Title: The SWISS INTERNATIONAL ARBITRATION LAW REPORTS, Vol. 1, Nos. 1 & 2

General Editors: Paolo Michele PATOCCHI, Matthias SCHERER
Publication Year: September 2008
ISSN: 1942-7581
Price: $168

About the General Editors*:  

The Swiss International Arbitration Law Report is edited by two well-known Swiss practitioners, both of whom are engaged full-time in international arbitration as counsel and arbitrators, and have published widely on issues of international law and arbitration.

Paolo Michele Patocchi, a Partner with Lenz & Staehelin, was a lecturer at the University of Geneva for over 15 years, and was also the first Chairman of the National Arbitration Committee as welll as the Special Committee of the Swiss Chambers' of Commerce (administering arbitrations under the Swiss Rules of International Arbitration). He is currently a member of the Arbitral Council of the Chamber of National and International Arbitration of Milan.

Matthias Scherer, a Partner with Lalive, is a member of the Arbitration Committee of the Swiss Chambers' of Commerce and of the Geneva Chamber of Commerce and Industry, associate member of the ICC Institute, Officer of the IBA Arbitration Committee and serves as Co-Editor of the Swiss Arbitration Association Bulletin (ASA Bulletin). He regularly represents parties before the Swiss Federal Supreme Court.

Details about the book is also available at:

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Title: Arbitration, Conciliation and Mediation
Author: Anoop V Mohta, V A Mohta
Publisher: Manupatra
ISBN: 978-81-89542-28-3
Edition: 2nd Edition
Language: English
Price: Rs. 2750
 
Abstract*:  

This thoroughly revised and enlarged edition is the first-ever comprehensive commentary of the three diverse but related areas of Arbitration, Conciliation and Mediation. The much-acclaimed First Edition had already been quoted as an authoritative treatise by the Law Commission and the eminent jurists in India as well as abroad. Law Commission had indeed accepted suggestion of the Author for amending law on the State Immunity in the context act a jure gestations. Authored by the two renowned Jurists, this Second Edition of the commentary covers the burgeoning cases on arbitration in India, along with the relevant legislative enactments, regulatory decisions and a plethora of international Acts and Rules. Independent chapter on Mediation deals exhaustively with its varied aspects in as many as 22 headings.

The book provides a thorough analysis and correct legal updates and assessments from across the world. The Authors cover all the relevant avenues of research and practice to exhaustively cover in a very detailed way, the Arbitration and Conciliation Act of 1996 and its detailed comparison with the English Arbitration Act, 1996 and UNCITRAL Model Law. By virtue of their expertise in arbitration, the Authors have been able to provide apposite critical analysis of the landmark judgments of the Supreme Court as well as High Courts and explain the fallacy wherever required.

In addition to providing a wealth of information in a highly accessible manner, the book has about one hundred and fifty extensively researched and updated Acts and Rules in the Appendices. These cover a large spectrum of laws on arbitration, conciliation and mediation such as Appointment of Arbitrators, Arbitration Schemes of Supreme Court and various High Courts, rules framed under the Arbitration Act by various High Courts, State Acts & Rules on Arbitration Tribunals, relevant extracts of important and related legislations, UNCITRAL Arbitration and Conciliation Rules, and various international conventions.

This book is an indispensable reference work for arbitrators, party representatives, lawyers, judges and everyone involved with any alternative dispute settlement mechanism.

Details about the book is also available at
http://www.manulawbooks.in/PubBookStore/HomePage/ViewBookDetails.aspx?bookid=708

 
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Title: Claims of Dual Nationals and the Development of Customary International Law
Issues Before the Iran-United States Claims Tribunal
Author: Mohsen Aghahosseini
Publication Year: 2007
ISBN-13 (i): 978 90 04 156982
ISBN-10: 9004 156984
ISSN: 0924-5332
Price: € 100.00 / US$ 149.00
 
Abstract*:  

The law governing the international claims of dual nationals relates to, and is influenced by, the wider subject of the individual’s standing at the international level. But while the latter had, as a result of modern trends in human rights, hugely improved as from the middle of the last century, no occasion to test its impact on such claims had arisen prior to the 1980s, when the Iran-United States Claims Tribunal - justifiably described as the most influential arbitral institution in the history of international adjudication - first became involved with the issue.

The significance of the Tribunal’s jurisprudence on the subject is not, however, limited to the judicial support it gives to the international rights of the individual. Having made its basic findings of law on the subject, the Tribunal has proceeded to apply them, for some twenty years, to a host of Cases of widely different characters. The result is a wealth of material - comprehensively reviewed in this book for the first time - which is likely to be of some benefit to those interested in this area of international law.

