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Arbitration of International Business Disputes Studies in Law and Practice


William W. Park is a leading expert in international commercial arbitration. This new book is a coherent and focused collection of his most important and timeless articles on trade dispute settlement. The original articles have been revised and updated to offer a contemporary perspective, while the collection is preceded by a large new article that summarizes key topics. The book is written for serious arbitration practitioners and academics. “Every few years, in most disciplines, there is a book that is very special. In our dispute resolution discipline, only one or two brilliant minds have tried to gather, digest, analyze and explain all the knowledge on a subject as vast as international commercial arbitration. Professor Park did this and more: he gave each topic a new twist. “This is a book to read for anyone who wants to understand the evolution of arbitration over the past quarter century. Gabrielle Kaufmann-Kohler, President of the Swiss Arbitration Association The original articles have been revised and updated in depth to offer a contemporary perspective, while the collection is preceded by an important new article, Procedural Evolution in Business Arbitration: Three Changing Studies, which summarizes the key topics.

The foreword is by Gabrielle Kauffmann-Kohler, President of the Swiss Association for Arbitration. The book will appeal to serious arbitration practitioners and academics. William W. (Rouillé) Park is a professor of law at Boston University, a respected arbitrator and president of the London Court of International Arbitration. His practice and teaching focus on international financial and business transactions. Previously, he was Director of Banking Law at Boston University and held visiting professorships at the Universities of Cambridge, Dijon, Hong Kong, Auckland and Geneva, as well as the Fletcher School of Law and Diplomacy. He has acted as an arbitrator in ICC, AAA, LCIA, ICSID, IACAC, UNCITRAL and ad hoc proceedings, retiring in French and English. In 2008, he was appointed to the Panel of Arbitrators of the International Centre for Settlement of Investment Disputes. Park has published numerous publications and is also Editor-in-Chief of Arbitration International, the official journal of the London Court of International Arbitration (LCIA). Arbitration of International Business Disputes 2nd edition is a fully revised and updated anthology of essays by Rusty Park, a leading expert on international arbitration and a sought-after arbitrator for trade and investment agreements. This collection focuses on controversial issues in the arbitration of commercial, financial and investment disputes. The essays address some of the most interesting topics in the settlement of cross-border trade disputes, many of which have been going on for several decades and remain subject to radically different points of view.

Examples include the appropriate role of judicial review, the division of adjudicative functions, the development of the legal and contractual framework for arbitration, free trade and bilateral investment treaties, and the balance between fixed rules and arbitrator discretion. The book is divided into three themes: the legal framework for arbitration; the conduct of arbitration proceedings; and a comparison of arbitration in certain areas such as finance, intellectual property and taxation. In each of these areas, the analysis includes the tensions between fairness and efficiency and the correct application of substantive law, as well as the impact of mandatory procedural standards. Complemented by more than a dozen new contributions and a revised introduction, this 2nd edition retains all its previous practical and scientific relevance and contains a preface by V. V. (Johnny) Veeder QC. The book is divided into five themes: Procedural Development in Commercial Arbitration; issues related to the legal framework (e.g. B arbitration, nullification effect and investment arbitration); arbitration, which focuses on the tensions between fairness and efficiency and substantive standards; and a comparison of the application of arbitration to finance, intellectual property and taxation. In this growing and developing area of law, many of these debates have been repeated for several decades and remain subject to radically different points of view.

Examples of the issues examined by Professor Park are the appropriate role of national laws on arbitration, investment arbitration in the context of free trade agreements, and the balance between fixed rules and arbitration discretion. “This book is very well researched with detailed and useful footnotes and very detailed case tables and other legal resources relevant to the field. It is a precise and complete reference in the field of international arbitration. iArbitration of International Business Disputesr is impressive work. – Ted Gleason, The Colorado Lawyer “This 2nd edition retains all its previous practical and scientific relevance and includes a preface by V.V. (Johnny) Veeder QC. It is an essential text for international arbitration practitioners around the world, as well as for academics and students at all levels. – AsA Bulletin “Arbitration of international trade disputes is an impressive job.. .

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