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Arbitration as Balanced Administration of Justice
Essays In Honour of Piero Bernardini
Arbitration is adjudication and, like any form of adjudication, it must ensure justice to parties. Justice requires that in settling disputes arbitrators constantly balance the opposing interests of the parties and the different legal systems relevant to the resolution of the dispute from time to time at hand. This book addresses such issues by looking at the different stages of arbitration: from the selection of the arbitral seat to the definition of jurisdictional limits, from the choice of applicable law to the revision of arbitral awards.
The book collects essays by colleagues and friends of Piero Bernardini, a leading practitioner of international arbitration who was a champion in achieving balance in the administration of justice through arbitration.
The book collects essays by colleagues and friends of Piero Bernardini, a leading practitioner of international arbitration who was a champion in achieving balance in the administration of justice through arbitration.
Massimo Benedettelli was full professor of International Law at the Department of Law of the University Aldo Moro (Bari, Italy) until February 2023, and is now Fellow of Business Law and Director of the program on International Arbitration and Risk Management at SDA Bocconi, Milan. He is the Italian member of the ICC Court of Arbitration.
Andrea Carlevaris is the President of the Italian Association for Arbitration and a former Secretary General of the ICC International Court of Arbitration. He is the author of numerous publications on international law and international arbitration and a former member of the ICC International Court of Arbitration and of the Board of Directors of the SCC Arbitration Institute.
Antonio Crivellaro is a former Professor of international law and international trade law. He is the author of several publications on the law of international investments, contracts, and arbitration, and editor in chief of Diritto del Commercio Internazionale. He is a former Member of the ICSID List of Arbitrators for Italy.
Maria Beatrice Deli is Professor of International Law at Universitas Mercatorum (Rome, Italy). She is Secretary General of the Italian Association for Arbitration and Co-Director of the Certificate in International Commercial and Investment Arbitration.
Andrea Carlevaris is the President of the Italian Association for Arbitration and a former Secretary General of the ICC International Court of Arbitration. He is the author of numerous publications on international law and international arbitration and a former member of the ICC International Court of Arbitration and of the Board of Directors of the SCC Arbitration Institute.
Antonio Crivellaro is a former Professor of international law and international trade law. He is the author of several publications on the law of international investments, contracts, and arbitration, and editor in chief of Diritto del Commercio Internazionale. He is a former Member of the ICSID List of Arbitrators for Italy.
Maria Beatrice Deli is Professor of International Law at Universitas Mercatorum (Rome, Italy). She is Secretary General of the Italian Association for Arbitration and Co-Director of the Certificate in International Commercial and Investment Arbitration.
Essays in Honor of Piero Bernardini
âForeword by the Editors
A Colleague, a Friend
âBy Andrea Giardina
Notes on Contributors
1 The Proper Role of the Seat in International Commercial Arbitration: a Minimalist Perspective
âDiego P. Fernández Arroyo and Luca G. Radicati di Brozolo
2 Res Judicata as a Principle of International Law
âJohn Beechey and Niccolò Landi
3 Roman Law Legacies for International Arbitration in the Third Millennium
âMassimo V. Benedettelli
4 ICC Award of 5 June 1996 No. 7375: a Significant Recognition of the Role of the UNIDROIT Principles in International Arbitration
âMichael Joachim Bonell
5 State Representation in International Arbitration: A Tale of Two Governments
âFederico Alberto Cabona
6 Sports Arbitration and the Guarantees of Article 6.1 of the European Convention on Human Rights: the Case of Mutu and Pechstein
âLucius Caflisch
7 The Arbitratorâs Duty of Freedom
âThomas Clay
8 The Applicable Law in Arbitration Proceedings at the Court of Arbitration for Sport
âMassimo Coccia
9 The Arbitratorâs Duty of Disclosure: International Experience and Italian Law
âDiego Corapi
10 Corruption and Arbitration: Arbitrability, Jurisdiction, Admissibility or Merits?
âGiuditta Cordero-Moss
11 War Claims in Investment Arbitration
âAntonio Crivellaro
12 Expert Witnesses and Arbitration with Seat in Italy
âGiorgio De Nova
13 Revision of the Award by the Arbitrators: an Issue to Revisit?
âAntonias Dimolitsa
14 Procedural âSoft Lawâ in International Commercial Arbitration: Oxymoron or Reality? The Case of the Taking of Evidence
