Carbonneau on International Arbitration

Collected Essays

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Author: Thomas E. Carbonneau

Publisher: Juris Publishing, Inc.

ISBN: 1933833343

Category: Law

Page: 564

View: 7307

The chapters of this volume represent the majority of Professor Carbonneau’s scholarly writings on the subject of international commercial arbitration. They reflect his interest over the course of thirty years of law-teaching in international litigation, comparative law, and-of course - international arbitration. Some of the chapters are of a recent vintage, while others were written a decade or two ago. Whatever their date of production, the chapters have a continuing professional interest. Each addresses some of the major issues of trans-border arbitration law. A number of chapters emphasize the importance of courts in developing and maintaining a legal culture that is hospitable to arbitration. The work of the courts has been instrumental to the reception of arbitration in the United States and in several European jurisdictions. The courts can “make or break” arbitration by upholding arbitration agreements and enforcing arbitral awards. Other chapters underscore that arbitration can operate as a complete legal system. It not only provides workable trial procedures, but arbitrators can also create law in their rulings. With the addition of an internal arbitral appellate mechanism, arbitrations can function with almost absolute independence. The world law on arbitrations seems to favor the “a-national” and “a-juridical” operation of the arbitral process. A few of the chapters recognize that arbitration is being increasingly employed to resolve political or mixed political and commercial disputes. Investment arbitration and BITs are the most recent expression of this development; it had been apparent in WTO and NAFTA dispute resolution. The Iran-U.S. Claims Tribunal presented the first great occasion for assessing the vocation of arbitration in a mixed dispute situation. While arbitration has made significant inroads in this area, political sovereignty remains resistant to the imposition of limitations. In many less visible “political” cases, determinations are nonetheless made and rendered enforceable. The concluding chapters address more specific developments in the field of ICA. A number of cases point to the strong, perhaps overweening, support of the judiciary for arbitration. The courts in some jurisdictions support arbitration unequivocally and are bent upon a single outcome no matter the impact on doctrine. Lawyer presence in the arbitral process has lead to increased formalization in some proceedings. The “judicialization” of arbitration tilts the process toward the protection of rights and hinders its ability to function effectively and reach finality. Lawyers can readily misunderstand and undermine the gravamen of arbitration. The concluding chapters also establish that the UK Arbitration Act 1996 is one of the world’s outstanding arbitration statutes. It rivals and bests the UNCITRAL Model Law on ICA and is the equal of the French codified law on arbitration. Finally, the express text of the New York Arbitration Convention appears to have been altered significantly by court practice. The possible limitations of national law have been neutralized and the provisions of the Convention articulate a truly trans-border regulation of the enforcement of awards. In sum, the chapters in this book reflect the author's lifetime work in the area of international arbitration and are required reading for all those practicing in the field- law students, arbitrators, academics and practicing lawyers.

Mediation in a Nutshell

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Author: Kimberlee K. Kovach

Publisher: West Academic

ISBN: 9780314264589

Category: Law

Page: 355

View: 5148

This Nutshell offers a comprehensive, yet concise, examination of most of the issues, concerns, and policy matters faced by those currently studying or practicing mediation. Subject matters include controversial issues such as what it means to participate in mediation, the extent and limits of confidentiality in mediation and the regulation of the ?profession? of mediation. Each chapter contains a bibliography and list of leading cases on the subject. Mediation in a Nutshell is an up-to-date compilation of developments in mediation practice, and also includes coverage of the New Uniform Mediation Act. The scope of coverage combines with succinctness to make this an excellent quick reference tool for mediators, parties to mediation, lawyers who represent clients in mediation, judges, and court and program administrators.

Foreign Investment Law in a Nutshell

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Author: RALPH H. FOLSOM

Publisher: West Academic Publishing

ISBN: 9781684671465

Category:

Page: 552

View: 6056

Foreign investment is commonplace around the globe. Inbound and outbound foreign investment flows are massive as home country investors merge or acquire existing businesses or establish new companies in host countries. Investors purchase stocks and bonds on foreign exchanges, and sometimes foreign sovereign debt. The sums involved are staggering. Unlike international trade law governed significantly by the World Trade Organization, no uniform body of foreign investment law exists. Hence foreign investment law is predominantly national in character and varies considerably. Foreign Investment Law including Investor-State Arbitrations in a Nutshell reviews the law, practice, regulation and dispute settlement of foreign investment. Following the Nutshell tradition, citations are minimized creating a book that reads easily. Students, academics, lawyers, government officials and people in business will find it useful. After introducing entry and operational control patterns found primarily in the developing world, notably expropriation, this Nutshell focuses on investing in China, Europe and North America as "case studies". It also explores the multitude of foreign investment treaties (BITs) and the dynamic investment law of NAFTA 1994 and its USMCA 2018 successor. Controversial, specific foreign investor-host state arbitration awards and systems are closely examined.

Leading Cases in a Nutshell

The Students' Case Book in Constitutional Law, Tort, Evidence, Criminal Law, Contract, Real Property, Equity

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Author: Edgar Stewart Fay

Publisher: N.A

ISBN: N.A

Category: Constitutional law

Page: 137

View: 2203

Law Books in Print

Books in English Published Throughout the World and in Print Through 1986. Publishers' listing. 6

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Author: Nicholas Triffin

Publisher: N.A

ISBN: 9780878020317

Category: Law

Page: 594

View: 3277

Legal research and writing

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Author: David J. Smith

Publisher: Delmar Pub

ISBN: 9780827363557

Category: Business & Economics

Page: 554

View: 493

A new book dealing with the fundamentals of legal writing and research. Each chapter focuses only on the essential skills needed for success in the paralegal field. Topics include primary law, secondary sources, computers and other technology, citation, legal analysis and more. The text first describes the tools needed to conduct legal research, then shows how they're applied. Review charts, concrete examples, paralegal practice situations, tips from practicing paralegals, and chapter review questions and problems are included.ALSO AVAILABLE INSTRUCTOR SUPPLEMENTS CALL CUSTOMER SUPPORT TO ORDER Instructor's Manual, ISBN: 0-8273-6356-7 Computerized Test Bank (1996), ISBN: 0-8273-7979-X