International Commercial Arbitration Case Analysis

Author: Zhao Xiwen
Publisher:
Publish Date: 1999-06-01
Features: The first part of this book collects cases covering various aspects of international commercial arbitration, including international commercial arbitration agreements and their validity, arbitrability, the qualifications and powers of arbitrators, the composition of the arbitral tribunal and its powers, the applicable law in international commercial arbitration (including the applicable law of arbitration procedures, arbitration agreements, and the substantive issues of dispute resolution), as well as the revocation, recognition, and enforcement of arbitral awards. A total of 21 cases are included. The second part presents four cases from the International Center for Settlement of Investment Disputes (ICSID), primarily involving ICSID's jurisdiction, the host state's liability to investors, methods of calculating compensation, and the revocation of ICSID arbitral awards. This book primarily introduces the case facts and the main content of court judgments or arbitral awards, along with the reasoning behind them, supplemented by brief comments from the compilers. The purpose is to broaden the perspectives of individuals engaged in teaching and research on international commercial arbitration in China, as well as practitioners, by helping them understand the new developments in legislation and practice regarding international commercial arbitration in foreign countries, as well as in the Hong Kong Special Administrative Region and Taiwan region. It also explores how arbitration institutions and arbitrators in these regions identify disputes and apply the law, and the circumstances under which courts recognize and enforce foreign arbitral awards. It is hoped that the publication of this book will provide valuable references for China's arbitration legislation and practice.