Schindler, Diètrich Keywords: League of Nations | International arbitration | Mots clefs: Société des Nations | Arbitrage international | ABSTRACT Dietrich Schindler points out in his introduction to his course that the international law has made more progress in any field in comparison to the field of conciliation and arbitration since the Hague conference. It is especially that since the creation of the League of Nations, the author continues, the movement for the peaceful settlement of international conflicts ha…

Guggenheim, Paul Keywords: International arbitration | Preventive measures | International law of procedure | Permanent Court of International Justice | Mots clefs: Arbitrage international | Mesures conservatoires | Droit international de procédure | Cour permanente de Justice internationale | ABSTRACT Paul Guggenheim examines Provisional Measures in Arbitral and Judicial Proceedings under public international law. He successively studies the provisional measures in the judicial and arbitral conventions of the New World; the provision…

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 …

R. Parra, Antonio Keywords: International Centre for Settlement of Investment Disputes | Foreign direct investment | International arbitration | Convention on the Settlement of Investment Disputes between States and Nationals of Other States (Washington, D.C., 18 March 1965) | Mots clefs: ABSTRACT This course is centered on the Convention on the Settlement of Investment Disputes between States and Nationals of other States, and the work of the organization established by the Convention (ICSID Convention), the International Centre for Se…

M. Spofford, Charles Keywords: State contracts | Private international law | Judicial settlement of international disputes | International arbitration | Mots clefs: Contrats d'Etat | Droit international privé | Règlement judiciaire des différends internationaux | Arbitrage international | ABSTRACT Charles M. Spofford focuses in this course on economic transactions involving a State acting as such and a private party. After a presentation of the impact of contemporary developments (1964) in the field, the author focuses on institution…

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 …

Lauterpacht, LL. D., H. Keywords: International arbitration | Pacific settlement of disputes | Mots clefs: Arbitrage international | Règlement pacifique des différends internationaux | ABSTRACT According to the doctrine of non-justiciable disputes and the condition of the specific nature of international conflicts and international relations, there are certain types of dispute, the subject matter of which is not amenable to judicial settlement as a consequence of an obligation entered in advance into the context of comp…

M. Mosk, Richard Keywords: Factfinding | International arbitration | Procedure | Evidence | Mots clefs: Faits | Arbitrage international | Procédure | Preuves | ABSTRACT Richard Mosk, Associate Justice at the California Court of Appeal in Los Angeles, started his career by taking part in the Warren Commission that was created to investigate the assassination of President Kennedy. Convinced of the important role that facts play in the resolution of disputes, the author starts by a general explanation of what facts are and…

Strupp, Karl Keywords: Equity | International arbitration | Mots clefs: Equité | Arbitrage international | ABSTRACT Despite the growing importance of international arbitration and justice, according to Karl Strupp, there are not many subjects that are more obscured by philosophical considerations, that is, too little legal considerations, in comparison to the question of the right of the international judge to rule on the basis of equity. The author begins his course with a study of the historical development o…

Kreindler, Richard Keywords: International commercial arbitration | International arbitration | Arbitration court | Arbitral competence | Legality | Corruption | Mots clefs: ABSTRACT The point of this lecture is to give a better understanding of illegality and its different forms in international law, as it can have different forms and exist in many circumstances. It is important to understand the context of private international law versus public international law, as public policy plays an important part in internat…

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 The point of this class is to address the situation of the legal profession under actual circumstances. As the business is global, the legal profession is too, and it is put under special regulations. The third chapter of the class points that internalizati…

B. Sohn, Louis Keywords: International arbitration | Mots clefs: Arbitrage international | ABSTRACT The main thesis expressed in Louis Sohn's course is that over the previous fifty years (the author wrote in 1963) the role of arbitration of disputes between States has undergone a significant change. This change has found a clear expression in treaties and other international agreements, and has a lesser scope in international practice. It has often gone unnoticed in the doctrine of the subject. The author ex…

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 …

Borel, Eugène Keywords: International arbitration | Arbitral awards | Appeal | Mots clefs: Arbitrage international | Sentences arbitrales | Recours | ABSTRACT Eugene Borel states that all the authors who focus on the issue of review procedures against arbitration decisions recognize the usefulness of remedying the state of law as it appears in 1935, and which cannot be considered as satisfactory, says the author. This observation justifies the research undertaken by Eugene Borel and the presentation in this course. Tous les auteurs qui se sont intéressés à la question des …

V. M. Struycken, A. Keywords: State contracts | Foreign direct investment | Lex fori | International arbitration | Public international law | International economic relations | International Centre for Settlement of Investment Disputes | Mots clefs: ABSTRACT Starting with an overview of international economic relations and foreign investments, this course aims to understand State contracts and international arbitration. It shows reflection on two main points that are essential to State contracts in private international law: the la…

Makowski, Julien Keywords: International arbitration | Mots clefs: Arbitrage international | ABSTRACT Julien Makowski begins his course on The Current Organization of International Arbitration with a presentation of forms of arbitration: diplomatic negotiations, the constitution of a body directly dependent on the parties, and the constitution of a body independent of the parties. He then studies the sources of arbitration - isolated arbitration and institutional arbitration. Finally, the author discusses a…

, Keywords: International arbitration | Mots clefs: Arbitrage international | ABSTRACT Limburg explains that the authority of res judicata in domestic law consists of the application of the principle ne bis in idem, the importance of the principle can be seen in both its negative and positive effects. For this principle to work, the same parts, the same object, and the same cause of action must be encountered. The other two effects that are generally attributed to the res judicata, execution and probative …

M. De Boer, Th. Keywords: International commercial arbitration | International arbitration | Choice of law | Lex fori | International law of procedure | Mots clefs: ABSTRACT In arbitration, choice-of-law issues are more complicated than they are in ordinary litigation, as an arbitral tribunal is not bound to the lex fori of the state in which it sits. This lack of obligation to a specific set of national choice of law rules, this freedom of disposition, can lead the tribunal to apply any rule of law that it would deem “appropriate”. The author …

, Keywords: International arbitration | Mots clefs: Arbitrage international | ABSTRACT Simon Rundstein points out in the introduction to his course that the subject proposed in his study seems to hide some contradictions, which require explanation and clarification. The two "provinces" of law - international law and private law - are quite distant from each other, but at the same time they seem to be so close, so close to each other, that jurisdictional disputes over their mutual delimitation are reminisce…

McLachlan, Campbell Keywords: Exception de litispendance | International law of procedure | Private international law | Public international law | International arbitration | International commercial arbitration | Mots clefs: Litispendance | Droit international de procédure | Droit international privé | Droit international public | Arbitrage international | Arbitrage commercial international | ABSTRACT Campbell McLachlan, Professor at Victoria University of Wellington, devotes his course to lis pendens in international law. After a detailed intro…