International Commercial Arbitration

Important Contemporary Questions

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Author: A. J. van den Berg

Publisher: Kluwer Law International B.V.

ISBN: 9041122192

Category: Law

Page: 518

View: 567

The collected papers in ICCA Congress Series no. 11, as reflected in its title, address important contemporary questions in international commercial arbitration. Included are contributions written by participants in the UNCITRAL Working Group on Arbitration and Conciliation on its current work on the requirement of a written form for an arbitration agreement, interim measures of protection and UNCITRAL?s Model Law on International Commercial Conciliation. Further contributions give leading practitioners? views on illegality in the formation and performance of contracts or in the conduct of the arbitration, examining questions on how the arbitral tribunal should deal with these vexed issues and how forgery and fraud may be detected. The factors that lead to acceptance by parties of the decisions of arbitrators are dealt with in contributions on the psychological aspects of dispute resolution. The volume concludes with a series of articles on arbitration under investment treaties written by experienced arbitrators and practitioners, with special emphasis on ICSID and NAFTA and the emerging issues of transparency, accountability and review. Contains lengthy articles on the ongoing work of UNCITRAL on proposed amendments to the UNCITRAL Model Law on International Commercial Arbitration and the recently adopted Model Law on International Commercial Conciliation Details the current thinking on the requirement of an arbitration agreement in writing and how this can be accommodated by the UNCITRAL Model Law and the 1958 New York Convention Addresses the granting of interim measures by arbitral tribunals and their enforcement by national and foreign courts Analyzes issues raised by illegality in the formation and performance of contracts and in the conduct arbitrations and provides a systematic overview of the answers given by legislation, arbitrators and courts Provides insight into the attitudes of arbitrators and parties regarding dispute settlement processes Addresses the changing public perception of arbitration under investment treaties

Comparative International Commercial Arbitration

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Author: Julian D. M. Lew,Loukas A. Mistelis,Stefan Michael Kröll,Stefan Kröll

Publisher: Kluwer Law International B.V.

ISBN: 9041115684

Category: Law

Page: 953

View: 5041

This treatise describes the practice of international commercial arbitration with reference to the major international treaties and instruments, arbitration rules and national laws. It provides an analysis of the interaction between party autonomy and arbitration practice.

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: 7155

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

International Commercial Arbitration in Asia

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Author: Philip J. McConnaughay,Tom Ginsburg

Publisher: Juris Net Llc

ISBN: N.A

Category: Political Science

Page: 546

View: 2477

This treatise brings together some of Asia's foremost scholars and practitioners to provide an in-depth commentary on the laws and institutions involved with commercial arbitration in each of Asia's leading trading nations: China, Hong Kong, Indonesia, Japan, Korea, Malaysia, Philippines, Singapore, Taiwan, Thailand, and Vietnam. Each chapter covers not only the laws, procedures, institutions and customs affecting international commercial disputes, but also the differences between Western and Asian clients in the assignment of importance to each factor in the decision making process. The accompanying CD-Rom is devoted to original source materials, such as institutional and national rules and national legislation.

International Commercial Arbitration

American Principles and Practice in a Global Context

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Author: Jack J. Coe

Publisher: Transnational Pub Incorporated

ISBN: N.A

Category: Law

Page: 948

View: 7922

This practical handbook of the principles & procedures of international commercial arbitration gains in usefulness & prestige each year. Emphasizing the features of American law that pervade international practice in this field, it is of inestimable value to practitioners both in & outside the United States. Introductory chapters on the international business environment & alternative dispute settlement methods apart from arbitration are followed by a general presentation of common themes in international commercial arbitration. The author then provides an introduction to the American system for the foreign reader. Further chapters cover the arbitration agreement & its enforcement, drafting considerations for the arbitral clause, a survey of arbitral institutions, judicial assistance for arbitration, aspects of arbitral proceedings, & the powers & functions of the arbitral tribunal. Matters relating to the award are also covered, & a final chapter deals with the particular situation of the State as a party to arbitration.

