Sinopsis

The highly awaited third edition of this book, in which 40 practitioners under the age of 40 address the important issues of today in international arbitration, confirms the success of this venture. This book reveals how much international arbitration has changed from when I started my career over 20 years ago. And arbitration is all the better for it. I am thinking in particular of the great strides made to increase diversity in gender, age, language and geography among the practitioners in this field. This book is an essential part of that process. There is of course more to do, but I can see how far we have come. This book sets out in compelling fashion what the next generation of arbitration practitioners consider to be the main challenges we face in arbitration. The con- tributors to this book cover a broad range of topics, from the most cutting-edge issues of today to the issues that always stay current in this field. Topics include the impact on arbitration of new technologies like AI, outer space disputes and disputes relating to cryptocurrencies. The book also addresses recent develop- ments, such as summary dismissal of arbitral claims, and the role of regionalism in arbitration. The book analyzes perennially relevant issues such as jurisdiction, evidence, damages, annulment, enforcement, emergency arbitration, dispute boards, the role of commercial courts, third party funding, ethics, and the repre- sentation of parties. Finally, the book addresses a topic that is essential to the in- tegrity of the arbitral process: the independence and impartility of arbitrators. In addition to covering such a wide range of topics, the book must also be praised for the diversity of its contributors, in age, gender, region, and practice. The book puts a spotlight on younger practitioners who may not have as many opportunities to share their views...

