Everybody has a favourite arbitrator, and Michael Lee is everybody’s favourite arbitrator as this collection of fascinating and learned articles and personal tributes demonstrates.
Over seventy authors have provided a series of thought-provoking, cutting edge, and heartfelt contributions to what is, in honour of Michael Lee, an up-to-date compendium of the latest issues and questions with which international practitioners are grappling.
Like Michael, who is a wonderful companion himself, this book is a true companion for all those practising in this area.
The various chapters are gathered in the following sections:
– Arbitral Efficiency
– Specific National Issues
– Specific Issues in International Arbitration
– Arbitration and Technology
– Personal Tributes
The breadth of subjects covered, and the detail with which they are examined, will be of enormous benefit to all those involved in international arbitration whether counsel, arbitrators or academics.
This book is a fitting tribute to Michael Lee from the many, though by no means all, who have benefitted from his wise counsel and companionship during their careers.
| No. | Contents | Authors |
|---|---|---|
| SECTION 1: ARBITRAL EFFICIENCY | ||
| 1 | Twenty-Five Years in the Life of International Arbitration: And Where From Here? | J.W. Rowley KC |
| 2 | What to Do About Document Production? | Benjamin Hughes |
| 3 | Reflections on the Use of Document Production in International Arbitration | Pierre-Yves Gunter and Anya Marinkovich |
| 4 | Navigating Evidence in International Construction Arbitrations | Peter Rosher |
| 5 | Redefining Witness Conferencing for the Modern Arbitration Age | Kevin K. Kim |
| 6 | Something Actually New – In Less Than 825 Words | Klaus Reichert SC |
| 7 | The JCAA Interactive Arbitration Rules and Arbitration’s Quest for Efficiency | Professor Dr. Klaus Sachs and Jan Zimmermann |
| SECTION 2: SPECIFIC NATIONAL ISSUES | ||
| 8 | The Admissibility of Constitutional Injunctions (Acciones de Tutela) Against Arbitral Awards in Colombia | Juan Camilo Jiménez-Valencia |
| 9 | The Presumptive Validity of Arbitration Agreements in Korean Court Practice | Professor Hi-Taek Shin and Dr. Min Kyung Kim |
| 10 | Michael Lee: Lessons from Harnessing the Power of Indian Courts in Support of Arbitration | Dr. Rishab Gupta and Mayuri Tiwari Agarwala |
| 11 | Anti-Suit Injunctions: Thirty Years on from the Angelic Grace, Should the English Courts Re-Examine Their Treatment of Delays Incurred While Challenging Court Jurisdiction? | Simon Milnes KC |
| 12 | The Good Old Days | Christopher Style KC |
| 13 | The Impact of Indigenous People Rights on Investment Arbitration in Latin America | Gonzalo Rodriguez-Matos and Orlando F. Cabrera C. |
| SECTION 3: SPECIFIC ISSUES IN ARBITRATION | ||
| 14 | Diversity in International Arbitration: Breaking Barriers, Strengthening Legitimacy, and Enhancing Devision Making | Sherina Petit |
| 15 | Dive-Bombing Diversity: Why the Trump Administration’s Assault on Diversity Initiatives Matters to International Commercial Arbitration | Steven A. Hammond |
| 16 | Beyond Legal Correctness: Fairness, Culture and Trust in International Arbitration | Lawrence Teh |
| 17 | UNCITRAL Model Clauses on Specialized Express Dispute Resolution (SPEDR): “Highly Expedited Arbitration”; “Adjudication”; “Technical Advisers” and “Confidentiality” | Herman Verbist |
| 18 | Emergency Arbitration: The Scope of Arbitrator Discretion in an Expedited Process | Dr. Mariel Dimsey and Maren Wibke Weigl |
