Download or read book The Functions of Arbitral Institutions written by Rémy Gerbay and published by Kluwer Law International B.V.. This book was released on 2016-04-20 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: While thousands of cross-border disputes are successfully resolved each year through institutional arbitration, there appears to be little understanding of the functions exercised by arbitral institutions and their impact on the proceedings they administer. Much like the user of a computer may operate, with relative success, a machine which he does not fully comprehend, users of institutional arbitration have for many decades resolved their disputes successfully through institutional arbitration without fully understanding the precise nature of the functions of what is a key player in the process. This book rectifies this paradoxical gap. It offers a clear yet nuanced overview of the diverse and complex reality of institutional arbitration, while challenging the assumptions conventionally held as to the role of arbitral institutions. This book is the product of a systematic study of the activities performed by over forty leading international arbitration institutions worldwide in their administration of cases (including the ICC, LCIA, ICDR, SCC, SIAC, HKIAC, JAMS, CIETAC, KLRCA, DIS, DIA, NAI, CEPANI etc.). This book also examines a wealth of court decisions and bibliographical sources from the leading civil law and common law jurisdictions (e.g., France, England & Wales, the United Sates, Switzerland, Germany). This book is invaluable to academics and practitioners interested in furthering their theoretical and practical understanding of institutional arbitration and arbitral institutions.
Download or read book Arbitration Rules Issued by International Institutions written by Hans Smit and published by . This book was released on 1997 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book State Entities in International Arbitration written by Emmanuel Gaillard and published by Juris Publishing, Inc.. This book was released on 2008 with total page 622 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Arbitration Rules International Institutions 3rd Edition written by Loukas A. Mistelis and published by Juris Publishing, Inc.. This book was released on 2010-05-01 with total page 594 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Arbitration Institutions have led the way in rulemaking for international commercial arbitration. The institutional rules and commentary compiled in this easy-to-use reference tool are those promulgated by the institutions most often named in international agreements. The institutional rules and commentary compiled in this easy-to-use reference are those promulgated by the institutions most often named in international agreements. Arbitration Rules: International Institutions is the only resource to compile such an extensive array of commentary and analysis, written by leading arbitration authorities along with the full text of each set of rules.
Download or read book Arbitration Rules International Institutions written by Hans Smit and published by Juris Publishing, Inc.. This book was released on 2005 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Institutional Arbitration written by Rolf A Schütze and published by Bloomsbury Publishing. This book was released on 2013-04-05 with total page 1512 pages. Available in PDF, EPUB and Kindle. Book excerpt: International arbitration has become the preferred dispute resolution mechanism in cross-border disputes. In the course of time, ad hoc arbitration, where the parties have to create their own rules and procedures, has increasingly been replaced by institutional arbitration where a specialised institution with a permanent organisation provides assistance and a set of practice-proven rules. The services and rules provided by the various institutions of arbitration differ. In order to inform the potential parties and their counsels about the differences and to make the choice between the different arbitration regimes easier, and to offer guidance through the various provisions, this book provides a comprehensive article-by-article commentary of rules of arbitration of 14 important arbitration institutions: AAA (American Arbitration Association) CIEDAC (China International Economic and Trade Arbitration) DIAC (Dubai International Arbitration Centre) DIS (German Institution of Arbitration) ICC (International Court of Arbitration) ICSID (International Centre for Settlement of Investment Disputes) KLRCA (Kuala Lumpur Regional Centre for Arbitration) LCIA (The London Court of International Arbitration) MKAS (Moscow International Commercial Arbitration Court) SCC (Stockholm Chamber of Commerce Arbitration) SIAC (Singapore International Arbitration Centre) Swiss Rules UNCITRAL Rules Vienna Rules
Download or read book The International Arbitration Rulebook written by Arif Hyder Ali and published by Kluwer Law International B.V.. This book was released on 2019-10-24 with total page 547 pages. Available in PDF, EPUB and Kindle. Book excerpt: The numerous arbitral regimes around the world differ in subtle yet complex ways. These variations can have a profound effect on the procedural rights and obligations of the parties. Broadly speaking, the choice of regime will impact the way in which an arbitration is conducted; its duration and expense; the outcome of the dispute; and the ultimate enforceability of the award. To inform the parties’ choice, this book is the first to deal specifically and in depth with a broad range of institutional and ad hoc arbitration rules on a comparative basis. It provides a practical guide to the rules in one book—a one-stop shop—from a distinctly “rule” and “guide” point of view. This book has its genesis in the authors’ experience as practitioners and educators in international commercial and investor-state arbitration—and as