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This book analyses how arbitrators make rules that guide, constrain, and define the process and substance of international arbitration. Providing a thorough and multidisciplinary analysis of the actors, process, and outcome of arbitral lawmaking, the study shows how arbitrators create principles of law through consistent arbitral decision-making and through interacting with other members of the arbitral community. This book investigates and responds to the following questions: - What is the relationship between international arbitration and the law and courts of the seat? - What is the role of international tribunals in assisting and controlling investment arbitration? - What is the scope of arbitrators’ freedom in decision-making? - What constraints limit arbitrators’ decision-making and contribute to consistency? - Is international arbitration capable of paying deference to past arbitral decisions? - Which rules have arbitrators created in procedural and substantive matters? - What is the role and status of consistent arbitral decisions? - Is there an arbitral legal system? The answers to these questions are drawn from actual arbitral decisions made available to the public, clarifying important issues about jurisdiction, procedure, applicable law, interpretation of substantive rules and instruments, and remedies. This is the first overarching study of whether and to what extent international commercial, and investment arbitrators create norms and even generate a legal system. As such, it will be of immeasurable and lasting value to arbitrators, practitioners, scholars, arbitral institutions, and international organizations worldwide, for all of whom it will not only clarify our understanding of arbitral decision-making and arbitrator-made rules, but also foster transparency and accountability in arbitral decision-making
Acclaimed as the standard reference work on the law relating to time charters, this new edition provides a comprehensive treatment of the subject, accessible and useful both to shipping lawyers and to shipowners, charterers, P&I Clubs and other insurers. It provides full coverage of both English and U.S. law, now updated with all the important decisions since the previous edition. The English decisions covered in the new edition include: The Kos (the Supreme Court on the effect of withdrawing a ship with cargo on board); The Athena (nature of off-hire; meaning of 'loss of time’/'time thereby lost'); The Kyla (damage to ship and frustration); The Silver Constellation, The Savina Caylyn and The Rowan (oil company approval of chartered ships); The Captain Stefanos, The Saldanha, The Triton Lark and The Paiwan Wisdom (effects of piracy); The Kildare and The Wren (damages for early termination); The T S Singapore (off-hire where ship going 'towards but not to' the port ordered), and The Lehmann Timber, The Bulk Chile and The Western Moscow (owners' liens) The new edition also features many significant new U.S. decisions, including: Stolt-Nielsen v. Animal Feeds Intl. (Supreme Court rules class-action arbitration not permitted unless parties agree in arbitration agreement); ATHOS I (Circuit Court finds that safe berth provision in charterparty is a warranty and not merely a due diligence obligation); The M/V SAMHO DREAM (arbitrators direct petitioner to post $14.2M security on respondent’s counterclaim) and Maroc Fruit Board v. M/V VINSON (CP arbitration clause incorporated in bill of lading not "signed" or "contained in an exchange of letters or telegrams" under NY Convention).