In recent years, international commercial arbitration procedures have made great advances in bringing different traditions of law and practice into line. ICC Publishing's latest publication, Parallel State and Arbitral Procedures in International Arbitration, examines the practical issues that can develop when there are parallel arbitrations involving different arbitrators and when commercial arbitrations run in tandem with state legal procedures.
In response to the conflicts that might emerge when a commercial arbitration takes place along with other commercial and investments arbitrations or legal proceedings, a number of sensitive issues are raised:
• the same dispute can lead to contradictory awards;
• the risk of arbitral forum shopping, which might provoke public policy problems;
• issues of waiver and estoppel.
This concluding paper seeks only to identify and describe issues rather than to sum up and provide answers. One subject that the authors address is the different issues for resolution - legal, commercial and practical - occurring at a national as well as an international level. The debate concerns whether, and the extent to which, national and international legal instruments can and should regulate these issues.
Parallel State and Arbitral Procedures in International Arbitration also examines the increase in states' direct and indirect involvement in international commerce due to the quickening pace of globalization since the latter part of the 20th century. The extent to which a state, exercising its normal sovereign powers, can justifiably interfere with contractual rights of foreign investors is explored as a major issue. The authors ask: "Are we ready to accept and apply an international legal regime to regulate investments around the world and disputes arising, and being resolved, in investment arbitrations?"
This new publication is the third title in a renowned series of dossiers published by the Institute of World Business Law. It is written by expert arbitrators and practioners, some of whom are affiliated with ICC's Court of Arbitration, one of the world's oldest and most respected international arbitration institutions. Parallel State and Arbitral Procedures in International Arbitration is an indispensable guide for arbitrators, lawyers and anyone with an interest in arbitration procedures. This publication is now available from the online bookstore:
www.iccbooks.com
Contents
• Contract and treaty clamis and choice of forum in foreign investment disputes;
• Contractual claims and treaty claims with ICSID arbitration system;
• Some observations on the role of the state in investor-state dispute settlement: Horizontal issue still over the horizon;
• Consolidation of arbitral and court proceedings in investment disputes;
• Arbitral forum shopping;
• Lis pendens arbitralis;
• Res judicata and estoppel
To coincide with the launch of Parallel State and Arbitral Procedures in International Arbitration, ICC Publishing is pleased to announce a special offer on the two previous dossiers: Arbitration and Oral Evidence (Pub N° 689) and Arbitration, Money Laundering, Corruption and Fraud (Pub N° 651). Customers who buy both (Pub N° 689 and Pub N° 651) pay 104 euros instead of 114 euros, representing a saving of 10 euros.
This special offer is available online from
www.iccbooks.com