The Europa-Institut, as the editor of this edition, is the second oldest institution of itskind in Europe. More than 5.000 students from all over the world have been educated in thefields 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 masterprogram European and International Law to study the legal, political, economic and culturalfoundations 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 freedomof choice with regard to the courses they wish to attend and which also allow for a high degreeof specialization. The six modules are European Integration, European Economic Law,Foreign Trade and Investment, International Dispute Resolution and European, InternationalProtection 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 theattainment 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 tobroaden the existing selection. One thing remains however unchanged - this edition tooaddresses not only the students of our LL.M. program, but also universities in general,practitioners, policy-makers and international lawyers.Preface 5This 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 ICSIDInstitution Rules, Conciliation Rules and Additional Facility Rules, the Mauritius Conventionon Transparency, the Investment Chapter of the Comprehensive Economic and TradeAgreement, 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 CASRules, and EU Regulations related to Investor-State Dispute Settlement to the reader. Inall, this new edition aims to include documents which reflect the latest developments ininternational commercial and investment arbitration.International dispute resolution is a truly international area of law. Domestic perceptionsare often challenged. In addition to traditional positive law, soft (transnational) rules of lawhave been firmly established as applicable norms for arbitral decision-making. Sourcesof substantive law have a different dynamic than in domestic litigation and domesticarbitration. International arbitration lawyers, and students, find themselves working inmany different jurisdictions and with different laws. Students with a good grounding in theirdomestic legal system are educated to be capable and even enthusiastic about working indifferent legal systems. As a result, they become cosmopolitan and internationalist in outlookand disposition.Rules on international dispute resolution, in particular on international commercialarbitration, are an anthology of international treaty rules, arbitration rules (soft law), anddomestic rules which are mainly enabling default rules of the organization and conduct ofarbitral proceedings. During the last thirty years, the international dispute resolution lawsand rules were shaped in manifold ways: traditional positive domestic law was harmonizedthrough the implementation of model laws, soft (transnational) rules of law, mostlydeveloped by arbitration practitioners, have firmly established themselves as applicablenorms for arbitral decision-making, and the Convention on the Recognition and Enforcementof Foreign Arbitral Awards (New York Convention) has been shaped by interpretation andapplication of state courts and become the anchor of international arbitration.Although information on international dispute resolution laws and rules is readilyavailable on the internet, and the proliferation of academic and legal writing is ratherunparalleled both in terms of quantity and quality, there has been a lack of a compilation ofmanageable size that focuses on the primary sources of international dispute resolution lawsand rules, including investment arbitration. We selected those international treaties, modellaws, national laws, arbitration rules and other documents which are of particular importancein 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 SwissRules, the UNCITRAL Rules, and the ICSID Rules.This book is not only a valuable tool for students in our postgraduate master s programat 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 andprinciples on which international dispute resolution is based. In this way, students are6 Prefaceencouraged to develop an intellectually and analytically appropriate approach which willpermit them to tackle issues relating to international dispute resolution.We take this opportunity to thank everyone who over the past six years have providedus 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 otherwisewould have been impracticable. This book could not have been achieved without thecontribution of Ass. iur. Christina Backes (managing editor), Angshuman Hazarika, LL.M.,Stefan Unterleithner, and Corina VodaË, LL.M. (text editors), and Uwe Loebens (art editor).
