Product Line | Kluwer Law International |
|---|---|
ISBN-13 | 9789403549064 |
Availability | Ships in 5-7 Business Days |
Last Updated | 2023-04-27 |
About this book:
Achieving the Arbitration Dream is a compendium of high-quality contributions providing valuable perspectives and extensive analyses by preeminent arbitration professionals and scholars on a wide range of cutting-edge topics in the field of law, of which Julian Lew is a leader, and in which he remains an outstanding arbitrator and teacher. This exceptional book is a celebration of the multi-faceted legacy of a key figure in the evolution of international arbitration.
What’s in this book:
Lew’s profound influence on the understanding of arbitration as an autonomous and international field of practice has inspired more than forty eminent contributors to address the main trends shaping the ever-evolving arbitration system. The chapters furnish insightful commentary on various topics compiled under the following headings:
How this will help you:
In a field that has become increasingly busy in terms of events and publications, the significant number of contributors to this volume is a testament to the immense respect that Julian Lew enjoys among his peers. With perspectives from diverse backgrounds, the authors elucidate international arbitration’s emerging and future challenges, tremendously benefiting the work of both practitioners and academics in the field.
Editors
Contributors
Introduction
Stavros Brekoulakis, Romesh Weeramantry & Lilit Nagapetyan
PART I Scholarly Contributions in Honour of Julian Lew
A Arbitration and Dispute Resolution Generally
CHAPTER 1 Autonomous Arbitration: Were We Dreaming?
Noah Rubins KC
CHAPTER 2 Stateless Law as a Psycho-Social Phenomenon: A Short Contribution to International Arbitration Theory
Rémy Gerbay, Viraj Bhide & Mohamed Mahayni
CHAPTER 3 The Role of Arbitral Institutions in Driving Change in Arbitral Practice
Paula Hodges KC & Justin D’Agostino MH
CHAPTER 4 Reflections on the 25th Anniversary of the Arbitration Act 1996
John Uff CBE KC
CHAPTER 5 Arbitration in Changing Times
Norah Gallagher
CHAPTER 6 The Cultural Factor in International Arbitration
Alfonso Gómez-Acebo
CHAPTER 7 Changing Dynamics of the Hearing Room
John Beechey & Niccolo Landi
CHAPTER 8 The Concept of Transnational Public Policy in International Commercial Arbitration
Domenico Di Pietro
CHAPTER 9
Integrity in International Arbitration and among International Arbitrators
Catherine A. Rogers
CHAPTER 10 The International Operation of Civil Legislation in Common Law
Stuart Dutson
B Applicable Law
CHAPTER 11 Julian Lew and the Applicable Law in International Courts and Tribunals
Hans van Houtte
CHAPTER 12 Revisting Applicable Law in International Arbitration
Wendy Miles KC
CHAPTER 13 Reflections on the Law Governing Confidentiality in Arbitration
Lawrence Collins
C Evidence and Procedure
CHAPTER 14 Access to U.S. Discovery in International Commercial and Investor-State Arbitration
George A. Bermann
CHAPTER 15 The Elusive Standard of Proof in International Commercial Arbitration: The Common Law, Civil Law Divide, Dr Jekyll and Mr Hyde?
Simon Greenberg & Alix de Zitter
CHAPTER 16 Legal and Litigation Privileges in the ‘Redfern Schedule’ Phase of Arbitral Proceedings
Monique Sasson
CHAPTER 17 Remote Proceedings and Their Impact on Stakeholders in the Arbitral Process
Claus von Wobeser
CHAPTER 18 Quo Vadis Arbitration Post-COVID?
Neil Kaplan CBE KC & Noam Zamir
CHAPTER 19 Interim Measures: The Critical Impact They May Have on International Arbitration
Isabelle Michou
CHAPTER 20 Forced Joinder: Arbitration Without Privity or Consent in Disguise?
Maxi Scherer & Ole Jensen
CHAPTER 21 Summary Dismissal: Useful but Risky
Pierre Tercier
D Jurisdiction and Substantive Issues
CHAPTER 22 Pathological and Hybrid Arbitration Clauses
Bernard Hanotiau
CHAPTER 23 Application of Investment Treaties in the Pre-investment Stage
Matthew Weiniger KC
CHAPTER 24 Loss of Chance Damages
Audley Sheppard KC
E Arbitrators
CHAPTER 25 An Arbitrator’s Guide to Hearing Preparation: Consolidating Conventional Wisdom and Innovation
Nayla Comair-Obeid
CHAPTER 26 Transparency and Stakeholders’ Role in the Selection of the Arbitral Tribunal
Ali Yesilirmak
CHAPTER 27 Arbitrator Disclosure: Objective Observer or in “the Eyes of the Parties”
Patricia Shaughnessy
CHAPTER 28 Welcome to the Future: The AI Arbitrator – An Unwelcomed Reality or Science Fiction?