advisers to, and trainers for, arbitral institutions, arbitrators, judges and government officials around the world. This comprehensive, descriptive and analytical “road map” covers the broad range of issues addressed in nine representative major sets of arbitration rules. The authors detail the distinct ways in which rules governing such important issues as the following may differ among the various arbitral regimes: the governance structure and role of the administering institutions in the arbitration, including case management and administrative support; the critical and recommended issues to be established in the agreement to arbitrate, such as the place of arbitration and the governing law among others; the requirements and best practices for starting the arbitration on the right foot; the procedures for selecting, appointing and challenging arbitrators; the impact of the initial procedural conference on the proceedings; the rules on presenting the case in chief: written submissions, documentary evidence, witness and expert testimony and more; the costs and fees of leading institutions; the procedures and standards for award scrutiny and enforceability; and a range of special and innovative procedures such as expedited proceedings, interim relief and consolidation of proceedings. The comparative analysis is organized around the chronological phases of an international arbitration and supported by rule comparison tables and clear explanations of each step of the process. With this eminently practical book, contract negotiators, counsel and arbitrators can confidently navigate any international arbitration. Thorough coverage of the applicable rules and guidelines enables parties and/or the tribunal to design bespoke arbitration procedures based upon the various rules of leading regimes. Arbitral institutions can survey the different approaches and identify emerging best practices in the design and drafting of arbitral regimes. All in all, this volume is a useful guide and comprehensive framework of rules for both arbitration practitioners and users of arbitration services, as well as for students and teachers of international arbitration.
Download or read book Conference on Rules for Institutional Arbitration and Mediation written by and published by WIPO. This book was released on 1995 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: The publication contains the texts of presentations made by the Conference held at WIPO in January 1995. The Conference examined approaches and solutions adopted in the Rules of various arbitration institutions and the issues and problems arising in arbitrage proceedings. It also considered the WIPO Expedited Arbitration Rules and the WIPO Mediation Rules.
Download or read book The Liability of Arbitral Institutions Legitimacy Challenges and Functional Responses written by Barbara Alicja Warwas and published by Springer. This book was released on 2016-09-24 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers an innovative approach to the topic of liability in international arbitration, a controversial topic that has heretofore not been fully explored in the scholarship. Arbitral institutions have recently emerged as powerful actors with new functions in and outside arbitration processes. The author proposes to shift the debate on liability from arbitrators to the arbitral institutions. The book re-evaluates the orthodox understanding of the status, functions, and responsibility of arbitral institutions and is recommended for arbitration scholars, practitioners, and students. It is argued that the current regulations regarding liability are inadequate given both the contractual obligations and the emerging public function of arbitral institutions and that institutional arbitral liability is therefore necessary. The book also links the contemporary functions of arbitral institutions to recent debates regarding legitimacy challenges in international commercial arbitration. Responding to these challenges, a model of institutional contractual liability is proposed that invites arbitral institutions to proactively regulate the scope of their liability.
Download or read book Arbitration Rules National Institutions 2nd Edition written by Loukas A. Mistelis and published by Juris Publishing, Inc.. This book was released on 2010-04-01 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt: As national arbitration institutions have proliferated and grown, they are more and more frequently being named in international agreements. This unique reference covers the full text of each institution’s rules and provides extensive commentary and analysis on each institution and its rules in practice.
Download or read book Comparison of International Arbitration Rules 4th Edition written by Simpson Thacher & Bartlett LLP and published by Juris Publishing, Inc.. This book was released on 2013-02-01 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparison of International Arbitration Rules, prepared by the international arbitration practice group of Simpson Thacher & Bartlett, provides a detailed and up-to-date chart comparing the specific provisions of the leading sets of international rules--those of the ICC, AAA/ICDR, LCIA, SCC, ICSID, UNCITRAL and CPR. The Comparison is designed to assist parties in selecting arbitration rules and drafting specific arbitration provisions for their international commercial contracts; assist counsel in developing arguments on procedural issues that arise in the international arbitration proceedings; assist arbitration institutions and commentators in analyzing, formulating and promulgating appropriate arbitration rules; and assist countries and international organizations in developing appropriate national or model arbitration laws and rules. The Comparison is therefore of great practical utility to international arbitration users, practitioners, institutions, academics and legislators alike.