âLuigi Fumagalli
15 Piero Bernardiniâs Legacy in Investment Arbitration: the Philip Morris v Uruguay Case
âMeg Kinnear and Carlos Molina Esteban
16 âBifurcationâ of Arbitral Proceedings Considered from a Different Angle
âRichard Kreindler and Roberto Argeri
17 The Tribunalâs Reasoning: Is Investor-State Arbitration Special?
âCarolyn B. Lamm, Eckhard Hellbeck, and Maximilian Clasmeier
18 The Law Applicable to Issues of Proof in International Arbitration
âPierre Mayer
19 Walking the Extra Mile on the âExtensionâ of the Arbitration Agreement to Non-Signatories? A French Perspective
âAlexis Mourre and Valentine Chessa
20 Soft Law in International Investment Arbitration
âFulvio M. Palombino
21 After Komstroy. Have the EU Member States Withdrawn by the Lisbon Treaty, as an Inter-se Agreement under Article 41 vclt, Their Consent to icsid Jurisdiction on ect Intra-EU Investment Disputes?
âGiorgio Sacerdoti
22 Experts as Tribunal Advisors and Specific Performance: Piero Bernardini's Legacy for Technically Complex Cases
âMichael E. Schneider
23 Notice and Wait
âChristoph Schreuer
24 Evolution and Improvement of the Investor-State Dispute Settlement System: the UNCITRAL and ICSID Contribution
âBernardo Sepúlveda Amor and Pamela Payró Katthain
25 Separability and the Law Applicable to the Substantive Validity of Arbitration Agreements
âGiovanni Zarra
Index
âForeword by the Editors
A Colleague, a Friend
âBy Andrea Giardina
Notes on Contributors
1 The Proper Role of the Seat in International Commercial Arbitration: a Minimalist Perspective
âDiego P. Fernández Arroyo and Luca G. Radicati di Brozolo
2 Res Judicata as a Principle of International Law
âJohn Beechey and Niccolò Landi
3 Roman Law Legacies for International Arbitration in the Third Millennium
âMassimo V. Benedettelli
4 ICC Award of 5 June 1996 No. 7375: a Significant Recognition of the Role of the UNIDROIT Principles in International Arbitration
âMichael Joachim Bonell
5 State Representation in International Arbitration: A Tale of Two Governments
âFederico Alberto Cabona
6 Sports Arbitration and the Guarantees of Article 6.1 of the European Convention on Human Rights: the Case of Mutu and Pechstein
âLucius Caflisch
7 The Arbitratorâs Duty of Freedom
âThomas Clay
8 The Applicable Law in Arbitration Proceedings at the Court of Arbitration for Sport
âMassimo Coccia
9 The Arbitratorâs Duty of Disclosure: International Experience and Italian Law
âDiego Corapi
10 Corruption and Arbitration: Arbitrability, Jurisdiction, Admissibility or Merits?
âGiuditta Cordero-Moss
11 War Claims in Investment Arbitration
âAntonio Crivellaro
12 Expert Witnesses and Arbitration with Seat in Italy
âGiorgio De Nova
13 Revision of the Award by the Arbitrators: an Issue to Revisit?
âAntonias Dimolitsa
14 Procedural âSoft Lawâ in International Commercial Arbitration: Oxymoron or Reality? The Case of the Taking of Evidence
âLuigi Fumagalli
15 Piero Bernardiniâs Legacy in Investment Arbitration: the Philip Morris v Uruguay Case
âMeg Kinnear and Carlos Molina Esteban
16 âBifurcationâ of Arbitral Proceedings Considered from a Different Angle
âRichard Kreindler and Roberto Argeri
17 The Tribunalâs Reasoning: Is Investor-State Arbitration Special?
âCarolyn B. Lamm, Eckhard Hellbeck, and Maximilian Clasmeier
18 The Law Applicable to Issues of Proof in International Arbitration
âPierre Mayer
19 Walking the Extra Mile on the âExtensionâ of the Arbitration Agreement to Non-Signatories? A French Perspective
âAlexis Mourre and Valentine Chessa
20 Soft Law in International Investment Arbitration
âFulvio M. Palombino
21 After Komstroy. Have the EU Member States Withdrawn by the Lisbon Treaty, as an Inter-se Agreement under Article 41 vclt, Their Consent to icsid Jurisdiction on ect Intra-EU Investment Disputes?
âGiorgio Sacerdoti
22 Experts as Tribunal Advisors and Specific Performance: Piero Bernardini's Legacy for Technically Complex Cases
âMichael E. Schneider
23 Notice and Wait
âChristoph Schreuer
24 Evolution and Improvement of the Investor-State Dispute Settlement System: the UNCITRAL and ICSID Contribution
âBernardo Sepúlveda Amor and Pamela Payró Katthain
25 Separability and the Law Applicable to the Substantive Validity of Arbitration Agreements
âGiovanni Zarra
Index
Specialists; practitioners; academic libraries; institutes