Towards a Uniform International Arbitration Law? - IAI Series No. 3

The growing acceptance of the concept of transnational rules, be they substantive or procedural, has directly contributed to a substantial decrease of the influence of local norms. Transnational principles often override domestic law, and the arbitral process sometimes takes precedence over court decisions.

Moreover, the exceptional development of investment arbitration has called into question traditional values of commercial arbitration such as confidentiality and the privity of arbitral proceedings. Widespread publication of awards rendered has also rejuvenated the debate on the value of arbitral awards as precedents. This book critically explores the extent to which these phenomena contribute to the creation of a truly 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 Arbitratio n
    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)

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 Editors:
Philippe Pinsolle is a Partner in the Paris office of Shearman & Sterling LLP.

Anne Veronique Schlaepfer is a Partner in the Geneva office of Schellenberg Wittmer.

Louis Degos is a Partner in the Paris office of Eversheds.

About the Contributors:

Anne-Veronique Schlaepfer, Partner, Schellenberg Wittmer, Geneva
Louis Degos, Partner, B.Moreau, Paris
Laurent Levy, Partner, Schellenberg Wittmer, Geneva
Daniel Hochstrasser, Partner, Bär & Karrer, Zurich
Marc Henry, Partner, Lovells, Paris
Stephen Jagusch, Partner, Allen & Overy
Matthias Scherer, Partner, Lalive & Partners, Geneva
Matthieu de Boisseson, Partner, Darrois Villey, Paris
Pierre-Yves Gunter, Partner, Python Schifferli Peter & Partners, Geneva
Constantine Partasides, Partner, Freshfields Bruckhaus Deringer, Paris
Fernando Mantilla-Serrano, Partner, Shearman & Sterling LLP, Paris
Wolfgang Peter, Founding Partner of Python, Schifferli, Peter & Partners, Geneva
Xavier Favre-Bulle, Partner, Lenz & Staehelin, Geneva
Albert Jan van den Berg, Partner, Hanotiau & van den Berg; Professor of Law, Erasmus University, Rotterdam
Pierre Duprey, Partner, Darrois Villey Maillot Brochier, Paris
D. Brian King, Partner, Freshfields Bruckhaus Deringer, Amsterdam

Author/Editor Detail: