International Arbitration

Law and Practice

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Author: Gary B. Born

Publisher: N.A

ISBN: 9789041166371

Category: Law

Page: 480

View: 6266

International Arbitration: Law and Practice (Second Edition) provides a comprehensive coverage of the basic principles and legal doctrines, and the practice, of international arbitration. It contains a systematic and concise treatment of all aspects of the arbitral process, including international arbitration agreements, international arbitral proceedings and international arbitral awards. The book addresses both international commercial arbitration and the related fields of investment and state-to-state arbitration, and is essential reading for any student of international arbitration and any practitioner seeking a complete introduction to the field. Accolades for Gary B. Bornand’s International Commercial Arbitration (2009 and& 2nd ed. 2014), recipient of the American Society of International Lawand’s 2010 Certificate of Merit: and“An unparalleled book on the law, practice and theory of international commercial arbitration and… indispensable for both practitioners and academics.and” Professor Jack L. Goldsmith III, Harvard Law School and“Stunningly comprehensive, accessible, and bristling with insights: the definitive text on international arbitration.and” Professor Harold Hongju Koh, Yale Law School and“A monumental work of legal scholarship.and” Professor Campbell McLachlan, Victoria University of Wellington and“An extraordinary combination of both practical experience and academic analysis.and” Professor Dr. Daniel Girsberger, University of Lucerne

Arbitration Law and Practice in China

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Author: Jingzhou Tao

Publisher: Kluwer Law International B.V.

ISBN: 9041127488

Category: Law

Page: 436

View: 9344

Here in a revised and updated edition is a book that has been widely relied upon since 2003 by business people and their counsel with interests in China. Written by a foremost Chinese arbitration authority who is also an internationally-known arbitrator, Arbitration Law and Practice in China clearly shows that, despite obstacles, arbitration has emerged as the preferred method For The resolution of international commercial disputes with a Chinese party or parties. Covering all current legislative trends, The new edition focuses on those aspects of the applicable law, interpretation and implementation that have combined to produce a unique system of arbitration, often referred to as Arbitration with Chinese Characteristics. Both of the key international arbitration institutions, The China International Economic and Trade Arbitration Commission (CIETAC) And The China Maritime Arbitration Commission (CMAC) are described in depth. The author’s insightful approach highlights the following aspects of the subject and more: what is permitted and what is prohibited under the Arbitration Law; enforcement of foreign judgements in China and of Chinese judgements elsewhere; application of uniform procedural rules; measures to overcome local protectionism; effects of China’s most important bilateral investment treaties (BITs); arbitration-related interpretations of the Supreme People’s Court; forms of arbitration agreement; and substantive requirements of the arbitration agreement. With first-hand expert guidance on the actual handling of arbitration cases, recommended arbitration agreement clauses for numerous contingencies, case studies and comparative cases to elucidate the handling of specific issues, and abundant legal instruments for quick, direct reference To The relevant law– and an annex with English texts of the most important laws and regulations – this book offers all the details and insights a practitioner needs. While Arbitration Law and Practice in China is primarily a detailed, practical examination of Chinese arbitration practice and related laws, the book’s special significance to non-Chinese practitioners lies in its attention to the difference between Chinese arbitration And The prevailing practice in Western countries, particularly where such difference represents a significant divergence. For this reason it will be of great practical value to business people everywhere operating or seeking opportunities to partner with Chinese enterprises. it will also be useful to corporate counsel, arbitration institutions, and students of dispute resolution.

International Arbitration: Law and Practice in Switzerland

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Author: Gabrielle Kaufmann-Kohler,Antonio Rigozzi

Publisher: Oxford University Press

ISBN: 0191669180

Category: Law

Page: 672

View: 9649

This book expounds the theory of international arbitration law. It explains in easily accessible terms all the fundamentals of arbitration, from separability of the arbitration agreement to competence-competence over procedural autonomy, finality of the award, and many other concepts. It does so with a focus on international arbitration law and jurisprudence in Switzerland, a global leader in the field. With a broader reach than a commentary of Chapter 12 of the Swiss Private International Law Act, the discussion contains numerous references to comparative law and its developments in addition to an extensive review of the practice of international tribunals. Written by two well-known specialists - Professor Kaufmann-Kohler being one of the leading arbitrators worldwide and Professor Rigozzi one of the foremost experts in sports arbitration - the work reflects many years of experience in managing arbitral proceedings involving commercial, investment, and sports disputes. This expertise is the basis for the solutions proposed to resolve the many practical issues that may arise in the course of an arbitration. It also informs the discussion of the arbitration rules addressed in the book, from the ICC Arbitration Rules to the Swiss Rules of International Arbitration, the CAS Code, and the UNCITRAL Rules. While the book covers commercial and sports arbitrations primarily, it also applies to investment arbitrations conducted under rules other than the ICSID framework.

