Dossier VI Written Evidence and Discovery inInternational ArbitrationNew Issues and Tendencies

Edited by Teresa Giovannini and Alexis Mourre

Documentary evidence is at the heart of thearbitral process. In international arbitration, theright to be heard implies not only the production of documents, but also the possibility of accessingevidence held by other parties or third entities. State court intervention may then complicate thetribunal’s task. Arbitral tribunals may have to decidewhich rules apply to issues such as the evidentiaryvalue of documents or their admissibility. Arbitratorsare increasingly confronted with new challenges, suchas the growing volume of documentary productionsand requests for E-Discovery, as well as ever morefrequent objections to confidentiality and privilege.Finally, document productions may confrontarbitrators with difficult issues of fraud and forgery.

The practice of documentary evidence is changingas international arbitrators look for transnationalsolutions capable of striking a proper balance betweenefficiency and fairness. Transnational instrumentssuch as the IBA Rules on the Taking of Evidence inInternational Commercial Arbitration may need toevolve to accommodate new approaches and solutions.Dossier VI, Written Evidence and Discovery inInternational Arbitration, seeks to encouragereflection on future practice in relation to documentaryevidence in international arbitration.

ICC Publication No. 698 / 2009 Edition, 510 pages

Dossier VInterest, Auxiliary and Alternative Remedies inInternational Arbitration

Edited by Filip de Ly and Laurent Lévy

Dossier V, a compilation of the proceedings of the 2007 Annual Meeting of the ICC Institute ofWorld Business Law, addresses a wide range of topicson remedies and interest including contractualremedies, judicial penalties, specific performance,issue of the applicable law, comparative approaches,and interest in arbitration practice. It is designed tooffer solutions on how to control the impact of timebetween the occurrence of the damage and its fullcompensation.

ICC Publication No. 684 / 2008 Edition, 259 pagesAlso available as an eBook

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90 years ofpromoting worldpeace through

world trade

he International Chamber

of Commerce celebrates its 90th

anniversary this year, commemorating

its long history championing trade as

a powerful force for peace and prosperity.

ICC was founded in 1919 by far-sighted

business leaders who called themselves

“the merchants of peace.”

The mission of ICC today is more

relevant than ever before – to promote trade

and investment across frontiers and help

business corporations meet the challenges

and opportunities of globalization.

In today’s increasingly interdependent

global economy, many of the major challenges,

from solving the current financial crisis to

curbing climate change, will require greater

international cooperation among all the

concerned actors – business, government, civil

society and intergovernmental organizations.

ICC is uniquely placed to play a leading role,

given its long experience brokering consensus,

its special consultative status with the UN,

and close working relationship with the World

Trade Organization and other important

global bodies.

As we cross the threshold of this 90th

year, it is clear we are entering a new era for

the global economy, and that open markets

and rules-based trade will continue to serve

as a time-tested way to spread peace and

prosperity into all corners of the world.

T

Collection of ICC ArbitralAwards 2001- 2007Recueil des sentences arbitrales de la CCI 2001 – 2007

Collection of ICC Arbitral Awards 2001 - 2007contains extracts of cases handled by the ICC Courtof Arbitration, one of the world’s most respectedarbitral institutions. This most recent collectionsupplements four previous and successful volumescontaining awards from the periods 1974-1985,1986-1990, 1991-1995 and 1996-2000. Thiscompilation is a practical reference tool, containingthree types of useful indexes incorporatinginformation from all five volumes:• a consolidated analytical table, in both English

and French, contains extensive cross-referencesbased on the terminology used in awards;

• a chronological index lists the awards;• a key word index, also provided in both languages,

allows the reader to locate the material of interestquickly and easily.

In addition, this book includes case notes andexpert commentaries on the awards. This publicationis an indispensable reference work for anyoneinterested in international arbitration. ICC Publication No. 699 / 2009 Edition, 700 pages

Handbook of ICC ArbitrationCommentary, Precedents, Materials

By Michael W. Bühler and Thomas H. Webster

Handbook of ICC Arbitration is designed for thosenew to arbitration and the experienced practitioneralike. The chapters follow the ICC Rules ofArbitration, each one containing article by articleexpert annotations explaining core principles, andthus guide through every aspect of the arbitrationprocess. The text also offers solutions to complex issuesthat can occur during the arbitration procedure.ICC Publication No. 968 / 2008 Edition, 800 pages

Publications

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Drafting and NegotiatingInternational CommercialContractsA Practical Guide

By Fabio Bortolotti

In his new book, Drafting and NegotiatingInternational Commercial Contracts, Professor FabioBortolotti, a world-renowned expert on contract law,clarifies the issues surrounding international contractsand provides solutions to the thorny problems they raise.

