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Multiparty Arbitration

 

Multiple Party Actions in International Arbitrations

 

This volume presents a collection of articles which examine international multiparty arbitration and its attendant problems from both a conceptual and a practical perspective.


The authors, a group of distinguished academics, jurists and practitioners widely regarded as experts in the field, cover important topical issues such as: who are the proper parties to arbitration; consent to arbitrate; joinder of parties and consolidation of arbitral proceedings; arbitral procedures where multiple parties are involved; procedures of arbitral institutions and the challenges of administration of multiparty arbitrations; specific aspects of investment arbitrations involving multiple parties; investment arbitration involving multiple parties and multiparty issues in investor-state arbitration; classwide arbitration and arbitrating mass investor claims; lessons that can be learnt from mass claims processes; and enforcement issues. The book also includes a practitioner-oriented discussion of multiparty arbitration in the construction industry.

 

 

This volume comprises:

PART I: DEFINING THE PROBLEM: WHO ARE THE PROPER PARTIES TO ARBITRATION?
Non-signatories and International Arbitration: An Arbitrator's Dilemma by William W. Park
Multiple Parties and Multiple Contracts in International Arbitration by Bernard Hanotiau
"Consent" to Arbitral Jurisdiction: Disputes with Non-signatories by Alan Scott Rau
Beyond Consent: Applying Alter Ego and Arbitration Doctrines to Bind Sovereign Parents by Timothy Tyler, Lee Kovarsky and Rebecca Stewart
Extension of the Arbitration Clause to Non-Signatories under French Law by Pierre Mayer

PART II: THE INSTITUTIONAL PERSPECTIVE
Multiparty Arbitration: The ICC International Court of Arbitration Perspective by Anne Marie Whitesell
Multiple Parties, Multiple Problems: A View from the London Court of International Arbitration by Adrian Winstanley
Consolidation ofArbitral Proceedings in the Netherlands: The Practice and Perspective of the Netherlands Arbitration Institute by Jan Willem Bitter

PART III: MULTIPLE PARTIES AND INVESTMENT ARBITRATION
Multiple Claimants in Investment Arbitration: Shareholders and Other Stakeholders by R. Doak Bishop
Multiple Party Investment Dispute Resolution: Who are the Proper Parties? by Alexandra Koutoglidou
The Manifold Respondent: Multiparty Issues Involving States in Investor-State Arbitration by Vaughan Lowe

PART IV: MASS CLAIMS AND CLASS-WIDE ARBITRATION
Arbitrating Mass Investor Claims: Lessons of International Claims Commissions by Veijo Heiskanen
The Administration of Class Action Arbitrations by Eric P. Tuchmann
Class-wide Arbitration in California by Richard Chernick

PART V: ENFORCEMENT ISSUES
The Globalization of American Class Actions: International Enforcement of Class Action Arbitral Awards by Alexander Blumrosen
Complex Arbitration: Issues in Enforcement and Annulment Actions of Arbitral Awards under French Law by Dominique T. Hascher

PART VI: PRACTICAL SOLUTIONS TO MULTIPARTY PROBLEMS
Multiparty Arbitration in the Construction Industry by John Marrin

 

Price: £69.95 (Hardback)
ISBN: 978-0-19-955172-9
Publication date: 25 January 2009
368 pages, 246mm x 171mm
To order contact Oxford University Press

 

Mass Claims

 

Redressing Injustices Through Mass Claims Processes: Innovative Responses to Unique Challenges

 

This volume presents a collection of studies on innovative responses to the unique challenges of resolving large numbers of claims arising from common, often tragic, circumstances—mass claims. The mass claims processes discussed in this volume were created in the aftermath of war or other atrocities, and redress is often an important component of settlement for the victims. The authors consider mass claims processes both from a conceptual and a practical perspective through lessons learned over twenty-five years.


 

 

 

The book covers innovations to speed mass claims processes by means of new standards of proof and the use of information technology, as well as specific mass claims processes: the United Nations Compensation Commission; the Austrian General Settlement Fund; the French Commission for the Compensation of Victims of Spoliation; the German Forced Labour Compensation Programme; and the reparations provisions of the Statute of the International Criminal Court. From a North American perspective, authors address the litigation of mass claims involving slavery under United States law, the United States Indian Claims Commission, and the successful completion of the September 11th Victim Compensation Fund. In addition, Volume 1 of the Final Report of the Special Master of the September 11th Victim Compensation Fund is reprinted in its entirety.

 

The responses of the international community to current issues of compensation and reparations, the role of civil society actors in reparations legislation, and recent instruments adopted by the Council of Europe and the United Nations Commission on Human Rights are also reviewed.

This volume comprises:

 

PART I: INNOVATIONS TO SPEED MASS CLAIMS: NEW STANDARDS OF PROOF AND USES OF INFORMATION TECHNOLOGY

The Concept of Mass Claims and the Specificity of Mass Claims Processes by Hans Das
Innovations to Speed Mass Claims: New Standards of Proof by Jacomijn van Haersolte-van Hof

Virtue Out of Necessity: International Mass Claims and New Uses of Information Technology by Veijo Heiskanen

 

PART II: PAST AND CURRENT MASS CLAIMS PROCESSES: LESSONS LEARNED

Mass Claims Processes: Lessons Learned Over Twenty-Five Years by John R. Crook

Raising the Stakes: Evidentiary Issues in Individual Claims Before the United Nations Compensation Commission by Rajesh Singh

The Austrian General Settlement Fund: An Overview by Hannah Lessing, Richard Rebernik and Nicola Spitzy

Processing Claims for “Other Personal Injury” Under the German Forced Labour Compensation Programme by Edda Kristjánsdóttir and Barbora Simerova

The French Commission for the Compensation of Victims of Spoliation: A Critique by Eric Freedman

The United States Indian Claims Commission: A Remedy for Ancient Wrongs, A Source of New Wrongs by Thomas E. Luebben

Litigating Mass Claims Involving Slavery and Jim Crow under United States Law by Roy L. Brooks

Compensating the Families and Victims of September 11th: An Alternative to the American Tort System by Kenneth R. Feinberg

 

PART III: REPARATIONS: RECOURSE TO JUSTICE

The Role of Civil Society Actors in Reparations Legislation by Andrea Armstrong

Compensation for Victims of Terrorism: The Council of Europe’s 2005 Guidelines on the Protection of Victims of Terrorist Acts

Codifying the Rights of Victims in International Law: Remedies and Reparation by Gabriela Echeverria

The Reparations Provisions for Victims Under the Rome Statute of the International Criminal Court by Gilbert Bitti and Gabriela Gonzales Rivas

 

PART IV: APPENDIX

Final Report of the Special Master of the September 11th Victim Compensation Fund, Vol. 1

 

Price: £60.00 (Hardback)
ISBN-10: 0-19-929793-2
ISBN-13: 978-0-19-929793-1
Publication date: 23 February 2006
544 pages, 234mm x 156mm
To order contact Oxford University Press