Índice

1) LIST OF AUTHORS

II) EDITOR'S BIOGRAPHY

III) FOREWORD BY NOIANA MARIGO

IV) EDITOR'S NOTE

I. ARBITRATION: ITS NOT ALL ABOUT INDEPENDENCE AND IMPARTIALITY

1. ARBITRATORS' FRIENDSHIP WITH COUNSEL: THE LAST FRONTIER? / Alexandre Reynaud

2. PARTY REPRESENTATION IN INTERNATIONAL COMMERCIAL ARBITRATION / Iñaki Carrera

3. COUNSEL ETHICS IN INTERNATIONAL ARBITRATION: A NO-MAN'S LAND OR A STRATEGIC PLAYGROUND? / Nuna Lerner

4. IURA NOVIT CURIA: LOOKING AT THE ISSUE FROM A DIFFERENT ANGLE / Pedro Arcoverde

5. ARBITRATORS' DUTY OF DISCLOSURE: WOULD MORE REGULATION LIMIT SET-ASIDE PROCEEDINGS? / Ricardo G. F. Torre

II. ARBITRABILITYAND OTHER FORMS OF DISPUTE RESOLUTION

6. LAW APPLICABLE TO THE ARBITRATION AGREEMENT: IS THE MATTER FINALLY SOLVED? / Isabela Lacreta

7. MULTI-TIERED DISPUTE RESOLUTION CLAUSES: ENFORCEABILITY AND REMEDIES / Joana Granadeiro

8. THE LAW GOVERNING SUBJECT MATTER ARBITRABILITY / Jonathan Lim

9. THE ISSUE OF 'ARBITRABILITY': WHO DECIDEs? / Juliana de Valdenebro Garrido

III. TALKING OF EVIDENCE: CANA CONSENSUS BE REACHED?

10. WITNESS EVIDENCE IN INTERNATIONAL ARBITRATION: PITFALS AND THE WAY FORWARD / Hangil Lee

11. SECTION 1782 AND INTERNACIONAL ARBITRATION: A MESSY DIVORCE? Lucas Bento

12. LEGAL EVIDENCE IN INTERNATIONAL ARBITRATION -DOES THE TRIBUNAL HAVE A DUTY TO ASK? / Mino Han

IV. PERSUASION AND DOCUMENT PRODUCTION

13. THE IMPORTANCE OF PERSUASION IN INTERNATIONAL ARBITRATION: HOW TO BUILD A PERSUASIVE CASE / Francisco Paniagua

14. LET'S TALK ABOUT WRITING / Mallory Silbernman

15. PRIVILEGE AND CONFIDENTIALITY IN DOCUMENT PRODUCTION: THE CLASH OF CIVILIZATIONS? / Sofia de Sampaio Jalles

V. EFFICIENCY: REDUCING COSTS, TIME AND COMPLEXITY

16. DISPUTE BOARDS-HOW TO MEET THE PLATYPUS? / Álvaro Soriano Hinojosa

17. EMERGENCY ARBITRATION: HISTORICAL CONTEXT, CURRENT LANDSCAPE, AND PRACTICAL ISSUES / Guilherme Piccardi

18. UNLOCKING THE POWER OF SEALED OFFERS IN INTERNATIONAL ARBITRATION / Lucía Montes Saralegui

19. ARBITRATION, EXPERT DETERMINATION AGREEMENTS, AND ISSUES THAT ARISE FROM THEIR COEXISTENCE / Marcela Levy

20. EARLY DETERMINATION IN INTERNATIONAL ARBITRATION: FROM 'SHOULD WE? To WHY NOT / Paris Aboro

VI. NEW TECHNOLOGIES, ARTIFICIAL INTELLIGENCE ETC.

21. SPACE: THE FINAL (ARBITRATION) FRONTIER? / Diego Durán de la Vega

22. BIG DATA THE KEY TO UNLOCKING ARBITRATOR APPOINTMENTS / Harsh Hari Haran

23. LEARNING FROM THE PAST -HOW Aľ'S PREDICTIVE ANALYTICS WILL CHANGE THE LANDSCAPE OF INTERNATIONAL ARBITRATION / Patrick T. Byrne

VII. CLIMATE CHANGING AND NATURAL RESOURCES IN INTERNATIONAL ARBITRATIONO2WA

24. CAN OUR TRADITIONAL LEGAL PRINCIPLES APPLICABLE TO DAMAGES ADAPT TO THE REALITY OF ESG CLAIMS? / Heidi López Castro

25. NEW HORIZONS: THE ROLE OF INTERNATIONAL ARBITRATION IN ENVIRONMENTAL, sOCIAL AND GOVERNANCE (ESG) DISPUTEs / Javier Echeverri

26 STABILIZATION CLAUSES IN AN INCREASINGLY UNSTABLE WORLD: A TOOL FOR SUSTAINABLE DEVELOPMENT IN MINING CONTRACTS / Laura Sinisterra

27. DAMAGES IN DISPUTES RELATED TO SUPPLY OF COMMODITIES / Matej Pustay

28. ARBITRATION OF CLIMATE CHANGE-RELATED CONTRACTUAL DISPUTES: REFLECTIONS ON THE AVAILABLE REMEDIES / Yael Ribco Borman

VIIL. CORRUPTION ISSUES AND INTERNATIONAL ARBITRATION PROCEEDINGS

29. FRAUD, STOP. PUBLIC POLICY AS THE LAST DEFENSE WHEN ARBITRATION HAS BEEN USED AS A WAY TO PROCURE FRAUD / Mayra Bryce Alberti

30. FINDING OF CORRUPTION IN INTERNATIONAL ARBITRATION: VICTIM'S CONTRIBUTORY FAULT AND RIGHT TO COMPENSATION / Nataliya Barysheva

IX. FINANCIAL AND ECONOMIC ISSUES

31. THIRD PARTY FUNDING-A GLIMPSE INTO THE FUTURE / Juan Camilo Jiménez-Valencia

32. ARBITRATION OF CRYPTO ASSETS' DISPUTES / Rafael Carlos del Rosal Carmona

X. CHALLENGES OF INTERNATIONAL COMMERCIAL ARBITRATION

33. ARBITRATION WITHOUT PRIVITY REVISITED / Arturo Muñoz

34. COLLECTIVE ARBITRATION: A NEW WAVE OR A FLOOD OF PROBLEMS? / João Vicente Pereira de Assis

35. LIMITATIONS OF LIABILITY AND THEIR LIMITATIONS / Lee Rovinescu

36. THE FULL PROTECTION AND SECURITY STANDARD: FINDING MEANING IN TIMES OF WAR / Noor Davies

37. REGIONAL ARBITRAL INSTITUTIONS: CONTRIBUTING TO THE LEGITIMACY OF INTERNATIONAL ARBITRATION? / Sarah Schröder

38. BUSINESS COURTS AND SEAT OF ARBITRATION / Sérgio Germano Nascimento

XI. ENFORCEMENT OFAWARDS

39. STARTING YOUR CASE FROM THE END: STRATEGIC CONSIDERATIONS ON RECOGNITION AND ENFORCEMENT / Camilla Gambarini

40. ENFORCEMENT OF ANNULLED AWARDS: A SEARCH FOR UNIFORMITY / Sandra González Varo