As an added feature, this volume provides insightsinto the basic requirements of a well-drafted contractand analyzes in depth the negotiating process. It concludes with incisive commentary on the modelcontracts developed by the International Chamber of Commerce.

Lawyers, laymen and other professionals willfind in these pages the tools they need to ensure theircontracts meet the requirements of a globalized world.

Table of ContentsChapter 1 IntroductionChapter 2 The Applicable LawChapter 3 The Methods for Solving DisputesChapter 4 International ArbitrationChapter 5 Litigation Before Ordinary CourtsChapter 6 Drafting, Negotiating and Concluding

International ContractsChapter 7 The ICC Model FormsChapter 8 AppendicesICC Publication No. 671 / 2008 Edition, 474 pages

ICC Model InternationalTransfer of TechnologyContract

As technology and intellectual property rightsbecome increasingly important in today'sinternational business community, more companiesacross the globe are concluding transactions totransfer technology among business entities.Recognizing the need to provide the marketplacewith assistance on this subject, the InternationalChamber of Commerce has produced the ICC ModelInternational Transfer of Technology Contract.

While the term “transfer of technology” maycover a variety of situations, ranging from patentand/or know-how licenses to more complex dealingsinvolving the supply of technical assistance orequipment, this model covers the situation where amanufacturer licenses a package of information andindustrial property rights to a licensee company sothat the licensee can also manufacture the products,using the licensor's technology.

The latest in the widely used series of ICCmodel contracts, the ICC Model InternationalTransfer of Technology Contract is designed for useby non-specialists in the area who are seekingreliable guidance and an adaptable, balancedcontractual framework. ICC PublicationNo. 674 / 2009 Edition, 125 pagesAlso available as an eBook

We Must Talk Because We CanMediating International IntellectualProperty Disputes

By David Plant

In We Must Talk Because We Can, David Plantfocuses on the process of mediation and on the mediator,the client and counsel. Mediation, from Mr. Plant’spoint of view, is interest-based negotiation facilitatedby a third person – the mediator. His aim is to helpyou – whatever your role – to prepare for and engagein such mediation at the most productive level.ICC Publication No. 695 / 2008 Edition, 188 pagesAlso available as an eBook

ICC Banking CommissionOpinions 2005-2008New Opinions on UCP 600 and 500,ISBP, URC and URDG

Edited by Gary Collyer and Ron Katz

The 79 Opinions in this book include the firstOpinions rendered on UCP 600, ICC’s universallyused rules on documentary credits. The revised UCPgave rise to a number of queries from letter of creditpractitioners worldwide, and this latest Opinionsbook, the first in four years, provides precise answersto the key questions raised:• What are the consequences of excluding certain

articles of the UCP in a credit?• What is the role of a nominated bank in a deferred

payment credit?• What are the requirements for signing a “house”

bill of lading?

This important volume also contains Opinionsrendered on the revised version of the ISBP(International S tandard Banking Practice), which was updated to be consistent with UCP 600. In addition, there are the final Opinions on UCP 500,on the Uniform Rules for Collections (URC) and onthe Uniform Rules for Demand Guarantees (URDG).

ICC Banking Commission Opinions 2005-2008,along with the text of the rules themselves and theISBP, are the definitive texts interpreting how ICC ruleson letters of credit are to be applied in daily practice. ICC Publication No. 697 / 2009 Edition, 273 pages

Users’ Handbook forDocumentary Creditsunder UCP 600

By Walter (Buddy) Baker and John F. Dolan

Users’ Handbook for Documentary Credits underUCP 600 is designed to serve as an introduction tousers of documentary credits, that is, to sellers andbuyers who seek to increase their access to cross-bordermarkets. Users’ Handbook is in five parts:● Part One is a brief discussion of international

sales and transport.● Part Two explains the banking industry’s crucial

role in documentary credit transactions and illustratesmany of the transactions in which commercialparties utilize the documentary credit.

● Part Three explains the way documents controlthe payment function of the documentary credit.

