40 under 40 International Arbitration (2018)

Resumen del libro

The importance of this book can hardly be overstated. 40 bright and experienced practitioners, below 40 years of age, coming from all continents, almost half of them women, is an almost perfect image of the arbitration world of tomorrow. Achieving greater gender, generational and regional diversity is fundamental condition for maintaining trust in arbitration as a global system of justice and as a fair and legitimate means of resolving international business disputes with globalization and the rise of emerging markets, in particular in Asia and Africa, arbitral institutions need to reach out to a much broader population of arbitrators of diverse origins and experiences if it wants to meet the needs of the users of arbitration in the decades to come.

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This book brings together forty authors who are among the most promising rising stars in international arbitration. The topics elected by the authors go to the fundamentals of arbitration, such as due process, independence and impartiality the role of good faith, and human rights. The book also addresses  in a talented and often innovative way novel questions such as the role of psychology in arbitration, cognitive biases, third-party funding or the way in which technology will transform our profession in the years to come. My only wish is to see further editions of this remarkable book, and to see more authors from Africa and Asia amongst its future authors. I have no doubt that Carlos González-Bueno will heed this call. We should all be grateful to him for this remarkable initiative, which will greatly contribute to open the door to the new generation of arbitrators.

(Alexis Mourre)

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Foreword by Alexis Mourre

President, ICC International Court of Arbitration

Independent Arbitrator

Índice

Editor’s Biography

Foreword by Alexis Mourre

Editor’s note

ARBITRATORS: IS’S NOT ALL ABOUT INDEPENDENCE AND IMPARTIALITY

Unmeritorious challenges: is it time to say enough?, Chistian Albanesi

What would have happened if? The role of hypothesis, assumptions, good faith estimates and speculation in determining the quantum of damages, Derek A. Soller

Increasing transparency and diversity in arbitrator election: the givers’ proposal, Elisa Vicente Maravall

Duties of good faith. The challenge of a mixed civil and common law tribunal, Jennie Wild

Cognitive biases: what are they, do they affect arbitrators, and if so, can that influence be avoided?, José M. Figaredo

Double-hating in international commercial arbitration?, María Angélica Burgos

Recognition of an unenforceable award: the art of drafting requested reliefs, Seokchun Yun

EFFICIENCY: REDUCING COSTS, TIME AND COMPLEXITY

Dispositive motions in international arbitration: a move from ‘can we’ to ‘should we’, Gretta L. Walters

Restoring efficiency to international arbitration: five core recommendations, Ina C. Popova

Are international arbitration agreements suitable drafted?, José Ángel Rueda García

Allocating costs to Foster efficiency and fairness, Luis Fernando Rodríguez

Efficiency and costs in international arbitration, María Juliana Muci Richa

Choosing your rules: considerations when drafting arbitration clauses, Margaret Ciavarella

Fast-track arbitration: back to basics?, Rute Alves

Time is Money: techniques for less costly and more expedited arbitral proceedings, Silvia M. Marchili

PROCEDURAL GUARANTEES V. DUE PROCESS PARANOIA

Dealing with non-existing claimants: challenges and solutions, Antonio Gordillo Fernández de Villavencio

Winds of change? Confidentiality and transparency in international commercial arbitration, Emily Hay

The use of document production as a strategic tool in international commercial arbitration, Juan C. García

Remedying breaches of representations and warranties – English and Polish Law perspectives, Michal Jochemczak

Early dismissal of unmeritorious claims and defences in international arbitration, Nicolás Costábile

TAKING OF EVIDENCE: CAN A CONSENSUS BE REACHED?

Court assistance in acquiring evidence in international arbitration, Rahul Donde

Ten things to consider when seeking adverse inferences in international arbitration, Sam Luttrell

Privilege in international arbitration, Zara Shafruddin

RECENT TRENDS IN INTERNATIONAL COMMERCIAL ARBITRATION

Formally involving new stakeholders in arbitration: revisting the tribunal secretary, Annie Lespérance

Why haven't we seen more international human rights law issues in international investment arbitration?, Ari D. MacKinnon

The use of technology in international arbitration, Emma Martin

Review of emergency arbitral relief - Recent developments in us case law, Erin Thomas

The future of cross-border disputes settlement: back to litigation?, Giulio Palermo

International tax arbitration: recent developments and forthcoming improvements, John Adam

Price revision in long-term energy contracts: when is it possible to adjust prices or modify the terms of a long-term energy contract under Swiss law?, Sebastiano Nessi

Delivering justice or resolving the dispute?, Simon Greer

Cross currents? How national ethics rules affect international arbitration, Stephan Adell

CHALLENGES OF INTERNATIONAL COMMERCIAL ARBITRATION

Minimising the risk of annulment or refusal of recognition of a commercial arbitration award on the grounds of public policy, Beverly Timmins

Two heads are better than one: parallel contract and investment traty claims, Caroline S. Richard

What's Law got to do with it? The role of governing Law in international commercial arbitration, Jennifer L. Permesly

Enforcement of annulled arbitral awards in the United States: discretion to confirm an arbitral award constrained by principles of comity, Maria Slobodchikova

Recovering the costs of third-party funding - From impossible to plausible, Sebastian Mejia FCIArb

The arbitral process: procedural issues in cases alleging corruption, Soledad G. O'Donnell

International commercial arbitration and anti-corruption statutes, Susan Keller-Garcia

International commercial arbitration and parallel criminal proceedings, Théobald Naud