and legislation