Details about the book is also available at
http://www.brill.nl/default.aspx?partid=18&pid=27736

Title: Principles of International Investment Law
By Rudolf Dolzer and Christoph Schreuer
Oxford University Press
28 May 2008

This book outlines the principles behind the international law of foreign investment. The main focus is on the law governed by bilateral and multilateral investment treaties. The book traces the purpose, context and evolution of the clauses and provisions characteristic of contemporary investment treaties, and analyses the case law interpreting the issues raised by standard clauses. Particular consideration is given to broad treaty-rules whose understanding in practice has mainly been shaped by their interpretation and application by international tribunals. In addition, the book introduces the dispute settlement mechanisms for enforcing investment law, outlining the operation of State vs. State and Investor vs. State arbitration. For more information visit
http://www.amazon.com/Principles-International-Investment-Foundations-Public/
dp/0199211760/ref=sr_1_8?ie=UTF8&s=books&qid=1202401901&sr=1-8

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Investor-State Dispute Settlement and Impact on Investment Rulemaking (Unctad Series on International Investment Policies for Development)
by United Nations Conference on Trade & Development (Author), Roberto Echandi (Author) (United Nations Pubns, 28 February 2008)

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Arbitration Law Reports and Review 2002
by Stewart Shackleton
Oxford University Press
28 April 2008

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Western and Chinese Arbitration: The Arbitral Chain
by Arthur Gemmell
University Press of America
28 April 2008
to order visit http://www.amazon.com/Western-Chinese-Arbitration-Arbitral-Chain/dp/
0761840060/ref=sr_1_13?ie=UTF8&s=books&qid=1204909823&sr=1-13

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by Günther J. Horvath, Christian W. Konrad, and Jenny W.T. Power, eds., Linde Verlag Wien 2008

With the enlargement of the European Union, international business is faced with a diverse scope of cultures, languages, business climates and legal systems. Hence, international arbitration is becoming the dispute resolution mechanism of choice. Like any economic decision, the proper planning of dispute resolution depends largely on the costs involved. This publication serves as a comprehensive handbook as to how costs in international arbitration are considered in the CEE and SEE regions, and an up-to-date reference of the relevant statutes and leading institutional rules in these regions. This handbook is intended for legal practitioners and academics representing businesses or working in the CEE/SEE region.

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The Rhine Chlorides Arbitration Concerning the Auditing of Accounts
(Netherlands-France): Award of 2004 (Permanent Court of Arbitration Award series, Asser Press; 1 edition, 2 June 2008)

The Rhine Chlorides Arbitration (2004), one of the few international watercourse arbitrations conducted, decided the dispute between the Netherlands and France concerning the auditing of accounts relating to the reduction of chloride discharges into the Rhine. France was obliged to undertake certain measures under the Additional Protocol of 1991 to the 1976 Convention on the Protection of the Rhine against Pollution by Chlorides, with the costs shared between four of the five state parties (the Netherlands, Switzerland, Luxembourg and Germany) according to a specific formula. The Arbitral Tribunal was required to interpret and implement this formula and determine the methodology of calculation to be used in the final auditing of financial contributions paid in advance by the Netherlands to France.

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* The abstract has been provied by the publisher. It does not necessarily express the views of TRAC.

Articles:

5th Cir. Applies NY Convention to Avert Collateral Attack (by the American Arbitration Association, Dispute Resolution Journal, February-April 2008)

The 5th Circuit's award clarifies for international arbitration practitioner the proper venue for setting aside a foreign arbitral award under the New York Convention.

The International arbitrator's Point of View (by Laurence Shore, Practicing Law Institute, March 2008)

The article discusses whether an arbitrator "can" or "should" be interviewed and the boundaries for the topics to be covered in the interview.

Indirect Claims under the ICSID Convention (by Gabriel Bottini, University of Pennsylvania Journal of International Law, Spring 2008)

The article discusses the admissibility of indirect claims under the ICSID Convention and analyzes ICSID Tribunals' jurisprudence as to their competence and as to ICSID's jurisdiction over indirect claims.

Meeting Expectations: Assessing the Long-Term Legitimacy and Stability of International Investment Law (by Christopher Ryan, University of Pennsylvania Journal of International Law, Spring 2008)

The system of international investment law is now experiencing challenges that questions its ability to meet the expectation of its constituents in a sustainable and predictable manner. The article examines the challenges to the development of international investment law.