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International Arbitration

Autor: Gary Born
ISBN: 9789041145628
File Size: 24,85 MB
Format: PDF
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This volume provides a concise overview of the legal principles and practice of international arbitration. It offers an accessible, straightforward introduction to the legal framework for international commercial arbitration, an introduction to international investment arbitration, and descriptions of the contemporary practice and tactics of international arbitration.

Injunctive Relief And International Arbitration

Autor: Hakeem Seriki
Publisher: CRC Press
ISBN: 1317685040
File Size: 9,89 MB
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This book explores from an English law and Institutional perspective the various types of injunctive relief that are available to a party before and during arbitral proceedings. In particular, this book examines the basis of the power of English Courts to grant such injunctions and explains when such injunctions will be granted. It considers any limitations attached to such injunctions and the relationship between section 44 of the Arbitration Act 1996 and section 37 of the Senior Courts Act 1981. It also provides an in-depth analysis of case law and the emerging trends in this area of arbitration, as well as the powers of arbitrators under the ICC and LCIA Rules to grant such relief and other remedies that might be available to a party seeking to uphold an arbitration agreement. This book will be a vital reference tool for practitioners, arbitrators and postgraduate students.

Pervasive Problems In International Arbitration

Autor: Loukas A. Mistelis
Publisher: Kluwer Law International B.V.
ISBN: 9041124500
File Size: 30,83 MB
Format: PDF
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"This important book will be of great interest to arbitration lawyers, international lawyers and business people, as well as to academics, libraries, and students of dispute resolution."--Publisher's website.

International Arbitration

Autor: Gary B. Born
Publisher: Wolters Kluwer Law & Business
ISBN: 1454860251
File Size: 11,68 MB
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This important casebook is based upon one of the leading books in the field Born's treatise, International Commercial Arbitration. It offers a comprehensive approach to international commercial arbitration (focused on the New York Convention and UNCITRAL Model Law), while providing comparative examples drawn from state-to-state and investment arbitration. An easy-to-use chronological structure follows the course of an international arbitration. Features: Thoroughly revised to reflect amendments to UNCITRAL Rules, ICC Rules and other institutional arbitration rules New sections addressing IBA Guidelines on Party Representation in International Arbitration Revised to reflect amendments to representative national arbitration legislation in France, Singapore and elsewhere Streamlined excerpts of cases and awards; added excerpts of new arbitral awards on selected topics.

Electronic Disclosure In International Arbitration

Autor: David J. Howell
Publisher: Juris Publishing, Inc.
ISBN: 193383322X
File Size: 19,23 MB
Format: PDF, ePub
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International arbitration faces the challenge of the exponential increase in the volume of electronically stored information. While there has been a convergence in the accepted scope of disclosure in international arbitration (chiefly reflected in the IBA Rules on Evidence) there is widespread concern about the potential burdens of disclosure of electronic documents, with regard to the litigation experience. Arbitrators are rapidly having to come to terms with these issues in an arbitration context, in order to meet the needs and expectations of the parties. A number of arbitration institutions are currently considering rule changes or protocols to address the disclosure of electronic documents. This publication analyses the procedural, practical and technical issues and addresses the appropriate approach to electronic disclosure in international arbitration, including those lessons and principles that can usefully be adapted from the litigation experience. Contributors include leading arbitrators, arbitration counsel, in-house counsel and IT experts, including leading experts in the field of electronic data management.

State Entities In International Arbitration

Autor: Emmanuel Gaillard
Publisher: Juris Publishing, Inc.
ISBN: 1929446969
File Size: 20,57 MB
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States get involved in international affairs either directly or through their instrumentalities. The activities of these instrumentalities raise many issues, two of which have given rise to significant recent developments both in arbitral and domestic case law. The first is whether and under what conditions a State may be held liable for the conduct of such instrumentalities on the basis of an investment treaty. This issue will be the subject of a systematic survey of ICSID and ICC case law and that of other arbitral tribunals so as to identify the circumstances in which such liability may arise. The second issue, which is addressed by State courts, is whether and under what conditions State instrumentalities that have a separate and autonomous legal personality may be held liable for the pecuniary obligations of the State. A comparative law study focusing in particular on solutions found in French, English and U.S. law will provide answers to the question as to whether an award holding a State liable may be enforced against the assets of instrumentalities of that State, where such instrumentalities are prima facie separate juridical persons.

