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Copyright © International Chamber of Commerce (ICC). All rights reserved. ( Source of the document: ICC Digital Library )
For this fourth and last issue of 2018 of the Bulletin, we are delighted to feature five different sections, offering together more than 150 pages of content to the readers.
The Global Developments Section first proposes an overview of legislative changes in Argentina and Ecuador. This Section also provides updates on various court decisions, including a US decision reaffirming New York’s pro-arbitration policy and narrowing down the scope of application of the doctrine of manifest disregard of the law in relation to challenges to arbitral awards, a decision of the Cypriot Supreme Court regarding the recovery of dissipated assets, and a Spanish court’s recent vacatur that could invite substantive reviews of arbitral awards. Finally, the widely covered Russian Supreme Court decision on the Standard ICC Arbitration Clause is addressed in a more positive light than in other recent publications.
We are extremely pleased to highlight in the Commentary Section the three articles that were awarded the top three rankings in the 2018 Nappert Prize in International Arbitration at McGill University. The three pieces tackle entirely different issues arising in international arbitration: (i) an institutional development and its possible inclusion in investment arbitration, namely the SIAC proposal on a Cross-institution Consolidation protocol, (ii) practical solutions when dealing with possible abuse of process in investment arbitration, and (iii) a progressive shift in the content of legitimate expectations in energy-related investment disputes.
The Section on ICC Commission Reports introduces the full text of the highly anticipated report on the tools and techniques to effectively manage construction arbitrations, updating the 2001 report following recent developments in such sector and the modifications of the ICC Rules in 2012 and 2017. A must-read in our view.
The ICC Activities’ Section is comprised of no less than seven reports of significant recent events and developments. This issue is therefore particularly diverse and rich in content, ranging from the extremely useful new ICC Mediation Request Form, to outlining the links between the ICC and the maritime community as well as reporting on two ICC events in Latin America, namely the regional ICC YAF and the Latin American Group meeting. Finally, the Section analyses in depth the content of the joint ICC-FIDIC Conference, the most recent ICC Institute World of Business Law event on the Arbitrator’s perspective regarding case management and conduct of proceedings as well as the 13th ICC New York Conference on International Arbitration offering the most recent perspectives on international arbitration in North America.
Finally, the Book Review Section presents two monographs on the recently published books on Attribution in International Investment Law and Procedural Issues in International Investment Arbitration.
We do hope that you will find this issue entertaining and stimulating, as we have while preparing it. As always, we thank our contributors, our Editorial Board members, Stéphanie Torkomyan, the ICC dispute resolution publications’ manager, and Claire Héraud, senior assistant. We would not be able to publish this Bulletin quarterly without the joint effort of all these individuals.