Collected Courses of the Hague Academy of International Law

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L’ordre public dans les sentences arbitrales (Volume 249)

(22,666 words)

Author(s): Fadlallah, Ibrahim
Fadlallah, Ibrahim Keywords: Public order | Arbitration | Mots clefs: L'Ordre public | Arbitrage | ABSTRACT In this course, Ibrahim Fadlallah discusses Arbitrator’s behavior in the face of a public policy rule. The course is an inquiry based on the methodical counting of many awards published mainly in the two collections of the International Chamber of Commerce, the Journal of International Law and the Yearbook of Commercial Arbitration as well as in the French Journal of Arbitration. After a brief introductio…

Dispute-Resolution Mechanisms in International Business (Volume 203)

(32,105 words)

Author(s): F. Vagts, Detlev
F. Vagts, Detlev Keywords: International commercial law | Dispute resolution | Arbitration | Mots clefs: Droit commercial international | Règlement de litiges d'ordre juridique | Arbitrage | ABSTRACT Detlev Vagts, Professor at Harvard Law School, devotes his course to dispute-resolution mechanisms in international business concerning the legal aspects of the mechanisms. However, the author begins his course with a study of the commercial aspects of international transactions. He focuses this study on the choice that must b…

Res Judicata and Lis Pendens in International Arbitration (Volume 366)

(121,617 words)

Author(s): Hobér, Kaj
Hobér, Kaj Keywords: Res iudicata | Concurrent proceedings | Law of civil procedure | Arbitration | International commercial arbitration | Private international law | Mots clefs: ABSTRACT The objective of these lectures is to identify situations where res judicata and lis pendens issues may arise in international arbitrations, as well as to take stock of, and to discuss, what arbitral tribunals actually do with respect to the principles of res judicata and lis pendens. After an introduction, the Chapter II discusses res judicata and lis pendens in a number of national jurisdicti…

L’arbitrabilité (Volume 296)

(83,853 words)

Author(s): Hanotiau, Bernard
Hanotiau, Bernard Keywords: Arbitration clause | Arbitration | Mots clefs: Clause compromissoire | Arbitrage | ABSTRACT Bernard Hanotiau recalls in the introduction to his course on arbitrability that, if parties can grant their arbitrators the jurisdiction to settle a dispute, the State preserves nevertheless the possibility to refuse the settlement out of state court of dispute categories. It is then said, states Professor Hanotiau, that the dispute is non-arbitrable. Professor Hanotiau devotes the first part…

L’arbitrage privé dans les rapports internationaux (Volume 51)

(37,783 words)

Author(s): Comte Giorgio Balladore Pallieri, le
Comte Giorgio Balladore Pallieri, le Keywords: Arbitration | International law | Mots clefs: Arbitrage | Droit international | ABSTRACT Giorgio Balladore Pallieri explains in the introduction to his course that practice in recent times (1934) has marked a very pronounced penchant for arbitration, which it prefers in a growing number of cases to the procedure instituted by the State and taking place before ordinary judges. After presentation of general theories relating to international arbitration, the author focuses on private arbitration in international conventions. Giorgio…

The Allocation of Power between Arbitral Tribunals and State Courts (Volume 390)

(205,724 words)

Author(s): Scott Rau, Alan
Scott Rau, Alan Keywords: Arbitration | International arbitration | International commercial arbitration | Domestic competence ABSTRACT It is understood that the “jurisdiction” of an arbitral tribunal rests on the parties' consent to submit to a binding arbitration determination. In this course, Alan Scott Rau deals with the ultimate question running across our law of arbitration, which is the allocation of responsibility between State courts and arbitral tribunals. Every modern regime of arbitration takes the …