Islamic Law And International Commercial Arbitration

Autor: Maria Bhatti
Publisher: Routledge
ISBN: 042988821X
File Size: 16,87 MB
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This book examines the intersection between contemporary International Commercial Arbitration and Shari?a law in order to determine possible tensions that may arise between the two systems. It develops evidentiary and procedural rules under Shari?a, as well as examining the consequences of stipulating qualifications of arbitrators based on gender and/or religion. The author extensively analyses the prohibition against interest (riba) and uncertainty (gharar) under Shari?a and its impact on arbitration agreements, arbitral awards and public policy. The book also explores the prohibition against riba in light of international conventions, such as the United Nations Convention on Contracts for the International Sale of Goods. Case studies in the book include the Asian International Arbitration Centre, formerly the Kuala Lumpur Regional Centre for Arbitration, and the International Islamic Centre for Reconciliation and Arbitration, as well as the ‘Shari’a Standards’ developed by the Accounting and Auditing Organization for Islamic Financial Institutions. The book will be a valuable resource for academics, students and practitioners working in the areas of Islamic law and the Islamic finance industry.

Rules Of Evidence In International Arbitration

Autor: Nathan D O'Malley
Publisher: Taylor & Francis
ISBN: 1317974786
File Size: 3,40 MB
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Rules of Evidence in International Arbitration: An Annotated Guide is a valuable reference for practitioners, arbitrators and in-house counsel involved in cross-border dispute resolution. Filled with examples drawn from arbitration case precedent, the book considers common issues and questions relating to evidentiary procedure. Features & Benefits: Focuses on evidentiary procedure with extensive case-based commentary and examples addressing common issues in international arbitration related to evidence Extensive annotations, which allow the reader to locate key precedents for use in practice Practitioner-focused, meaning common misconceptions and questions arising from the international arbitration procedure are addressed Organised in an easy-to-use style for quick reference This book will be an essential reference guide on evidence for practitioners of international arbitration. Filled with examples drawn from arbitration case precedent, the book considers common issues and questions relating to evidentiary procedure. Arbitrators and counsel will gain from this publication a better view of the best practices, accepted solutions to difficult procedural issues, and fundamental due process considerations which arise in connection with the use of evidence in international arbitration.

International Arbitration Law And Practice Third Edition

Autor: Mauro Rubino-Sammartano
Publisher: Juris Publishing, Inc.
ISBN: 1937518159
File Size: 19,46 MB
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This third edition of International Arbitration Law and Practice has been largely enriched by covering international commercial arbitrations, investment treaty arbitrations, arbitrations between public bodies, between states and individuals, the UNCITRAL model law and Iran-US Tribunal proceedings as well as commodity arbitration, online arbitration and sports arbitral proceedings. International Arbitration Law and Practice, 3rd edition elaborates new concepts such as a definition of international arbitration based on procedural law (different from transnational law) and a doctrine (the tronc commun doctrine) to identify the applicable substantive law on disputes between parties belonging to different countries. It further suggests that a law of international arbitration has arisen from the various conventions and laws. Besides dealing with all the aspects of arbitration on a topic by topic basis, the writer presents a third generation arbitration which builds on analysis of major obstacles to a smooth running arbitration.International Arbitration Law and Practice, 3rd edition is a work that anyone involved in arbitral proceedings will find to be absolutely indispensable.

