Arbitration as Balanced Administration of Justice: Essays In Honour of Piero Bernardini

Arbitration is adjudication and, like any form of adjudication, it must ensure justice to parties. Justice requires that in settling disputes arbitrators constantly balance the opposing interests of the parties and the different legal systems relevant to the resolution of the dispute from time to time at hand. This book addresses such issues by looking at the different stages of arbitration: from the selection of the arbitral seat to the definition of jurisdictional limits, from the choice of applicable law to the revision of arbitral awards. The book collects essays by colleagues and friends of Piero Bernardini, a leading practitioner of international arbitration who was a champion in achieving balance in the administration of justice through arbitration.

Table of Contents:
Essays in Honor of Piero Bernardini  Foreword by the Editors A Colleague, a Friend  By Andrea Giardina Notes on Contributors 1 The Proper Role of the Seat in International Commercial Arbitration: a Minimalist Perspective  Diego P. Fernández Arroyo and Luca G. Radicati di Brozolo 2 Res Judicata as a Principle of International Law  John Beechey and Niccolò Landi 3 Roman Law Legacies for International Arbitration in the Third Millennium  Massimo V. Benedettelli 4 ICC Award of 5 June 1996 No. 7375: a Significant Recognition of the Role of the UNIDROIT Principles in International Arbitration  Michael Joachim Bonell 5 State Representation in International Arbitration: A Tale of Two Governments  Federico Alberto Cabona 6 Sports Arbitration and the Guarantees of Article 6.1 of the European Convention on Human Rights: the Case of Mutu and Pechstein  Lucius Caflisch 7 The Arbitrator’s Duty of Freedom  Thomas Clay 8 The Applicable Law in Arbitration Proceedings at the Court of Arbitration for Sport  Massimo Coccia 9 The Arbitrator’s Duty of Disclosure: International Experience and Italian Law  Diego Corapi 10 Corruption and Arbitration: Arbitrability, Jurisdiction, Admissibility or Merits?  Giuditta Cordero-Moss 11 War Claims in Investment Arbitration  Antonio Crivellaro 12 Expert Witnesses and Arbitration with Seat in Italy  Giorgio De Nova 13 Revision of the Award by the Arbitrators: an Issue to Revisit?  Antonias Dimolitsa 14 Procedural “Soft Law” in International Commercial Arbitration: Oxymoron or Reality? The Case of the Taking of Evidence  Luigi Fumagalli 15 Piero Bernardini’s Legacy in Investment Arbitration: the Philip Morris v Uruguay Case  Meg Kinnear and Carlos Molina Esteban 16 “Bifurcation” of Arbitral Proceedings Considered from a Different Angle  Richard Kreindler and Roberto Argeri 17 The Tribunal’s Reasoning: Is Investor-State Arbitration Special?  Carolyn B. Lamm, Eckhard Hellbeck, and Maximilian Clasmeier 18 The Law Applicable to Issues of Proof in International Arbitration  Pierre Mayer 19 Walking the Extra Mile on the “Extension” of the Arbitration Agreement to Non-Signatories? A French Perspective  Alexis Mourre and Valentine Chessa 20 Soft Law in International Investment Arbitration  Fulvio M. Palombino 21 After Komstroy. Have the EU Member States Withdrawn by the Lisbon Treaty, as an Inter-se Agreement under Article 41 vclt, Their Consent to icsid Jurisdiction on ect Intra-EU Investment Disputes?  Giorgio Sacerdoti 22 Experts as Tribunal Advisors and Specific Performance: Piero Bernardini's Legacy for Technically Complex Cases  Michael E. Schneider 23 Notice and Wait  Christoph Schreuer 24 Evolution and Improvement of the Investor-State Dispute Settlement System: the UNCITRAL and ICSID Contribution  Bernardo Sepúlveda Amor and Pamela Payró Katthain 25 Separability and the Law Applicable to the Substantive Validity of Arbitration Agreements  Giovanni Zarra Index

About the Author :
Massimo Benedettelli was full professor of International Law at the Department of Law of the University Aldo Moro (Bari, Italy) until February 2023, and is now Fellow of Business Law and Director of the program on International Arbitration and Risk Management at SDA Bocconi, Milan. He is the Italian member of the ICC Court of Arbitration. Andrea Carlevaris is the President of the Italian Association for Arbitration and a former Secretary General of the ICC International Court of Arbitration. He is the author of numerous publications on international law and international arbitration and a former member of the ICC International Court of Arbitration and of the Board of Directors of the SCC Arbitration Institute. Antonio Crivellaro is a former Professor of international law and international trade law. He is the author of several publications on the law of international investments, contracts, and arbitration, and editor in chief of Diritto del Commercio Internazionale. He is a former Member of the ICSID List of Arbitrators for Italy. Maria Beatrice Deli is Professor of International Law at Universitas Mercatorum (Rome, Italy). She is Secretary General of the Italian Association for Arbitration and Co-Director of the Certificate in International Commercial and Investment Arbitration.