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International Arbitration

Autor: Gary Born
Publisher:
ISBN: 9789041145628
File Size: 26,45 MB
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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: 27,94 MB
Format: PDF
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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.

Comparative Law Of International Arbitration

Autor: Jean-François Poudret
Publisher: Sweet & Maxwell
ISBN: 0421932104
File Size: 15,64 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.

The Principles And Practice Of International Commercial Arbitration

Autor: Margaret L. Moses
Publisher: Cambridge University Press
ISBN: 1139469975
File Size: 25,38 MB
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This title provides the reader with immediate access to understanding the world of international arbitration. Arbitration has become the dispute resolution method of choice in international transactions. This book explains how and why arbitration works. It provides the legal and regulatory framework for international arbitration, as well as practical strategies to follow and pitfalls to avoid. It is short and readable, but comprehensive in its coverage of the basic requirements, including changes in arbitration laws, rules, and guidelines. In the book, the author includes insights from numerous international arbitrators and counsel, who tell firsthand about their own experiences of arbitration and their views of the best arbitration practices. Throughout the book, the principles of arbitration are supported and explained by the practice, providing a concrete approach to an important means of resolving disputes.

International Arbitration

Autor: John Norton Moore
Publisher: Martinus Nijhoff Publishers
ISBN: 9004246223
File Size: 17,97 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.

International Arbitration And Mediation

Autor: Michael McIlwrath
Publisher: Kluwer Law International B.V.
ISBN: 9041126104
File Size: 28,32 MB
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This book is intended as an easily accessible desktop resource for lawyers who regularly counsel businesses when negotiating international deals, and for those who represent the same clients in achieving a successful resolution when disputes emerge. The text is divided into chapters that follow the life cycle of an international commercial dispute as seen through the eyes of the parties, from when they agree how to resolve disputes in their contracts to the endgame of enforcement. Additionally, the appendices include a number of model submissions for further reference.--Provided by publisher.

Precedent In International Arbitration

Autor: Emmanuel Gaillard
Publisher: Juris Publishing, Inc.
ISBN: 1933833149
File Size: 3,62 MB
Format: PDF
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IAI Series No. 5 The International Arbitration Institute (IAI) series on international arbitration is a new periodic series of publications that will focus on cutting edge issues and developments in international arbitration. About the IAI: The International Arbitration Institute (IAI), an organization created under the auspices of the Comite Francais de l'Arbitrage (CFA), was created to promote exchanges international arbitration. The IAI is designed to promote exchanges on current issues in the field of international commercial arbitration. Its activities include the regular organization of international conferences, colloquiums, as well as conducting various research projects. About the book: Arbitrators routinely refer in their decisions to awards rendered by other arbitral tribunals that deal with the same issues. However natural it may seem to arbitrators and to parties who will refer to arbitral precedents in an attempt to support their position, such an approach raises many practical and theoretical questions: Is there such a thing as arbitral precedent? What weight should arbitrators give to decisions previously rendered by other arbitral tribunals? Can arbitral "case law" exist without consistency? Does such consistency exist? Is it necessary or simply desirable? What is the respective weight to be given to arbitral and national case law when arbitrators have to decide a case in accordance with a given law? These are some of the questions that this book explores, in the context of both international commercial arbitration and investment arbitration.

Islamic Law And International Commercial Arbitration

Autor: Maria Bhatti
Publisher: Routledge
ISBN: 042988821X
File Size: 21,27 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.

International Challenges In Investment Arbitration

Autor: Mesut Akbaba
Publisher: Routledge
ISBN: 1351580124
File Size: 9,69 MB
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As the proverbial workhorse of international economic law, investment arbitration is heavily relied upon around the globe. It has to cope with the demands of increasingly complex proceedings. At the same time, investment arbitration has come under close public scrutiny in the midst of heated political debate. Both of these factors have led to the field of investment protection being subject to continuous changes. Therefore, it presents an abundance of challenges in its interpretation and application. While these challenges are often deeply rooted in the doctrinal foundations of international law, they similarly surface during live arbitral proceedings. International Challenges in Investment Arbitration serves not only as a collection of recently debated issues in investment law; it also deals with the underlying fundamental questions at the intersection of investment arbitration and international law. The book is the product of the 1st Bucerius Law Journal Conference on International Investment Law & Arbitration. It combines the current state of knowledge, new perspectives on the topic as well as practical issues and will be of interest to researchers, academics and practitioners in the fields of international investment law, international economic law, regulation and comparative law.

Electronic Disclosure In International Arbitration

Autor: David J. Howell
Publisher: Juris Publishing, Inc.
ISBN: 193383322X
File Size: 26,70 MB
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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.

Rules Of Evidence In International Arbitration

Autor: Nathan D O'Malley
Publisher: Taylor & Francis
ISBN: 1317974786
File Size: 15,54 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.

Asian Leading Arbitrators Guide To International Arbitration

Autor: Michael Charles Pryles
Publisher: Juris Publishing, Inc.
ISBN: 1933833114
File Size: 20,78 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.

International Arbitration Law And Practice Third Edition

Autor: Mauro Rubino-Sammartano
Publisher: Juris Publishing, Inc.
ISBN: 1937518159
File Size: 8,44 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.

State Entities In International Arbitration

Autor: Emmanuel Gaillard
Publisher: Juris Publishing, Inc.
ISBN: 1929446969
File Size: 27,46 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.

Contemporary Issues In International Arbitration And Mediation

Autor: Arthur W. Rovine
Publisher: Martinus Nijhoff Publishers
ISBN: 9004230122
File Size: 3,96 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.

International Arbitration

Autor: Alfred Henry Adriaan Soons
Publisher: Martinus Nijhoff Publishers
ISBN: 9780792307068
File Size: 19,24 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.

Interim Measures In International Commercial Arbitration

Autor: Association for International Arbitration
Publisher: Maklu
ISBN: 9789046601440
File Size: 21,78 MB
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The Association for International Arbitration (AIA) was founded in order to promote Arbitration and increase the level of knowledge about Alternative Dispute Resolutions.This book is the result of a conference held in October 2007.The contributions are written by international experts and based on analytical insights and research of new tendencies that provide in-depth information.The theme is a vital issue for arbitration services users and practitioners and also an interesting topic for scholars and students.