International Arbitration Law and Practice, Third Edition

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Author: Mauro Rubino-Sammartano

Publisher: Juris Publishing, Inc.

ISBN: 1937518159

Category: Law

Page: 2072

View: 9686

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.

International Arbitration

Law and Practice

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Author: John Liddle Simpson,Hazel Fox

Publisher: N.A

ISBN: N.A

Category: Arbitration (International law)

Page: 330

View: 1836

French Arbitration Law and Practice

A Dynamic Civil Law Approach to International Arbitration

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Author: Jean-Louis Delvolvé,Jean Rouche,Gerald H. Pointon

Publisher: Kluwer Law International B.V.

ISBN: 9041126902

Category: Law

Page: 364

View: 4671

Previous edition, 1st, published in 2003.

Law and Practice of International Commercial Arbitration

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Author: Alan Redfern

Publisher: Sweet & Maxwell

ISBN: 9780421862401

Category: Arbitration and award, International

Page: 659

View: 2448

Highly acclaimed by practitioners all over the world, Law & Practice of International Commercial Arbitration has deservedly become the leading text in its field. With its comprehensive review of the legal context within which international commercial arbitration operates, Redfern & Hunter is the ultimate user-friendly explanation of how arbitration, and in particular international commercial arbitration, works. The 4th edition has been expanded to give a wider global scope to the work. Readers can also benefit from the expert insight and advice of world-renowned international practitioners. international practitioner * Contains a comprehensive review of the international commercial arbitration process from start to finish * Includes commentary on suitable places of arbitration, developments in international trade law and the increasing harmonisation of national laws governing international arbitration * Appendices include the major international rules of arbitration and conventions * Explains how arbitration should be conducted to be cost effective and profitable * Fully updated to take account of the latest developments all over the world - including a new chapter on investment arbitrations

Arbitration Law and Practice in Central and Eastern Europe

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Author: Christoph Liebscher,Alice A. Fremuth-Wolf

Publisher: Juris Publishing, Inc.

ISBN: 1929446950

Category: Arbitration and award

Page: 1760

View: 7695

"The focus of Arbitration Law and Practice in Central and Eastern Europe is to provide an understanding of the involvement of state authority in arbitrations and offer practical ideas on arbitration procedures for countries in this region. Adopting a questionnaire format devised by the editors, issues are investigated from both the arbitrator's and the counsel's perspectives and important tactical issues are discussed. It is inevitable, however, that the reader may occasionally be disappointed to find an unanswered question. The editors, authors and contributors ask for patience as the reader tries to find specific answers to questions which would not have been posed ten years ago. Case law is generally sparse in these countries, legal reforms are recent, and therefore the legal writing is limited and does not cover the entire array of questions that may arise. The book is an indispensable reference and guide for arbitrators and party representatives who are engaged in arbitrations in the region."--Publisher's website.

Arbitration Law of Austria

Practice and Procedure

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Author: Stefan Riegler,Alexander Petsche,Alice Fremuth-Wolf,Christoph Liebscher

Publisher: Juris Publishing, Inc.

ISBN: 1933833076

Category: Arbitration and award

Page: 1044

View: 5686

Arbitration Law of Austria, with over 800 pages of commentary and analysis, provides the reader in a "one-stop-shop" manner with a concise but comprehensive tool for understanding and conducting arbitrations under the Austrian Arbitration Act and the Vienna Rules. Austria has taken account of international developments and revised its law on arbitration. The new Arbitration Act, which is based on the UNCITRAL Model Law, entered into force on 1 July 2006. Arbitration Law of Austria: Practice and Procedure has been designed to be a reference book for arbitration practitioners and everyone who wants to familiarize themselves in depth with Austrian arbitration law and practice (including the "Vienna Rules"). It gives a concise introduction and provides a practical commentary to each section of the new Arbitration Act and each article of the Vienna Rules. Section by section the book analyzes which case law rendered under the old regime still applies and, for the first time, summarises Austrian case law in English. In addition, five topics of particular interest are covered in detail: arbitration agreements and third parties; confidentiality in arbitration; arbitrators' liability, enforcement and recognition of arbitral awards, and arbitration and bankruptcy.

