Full Text Publications

Full Text Publications
  • Author Title Date  
  • Prof. A.J. Van den Berg

    The text of the 2nd Karl-Heinz Bockstiegel Lecture of 13 September 2013 as adapted for publication examines the question on whether the setting aside of the arbitral award should be abolished.

    It does so by identifying the various issues that arise out of an action for setting aside, such as the possibility of double control and conflicting decisions, the (universal) effect of a setting aside in the country of origin and the court with the last say on the validity of an international arbitral award. The origin of the action for setting aside and its current legal status in international arbitration. The various attempts to reduce or eliminate the role of setting aside in international arbitration. The situation in investment arbitration. Whether the setting aside action should be abolished and if so, what may be the alternatives.

    Should the Setting Aside of the Arbitral Award be Abolished?
    21 - 04 - 2014
  • Prof. A.J. Van den Berg

    The traditional hostilty towards arbitration and, in particular, international arbitration in Latin America appears to be on the wane. A new trend was heralded by the Inter-American Convention on International Commercial Arbitration, which was adopted by the Governments of the Member States of the Organisation of American States (OAS) in Panama on 30 Januari 1975 (the 'Panama Convention').

    The Panama Convention came into effect on 16 June 1976 and has been adhered to by some 11 Latin American countries.
    Ratification is apparently pending in the United States, where the proposed implementing legislation would consist of a new chapter of Title 9 (Arbitration) of the United States Code

    The New York Convention 1958 and Panama Convention 1975: Redundancy or Compatibility?
    11 - 09 - 2014
  • Prof. A.J. Van den Berg

    The interaction of a potential appeal mechanism with the New York and ICSID Conventions is multifaceted and highly complex. The interaction is analysed under a number of headings: the reasons for the appeal mechanism in ISDS; the appeal mechanism in practice; the legal regime governing current ISDS; the legal regime governing an appeal mechanism; the nature and scope of appeal; enforcement of the appeal award; and setting aside or annulment of the appeal award. 

    Appeal Mechanism for ISDS Awards: Interaction with the New York and ICSID Conventions
    22 - 11 - 2019