International Commercial Arbitration

An Asia-Pacific Perspective

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Author: Simon Greenberg,Christopher Kee,J. Romesh Weeramantry

Publisher: Cambridge University Press

ISBN: 113949449X

Category: Law

Page: N.A

View: 5120

There has been an exponential rise in the use of ICA for resolving international business disputes, yet international arbitration is a scarcely regulated, specialty industry. International Commercial Arbitration: An Asia Pacific Perspective is the first book to explain ICA topic by topic with an Asia Pacific focus. Written for students and practising lawyers alike, this authoritative book covers the principles of ICA thoroughly and comparatively. For each issue it utilises academic writings from Asia, Europe and elsewhere, and draws on examples of legislation, arbitration procedural rules and case law from the major Asian jurisdictions. Each principle is explained with a simple statement before proceeding to more technical, theoretical or comparative content. Real-world scenarios are employed to demonstrate actual application to practice. International Commercial Arbitration is an invaluable resource that provides unique insight into real arbitral practice specific to the Asia Pacific region, within a global context.

Handbook on International Commercial Arbitration

Second Edition

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Author: Peter Ashford

Publisher: Juris Publishing, Inc.

ISBN: 1937518329

Category: Law

Page: 496

View: 5962

This handbook will assist the practitioner, whether lawyer, counsel or arbitrator, in some of the practical minefields of international commercial arbitration. It considers the typical course of an international commercial arbitral proceeding, from deciding what claims may be arbitrated to calculating damages and the contents of an award, giving guidance and sample documents for each step. It also provides an extensive discussion of discovery and the presentation of evidence during hearings. This will work in aid the efficiency of the arbitral process, especially by reducing time and cost. For counsel and arbitrators alike, it provides a convenient reference work for the problems that inevitably arise in the procedural and substantive steps in arbitration. Analyzing the relevant law and rules from a range of jurisdictions and international arbitral institutions, the Handbook is a truly invaluable companion for everyone involved in international commercial arbitration.

Interim Measures in International Commercial Arbitration

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Author: Association for International Arbitration

Publisher: Maklu

ISBN: 9789046601440

Category: Law

Page: 131

View: 6884

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.

Confidentiality in International Commercial Arbitration

A Comparative Analysis of the Position under English, US, German and French Law

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Author: Kyriaki Noussia

Publisher: Springer Science & Business Media

ISBN: 9783642102240

Category: Law

Page: 200

View: 6597

Arbitration is an essential component in business. In an age when transparency is a maxim, important issues which the laws governing arbitration currently fail to address are the extent to which disclosure of information can be constrained by private agreement along with the extent to which the duty to preserve confidentiality can be stretched. Absent a coherent legal framework and extensive qualitative and quantitative data, it is equally difficult to suggest and predict future directions. This book offers a tool for attaining centralised access to otherwise fragmentary and dispersed material, as well as a comprehensive analysis and detailed exposition of the position in relation to confidentiality in arbitration in the jurisdictions of England, USA, France and Germany.

Fouchard, Gaillard, Goldman on International Commercial Arbitration

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Author: Philippe Fouchard,Berthold Goldman

Publisher: Kluwer Law International B.V.

ISBN: 9041110259

Category: Law

Page: 1280

View: 6428

Based on and includes revisions to : Traité de l'arbitrage commercial international / Ph. Fouchard, E. Gaillard, B. Goldman. 1996--Cf. foreword.

Bias Challenges in International Commercial Arbitration

The Need for a 'real Danger' Test

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Author: Sam Luttrell

Publisher: Kluwer Law International B.V.

ISBN: 9041131914

Category: Law

Page: 296

View: 6999

Shows how 'dirty' challenge tactics are made viable primarily by the prevalence of a judicially derived test for bias which focuses on appearances, rather than facts and He argues that the most commonly used test of bias, the 'reasonable apprehension' test, makes it easy to allege a lack of impartiality and independence.

Confidentiality in International Commercial Arbitration

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Author: Ileana M. Smeureanu

Publisher: Kluwer Law International B.V.

