Arbitration as Balanced Administration of Justice: Essays In Honour of Piero Bernardini

Author:   Massimo Benedettelli ,  Andrea Carlevaris ,  Antonio Crivellaro ,  Maria Beatrice Deli
Publisher:   Brill
ISBN:  

9789004694903


Pages:   502
Publication Date:   08 August 2024
Format:   Hardback
Availability:   In Print   Availability explained
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Arbitration as Balanced Administration of Justice: Essays In Honour of Piero Bernardini


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Overview

Arbitrators are called to settle disputes balancing the opposing interests of the parties and the different legal systems relevant to the resolution of the dispute. This book collects the essays offered by colleagues and friends of Piero Bernardini, a leading international arbitrator who proved to be a champion in achieving balance in the administration of justice through arbitration.

Full Product Details

Author:   Massimo Benedettelli ,  Andrea Carlevaris ,  Antonio Crivellaro ,  Maria Beatrice Deli
Publisher:   Brill
Imprint:   Martinus Nijhoff
Weight:   0.992kg
ISBN:  

9789004694903


ISBN 10:   9004694900
Pages:   502
Publication Date:   08 August 2024
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   In Print   Availability explained
This item will be ordered in for you from one of our suppliers. Upon receipt, we will promptly dispatch it out to you. For in store availability, please contact us.

Table of Contents

Essays in honor of Piero Bernardini  Foreword by the Editors A Colleague, a Friend  By Andrea Giardina Notes on Contributors 1 The Proper Role of the Seat in International Commercial Arbitration: a Minimalist Perspective  Diego P. Fernandez Arroyo and Luca G. Radicati di Brozolo 2 Res Judicata as a Principle of Internationa Law  John Beechey and Niccolò Landi 3 Roman Law Legacies for International Arbitration in the Third Millennium  Massimo V. Benedettelli 4 ICC Award of 5 June 1996 No. 7375: a Significant Recognition of the Role of the UNIDROIT Principles in International Arbitration  Michael Joachim Bonell 5 State Representation in International Arbitration a Tale of Two Governments  Federico Alberto Cabona 6 Sports Arbitration and the Guarantees of Article 6.1 of the European Convention on Human Rights: the Case of Mutu and Pechstein  Prof. Lucius Caflisch 7 The Arbitrator’s Duty of Freedom  Thomas Clay 8 The Applicable Law in Arbitration Proceedings at the Court of Arbitration for Sport  Massimo Coccia 9 The Arbitrator’s Duty of Disclosure: International Experience and Italian Law  Diego Corapi 10 Corruption and Arbitration: Arbitrability, Jurisdiction, Admissibility or Merits?  Giuditta Cordero-Moss 11 War Claims in Investment Arbitration  Antonio Crivellaro 12 Revision of the Award by the Arbitrators: an Issue to Revisit?  Antonias Dimolitsa 13 State University of Milan – Law Faculty – International Law  Luigi Fumagalli 14 Piero Bernardini’s Legacy in Investment Arbitration: the Philip Morris V Uruguay Case  Meg Kinnear and Carlos Molina Esteban 15 “Bifurcation” of Arbitral Proceedings Considered from a Different Angle  Richard Kreindler and Roberto Argeri 16 The Tribunal’s Reasoning: Is Investor-State Arbitration Special?  Carolyn B. Lamm, Eckhard Hellbeck, and Maximilian Clasmeier 17 The Law Applicable to Issues of Proof in International Arbitration  Pierre Mayer 18 Walking the Extra Mile on the “Extension” of the Arbitration Agreement to non-Signatories? A French Perspective  Alexis Mourre and Valentine Chessa 19 Soft Law in International Investment Arbitration  Fulvio M. Palombino 20 After Komstroy: Resolving the Conflict between the EU Court of Justice and ICSID Tribunals on ECT intra-EU Arbitration by Denying Their Jurisdiction Based on the Lisbon Treaty as an Inter-se Agreement pursuant to Article 41 VCLT  Giorgio Sacerdoti 21 Experts as Tribunal Advisors and Specific Performance: Piero Bernardini Legacy for Technically Complex Cases  Michael E. Schneider 22 Notice and Wait  Christoph Schreuer 23 Evolution and Improvement of the Investor-State Dispute Settlement System: the UNCITRAL and ICSID Contribution  Bernardo Sepúlveda Amor and Pamela Payró Katthain 24 Separability and the Law Applicable to the Substantive Validity of Arbitration Agreements  Giovanni Zarra Index

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Author Information

Massimo Benedettelli was full professor of International Law at the Department of Law of the University Aldo Moro (Bari, Italy) until February 2023, and is now Fellow of Business Law and Director of the program on International Arbitration and Risk Management at SDA Bocconi, Milan. He is the Italian member of the ICC Court of Arbitration. Andrea Carlevaris is the President of the Italian Association for Arbitration and a former Secretary General of the ICC International Court of Arbitration. He is the author of numerous publications on international law and international arbitration and a former member of the ICC International Court of Arbitration and of the Board of Directors of the SCC Arbitration Institute. Antonio Crivellaro is a former Professor of international law and international trade law. He is the author of several publications on the law of international investments, contracts, and arbitration, and editor in chief of Diritto del Commercio Internazionale. He is a former Member of the ICSID List of Arbitrators for Italy. Maria Beatrice Deli is Professor of International Law at Universitas Mercatorum (Rome, Italy). She is Secretary General of the Italian Association for Arbitration and Co-Director of the Certificate in International Commercial and Investment Arbitration.

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