| 19 | Review of Case Law: Admissibility and Jurisdiction for Multi-Tiered Dispute Resolution Clauses | Koh Swee Yen S.C., Tiong Teck Wee and Thea Elyssa Vega |
| 20 | MTDR Clauses – A Model Protocol to Eliminate Conflicts Between Arbitration and Mediation | Dr. Michael Hwang SC |
| 21 | Logic and Fallacies in International Arbitration | Aníbal Sabater |
| 22 | The Art of Communication in International Arbitration | Hilary Heilbron KC |
| 23 | The Art of Persuasion: Credibility, Professionalism and the Mitigation of Risk | Cyrus Benson |
| 24 | Openings and Closings in the Age of Remote International Arbitration Proceedings | James M. Hosking and David M. Lindsey |
| 25 | “It’ll Be Alright on the Night”: Reflections on the Use of Mock Arbitrations in International Disputes | Professor Sir Bernard Rix and Nigel Rawding KC |
| 26 | The ‘Institutionalisation’ of Gas Price Review Disputes in Europe and Asia | Steven P. Finizio and Michael Howe |
| 27 | Specific Performance of M&A and Investment Contracts in International Arbitration | Simon Chapman KC and Aaron McDonald |
| 28 | Arbitration and Insolvency: Navigating the Evolving Landscape | Dr. Anna Kirk |
| 29 | Dispute Resolution in the CPTPP | Audley Sheppard KC |
| 30 | Investment Treaty Claims by Dual Nationals | Dr. Claudia Annacker |
| 31 | The Enforcement of an Award Against a State, a State Entity, a Company or an Individual, Third Party to the Arbitration | Bernard Hanotiau |
| 32 | Arbitrability Wars: Conflict Between Neutral Seats and Enforcing Jurisdictions | Darius J Khambata SA and Karan Rukhana |
| 33 | An Englishman in Paris, London and Singapore: Michael’s Favourite Seats Tussle Over the Law Applicable to the Arbitration Agreement | Anne and Matthew Secomb |
| 34 | A Post-Script to Michael Lee’s 1993 Edition of “Obtaining Evidence in Another Jurisdiction in Business Disputes” | Kamal Shah and Isabelle Wenger |
| 35 | Transnational Issue Estoppel in International Commercial Arbitration | Adrian Hughes KC |
| 36 | Objections to Securty for Costs in International Commercial Arbitration | Dr. Cameron Ford OAM SC |
| 37 | Putting Allegations to Witnesses in International Arbitration: Looking Beyond Brown v Dunn | Sophie Lamb KC and Shreya Ramesh |
| 38 | Of Absent Friends | Michael Polkinghorne and Bogyung Hwang |
| 39 | The Arbitrator Under Threat | Juan Fernández-Armesto |
| 40 | Mandatory Rules and Public Policy: The Haunting Spectre Over Arbitration’s Integrity | Professor Stavros Brekoulakis |
| 41 | Devil’s Advocate: The Decline and Fall of International Commercial Arbitrations | Timothy Cooke |
| SECTION 4: ARBITRATION AND TECHNOLOGY | ||
| 42 | The LinkedIn Arbitration | Ben Giaretta |
| 43 | The Risks and Challenges of the Use of Artificial Intelligence by International Arbitrators | Alexis Mourre and Valentine Chessa |
| 44 | I, Arbitrator? Discussing the Legality and Inevitability of Robot Decision-Making in Arbitration | Duncan Bagshaw KC |
| 45 | “Immersive Advocacy”: How Emerging Technologies Could Transform the Taking of Evidence | Franz Schwarz |
| 46 | Life as the First Fully Operational AI Arbitrator | Juliet Blanch |
| SECTION 5: PERSONAL TRIBUTES | ||
| 47 | Michael Lee and the International Arbitration Community | David B. Wilson |
| 48 | Michael Lee | David St John Sutton |
| 49 | Personal Note | Paula Hodges KC |
| 50 | Dearest Michael | Judith Gill KC |
| 51 | A Few Personal Reflections | David Llewelyn |
| 52 | Michael Lee | Alastair Henderson |
| 53 | Michael Lee | The Hon. Judge Charles N. Brower |
| 54 | A True Gentleman: Reflections on Michael Lee | Nils Eliasson |
