Bungenberg / Weber

INTERNATIONAL DISPUTE RESOLUTION SELECTED DOCUMENTS

Third revised and extended edition

Buch, Englisch, 872 Seiten

Reihe: Selected legal documents / Europa-Institut of Saarland University

ISBN: 978-3-946851-37-0
Verlag: Alma Mater


The Europa-Institut, as the editor of this edition, is the second oldest institution of its
kind in Europe. More than 5.000 students from all over the world have been educated in the
fields of European and International Law at the Europa-Institut since its foundation in 1951.
Each year students from over 30 countries enroll in the one-year postgraduate master
program “European and International Law” to study the legal, political, economic and cultural
foundations of the European Union as well as various areas of public international law.
The program is characterized by six modules which provide students with greater freedom
of choice with regard to the courses they wish to attend and which also allow for a high degree
of specialization. The six modules are European Integration, European Economic Law,
Foreign Trade and Investment, International Dispute Resolution and European, International
Protection of Human Rights and IT Law. The program can be completed entirely in English,
entirely in German or through a combination of the two languages and results in the
attainment of the title “Master of Laws (LL.M.)”.
This is the third edition of “International Dispute Resolution – Selected Documents”,
which builds upon, revises and extends the already comprehensive collection of documents
(treaties, model laws, national laws, arbitration rules etc.) contained in the previous issues.
Its aim is to take stock of the developments in the area of International Dispute Resolution,
be it amendments to existing documents or entry into force of new ones, as well as to
broaden the existing selection. One thing remains however unchanged – this edition too
addresses not only the students of our LL.M. program, but also universities in general,
practitioners, policy-makers and international lawyers.
Preface 5
This third edition (1) provides technical corrections, updates, and clarifications, and (2)
adds the IBA Report on the Public Policy Exception in the New York Convention, the ICSID
Institution Rules, Conciliation Rules and Additional Facility Rules, the Mauritius Convention
on Transparency, the Investment Chapter of the Comprehensive Economic and Trade
Agreement, the Energy Charter Treaty, the EU-Singapore Investment Protection Agreement,
the French Arbitration Law, the PCA and SCC Rules of Arbitration, the ICJ, ITLOS and CAS
Rules, and EU Regulations related to Investor-State Dispute Settlement to the reader. In
all, this new edition aims to include documents which reflect the latest developments in
international commercial and investment arbitration.
International dispute resolution is a truly international area of law. Domestic perceptions
are often challenged. In addition to traditional positive law, soft (transnational) rules of law
have been firmly established as applicable norms for arbitral decision-making. Sources
of substantive law have a different dynamic than in domestic litigation and domestic
arbitration. International arbitration lawyers, and students, find themselves working in
many different jurisdictions and with different laws. Students with a good grounding in their
domestic legal system are educated to be capable and even enthusiastic about working in
different legal systems. As a result, they become cosmopolitan and internationalist in outlook
and disposition.
Rules on international dispute resolution, in particular on international commercial
arbitration, are an anthology of international treaty rules, arbitration rules (soft law), and
domestic rules which are mainly enabling default rules of the organization and conduct of
arbitral proceedings. During the last thirty years, the international dispute resolution laws
and rules were shaped in manifold ways: traditional positive domestic law was harmonized
through the implementation of model laws, soft (transnational) rules of law, mostly
developed by arbitration practitioners, have firmly established themselves as applicable
norms for arbitral decision-making, and the Convention on the Recognition and Enforcement
of Foreign Arbitral Awards (New York Convention) has been shaped by interpretation and
application of state courts and become the anchor of international arbitration.
Although information on international dispute resolution laws and rules is readily
available on the internet, and the proliferation of academic and legal writing is rather
unparalleled both in terms of quantity and quality, there has been a lack of a compilation of
manageable size that focuses on the primary sources of international dispute resolution laws
and rules, including investment arbitration. We selected those international treaties, model
laws, national laws, arbitration rules and other documents which are of particular importance
in our academic context. The book, therefore, places a special emphasis on inter -
national arbitral proceedings under the ICC Rules, the DIS Rules, the Vienna Rules, the Swiss
Rules, the UNCITRAL Rules, and the ICSID Rules.
This book is not only a valuable tool for students in our postgraduate master’s program
at the Europa-Institut of Saarland University, but also to the academic community in general,
as well as to arbitration lawyers and arbitrators, in particular, when practicing in Europe.
Students are invited to use the original texts in this book to draw out the themes and
principles on which international dispute resolution is based. In this way, students are
6 Preface
encouraged to develop an intellectually and analytically appropriate approach which will
permit them to tackle issues relating to international dispute resolution.
We take this opportunity to thank everyone who over the past six years have provided
us with suggestions and corrections for improving this book. We are grateful to Prof. Dr.
Thomas Giegerich, LL.M. (Director of the Europa-Institut) and Akad. Dir. Julia Legleitner,
LL.M. (program director of the Europa-Institut) for supporting this project which otherwise
would have been impracticable. This book could not have been achieved without the
contribution of Ass. iur. Christina Backes (managing editor), Angshuman Hazarika, LL.M.,
Stefan Unterleithner, and Corina Voda?, LL.M. (text editors), and Uwe Loebens (art editor).
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