Collected Courses of the Hague Academy of International Law

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

(121,620 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 In this course, the author aims to explain and discuss the role, function, and applicability of the principles of res judicata and lis pendens in international arbitrations, or, to be precise, as between arbitral tribunals. He focuses on three categories of arbitration: arbitration between States, or interstate arbitration; international…

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 …

Party Autonomy in Litigation and Arbitration in View of the Hague Principles on Choice of Law in International Commercial Contracts (Volume 379)

(12,123 words)

Author(s): Boele-Woelki, Katharina
Boele-Woelki, Katharina Keywords: Party autonomy | Choice of law | International contracts | Private international law | International commercial arbitration | Trials | Mots clefs: ABSTRACT This contribution is based on the author’s lecture on Private International Law delivered at The Hague Academy of International Law in 2014. The author focuses on party autonomy in the context of the applicable law issue. The choice of the applicable law in international business transactions is put in the context of the two types of …

International Commercial Arbitration, with Special Focus on Russia (Volume 394)

(25,659 words)

Author(s): A. Kostin, Alexey
A. Kostin, Alexey Keywords: International commercial arbitration | Russian Federation [p11] A. Kostin, Alexey BIOGRAPHICAL NOTE [p15] Alexey Alexandrovich Kostin, born 24 January 1953 in Lithuania (Taurage). Head of the Private International and Civil Law Department of the Moscow State Institute of International Relations (University) at the Ministry of Foreign Affairs of the Russian Federation (since 2004). Chairman of the International Commercial Arbitration Court (since 2010) and the Maritime Arbitration Commission (si…

Principes et pratique de procédure dans l’arbitrage commercial international (Volume 279)

(54,855 words)

Author(s): Hascher, Dominique
Hascher, Dominique Keywords: International commercial arbitration | Procedure | International Chamber of Commerce | Mots clefs: Arbitrage commercial international | Procédure | Chambre de commerce internationale | ABSTRACT In this course, Dominique Hascher, Judge at the Court of Appeal in Paris, looks at the arbitration procedure in its broadest sense, including the internal functioning of the arbitration court which places the arbitrators themselves at the heart of the principles of the arbitration procedure. Dominique Ha…

International Commercial Arbitration and the Municipal Law of States (Volume 157)

(48,107 words)

Author(s): Luzzatto, Riccardo
Luzzatto, Riccardo Keywords: International commercial arbitration | Mots clefs: Arbitrage commercial international | ABSTRACT In this course, Ricardo Luzzatto, Professor at the University of Modena, studies the relations between international commercial arbitration and internal law of States. As a first step, the author examines international commercial arbitration as an institution in a world of States. He then focuses on the jurisdiction of arbitrators and national courts, the arbitral procedure, recognitio…

L’arbitrage international entre gouvernements et particuliers (Volume 76)

(31,766 words)

Author(s): Carabiber, Ch.
Carabiber, Ch. Keywords: International commercial arbitration | Mots clefs: Arbitrage commercial international | ABSTRACT Ch. Carabiber notes that the problem of arbitration between governments and individuals arises in the conditions, which do not evoke an idea of equality of the parties in the dispute between the parties. They are not equipped with means of procedure and action to balance each other. The author begins by studying the responsibility of the public authority, and the immunities and receivables…

Aspects philosophiques du droit de l’arbitrage international (Volume 329)

(65,730 words)

Author(s): Gaillard, Emmanuel
Gaillard, Emmanuel Keywords: International arbitration | Private international law | Legal philosophy | Legal positivism | International commercial arbitration | Mots clefs: Arbitrage international | ABSTRACT The law of arbitration, even more than the private international law, says Emmanuel Gaillard, Professor at the University of Paris XII, lends itself to a reflection of the philosophy of law. The notions, which are essentially philosophical, of will and freedom are at the heart of the matter. The parties’ freedom to …

L’autonomie de l’arbitre international dans l’appréciation de sa propre compétence (Volume 217)

(47,426 words)

Author(s): Mayer, Pierre
Mayer, Pierre Keywords: Judicial competence | International commercial arbitration | Mots clefs: Compétence judiciaire | Arbitrage commercial international | ABSTRACT Pierre Mayer, Professor at the University of Paris I, notes that a course on the competence of international arbitrators may adopt two different approaches depending on whether it is from the point of view of States or arbitrators. The author chooses the second. However, an arbitrator ruling in Geneva on a dispute between an American party and an Ital…

L’arbitrage dans l’espace OHADA (Volume 380)

(59,696 words)

Author(s): Pougoué, Paul-Gérard
Pougoué, Paul-Gérard Keywords: Organization for the Harmonization of Business Law in Africa | Commercial law | Unification of law | International commercial arbitration | Commercial arbitration | Mots clefs: ABSTRACT The advent of OHADA constitutes a break in the contemporary evolution of arbitration in the OHADA space. There are three OHADA instruments governing the arbitration: treaty establishing the organization (specifically Title IV of this Treaty), the Arbitration Rules of the Common Court of Justice and Arbitration, …

Internationalization of the Practice of law and Important Emerging Issues for Investor-State Arbitration Opening Lecture, Private International Law Session, 2011 (Volume 354)

(19,478 words)

