Contemporary Problems in International Arbitration
The establishment of a School of International Arbitration was a sufficiently important occurrence to have brought to London, for its inaugural conference, most of the world's leading experts on international arbitration. The three-day Symposium on March
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Contemporary Problems in International Arbitration
edited by JULIAN D.M. LEW Head of the School of International Arbitration, Centre for Commercial Law Studies, Queen Mary College, University of London
1987 Springer-Science+Business Media, B.Y.
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Library of Congress Cataloging in PubUcation Data
ISBN 978-0-89838-926-5 ISBN 978-94-017-1156-2 (eBook) DOI 10.1007/978-94-017-1156-2
Book Information
This book was first published in 1986 in a hardcover edition by the Centre of Commercial Law Studies
Copyright
© 1987 Springer Science+Business Media Dordrecht
Originally published by Centre for Commercial Law Studies, Queen Mary College, University of London in 1987..
All rights reserved. No part of this publication may be reproduced. stored in a retrieval system. or transmitted in any form or by any means. mechanical. photocopying. recording. or otherwise. without the prior written permission of the publishers. Springer-Science+Business Media, B.V.
Contents Glossary of terms ix List of contributors xi Table of Cases xiii Table of Statutes xxv Table of Treaties and Conventions xxxii Draft Legislation xxxvi Rules xxxviii Resolutions xli Declaration xlii Draft Convention xliii EEC Secondary Legislation (Regulations) xliv Miscellaneous xlv Introduction Julian DM Lew I
Part 1 The School of International Arbitration 1 The birth of the School of International Arbitration 9 Pieter Sanders 2 The School of International Arbitration: aspirations and objects Roy Goode 3 International arbitration - teaching and research 16 Pierre Lalive
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Part 2 The jurisdiction and authority of arbitrators 4 ICSID arbitration 23 Georges R Delaume 5 States in the international arbitral process 40 Karl-Heinz B6ckstiegel 6 The sources and limits of the arbitrator's powers 50 Sigvard Jarvin 7 Determination of arbitrator's jurisdiction and the public policy limitations on that jurisdiction 73 Julian D M Lew 8 The sources and limits of the arbitrators' powers in England 86 Kenneth S Rokison 9 The law applicable to the merits of the dispute 101 Ole Lando 10 The applicable law: general principles oflaw - the lex mercatoria 113 Berthold Goldman II The law governing the agreement and procedure in international arbitration in England 126 Lawrence Collins
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Contemporary problems in international arbitration
Part 3 International arbitration procedure 12 The extent of independence of international arbitration from the law of the
situs 141
Jan Paulsson 13 The role of national law and the national courts in England 149 Stewart C Boyd QC 14 The role of the courts under the UNCITRAL model law script 164 Gerold Herrmann Annex: UNCITRAL model law on international commercial arbitration 176 15 Supplementary rules governing the presentation and reception of evidence in international commercial arbitration 188 David W Shenton 16 Judicial assistance for the arbitrator 195 J Martin H Hunter 17 The supervisory and adjunctive jurisdiction of American courts in arbitration cases 207 Joseph D Becker 18 The conduct of ICC arbitration proc
