Redfern and Hunter on international arbitration

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Author: Nigel Blackaby,Constantine Partasides,Alan Redfern,Martin Hunter

Publisher: Oxford Univ Pr

ISBN: 9780199557196

Category: Law

Page: 727

View: 9539

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.

Redfern and Hunter on international arbitration

DOWNLOAD NOW »

Author: Nigel Blackaby,Constantine Partasides,Alan Redfern,Martin Hunter

Publisher: Oxford Univ Pr

ISBN: 9780199557196

Category: Law

Page: 727

View: 6705

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.

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: 9923

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

Conflict of Laws in International Arbitration

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Author: Franco Ferrari,Stefan Kröll

Publisher: Walter de Gruyter

ISBN: 3866539290

Category: Law

Page: 479

View: 4847

Irrespective of the increasing harmonization of law at the transnational level, every arbitration raises a number of confl ict of laws problems relating to procedural questions as well as to issues concerning the merits of the case. Unlike a state court judge, the arbitrator has no "lex fori" in the proper sense providing the relevant confl ict rules to determine the applicable law. This raises the question of what confl ict of laws rules to apply and, consequently, of the extent of the freedom the arbitrator enjoys in dealing with this and related issues. The best example of the importance of confl ict of laws questions in arbitration is the Vivendi-Elektrim saga where the outcome of the various proceedings depended on the question of characterization. This very beneficial book is dealing with - the arbitration agreement, - the jurisdiction of the arbitral tribunal, - the law applicable to the merits and - the arbitration procedure.

Arbitration Law of Korea

Practice and Procedure

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Author: Bae, Kim and Lee, LLC

Publisher: Juris Publishing, Inc.

ISBN: 1933833777

Category: Law

Page: 528

View: 735

The book is an analysis of commercial arbitration law and practice in South Korea, presenting in an accessible, yet comprehensive manner, the country’s arbitration law, the major Korean arbitration institution and its rules, relevant court rulings, etc. It includes a historical and legal overview and discussion of the rise and breadth of the use of commercial arbitration in Korea. Arbitration Law of Korea: Practice and Procedure covers all of the essential topics, including arbitration agreements, arbitral tribunals, arbitral awards, arbitration procedures, enforcement of awards, supportive roles played by the courts, etc. Arbitration Law of Korea: Practice and Procedure is up-to-date with recent amendments to the rules of the Korean Commercial Arbitration Board and also contains: (1) a new and improved, complete translation of the Arbitration Act and (2) both Korean and English versions of the 2011 amendments to the arbitration rules of the Korean Commercial Arbitration Board.

Search for Truth in Arbitration: Is Finding the Truth What Dispute Resolution Is About - ASA Special Series No. 35

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Author: Marcus Wirth,Christina Rouvinez,Joachim Knoll

Publisher: Juris Publishing, Inc.

ISBN: 1933833890

Category: Law

Page: 188

View: 3214

This volume of the ASA Special Series contains the written version of the presentations given at the ASA 2009 Annual Conference on "The Search for "Truth" in Arbitration: Is finding the Truth what Dispute Resolution is about?" This volume explores the role and the relevance of "truth" in dispute resolution and specifically in commercial arbitration; the different notions of truth in different legal cultures; the users' view in that respect; and the consequences of these different perspectives and approaches for the practice of international arbitration. Part one provides the "philosophical" background to the subsequent discussions of some practical issues from the perspective of the users of arbitration services as well as of the providers of these services, arbitrators and counsel. Next, two practical issues that have for a long time been a hot topic in commercial arbitration practice, cross-examination and document production, are expolored from different perspectives. Finally formalism in arbitral proceedings is discussed – is formalism good or evil? It has been concluded that formal requirements should never be handled in a way that would hinder a tribunal or a court from accomplishing the main task with which it was entrusted either by the parties or by the State: applying the substantive law to the issues before them and finding a just and fair solution to the parties' dispute. The presentations published in this volume of the ASA Special Series will contribute to the discussion of the ever intriguing question "Is Finding the "Truth" what Dispute Resolution is about?"

The UNCITRAL Arbitration Rules

A Commentary

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Author: David D. Caron,Lee M. Caplan

Publisher: Oxford University Press

ISBN: 0199696306

Category: Law

Page: 1048

View: 4691

This article-by-article commentary sheds light on the UN Commission on International Trade Law (UNCITRAL) Rules which govern a wide range of arbitrations, including the Iran-US Claims Tribunal and NAFTA disputes. The new edition takes full account of the revised Rules adopted in 2010 and features many extracts from the most important case law.

Jurisdiction and Judgments in Relation to EU Competition Law Claims

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Author: Mihail Danov

Publisher: Bloomsbury Publishing

ISBN: 1847316190

Category: Law

Page: 331

View: 8356

This book sets out the way that, through enhanced private antitrust enforcement reform, private international law has a pivotal role in EU competition law disputes with an international element. The author offers a thorough analysis of the post-2003 policy of the EU favouring private law enforcement of EU competition law and its implementation under the existing provisions for jurisdiction and recognition and enforcement of foreign judgments under the Brussels I regime. The book also considers how the jurisdiction, recognition and enforcement of judgments issues are dealt with in England under the common law rules applicable when Brussels I does not apply. The complex private international law problems in respect of cross-border class actions that have arisen in several countries, as well as judgments in relation to antitrust infringements, are also discussed. The author further examines the choice of law issues that may arise before the English courts under Rome I and Rome II. The potential problems regarding jurisdiction of arbitral tribunals and choice of law in arbitral proceedings in relation to EU competition law claims, and the jurisdiction of English courts in proceedings ancillary to arbitration claims, are dealt with accordingly.