Pervasive Problems in International Arbitration

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Author: Loukas A. Mistelis,Julian D. M. Lew

Publisher: Kluwer Law International B.V.

ISBN: 9041124500

Category: Law

Page: 391

View: 7357

"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.

Arbitration of International Business Disputes

Studies in Law and Practice

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Author: William W. Park

Publisher: OUP Oxford

ISBN: 0191634816

Category: Law

Page: 904

View: 8806

Arbitration of International Business Disputes 2nd edition is a fully revised and updated anthology of essays by Rusty Park, a leading scholar in international arbitration and a sought-after arbitrator for both commercial and investment treaty cases. This collection focuses on controversial questions in arbitration of trade, financial, and investment disputes. The essays address some of the most interesting topics in cross-border business dispute resolution, many of which have endured over several decades and remain subject to radically different views. Examples include the proper role of judicial review, the allocation of jurisdictional tasks, evolution of arbitration's statutory and treaty framework, free trade and bilateral investment agreements, and the balance between fixed rules and arbitral discretion. The book is structured around three themes: arbitration's legal framework; the conduct of arbitral proceedings; and a comparison of arbitration in specific fields such as finance, intellectual property, and taxation. In each of these areas, analysis includes the tensions between fairness and efficiency, and the accurate application of substantive law as well as the implications of mandatory procedural norms. Augmented by more than a dozen new contributions and a revised introduction, this 2nd edition retains all of its earlier practical and scholarly relevance, and includes a Foreword by V. V. (Johnny) Veeder QC.

Law and Practice of Arbitration - Fifth Edition

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Author: Thomas E. Carbonneau

Publisher: Juris Publishing, Inc.

ISBN: 1937518361

Category: Law

Page: 730

View: 2387

The Law and Practice of Arbitration is a comprehensive treatise about the development and practice of arbitration law in the United States. It addresses in detail the recourse to arbitration in domestic matters -- employment, labor, consumer transactions, and business -- and its use in the resolution of international commercial claims. It covers all of the major subject areas in the field and provides practical advice as well as an easy-to-read, clear discussion of the relevant case law. It represents a masterful synthesis of the entire body of arbitration law. It discusses basic concepts and doctrines, the FAA, freedom of contract in arbitration, arbitrability, the enforcement of awards, the use of arbitration in consumer and employment matters, institutional arbitration, and the drafting of arbitration agreements. It speaks of the federalization of the law and growing judicial objections to the use of adhesionary arbitration agreements in the consumer context, The volume represents the author's continuing in-depth reflection on the practical and systemic consequences of United States Supreme Court's decisional law on arbitration -- a process that is instrumental to the operation of the United States legal system as well as international business. The work continues its tradition of being the best statement on U.S. arbitration law and practice. The Law and Practice of Arbitration is a handy reference for all who have an interest in arbitration law and practice. The new Fifth Edition of Carbonneau’s treatise is built upon a comprehensive update of the federal circuit and U.S. Supreme Court cases on arbitration. The Introduction has been rewritten to take into account AT & T Mobility v. Concepcion and the American Express Merchants’ Litigation in the development of U.S. arbitration law. These decisions represent landmark USSC pronouncements on adhesive arbitration. The Introduction also contains a new section on the foundational legitimacy of arbitration in the U.S. legal system. The two landmark decisions are also incorporated into the text of Chapter 8 on the topic of adhesive arbitration. Chapter 9 on the award enforcement assesses the standing of Stolt-Nielsen in light of the Court’s recent decision in Sutter, asking whether this re-evaluation might be a de facto reversal of the earlier and highly unusual opinion. The assessment takes into account Justice Alito’s concurring opinion in Sutter. Chapter 10 on International Commercial Arbitration has undergone substantial rewriting and makes its various points more lucidly and effectively. This is also true of chapters 2, 3, and 5. Many footnotes have been perfected in form and content. The per curiam opinions---KPMG LLP v. Cocchi, Marmet Health Care v. Brown, and Nitro-Lift v. Howard---are all integrated into the text and fully assessed. The USSC’s decision in CompuCredit v. Greenwood is evaluated for its significance on the issue of Congressional intent to preclude arbitration. There are updates on how the courts define arbitration, the waiver of the right to arbitrate (in particular, the Ninth Circuit opinion in Richards v. Ernst & Young), the enforcement of arbitration agreement, with emphasis upon the curious Third Circuit decision on the matter in Guidotti, the latest adherents to the ill-conceived RUAA, the Ninth Circuit’s favorable response to AT&T Mobilty in Mortensen and Murphy, and an assessment of recent developments on the judicial imposition of penalties for frivolous vacatur actions. The treatise continues to be a highly contemporary and complete statement on the law of arbitration.

