Contemporary Problems in International Arbitration

1. Front Matter

   Pages i-xlv

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2. Introduction

   1. Introduction

      • Julian D. M. Lew

      Pages 1-6

3. The School of International Arbitration

   1. Front Matter

      Pages 7-7

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   2. The birth of the School of International Arbitration

      • Pieter Sanders

      Pages 9-11

   3. The School of International Arbitration: aspirations and objects

      • Roy Goode

      Pages 12-15

   4. International arbitration — teaching and research

      • Pierre Lalive

      Pages 16-19

4. The jurisdiction and authority of arbitrators

   1. Front Matter

      Pages 21-21

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   2. ICSID arbitration

      • Georges R. Delaume

      Pages 23-39

   3. States in the international arbitral process

      • Karl-Heinz Böckstiegel

      Pages 40-49

   4. The sources and limits of the arbitrator’s powers

      • Sigvard Jarvin

      Pages 50-72

   5. Determination of arbitrators’ jurisdiction and the public policy limitations on that jurisdiction

      • Julian D. M. Lew

      Pages 73-85

   6. The sources and limits of the arbitrator’s powers in England

      • Kenneth S. Rokison

      Pages 86-100

   7. The law applicable to the merits of the dispute

      • Ole Lando

      Pages 101-112

   8. The applicable law: general principles of law — the lex mercatoria

      • Berthold Goldman

      Pages 113-125

   9. The law governing the agreement and procedure in international arbitration in England

      • Lawrence Collins

      Pages 126-138

5. International arbitration procedure

   1. Front Matter

      Pages 139-139

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   2. The extent of independence of international arbitration from the law of the situs

      • Jan Paulsson

      Pages 141-148

   3. The role of national law and the national courts in England

      • Stewart C. Boyd

      Pages 149-163

   4. The role of the courts under the UNCITRAL Model Law script

      • Gerold Herrmann

      Pages 164-187

   5. Supplementary rules governing the presentation and reception of evidence in international commercial arbitration

      • David W. Shenton

      Pages 188-194

The establishment of a School of International Arbitration was a sufficiently important occurrence to have brought to London, for its inaugural conference, most of the world's leading experts on international arbitration. The three-day Symposium on March 25-27, 1985 sought to identify and consider the It was not the aim contemporary problems affecting international arbitration. of the Symposium to develop, propose or agree solutions to these problems, but rather to discuss the issues and alternative solutions. The success of the School will be measured in the future by its contribution, through research and teaching, to the development of solutions to the difficulties and uncertainties which reduce the effectiveness of international arbitration agreements and awards and the conduct of international arbitral proceedings. This book reproduces the papers presented at the Symposium (amended and varied by several contributors). It is not considered appropriate here to comment on or analyse paper by paper the ideas presented or discussions which ensued. However, it would be appropriate to make reference to specific developments in the short period since the Symposium directly relevant to the papers reproduced and the discussions which ensued. The pertinence of the subject-matter selected becomes clear from these subsequent developments.

• Arab Middle East
• Arbitration
• Arbitrator
• Eastern Europe
• Enforcement
• ICC arbitration proceedings
• ICSID
• School of International Arbitration
• UNCITRAL
• arbitral awards
• arbitration proceedings
• international arbitration
• international arbitration in England
• international commercial arbitration
• sovereign immunity and transnational arbitration

• Centre for Commercial Law Studies, Queen Mary College, University of London, UK

  Julian D. M. Lew

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