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Precedent in International Arbitration
Emmanuel Gaillard and Yas Banifatemi, Editors
Price: $125.00 580 pages. 1 Hardcover Volume Appendices. Index. Published June 2008
ISBN-13: 978-1-933833-14-9
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Table of Contents
IAI Series No. 5 The International Arbitration Institute (IAI) series on international arbitration is a new periodic series of publications that will focus on cutting edge issues and developments in international arbitration. About the IAI: The International Arbitration Institute (IAI), an organization created under the auspices of the Comité Français de l’Arbitrage (CFA), was created to promote exchanges international arbitration. The IAI is designed to promote exchanges on current issues in the field of international commercial arbitration. Its activities include the regular organization of international conferences, colloquiums, as well as conducting various research projects. About the book: Arbitrators routinely refer in their decisions to awards rendered by other arbitral tribunals that deal with the same issues. However natural it may seem to arbitrators and to parties who will refer to arbitral precedents in an attempt to support their position, such an approach raises many practical and theoretical questions. Is there such a thing as arbitral precedent? What weight should arbitrators give to decisions previously rendered by other arbitral tribunals? Can arbitral “case law” exist without consistency? Does such consistency exist? Is it necessary or simply desirable? What is the respective weight to be given to arbitral and national case law when arbitrators have to decide a case in accordance with a given law? These are some of the questions that this book explores, in the context of both international commercial arbitration and investment arbitration.
About the General Editor: Emmanuel Gaillard, Chairman of the IAI, is acknowledged as one of the world leading experts on international arbitration. He has written extensively on all aspects of international arbitration law, in French and in English. He is a co-author of Fouchard Gaillard Goldman On International Arbitration, the leading and most exhaustive publication in this field. Emmanuel Gaillard teaches International Arbitration and Private International Law at the University of Paris XII. He has acted as arbitrator, counsel and expert in over 250 international arbitration proceedings and Chair of Shearman & Sterling’s International Arbitration practice.
About the Editor: Yas Banifatemi, Partner, Shearman & Sterling, International Arbitration Practice Group, Paris
About the Contributors: - Emmanuel Gaillard, Head of the International Arbitration Group, Shearman & Sterling LLP
- Barton Legum, Counsel, Debevoise & Plimpton LLP
- Karl-Heinz Böckstiegel, Professor of Law, University of Cologne
- François Perret, Professor of Law, University of Geneva
- Alexis Mourre, Partner, Castaldi Mourre & Partners
- Christopher Seppala, Partner, White & Case LLP
- Prosper Weil, Emeritus Professor of Law, University of Panthéon-Assas (Paris II)
- James Crawford, Professor of Law, University of Cambridge; Matrix Chambers
- Judge Gilbert Guillaume, Former Judge and President, International Court of Justice
- Thomas Wälde, Professor of Law, University of Dundee
- Gabrielle Kaufmann-Kohler, Partner, Lévy Kaufmann-Kohler; Professor of Law, University of Geneva
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