ISBN: 9041132260

Category: Law

Page: 232

View: 2645

After neutrality and international enforcement, the next most valued feature of international commercial arbitration is confidentiality. For reasons easy to imagine, businessmen do not want their trade secrets, business plans, strategies, contracts, financial results or any other types of business information to be publicly accessible, as would commonly happen in court proceedings. Yet the case law of arbitration shows that in practical terms confidentiality is not to be taken for granted - in fact, it has become one of the most undetermined matters in international arbitration. Although 'the emperor of arbitration may have clothes, ' as one scholar has quipped, his raiments of secrecy can be 'torn with surprising ease'. This book deciphers the current degree of confidentiality in international commercial arbitration as reflected by the most important arbitration rules, national laws, other arbitration-related enactments, and practices of arbitral tribunals and domestic courts globally. Drawing on this data and analysis, the author then sets forth criteria to assess the breach of confidentiality in international arbitration and the proper rules for protecting or sanctioning such breaches. What do we understand by confidentiality in arbitration? What are its limitations? Who is bound to observe it? How can we quantify its breach? In addressing these questions, the book engages such issues as the following: reasons for disclosure - e.g., for the establishment of a defence, for the enforcement of rights, in the public interest or in the interests of justice disclosure by consent, express or implied; circumstances triggering statutory obligation of disclosure; recent trends towards greater transparency in investor-State arbitration; court measures in support of arbitral confidentiality such as award of damages for breach of confidentiality; and categories of persons bound by confidentiality, including third parties such as witnesses and experts. Structured along the main stages of the arbitral process, the analysis covers the duty of confidentiality from the initiation of arbitral proceedings through their unfolding to the issuance of the award and after. The scope of confidentiality is reviewed in the practice of arbitral tribunals and domestic courts, and from the perspective of international arbitration institutions, with detailed attention to various arbitration rules and numerous significant cases. In its elucidation of the amount of confidentiality that 'veils' each phase of the arbitral process, and its ground-breaking identification of 'patterns of disclosure', this book is sure to raise awareness about the various facets and problems posed by confidentiality in arbitration. Although its scholarly contribution to the law of international commercial arbitration cannot be gainsaid, corporate counsel worldwide will quickly prize its more practical value.

The fundamentals of international commercial arbitration

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Author: Niek Peters

Publisher: Maklu

ISBN: 9046609111

Category:

Page: 278

View: 4235

Written from a comparative perspective, with an eye for international conventions and instruments, this book deals with the particulars of international commercial arbitration. In an easily accessible manner it amongst others considers: • the characteristics of international commercial arbitration • advantages and perceived disadvantages of international commercial arbitration • pros and cons of ad hoc and institutional arbitration • laws applicable in international commercial arbitration • essentials of the arbitration agreement and questions of arbitrability • the establishment and composition of the tribunal • the duty to disclose conflicts of interests and the challenge of arbitrators • the end of the arbitrators’ mandate and their replacement • the organisation of the arbitration • powers, duties and liability of arbitrators • the jurisdiction of arbitrators • the course of the arbitration proceedings, from the request for arbitration to the award, including questions of evidence and document production • the form and contents of awards • recognition, enforcement and annulment of awards Everything is presented practically and analytically, amongst others drawing on case law different and the experience of the author. Where indicated national arbitration acts as well as various predrafted arbitration rules are compared and differences are highlighted. For those who want to get acquainted with international commercial arbitration or seek guidance with regard to a specific question that may arise in the course of an international commercial arbitration this book provides a convenient work.

International Commercial Arbitration

Different Forms and Their Features

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Author: Giuditta Cordero-Moss

Publisher: Cambridge University Press

ISBN: 1107033489

Category: Law

Page: 442

View: 8123

Highlights specific features of various international commercial arbitration forms, thus enabling lawyers drafting arbitration clauses to make informed choices.

International Commercial Arbitration and African States

Practice, Participation and Institutional Development

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Author: Amazu A. Asouzu

Publisher: Cambridge University Press

ISBN: 9780521641326

Category: Law

Page: 533

View: 7563

An examination of arbitral and alternative dispute resolution (ADR) processes in the African context.

Dealing in Virtue

International Commercial Arbitration and the Construction of a Transnational Legal Order

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Author: Yves Dezalay,Bryant G. Garth

Publisher: University of Chicago Press

ISBN: 9780226144221

Category: Business & Economics

Page: 343

View: 4328

In recent years, international business disputes have increasingly been resolved through private arbitration. This book details how an elite group of transnational lawyers constructed an autonomous legal field that has given them a central and powerful role in the global marketplace.

Essays on International Commercial Arbitration

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Author: Petar Sarcevic

Publisher: BRILL

ISBN: 9780860107057

Category: Law

Page: 247

View: 7806

In the light of the considerable reliance placed by the international business community on systems of dispute settlement, this work gathers together contributions (in French & English) by experts from a wide range of specialisations. They successfully address the regulation & practice of arbitration in the Arab World, assessing the contribution of European & American legislation & the impact of the UNCITRAL model law. The contributions by eminent legal practitioners, academics, members of government & judiciary, reflect also upon current developments. The volume publishes the proceedings of the third Euro-Arab Congress held in Amman, October 1989; the second volume Euro-Arab Arbitration II was published in 1989 by Graham & Trotman.