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OverviewArbitrators 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 DetailsAuthor: Massimo Benedettelli , Andrea Carlevaris , Antonio Crivellaro , Maria Beatrice DeliPublisher: Brill Imprint: Martinus Nijhoff Weight: 0.992kg ISBN: 9789004694903ISBN 10: 9004694900 Pages: 502 Publication Date: 08 August 2024 Audience: Professional and scholarly , Professional & Vocational Format: Hardback Publisher's Status: Active Availability: In Print 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 ContentsEssays 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 IndexReviewsAuthor InformationMassimo 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. Tab Content 6Author Website:Countries AvailableAll regions |