Download or read book International Arbitration Checklists Second Edition written by Grant Hanessian and published by Juris Publishing, Inc.. This book was released on 2009-04-01 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: Baker & McKenzie, has one of the world's largest and most successful international arbitration practices. This book, written by members of the International Dispute Resolution Practice Group of Baker & McKenzie and others, provides a practical, experience-based guide to international arbitration. Each chapter begins with a "checklist" of issues to be considered at each stage of arbitration. Topics include drafting arbitration clauses, commencement of the case, staying court proceedings, compelling arbitration, selection of the tribunal, provisional relief, conduct of hearings and enforcement of awards, among many others. Law and practice in each of the world's major arbitration centers is discussed. Appendices provide ready access to arbitration treaties, statutes and rules. This book will be a standard reference for in-house counsel and outside practitioners.
Download or read book College of Commercial Arbitrators Guide to Best Practices in Commercial Arbitration Third Edition written by James M. Gaitis and published by Juris Publishing, Inc.. This book was released on 2014-01-01 with total page 626 pages. Available in PDF, EPUB and Kindle. Book excerpt: This third edition of The College of Commercial Arbitrators Guide to Best Practices in Commercial Arbitration has been substantially expanded not only to ensure that it is up to date but, also, to incorporate several new chapters on diverse subjects, including intratribunal relations, arbitrators’ fees, eDiscovery, and hybrid arbitration processes. Summary of New Material •Twice as long as the second edition •Substantial revision and expansion of existing chapters •Four new chapters (Arbitrators Fees & Expenses, eDiscovery, Intratribunal Relations, Hybrid Arbitration Proceedings) •Updated to take into account evolving case law and to address newly emerging issues relating to the management of commercial arbitrations •Comparative tables regarding certain aspects of in major international rules and international arbitration institution policies •Revised to take into account: ♦The new 2013 CPR Administered Arbitration Rules ♦The 2013 revisions to the AAA Commercial Rules ♦Various protocols and guidelines relating to domestic commercial arbitration ♦The 2011 revisions to the JAMS International Rules ♦The 2012 revisions to the ICDR Articles ♦The 2010 revisions to the UNCITRAL Rules ♦The 2013 IBA Guidelines on Party Representation in International Arbitration ♦The 2010 revisions to the IBA Rules on the Taking of Evidence in International Arbitration ♦Various protocols and guidelines relating to domestic commercial arbitration The aim of the Guide is to identify best practices that arbitrators can employ to provide users of arbitration with the highest possible standards of economy and fairness in the disposition of business disputes. This third edition of the Guide refines the guidance contained in the first and second editions to take into account developing case law, revised institutional rules, advancements in arbitration techniques and thinking, and also addresses newly evolving issues such as electronic discovery. There are significant differences in the ways in which arbitrations are conducted in different substantive fields of commerce and among different arbitrators in the same field. Techniques that are appropriate and useful in one case may be quite unsuited to another. For this reason, it is not possible to prescribe a single set of best practices that commercial arbitrators should invariably follow in every case. Rather, this Guide attempts to identify the principal issues that typically arise in each successive stage of an arbitration and to explain the pros and cons of various preferred ways of handling each issue. From this perspective, the best practice for an arbitrator is to carefully consider the merits of alternative techniques available for dealing with a particular issue and to then select the technique best suited to the situation. In addition, the Guide attempts to identify the full array of practices available for use in complex arbitrations, which can be adapted and streamlined for simpler cases. Formed in 2001, the College of Commercial Arbitrators is a non-profit organization composed of prominent, experienced commercial arbitrators who believe that a national association of commercial arbitrators can provide a meaningful contribution to the profession, to the public, and to the businesses and lawyers who depend on arbitration as a primary means of dispute resolution. Its mission includes promoting professionalism and high ethical practice in commercial arbitration, adopting and maintaining standards of conduct, providing peer training and professional development, and developing and publishing "best practices" materials. This work is the College's principal vehicle for fulfilling several aspects of its mission. Many seasoned and knowledgeable practitioners generously contributed their time and insights to the creation of this Guide.