Author(s): B. Lamm, Carolyn
B. Lamm, Carolyn Keywords: Foreign direct investment | International commercial arbitration | International arbitration | International dispute settlement | International Centre for Settlement of Investment Disputes | International arbitral awards | Cases | Mots clefs: ABSTRACT Globalized practice requires an understanding of international law, comparative law, and national laws. In this course, the author addresses briefly the ways in which US courts and other national courts have long sought to address the uncertain relationship…

L’évolution de l’arbitrage commercial international (Volume 99)

(33,920 words)

Author(s): Carabiber, Charles
Carabiber, Charles Keywords: International commercial arbitration | Mots clefs: Arbitrage commercial international | ABSTRACT After introductory remarks on the sustainability and history of arbitration, Charles Carabiber explores the legal nature of arbitration. He focuses on the issue of the equality of the parties in the arbitration, the compromissory clause and the compromissory, next on the inability of the State to arbitration, and examines the possibility for the State to be relieved from this inability…

The Private-Public Divide in International Dispute Resolution (Volume 388)

(88,455 words)

Author(s): Hess, Burkhard
Hess, Burkhard Keywords: International dispute settlement | International arbitration | International commercial arbitration | States | Individuals | Private enforcement ABSTRACT Almost every legal system knows the distinction between private and public law. This distinction is primarily found in continental law systems, but it is not unknown in the common law world. In this course, Burkhard Hess focuses on the dispute between the public and the private sectors. The author explains that both the areas of public and …

Competence-Competence in the Face of Illegality in Contracts and Arbitration Agreements (Volume 361)

(137,421 words)

Author(s): Kreindler, Richard
Kreindler, Richard Keywords: International commercial arbitration | International arbitration | Arbitration court | Arbitral competence | Legality | Corruption | Mots clefs: ABSTRACT In this course, the author addresses the question of competence-competence and illegality in contracts and arbitration agreements, generously and broadly, in different ways. Next, he discusses the aspects of the potential authority of the arbitral tribunal, which include arbitrability, separability, and jurisdiction. The author examines i…

Choice-of-Law Problems in International Commercial Arbitration (Volume 289)

(158,366 words)

Author(s): A. Grigera Naón, Horacio
A. Grigera Naón, Horacio Keywords: International commercial arbitration | Mots clefs: Arbitrage commercial international | ABSTRACT The objective of this course by M. Grigera Naón is to describe solutions given to choice-of-law problems by international commercial arbitrators. Only ICC arbitration awards will be considered and, accordingly, only rules and practices governing the conduct of ICC arbitrations and influencing choice-of-law determinations by international commercial arbitrators will be taken into ac…

Trends in the Field of International Commercial Arbitration (Volume 145)

(33,591 words)

Author(s): Sanders, Pieter
Sanders, Pieter Keywords: International commercial arbitration | Mots clefs: Arbitrage commercial international | ABSTRACT Pieter Sanders, Professor at the Erasmus University, Rotterdam, focuses in his course on the trends, emerging at the time of its writing (1975) in the field of international commercial arbitration on three major issues: domain of arbitration, arbitration and applicable law, and remedies against arbitral awards. Since international commercial arbitration applies worldwide, the author addre…

Problèmes relatifs a l’arbitrage international commercial (Volume 120)

(55,935 words)

Author(s): A. Lalive, P.
A. Lalive, P. Keywords: International commercial arbitration | Mots clefs: Arbitrage commercial international | ABSTRACT P.A. Lalive notes in the introduction of his course that it seems that, with the increased intervention of the State in the economic life, with the development of “joint” ventures, which are half-public and half-private, or even “international” ventures in the legal sense of the term, and with the multiplication of “transnational” law relations in order to reiterate the famous policy of Jess…

Choice of Law in Arbitration Proceedings (Volume 375)

(12,137 words)

Author(s): M. De Boer, Th.
M. De Boer, Th. Keywords: International commercial arbitration | International arbitration | Choice of law | Lex fori | International law of procedure | Mots clefs: ABSTRACT In this course, Th. M. De Boer begins by taking stock of various situations in which a choice-of-law problem could arise in connection with arbitration. He provides an idea of the kind of legal problems that need to be solved, either by arbitration or adjudication. The author briefly discusses a number of choice-of-law solutions that have been propose…

International Arbitration and Private International Law General Course on Private International Law (Volume 381)

(205,472 words)

Author(s): A. Bermann, George
A. Bermann, George Keywords: International commercial arbitration | Private international law | Mots clefs: ABSTRACT In this course, George A. Bermann identifies international arbitration’s place within the discipline of private international law and, conversely, private international law’s place within international arbitration. He first acknowledges international arbitration as a distinctive form of international dispute resolution. Next, the author discusses jurisdiction to determine arbitral jurisdiction a…

Limitations on Party Autonomy in International Commercial Arbitration (Volume 372)

(82,629 words)

Author(s): Cordero-Moss, Giuditta
Cordero-Moss, Giuditta Keywords: Party autonomy | International contracts | International commercial arbitration | Mots clefs: ABSTRACT The purpose of this course is to examine some of the external and internal limitations party autonomy meets in international commercial arbitration. The author discusses the internal limits that party autonomy meets in arbitration. She examines to what extent international arbitration may escape the internal limits. The author explains the effects of an arbitral award that cons…
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