Mohamed S. Abdel Wahab
CHAPTER 29 Quasi-contractual or Quasi-judicial Nature of Arbitration: Balancing the Powers of the Arbitral Tribunal with the Contractual Rights Between the Parties and the Arbitrators
Silja Schaffstein
CHAPTER 30 The Concept and Scope of the Arbitrator’s Autonomy
Emilia Onyema
CHAPTER 31 Self-Created Reasons to Challenge an Arbitrator: Recipe for Success or Disaster?
Stephan Wilske
F The Seat
CHAPTER 32 Are Arbitral Seats Striking the Right Balance Between Arbitrator Autonomy and Court Supervision?
Jacomijn J. van Haersolte-van Hof
CHAPTER 33 The Legal Fiction of the Seat of the International Arbitration
Eduardo Silva Romero
G Third Party Funders
CHAPTER 34 The Dynamic Role of Third-Party Funders in International Arbitration
Crina Baltag
CHAPTER 35 Third-Party Funding in Investment Arbitration: To Be or Not to Be?
Alice Fremuth-Wolf
PART II Julian Lew’s Achievements and Legacy
CHAPTER 36
Prof Dr Julian Lew QC: The Dream Realised
Ariella Lew & Lauren Levin
CHAPTER 37 The Centre for Commercial Law Studies and the School of International Commercial Arbitration: The Story of an Adventure
Roy Goode KC
CHAPTER 38 The Multi-faceted Legacy of Julian Lew: The Prism of Immunity in International Arbitration
Susan Franck
CHAPTER 39 Teaching Lew’s Dream: Musings on Teaching Transnational (Autonomous) Arbitration
Loukas Mistelis
CHAPTER 40 Julian Lew as Mentor
Caroline Croft & Simona Valkova
CHAPTER 41 Where Academic Scholarship and International Practice Converge
Eleanor Taylor
PART III Personal Tributes
CHAPTER 42 Personal Tribute
Gloria Alvarez
CHAPTER 43 Julian Lew: A Personal Tribute
Elizabeth Gloster
CHAPTER 44 Personal Tribute
Doug Jones AO & Janet Walker CM
CHAPTER 45 Julian Lew: The Academic Teacher
Stefan Kröll
CHAPTER 46 Personal Tribute
Mary Mitsi
CHAPTER 47 Tribute to Julian Lew
William W. Park
CHAPTER 48 Personal Tribute
Stefan Riegler
CHAPTER 49 Personal Tribute
Sir Bernard Rix
CHAPTER 50 Dr Julian DM Lew KC and the Principles of Inclusion and Balance
Laurence Shore
List of Publications
by Professor Julian D M Lew QC KC
Julian D M Lew KC
Index
I suppose it is a tradition, or at least an objective approach, to ask someone not previously associated with the honoree of a liber amicorum– to write a review on it. Perhaps for that reason, I was invited to do this task, and soon I realized it is a daunting one. This liber amicorum is not a random collection of unrelated papers given by friends. The book is by itself ‘autonomous’ as Julian Lew advocates for arbitration. The chapters address the essential aspects of international arbitration, with consistent themes that permeate the contributions.
The ‘high numbers of contributors to this volume’, isa ‘testament of the great esteem that Julian enjoys among his peers’.26 Even more noteworthy is the depth, range and quality of these papers and how they traced back to what Julian has written, advocated and taught.
Without being a student or a peer or a personal friend of Julian Lew, one can read and learn what he has done for international arbitration, be influenced by his thoughts, and benefit from the legacy he has made for international arbitration. Even a legal professional from civil law system like me, remotely located at the other end of the world, one can be touched and impacted by Julian Lew’s contribution. – Pijan Wu FCIArb; Senior Counsel, LCS & Partners; Adjunct Associate Professor, Soochow University Graduate School of Law - Arbitration: The International Journal of Arbitration, Mediation and Dispute Management Issue 1, 2024
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