Download or read book Arbitral Institutions Under Scrutiny ASA Special Series No 40 written by Philipp Habegger and published by Juris Publishing, Inc.. This book was released on 2013-03-01 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: The internal organisation and practices of operation of arbitral institutions are often not transparent and are rarely addressed in public discussions among arbitration practitioners. To shed some light on aspects of the internal organisation and operation of these institutions, ASA asked the MIDS (Geneva LLM in International Dispute Settlement) to conduct a broad survey of arbitral institutions based on a detailed questionnaire. The results are summarized in Chapter 1 of this volume. The further Chapters of this volume contain the presentations of the speakers at the ASA conference of 9 September 2011. They discuss responsibilities of the institutions in administering arbitration cases under their sets of rules in the different phases of an arbitral proceeding, from the constitution of the arbitral tribunal to supervision and quality control to financial aspects, such as cost control and the potential liability of arbitrators. In sum, this volume of the ASA Special Series contains a lot of interesting information for all arbitration practitioners and users of institutional arbitration services.
Download or read book Swiss Rules of International Arbitration Second Edition written by Tobias Zuberbühler, and published by Juris Publishing, Inc.. This book was released on 2013-08-01 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt: ***NO SALES RIGHTS IN SWITZERLAND*** This second edition of the first comprehensive commentary on the Swiss Rules of International Arbitration covers the new version of these rules which entered into force on 1 June 2012. It is a practical guide for arbitrators, counsel, state courts and persons involved in the conduct and administration of arbitral proceedings under the Swiss Rules. This commentary presents the new version of the Swiss Rules from a double perspective. On the one hand, it emphasizes the relationship between these Rules and the Swiss legal regime governing international arbitration, namely the provisions of chapter 12 of the Swiss Private International Law Statute. On the other hand, it puts these Rules in an international perspective by comparing them with the corresponding provisions of the other major institutional rules (ICC, LCIA, SCC, DIS, VIAC, SIAC, HKIAC, CIETAC, AAA/ ICDR, WIPO and ICSID) and with the provisions of the former edition of the rules. Finally, it highlights the main differences between the Swiss Rules and the UNCITRAL Arbitration Rules which were revised in 2010. This book is written by arbitration practitioners based in Switzerland who work with established law firms, widely experienced in international commercial arbitration. It is the work of a refreshing new generation of Swiss arbitration specialists. Two of the editors were members of the working group for the revision of the Swiss Rules and thus bring special insight into the book about the revision process.
Download or read book Arbitration Rules International Institutions written by and published by . This book was released on 1999-10 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A compilation of institutional arbitration rules drawn from institutions most often named in international agreements. The volume contains the full text of each set of rules, each of which is accompanied by background information on design and development designed to put the rules into context.
Download or read book The DIS Arbitration Rules written by Gustav Flecke-Giammarco and published by Kluwer Law International B.V.. This book was released on 2020-03-20 with total page 921 pages. Available in PDF, EPUB and Kindle. Book excerpt: The new arbitration rules of the German Arbitration Institute (Rules) entered into force on 1 March 2018. Drafted over an intense period of eighteen months by a committee of globally recognized experts with the active participation of nearly 300 arbitration practitioners, the Rules stand poised to attract parties seeking dispute resolution not only in Germany but also internationally. This extraordinary book, written by the drafters themselves, with more than 550 pages of comprehensive article-by-article commentary, is filled with practical insights and recommendations regarding the application of the Rules. Each provision of the new Rules is given its own chapter, in which the following issues and topics are examined in depth for the specific rule under analysis: use of the provision in practice; modifications from the corresponding provision in the 1998 Rules; relationship to the relevant sections of the German Code of Civil Procedure; comparison with relevant regulations and practices in German State court proceedings; detailed expert commentary, including analysis of case law and legal scholarship; DIS practice concerning the application of the provision; and comparison with similar provisions in other arbitration rules. An annex contains an extensive collection of reference materials, including forms, schedule of costs and texts of various international arbitration documents. The authors and editors have vast experience as counsel and arbitrators in proceedings conducted under the auspices of the DIS and other arbitral institutions. Their intimate familiarity with all aspects of DIS case administration is of immeasurable value to all stakeholders in arbitral proceedings. A genuine user’s guide, the book explains how the new Rules are likely to be applied in practice by the arbitral institution, arbitrators and parties. Its practical tips regarding the effective conduct of DIS arbitrations elucidate best practices for counsel and arbitrators and make DIS’ day-to-day case management and decision-making processes more transparent and predictable for users of all levels of experience and expertise.
