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The Review of International Arbitral Awards
IAI Series No. 6
The Review of International Arbitral Awards
The International Arbitration Institute (IAI) series on international arbitration is a publication focusing on the issues and developments in international arbitration discussed during conferences and seminars held by the IAI or to which the IAI has participated.
About the IAI:
The International Arbitration Institute (IAI) is an organization created under the auspices of the Comité Français de l'Arbitrage (CFA) with the purpose of fostering exchanges in the field of international arbitration. It has over 600 members throughout the world. Its activities include the organization of international conferences, as well as the publication of a Directory of Members, which is the most highly regarded freely accessible source of information on international arbitration specialists.
About the Book:
This book is the proceedings of the first IAI Forum, held at the Chateau du Clos de Vougeot in Burgundy in September 2008, where 50 among the most prominent figures in international arbitration, including distinguished judges from various jurisdictions, gathered to share their experience and bring their perspective on one of the most fundamental and complex aspects of international arbitration: the Review of International Arbitral Awards.
The first part of the volume is devoted to the review of arbitral awards by national courts. It contains an introductory report by Professors Bernard Hanotiau and Olivier Caprasse comparing the practice of domestic courts, particularly on the issue of public policy, as well as individual reports by four judges of leading jurisdictions: Judge Dominique Hascher for France, Lord Mance for the United Kingdom, Supreme Court Justice Stephen Breyer for the United States and Judge Roland Halvorsen for Sweden.
The second part focuses on the review of awards in the ICSID system. Professor W. Michael Reisman authored introductory remarks on the topic of control systems in ICSID arbitration. Against that background, four investment arbitration specialists having sat as members of ICSID ad hoc Committees analyse various grounds for annulment under Article 52 of the ICSID Convention: Sir Franklin Berman discusses the Scope of review of the tribunal's jurisdiction, Amed El-Kosheri addresses the Scope of the review based on manifest excess of powers, Judge Gilbert Guillaume focuses on the Review based on a failure to state reasons, and Andreas Bucher explores whether there is a need to establish a permanent review body within ICSID.
The volume also contains a contribution by Johnny Veeder on the topic of whether the 1958 New York Convention on the enforcement and execution of foreign arbitral awards should be revised.
Finally, it includes over 100 pages of transcript of the exchanges that took place at the issue of both sessions.
TABLE OF CONTENTS
INTRODUCTION Emmanuel Gaillard
PART I
THE REVIEW OF ARBITRAL AWARDS BY DOMESTIC COURTS
Introductory Report
Bernard Hanotiau & Olivier Caprasse
France
Dominique Hascher
United States
Justice Stephen G. Breyer
England
Lord Jonathan Mance
Sweden
Roland Halvorsen
Discussion
Key Note Speech – Is there a need to revise the New York Convention
V.V. Veeder
PART II
THE REVIEW OF ARBITRAL AWARDS
IN THE ICSID SYSTEM
Introductory Report
W. Michael Reisman
Scope of the Review of the Arbitral Tribunal’s Jurisdiction
Sir Franklin Berman
Scope of the Review Based on a Manifest Excess of Powers
Ahmed El-Kosheri
Scope of the Review Based on the Failure to State Reasons
President Gilbert Guillaume
Is there a Need to Establish a Permanent Reviewing Body?
Andreas Bucher
Discussion
ANNEXES 1 - 9
ANNEX 1
European Court of Justice, Decision of 1 June 1999 in Case No. C-126/97, Eco Swiss China Time Ltd. v. Benneton International N.V.
ANNEX 2
Tribunal of First Instance Brussels, 8 March 2007, SNF SAS v. CYTEC Industrie
ANNEX 3
CA Paris, 23 March 2006, SNF SAS v. CYTEC Industries BV
ANNEX 4
Cour de Cassation 1e civ. France, 4 June 2008, SNF SAS v. CYTEC Industries BV
ANNEX 5
Swiss Federal Tribunal, 8 March 2006, Case No. 4P.278/2005 (English and French versions)
ANNEX 6
Hall Street Associates, L.L.C. v. Mattel, Inc., 552 U.S. __ (25 March 2008)
ANNEX 7
List of Participants to the IAI Forum Held in Vougeot on 12–14 September 2008
ANNEX 8
Table of Abbreviations
ANNEX 9
Table of Authorities
About the General Editor:
Emmanuel Gaillard, Chairman of the IAI, is acknowledged as one of the world's leading experts on international arbitration. He has written extensively on all aspects of international arbitration law. He is a co-author of Fouchard Gaillard Goldman on International Commercial Arbitration, the most exhaustive publication in this field, and of the leading commentary on ICSID case law, La jurisprudence du CIRDI. Emmanuel Gaillard teaches International Arbitration and Private International Law at the University of Paris XII. He has acted as counsel, arbitrator or expert in over 300 international arbitration proceedings. He heads Shearman & Sterling's International Arbitration practice.
About the Contributors
Emmanuel Gaillard, Chairman, International Arbitration Institute (IAI); Partner, Shearman & Sterling, Paris (see above).
Bernard Hanotiau, Professor of Law, University of Louvain, Belgium; Partner, Hanotiau & van den Berg, Brussels.
Olivier Caprasse, Professor of Law, University of Liège and University of Brussels; Hanotiau & van den Berg, Brussels.
Dominique Hascher, Judge, Court of Appeal of Reims; formerly judge at the Paris Court of Appeal.
Lord Jonathan Mance, House of Lords, United Kingdom.
Justice Stephen G. Breyer, United States Supreme Court.
Roland Halvorsen, Judge, Svea Court of Appeal, Sweden.
W. Michael Reisman, Myres S. McDougal Professor of International Law, Yale Law School.
Ahmed El Kosheri, Partner, Kosheri, Rashed & Riad, Cairo.
Sir Franklin Berman, Essex Court Chambers, London.
Gilbert Guillaume, former President, International Court of Justice.
Andreas Bucher, Professor of Law, University of Geneva.
V.V. Veeder, Essex Court Chambers, London.
"The book features informative and thought-provoking contributions to the subject of the judicial review of arbitral awards both in the field of general international commercial arbitration country by country and in the more specific context of ICSID.
This is a valuable book, which contains a lot of personal statements by the individual contributors to a subject of international arbitration which keeps giving rise to heated debate and discussions in arbitration circles around the world and is as such, no doubt, eminently useful to the student doing research or to the international arbitration practitioner preparing pleadings, as the case may be."
-Arbitration (The Journal of the Chartered institute of Arbitrators), Vol. 76, No. 4; Review by Gordon Blanke
