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Institutional Commercial Arbitration from the Inside - Chapter 11 - Between East and West: Essays in Honour of Ulf Franke

 
Price:
$35.00
Author: Diana C. Droulers
Page Count: 8
Published: March 2010
Media Desc: PDF from "Between East and West: Essays in Honour of Ulf Franke"
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Between East and West: Essays in Honour of Ulf Franke - Hardcover

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Institutional Commercial Arbitration from the Inside
Diana C. Droulers

It is only fitting that an article for a book to honor Ulf Franke should be about Institutional Arbitration seen from the inside. Ably leading the Arbitration Institute of the Stockholm Chamber of Commerce for so many years may have been his formal work, yet his contributions to the arbitration world and to institutional arbitration go much further. Until May of this year Ulf Franke led the International Federation of Commercial Arbitration Institutions (IFCAI) for eight years, making a big effort to contribute to the well-being of institutional arbitration throughout the world. He was also the Secretary General of the International Council for Commercial Arbitration for quite some time. We don’t need to see his resume in order to know he has been one of the inspiring people that have been making arbitration an interesting, challenging, and rewarding area to practice. His example as the leader of an institution has served many of us well. For those of us who have had the honor of sharing his experience, it is doubtless that his contribution to the arbitration world has been a steady flow of work from which we have much benefited.

Thus this article is dedicated to institutional arbitration, why it has become an important factor in the development of arbitration and what lies within the walls of institutions that manage cases. There is a triangle of participants in an institutional arbitration, one corner serving the parties and their lawyers (we call them the clients), next comes the members of the tribunal, and the third angle belongs to the institution. This is written from the point of view of the institution—hence the title, Institutional Arbitration
from the Inside.

We should start by asking ourselves: What exactly is institutional arbitration? A whole book could be written about institutional arbitration and how it has developed. In this case we will narrow down to what we believe is of interest and that is the institutions that actually manage cases. We shall make the difference by labeling the arbitration institutions those who have within their functions that of managing cases. That would set us apart from the institutions that either promote, study, or in any way
dedicate themselves to the arbitration theme but do not manage arbitral tribunals and do not offer arbitration services. The latter would then be called organizations dedicated to arbitration.

Table of Contents

Full TABLE OF CONTENTS from "Between East and West: Essays in Honour of Ulf Franke"


FOREWORD  

When -- If Ever -- Should Failure to Challenge an
Award before the Courts of the Seat Amount to a
Waiver of New York Convention Defences?

    Frédéric Bachand   

The Role of the Institution in Taming Electronic Disclosure 
    C. Mark Baker and Kinan H. Romman   

Teaching International Arbitration in Law Faculties 
    Eric E. Bergsten   

Some Reflections on Dispute Settlement in Air,
Space, and Telecommunication Law
 
    Karl-Heinz Böckstiegel   

Without Delay: Arbitrating in Six Months --
the German Approach for Expedited Proceedings
 
    Jens Bredow   

The Power and Effectiveness of Pre-arbitral Provisional Relief:  
The SCC Emergency Arbitrator in Investor-State Disputes
 
    Charles N. Brower, Ariel Meyerstein and Stephan W. Schill    
 
Do Arbitration Rules Give the Tribunals Too
Much Freedom to Conduct International Arbitration
As They Think Fit?
 
    Peter Scott Caldwell   

Cross-Examination and International Arbitration 
    Bernardo M.  Cremades and David J. A. Cairns   

ICSID, UNCITRAL and SCC As Investment Fora
    Hans Danelius   

Towards a Unified Approach to the Law
Applicable to the Arbitration Agreement in
United States Courts
 
    Donald Francis Donovan and David W. Rivkin   

Institutional Commercial Arbitration from the Inside
    Diana C. Droulers   

Arbitration in Arab Countries 
    Abdel Hamid El Ahdab   

Ulf Franke -- Thirty-five Years and Afterwards
    Johan Gernandt   

Voluntary Solutions to Procedural Problems
    Lars Göthlin and Mattias Bexelius   

Pre-Dispute Waivers of Investment Treaty Arbitration:
A Practical Approach

    Jeffrey Hertzfeld and Barton Legum   

Are Parties Entitled to Agree on the Application of
the UNCITRAL Model Law in a Contract Providing
for Arbitration in Sweden?
 
    Lars Heuman   

Taking Evidence Abroad in International Arbitration
in the 21st Century
 
    Martin Hunter and Andrey Panov   

Determining the Parties' True Choice of the Seat
of Arbitration and Lex Arbitri

    Michael Hwang and Darius Chan   

Is There a Code of Conduct for Party-appointed
Experts in International Arbitration?

    Mark Kantor   

Les Anciens et les Modernes in International Arbitration:
Looking Back and Looking Forward
 
    Pierre A. Karrer   

Enforcement of SCC Arbitral Awards in CIS Countries:
Reflections on Arbitration History
 
    Vladimir Khvalei   

Remarks on the Development of International
Commercial Arbitration in Modern Russia

    Alexander S. Komarov   

Corruption in International Investment Arbitration:
Jurisdiction and the Unclean Hands Doctrine
 
    Richard Kreindler   

Discretion Pursuant to Article V of the New York Convention 
    Gustaf Möller   

Ulf Franke, Stockholm Arbitration, and the Bridge to China 
    Michael J. Moser   

Negative Inferences: An Arbitral Tribunal's Powers to
Draw Adverse Conclusions from a Party's Failure to
Comply with the Tribunal's Orders
 
    Bo G.H. Nilsson   

Reflection on What Is Special in an Arbitrator's Life 
    Piotr Nowaczyk   

Participation in the ICSID Convention 
    Antonio R. Parra   

Security for Costs in Investment Arbitration 
    Jakob Ragnwaldh and Nils Eliasson   

Challenging Arbitrators' Fees Determined by
Arbitration Institutions

    Jan Ramberg and Serge Lazareff  

Incorporation and Passivity: Entering into Arbitration
Agreements under Swedish Law
 
    Anders Reldén and Mattias Nilsson   

Contractual Relations in Institutional Arbitration
    Patrik Schöldström   

The New SCC Emergency Arbitrator Rules 
    Patricia Shaughnessy   

International Arbitration in Ukraine:
Yesterday, Today . . . Forever
 
    Tatyana Slipachuk   

The Parties' Contract with the Arbitration Institution 
    Christer Söderlund   

Enforcement of SCC Arbitration Awards in China 
    Jingzhou Tao   

Arbitration Guidelines: Straitjacket or Compass?
    Hans van Houtte   

Users, Courts, Arbitral Institutions -- And the Need for
Comparative Statistics
 
    V.V. Veeder and Amy Sander   

Improvement of the Civil Code of the Russian
Federation and Its Impact on Arbitration Practice

    Nina Vilkova   

Bringing Arbitration Closer to Company Management
and Boards: Can Arbitral Institutions Further
This Aspiration?
 
    Carita Wallgren-Lindholm   

What Can You Expect? The Role of Legitimate
Expectations in Investment Protection Disputes
 
    Fred Wennerholm   

The Impact of Document Production on the Efficiency
of Arbitration
 
    Claes Zettermarck and Rikard Wikström   

Procedural Aspects of the Activities of Institutional
Arbitration Bodies

    Ivan S. Zykin    

Author Detail

Diana C. Droulers is the Director, Arbitration Centre of the Caracas Chamber of Commerce; Secretary General of ICC Venezuela; and President of the International Federation of Commercial Arbitration Institutions.