● Part Four introduces the all-important feature ofthe documentary credit – the way it opensfinancing options to sellers, which can thenextend credit to buyers.

● Part Five introduces the standby credit andillustrates its role in cross-border transactions.

ICC Publication No. 694 / 2008 Edition, 160 pages Alsoavailable as an eBook

Guide to Export-Import BasicsVital Knowledge for TradingInternationally

Guide to Export-Import Basics examines the traderesources developed by ICC to help you make themost of international markets: • the legal foundation• resolving international disputes • internationalmodel contracts • Incoterms • Documentary Credits •factoring and forfeiting • transport and e-commerce.ICC Publication No. 685 / 2008 Edition, 325 pagesAlso available as an eBook

The Complete UCPUniform Customs and Practice forDocumentary Credits Texts, Rules and History 1920 – 2007

Edited by Dan Taylor, Vice-Chairman of the ICCBanking Commission, this valuable collection containsthe full text of the seven versions of the UCP that haveappeared since 1933, as well as their antecedents,which date back to 1920. Each text is accompanied byan incisive commentary explaining the major changesfrom one UCP to another.ICC Publication No. 683 / 2008 Edition, 252 pages Also available as an eBook

Fighting CorruptionInternational Corporate Integrity Handbook

Edited by Fritz Heimann and François Vincke

Covering subjects as diverse as money laundering,the role of agents, extortion, accounting andwhistleblowing, Fighting Corruption will be the tool of reference for anyone concerned with stamping outbribery, extortion and the other evils associated withcorruption.ICC Publication No. 678 / 2008 Edition, 280 pagesAlso available as an eBook

URR 725 ICC’s Uniform Rules for Bank-to-BankReimbursements underDocumentary Credits

ICC’s Uniform Rules for Bank-to-BankReimbursements under Documentary Credits (URR) have recently been revised. The revision, was necessary to bring these rules into conformity withUCP 600. The URR revision contains a number oftechnical changes from the previous version, URR 525,and will be used by all letter of credit practitioners whoelect to incorporate the revised URR into their letters ofcredit.ICC Publication No. 725 All English editionICC Publication No. 725EF English-French2008 Edition, sold in sets of ten leaflets

2009 Annual Review ofInternational Banking Lawand Practice

The 2009 Annual Survey is a fully searchableelectronic volume on a CD. This all in one referencetool is indexed for easy reference to terms from“Acceptance” to “Wrongful Dishonour” and contains• 68 Case Summaries • 23 Articles • 11 GovernmentActions • 3 Practice Reports.

ICC Publication No. 970 / 2009 Edition, 636 pages Electronic version on CD

Commentary on UCP 600Article-by-Article Analysis by the UCPDrafting Group

The reference book of choice for students and usersof letter of credit rules.ICC Publication No. 680 / 2008 Edition, 170 pagesAlso available as an eBook

Commentaires sur les RUU 600ICC Publication No. 680F / 2008 Edition, 170 pagesAlso available as an eBook

Collected DOCDEX Decisions2004 – 2008Decisions by ICC Experts on DocumentaryCredits, Collections and Demand Guarantees

eBook version only

ICC Publication No. 696 / 2008 Edition

How to Order❏ Order online at iccbooks.com

❏ Complete and return by post or fax:ICC Services – Publications38 Cours Albert 1er, 75008 Paris, FranceFax: +33 1 49 53 29 02

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698 Written Evidence contact us

697 Opinions 2005-2008 € 95 ___________ ___________

674 Transfer of Technology € 75 ___________ __________

699 Arbitral Awards 2001–07 € 250 ___________ __________

968 Handbook ICC Arbitration € 245 ___________ __________

684 Interest, Auxiliary € 75 ___________ __________

695 We Must Talk € 65 ____________ __________

671 Drafting and Negotiating € 165 ___________ __________

678 Fighting Corruption € 75 ___________ __________

685 Export-Import Basics € 70 ___________ __________

683 The Complete UCP € 75 ___________ __________

694 Users’ Handbook € 65 ___________ __________

725 URR 725 (set of 10) € 30 ___________ __________

725EF URR English-French (set of 10) € 40 ___________ __________

970 2009 Annual Survey € 150 ___________ __________

680 Commentary on UCP 600 € 60 ___________ ___________

680F Commentaires sur les RUU 600 € 60 ___________ ___________

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