The Development Of International Arbitration On Bilateral Investment Treaties

Autor: Zeynep Akgul
Publisher: Universal-Publishers
ISBN: 1599426692
File Size: 10,46 MB
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This dissertation analyses developments of international arbitration on investment disputes. Recent years, there has been an extraordinary increase in the number of investment arbitration for breach of Bilateral Investment Treaties (BITs). These treaties include substantive and procedural rules to provide investment security and investment neutrality to foreign investor. In particular, most BITs have investor-state dispute settlement provision which allows investors to sue host states directly. Through analyzing the Turkish BIT experience, this study concludes that there are different approaches that utilized in various investor-state dispute settlement provisions. Thus, the wording of these provisions is important. Furthermore, the ICSID arbitration is mostly incorporated into BITs dispute settlement provisions since the ICSID arbitration has an effective system and different characteristics from other types of international commercial arbitration. This dissertation examines not only the main features of the ICSID, but also the recent amendments made to the ICSID arbitration rules. Finally, after analyzing the concluded and pending ICSID cases against Turkey regarding energy sector, this study concludes that the ICSID has an important role for the development of the international arbitration on investment disputes.

Contemporary Issues In International Arbitration And Mediation

Autor: Arthur W. Rovine
Publisher: Martinus Nijhoff Publishers
ISBN: 9004230122
File Size: 11,52 MB
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These are the 2011 Fordham papers, the fifth annual volume of papers on international arbitration and mediation taken from the conference held at the Fordham Law School in New York City. The papers focus on both practical considerations and scholarly analyses.

Asian Leading Arbitrators Guide To International Arbitration

Autor: Michael Charles Pryles
Publisher: Juris Publishing, Inc.
ISBN: 1933833114
File Size: 13,10 MB
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The essays in this volume, prepared by a virtual “who’s who” of the leading arbitrators in Asia, present a unique insight into arbitration practices and procedures in the world’s largest and fastest growing region. This book offers thoughtful advice and insights into the world of international arbitration in Asia from some of the most prominent and experienced international arbitrators in the world. The contributors are arbitrators from Brunei Darussalam, China, Hong Kong, India, Indonesia, Japan, Korea, Malaysia, New Zealand, the Philippines, Singapore, United Kingdom and the USA. The contributors offer insights and advice on the way in which international arbitrations are carried out from the point of view of arbitrators reading pleadings and memorials and listening to witnesses and hearing arguments. The authors' discussions are intended to be thoughtful, insightful and useful - and perhaps, occasionally, iconoclastic. There may be instances in which the authors disagree with one another on certain points, for there are often many routes that can be taken to achieve a result. The book will be useful not only to persons who may serve as arbitrators in international arbitral proceedings but also to those who may, in their position as advocates, wish to persuade persons - including, perhaps, the authors.

Comparative Law Of International Arbitration

Autor: Jean-François Poudret
Publisher: Sweet & Maxwell
ISBN: 0421932104
File Size: 28,84 MB
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This new and updated English language edition of an acclaimed French language text guides practitioners through the international arbitration process from beginning to end. It covers each step of arbitral procedure, from the conclusion of the arbitration agreement to the enforcement of the arbitral award, from a comparative standpoint, helping practitioners decide which jurisdiction / institution's rules they wish to be bound by. beginning, middle and end of an international commercial arbitration; compares the rules in each of the major arbitration jurisdictions at each stage of the process; pinpoints strengths and weaknesses of arbitration in each jurisdiction; supplies detailed advice on topics such as the arbitration agreement, how to progress a case, the award and enforcement of the award; reproduces a comprehensive selection of comparative materials, drawn from the UNCITRAL and UN texts, as well as national legislation from Sweden, Belgium, Germany, England, Italy, Holland, France and Switzerland; and features materials on the form and content of arbitral deliberations not normally available in the public domain.

