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International Arbitration

International Arbitration
Three Salient Problems

2nd Edition

Part of Hersch Lauterpacht Memorial Lectures

  • Publication planned for: April 2020
  • availability: Not yet published - available from April 2020
  • format: Hardback
  • isbn: 9780521768023

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  • The vitality, or alternatively, vitiation, of the international arbitral process is a pressing subject today. The explosion of inter-State, investor-State, and international commercial arbitration attest to the huge expansion of the field in recent years. This second edition combines the historical analysis of the first edition in 1987 with a survey of contemporary developments on each of the three salient problems identified: (i) the severability of the arbitration agreement; (ii) denial of justice (and now other possible breaches of international law) by governmental negation of arbitration; and (iii) the authority of truncated international arbitral tribunals. The international arbitral process continues to be fortified against unilateral attempts to derail it, and this book will be an invaluable guide for today's practitioners and scholars alike.

    • Addresses a key aspect of cross-border interactions: international arbitration
    • Provides a thorough historical analysis of three salient problems in international arbitration that persist today
    • Updates historical analysis with a detailed assessment of recent developments
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    Reviews & endorsements

    'It has been more than thirty years since Judge Schwebel - one of the most prominent, if not the most prominent, living scholars and practitioner in the field of public international law - published the first edition of his seminal work International Arbitration: Three Salient Problems. Since then, international arbitration has gained tremendous ground and its popularity continues to grow. Yet the problems that existed then persist today. In large part, the answers to those problems lie in the basic tenets and the foundational principles of arbitration, of which the second edition of the book reminds us. The review and analysis of those contemporary issues of international arbitration through the prism of decades of evolution and case law makes the second edition of Judge Schwebel's book a required 'night-table' reading for scholars and practitioners.' Stanimir A. Alexandrov, Principal at Stanimir A. Alexandrov PLLC

    'When it appeared, the first edition of this volume - elaborating Judge Schwebel's three Lauterpacht Lectures given in 1987 - was read throughout the international arbitration community. The three essays embodied a sustained effort at grappling with foundational conceptual issues which then seemed rather novel. Their great contribution was not the creation of instant orthodoxy, but the challenge to those involved in the international arbitral process - whatever their ultimate conclusions - to think through some of its most important theoretical underpinnings. The flood of decided cases in the succeeding quarter of a century has left us wondering with increasing curiosity how Schwebel's interrogations and initial conclusions have been affected. Assisted by Sobota and Manton, practitioners steeped in up-to-date developments, Schwebel now shows us how the book of arbitration continues to be written.' Jan Paulsson, founding partner of Three Crowns LLP

    'A revised and expanded version of one of the great classics of international arbitration. This excellent volume is a very valuable contribution to the field of international law.' Gary Born, Chair, International Arbitration Practice Group

    'This volume is a classic and a must read for everyone involved in international arbitration.' Emmanuel Gaillard, Head of International Arbitration, Shearman & Sterling

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    Product details

    • Edition: 2nd Edition
    • Publication planned for: April 2020
    • format: Hardback
    • isbn: 9780521768023
    • dimensions: 228 x 152 mm
    • availability: Not yet published - available from April 2020
  • Table of Contents

    Part I. The Severability of the Arbitration Agreement: Part II. Denial of Justice, and Other Breaches of International Law, by Governmental Negation of Arbitration: Part III. The Authority of Truncated International Arbitral Tribunals.

  • Authors

    Stephen M. Schwebel, International Court of Justice
    Stephen M. Schwebel has been a student and practitioner of international arbitration since 1954 when he was a member of Aramco's legal team in the Onassis Arbitration. He served as a judge of the International Court of Justice 1981–2000 and as Court president 1997–2000.

    Luke Sobota, Three Crowns LLP, Washington DC
    Luke Sobota is a founding partner of Three Crowns LLP, Washington DC, a firm dedicated to international arbitration. He has extensive experience in investor-State, commercial, and inter-State arbitrations. He is co-author of the monograph General Principles of Law and International Due Process (2017) and is a lecturer on law at Harvard Law School.

    Ryan Manton, Three Crowns LLP, Washington DC
    Ryan Manton is an Associate at Three Crowns LLP, Washington DC. He has appeared as counsel before a range of international tribunals in inter-State, investor-State and international commercial arbitrations and other disputes. He previously taught public international law at the University of Oxford, from where he also graduated with a D.Phil. in Law.

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