The Europa-Institut, as the editor of this edition, is the second oldest institution of its kind in Europe. More than 5.000 students from all over the world have been educated in the fields of European and International Law at the Europa-Institut since its foundation in 1951. Each year students from over 30 countries enroll in the one-year postgraduate master program “European and International Law” to study the legal, political, economic and cultural foundations of the European Union as well as various areas of public international law. The program is characterized by six modules which provide students with greater freedom of choice with regard to the courses they wish to attend and which also allow for a high degree of specialization. The six modules are European Integration, European Economic Law, Foreign Trade and Investment, International Dispute Resolution and European, International Protection of Human Rights and IT Law. The program can be completed entirely in English, entirely in German or through a combination of the two languages and results in the attainment of the title “Master of Laws (LL.M.)”. This is the third edition of “International Dispute Resolution – Selected Documents”, which builds upon, revises and extends the already comprehensive collection of documents (treaties, model laws, national laws, arbitration rules etc.) contained in the previous issues. Its aim is to take stock of the developments in the area of International Dispute Resolution, be it amendments to existing documents or entry into force of new ones, as well as to broaden the existing selection. One thing remains however unchanged – this edition too addresses not only the students of our LL.M. program, but also universities in general, practitioners, policy-makers and international lawyers. Preface 5 This third edition (1) provides technical corrections, updates, and clarifications, and (2) adds the IBA Report on the Public Policy Exception in the New York Convention, the ICSID Institution Rules, Conciliation Rules and Additional Facility Rules, the Mauritius Convention on Transparency, the Investment Chapter of the Comprehensive Economic and Trade Agreement, the Energy Charter Treaty, the EU-Singapore Investment Protection Agreement, the French Arbitration Law, the PCA and SCC Rules of Arbitration, the ICJ, ITLOS and CAS Rules, and EU Regulations related to Investor-State Dispute Settlement to the reader. In all, this new edition aims to include documents which reflect the latest developments in international commercial and investment arbitration. International dispute resolution is a truly international area of law. Domestic perceptions are often challenged. In addition to traditional positive law, soft (transnational) rules of law have been firmly established as applicable norms for arbitral decision-making. Sources of substantive law have a different dynamic than in domestic litigation and domestic arbitration. International arbitration lawyers, and students, find themselves working in many different jurisdictions and with different laws. Students with a good grounding in their domestic legal system are educated to be capable and even enthusiastic about working in different legal systems. As a result, they become cosmopolitan and internationalist in outlook and disposition. Rules on international dispute resolution, in particular on international commercial arbitration, are an anthology of international treaty rules, arbitration rules (soft law), and domestic rules which are mainly enabling default rules of the organization and conduct of arbitral proceedings. During the last thirty years, the international dispute resolution laws and rules were shaped in manifold ways: traditional positive domestic law was harmonized through the implementation of model laws, soft (transnational) rules of law, mostly developed by arbitration practitioners, have firmly established themselves as applicable norms for arbitral decision-making, and the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention) has been shaped by interpretation and application of state courts and become the anchor of international arbitration. Although information on international dispute resolution laws and rules is readily available on the internet, and the proliferation of academic and legal writing is rather unparalleled both in terms of quantity and quality, there has been a lack of a compilation of manageable size that focuses on the primary sources of international dispute resolution laws and rules, including investment arbitration. We selected those international treaties, model laws, national laws, arbitration rules and other documents which are of particular importance in our academic context. The book, therefore, places a special emphasis on inter - national arbitral proceedings under the ICC Rules, the DIS Rules, the Vienna Rules, the Swiss Rules, the UNCITRAL Rules, and the ICSID Rules. This book is not only a valuable tool for students in our postgraduate master’s program at the Europa-Institut of Saarland University, but also to the academic community in general, as well as to arbitration lawyers and arbitrators, in particular, when practicing in Europe. Students are invited to use the original texts in this book to draw out the themes and principles on which international dispute resolution is based. In this way, students are 6 Preface encouraged to develop an intellectually and analytically appropriate approach which will permit them to tackle issues relating to international dispute resolution. We take this opportunity to thank everyone who over the past six years have provided us with suggestions and corrections for improving this book. We are grateful to Prof. Dr. Thomas Giegerich, LL.M. (Director of the Europa-Institut) and Akad. Dir. Julia Legleitner, LL.M. (program director of the Europa-Institut) for supporting this project which otherwise would have been impracticable. This book could not have been achieved without the contribution of Ass. iur. Christina Backes (managing editor), Angshuman Hazarika, LL.M., Stefan Unterleithner, and Corina Voda˘, LL.M. (text editors), and Uwe Loebens (art editor).weiterlesen