International Arbitration

Autor: Alfred Henry Adriaan Soons
Publisher: Martinus Nijhoff Publishers
ISBN: 9780792307068
File Size: 3,28 MB
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Building on the Foundations of public international arbitration in the 19th Century, the 20th century has witnessed a remarkable proliferation of courts for the international adjudication of disputes: e.q., the Permanent Court of International Justice the European Court of Justice, the European Court of Human Rights, & the Inter-American Court of Human Rights. As we approach the centenary of the first Hague Peace Conference of 1899 that inaugurated the 20th century international courts, a panel of international jurists evaluates existing & proposed international courts. International Courts for the Twenty-First Century uses the past & the present to prepare international courts for the new century. The authors help fashion the courts that can help settle international disputes in the coming decades.

Redfern And Hunter On International Arbitration

Autor: Nigel Blackaby
Publisher: Oxford Univ Pr
ISBN: 9780199557196
File Size: 15,12 MB
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This leading guide to international commercial arbitration is an invaluable teaching tool, based on a wealth of experience and practical insight from the authors. Now in its fifth edition, this classic text provides students with a clear and authoritative explanation of the law and practice of international arbitration. Concise and well organised, it leads the reader through the different stages of the arbitral process. It is renowned for its direct approach to complex issues and the writing has been praised for its accessible and pedagogical style. The logical structure of the book follows the chronology of an arbitration and the content includes advice on the drafting of the arbitration agreement as well as close examination of the award itself and comments on the special considerations applying to arbitrations brought under investment treaties. It covers applicable laws, the establishment and powers of a tribunal, the conduct of proceedings and the role of domestic courts and gives consideration to the challenge and enforcement of arbitral awards. Reference is made to the rules and practice of arbitration at the International Chamber of Commerce, the London Court of International Arbitration, the American Arbitration Association, the International Centre for Settlement of Investment Disputes and the United Nations Commission on International Trade Law. This new edition has been substantially updated to include fuller treatment of investment treaty arbitration and international arbitration beyond the UK and Europe as well as all the latest significant developments in the field. In particular, the fifth edition contains substantially more coverage of the law and practice of international arbitration in the US, Latin America, China and India. Previous editions have been praised as "an indispensible guide for anyone involved in, studying or simply interested in, international commercial arbitration" and "a natural student's choice". The commentary combines with the comprehensive and practical guidance to make this the leading text on the subject.

International Arbitration

Autor: John Norton Moore
Publisher: Martinus Nijhoff Publishers
ISBN: 9004246223
File Size: 23,29 MB
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International Arbitration: Contemporary Issues and Innovations brings together papers by top experts on arbitration which examine important contemporary issues in international arbitration.

The Art Of Advocacy In International Arbitration

Autor: R. Doak Bishop
Publisher: Juris Publishing, Inc.
ISBN: 1933833610
File Size: 4,19 MB
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Written by today’s leading arbitrators and counsel, this remarkably candid guide provides insight into the practitioner’s approach, conduct, style, and techniques that have proven most effective. While the facts and the law are fundamental, a successful outcome is the product of painstaking document review, witness interviews, legal research, strategizing and focusing the case, and developing compelling written and oral presentations. How to properly perform these tasks is the subject of this book. And where the first edition focused mainly on the cultural differences in advocacy performed in various regions of the world, this new edition expands on this theme by addressing each functional aspect of an international arbitration and the techniques that have been developed for good written and oral advocacy. Intended to assist both the novice in learning the techniques of advocacy, and the experienced advocate in improving his skills, this is an essential reference.

International Arbitration From Athens To Locarno

Autor: Jackson H. Ralston
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584773960
File Size: 30,58 MB
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Ralston, Jackson H. International Arbitration from Athens to Locarno. Stanford University Press, 1929. xvi, 417 pp. Reprinted 2004 by The Lawbook Exchange, Ltd. ISBN 1-58477-396-0. Cloth. $110. * Ralston [1857-1945] was an American diplomat and scholar of international law. Written from the perspective of a professional, this study is notable for its deep understanding of history and the nature of international arbitration. The first part outlines general principles of judicial settlement between nations. The second part is a historical survey of international arbitration from antiquity to the Treaty of Locarno (1925).