Description:
Arbitrators are not bound by other arbitral tribunals' awards. However, they frequently refer to prior decisions. This book explores the de facto precedential effect of arbitral awards. It also addresses the salient issues of arbitral law-making and consistency in international commercial and investment arbitration.
- examines the de facto precedential effect's requirements and qualifying factors
- develops a methodology to examine the de facto precedential effect
- analyses ICC arbitral awards concerning the extension of the arbitration agreement to other companies of the same group and international construction disputes
- analyses investment arbitration awards with regards to the notion of investment, the most-favoured-nation treatment as well as the full protection and security standard