Informa Professional ( suding division of laorrnn (UK) Lad) ‘Mortimer Howse 31-41 Momtimer Stcst London WIT 3] profesional nguirir informs. com Informa Professiona! Nol Grange Road ‘#08-02 Orchard Building Singapore informa asaGinformcom First edition 1996 Second edition 1999 “Third edition 2004 © Lovells 2008 Brith Library Cataloguing in Publication Data ‘A catniogue record for this book is aval fom the British Library ISBN 1-84311.526.0 lights reserved. No part of tis publication may be reproduced, ‘stored ina rerieval system, of eansmitted, in any form oe by any ‘cans, electronic, mechanical, photocopying, ecbrding ot coherwise, without the prior written pertision of Informa Profesional. ‘While every ffore has been made to ensure that the information in dis book is correct, nether the authors, Lovells nor Informa Professional can accept any responsibility for any errors or omissions or for any consequences, sulting therefrom ‘Tent set in 10/1291 Postscript Planta by Tony Lansbury, Tonbridge, Kent, Printed in Great Britain by MPG Books Led, Boda, Conawll. pao Sr tn ica an tee Se tienes PREFACE TO THE THIRD EDITION ‘This third edition is much expanded. That is a reflection of the changing face of consensual techniques for the resolution of international disputes, International arbitration is now more frequently used alongside a variety of alternative, or amicable, dispute resolution procedures. We therefore have a new chapter on ADR, There has also been between states a proliferation cf foreign investment treaties which use the model of arbitration to allow investors direct remedies. This growing field of bilateral, and multilateral, investment treaty arbitration (BITs and MITs) raises a range of new issues. ‘These also are addressed in a new chapter. BITs and MITs increase the Public interest element, which is in tension with the inherently private nature of arbitration. We have therefore reflected in this new edition growing doubts about the confidentiality of international arbitration. Throughout we have Sought to update the text. One such important area is the use of information technology in arbitration. ‘This has been a Lovells team effort. We are greatly indebted to my partners ‘Mark Huleatt-James and Nicholas Gould, who were the authors of the two previous editions. The quality and substance of their work still shines through ‘The text of this new edition has been prepared by my partners, Andrew Foyle and Mark Huleatt-James, and colleagues, Michael Bignell, Matk Goodrich, Sabine Konrad, Jonathan Leach, Kieron O'Callaghan, Henry Quinlan, John Reynolds, Nick Rudge, Saira Singh and Jeanene Thompson, with further input from my partners, Michael Davison, Roberta Downey, John Gerszt, Robert Hunter, Simon Nesbitt, Patrick Sherrington and, of course, from me. Any errors that remain are entirely mine. I have been greatly assisted in bring ing this team effort to a coherent whole by very substantial further work of Saira Singh. Our aim has remained to further the objectives set for the Handbook in its first edition. 25 August 2004 PHILLIP CAPPERPREFACE TO THE SECOND EDITION ‘The principal changes which have been made to this edition are to take account of the revisions to the arbitration rules of leading international arbitration institutions such as the American Arbitration Association, the China Inter- national Economie and Trade Arbitration Commission, the International Court of Arbitration of the International Chamber of Gommerce and the London Court of Intemational Arbitration. In addition, where appropriate, small changes have been made to take account of recent cases and statutes, and to enhance the clarity of the text. Alluring as it was, we have resisted the temptation to make significant additions to the detail contained in the book, 50 a5 (0 preserve its role as an introductory text providing an overview of ‘international commercial arbitration. MARK HULEATT-JAMES 30 September 1998 NICHOLAS GOULD vil