International Arbitration

Commercial and Investment Treaty Law and Practice

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Author: Elliot E. Polebaum

Publisher: N.A

ISBN: 9781588523914

Category: International commercial arbitration

Page: N.A

View: 2201

For international business transactions, international arbitration is the dispute resolution mechanism of choice. While not without room for improvement, international commercial arbitration offers distinct advantages over litigating in the public courts of one's counterparty, including a neutral forum, control over the selection of arbitrators, and a final, enforceable and transportable award. Other advantages include relative confidentiality and the opportunity to tailor the proceedings to the needs of the parties. The book International Arbitration: Commercial and Investment Treaty Law and Practice by Elliot Polebaum explores the different facets and types of international arbitration agreements, including the consequences of what the parties have provided or failed to provide. The book also discusses the different stages of an arbitration proceeding, including initiation of the case, constitution of the tribunal, interim measures, discovery, pre-hearing submissions, the hearing on the merits, awards, and annulment and enforcement proceedings. The legal framework in which all of this transpires--international conventions, national arbitration laws, arbitration rules, and the business agreement between the parties--is also considered. Additionally, the book takes up the subject of investment treaty arbitration in detail. Foreign investors have a strong preference to resolve their investment disputes with States in a neutral arbitral forum rather than in the State's own courts. This book addresses the legal framework within which these investment treaty arbitrations take place, including discussion of the terms of investment treaties, and the jurisdiction and procedure of investment treaty arbitrations under the auspices of the International Centre for Settlement of Investment Disputes in particular. The book also explores the substantive grounds of investors' treaty claims against States, States' defenses and counterclaims, remedies, and annulment and enforcement of investment awards.

Arbitration of Commercial Disputes

International and English Law and Practice

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Author: Andrew Tweeddale,Keren Tweeddale

Publisher: Oxford University Press, USA

ISBN: 9780199216475

Category: Law

Page: 1010

View: 9994

This significant work is now reissued in paperback, without appendices. The text provides a detailed yet clear and accessible guide to English and international arbitration law. The book initially deals with the principles of arbitration as examined from an international perspective. The authors identify fundamental principles of arbitration law that are common to all jurisdictions, and show how some principles of arbitration law are treated differently in various jurisdictions. The bookalso examines some of the key jurisprudential questions, such as whether an international commercial arbitration is anchored to the place or seat of the arbitration, whether an arbitral award can be enforced even it has been annulled, and the continuing development and use of the lex mercatoria to resolve international commercial arbitrations. The sections on English arbitration law are structured around the provisions of the English Arbitration Act 1996. The work examines in turn the parties to the arbitration, the arbitration agreement, the powers and jurisdiction of the arbitral tribunal, the making of an award and its enforcement. In order to assist practitioners the authors have particularly focused on areas of the law which have changed over recent years and which are still developing. The book gives detailed analysis of court decisions and trends in areas where no clear authority exists, such as in the incorporation of arbitration clauses, and the drafting of arbitrationnotices. The book also deals thoroughly with costs and appeals. The final section of Arbitration of Commercial Disputes provides a comprehensive set of precedents. The precedents section includes both standard arbitration clauses and bespoke agreements, plus examples of clauses dealing with other forms of ADR prior to arbitration. There are also a number of procedural precedents including a set of Terms of Reference, Directions and a confidentiality agreement. There is finally a set of Awards and a section on applications to the English courts.

Arbitration Law of Sweden

Practice and Procedure

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Author: Lars Heuman

Publisher: Juris Publishing, Inc.

ISBN: 1929446209

Category: Law

Page: 872

View: 2796

This book is a practical and scholarly work on the new Swedish Arbitration Act of 1999. It deals with international arbitration and enforcement of foreign arbitral awards in Sweden. Arbitration Law of Sweden is based on a comprehensive analysis of earlier Swedish court practice that is still relevant. Issues are investigated from both the arbitrator's and the counsel's perspectives, and important tactical issues are discussed. The book is indispensable for arbitrators and party representatives who are engaged in Swedish arbitrations.