Do Arbitral Awards Constitute Precedents Should Commercial Arbitration be Distinguished in this Regard from Arbitration Based on Investment Treaties - Part 4 - Chapter 1 - Towards a Uniform International Arbitration Law

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Towards A Uniform International Arbitration Law? Hardcover

Towards A Uniform International Arbitration Law?  Electronic

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DO ARBITRAL AWARDS CONSTITUTE PRECEDENTS? SHOULD COMMERCIAL ARBITRATION BE DISTINGUISHED IN THIS REGARD FROM ARBITRATION BASED ON INVESTMENT TREATIES?

by Pierre Duprey

I. INTRODUCTION
Since the 1980s, arbitration has become the most common form of dispute resolution as far as international investments are concerned. In fact, only arbitration can ensure the utmost equality between parties otherwise in unequal positions (a private investor and the host State of an investment).

This particular form of arbitration has been developing due to the existence of numerous investment treaties.

Most investment treaties are bilateral treaties for the protection and promotion of investments (hereinafter “BIT”). BITs are in constant development and more than 2200 exist as of today.

Full Table of Contents from "Towards A Uniform International Arbitration Law?"

FOREWORD
Anne-Véronique Schlaepfer, Philippe Pinsolle, Louis Degos

PART I
TRANSNATIONAL RULES APPLIED TO THE MERITS OF A DISPUTE

    Introductory Note
    Laurent Lévy

    Public and Mandatory Law in International Arbitration
    Daniel Hochstrasser

    The Contribution of Arbitral Case Law and National Laws
    Marc Henry

    Recent Codification Efforts: An Assessment
    Stephen Jagusch

    The Recognition of Transnational Rules by National Courts
    Matthias Scherer

PART II
EMERGING TRANSNATIONAL RULES OF A PROCEDURAL NATURE

    Introductory Note
    Matthieu de Boisséson

    Transnational Rules on the Taking of Evidence
    Pierre-Yves Gunter

    Solutions Offered by Transnational Rules in Case of Interference by the Courts of the Seat
    Constantine Partasides

    Towards a Transnational Procedural Public Policy
    Fernando Mantilla-Serrano

PART III
IS THERE A STANDARD ARBITRATION PROCEDURE?

    Introductory Note
    Wolfgang Peter

    Is the Arbitral Procedure Still Reserved for Parties Alone?
    Xavier Favre-Bulle

PART IV
IS THERE SUCH THING AS ARBITRAL "JURISPRUDENCE"?

    Introductory Note
    Albert Jan van den Berg

    Do Arbitral Awards Constitute Precedents?
    Should Commercial Arbitration be Distinguished in this Regard from Arbitration Based on Investment Treaties?
    Pierre Duprey

    Consistency of Awards in Cases of Parallel Proceedings Concerning Related Subject Matters
    D. Brian King

Annexes

Annex
Typology of Swiss Case Law on Selected Issues

Annex 2
List of Participants (YAP First European Colloquium held in Paris on March 28, 2003)br>

Annex 3
List of Participants (YAP Second European Colloquium held in Geneva on March 26, 2004)
 

Pierre Duprey, Partner, Darrois Villey Maillot Brochier, Paris