Download or read book Arbitrator s Awards and Decisions written by United States. National Longshoremen's Labor Board and published by . This book was released on 1934 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Third Party Effects of Arbitral Awards written by Maximilian Pika and published by Kluwer Law International B.V.. This book was released on 2019-07-11 with total page 700 pages. Available in PDF, EPUB and Kindle. Book excerpt: The specialization and financial demand of global business render international transactions inherently multilateral and thus best effected through arbitration agreements. However, it often happens that – for various reasons, such as a debtor’s failure to pay damages ordered by an arbitral tribunal – third parties who did not consent to the original arbitration enter the scene. This is the first book to examine the binding effects of international commercial arbitral awards in follow-up disputes against third parties. It comprehensively analyses arbitral awards’ third-party effects under national arbitration laws, the New York Convention and private international law. Moreover, it proposes solutions under transnational law before both courts and arbitral tribunals. Applying a continuously comparative methodology that refers to specific statutory, jurisprudential and scholarly sources, this book explores the nature and implications of such aspects of third-party involvement as the following: the foundations of the doctrine of res judicata and its intrinsic connection to other tools of forum coordination; the distinction between res judicata before courts on the one hand and arbitral tribunals on the other; the application of non-mutual preclusion in favour of third parties; the potential for arbitral awards to constitute a fact in follow-up disputes; a comparison of rules and uncertainties on awards’ third-party effects under various national arbitration acts; preclusion agreements; the arbitration agreement’s scope; and judgments’ third-party effects as a shift of the participatory burden. For civil law, the author focuses on France and Switzerland (as predominant arbitral seats) and on Germany (as a Model Law example). Among common-law countries, he concentrates on England and Wales and on the United States. Statutory sources (with specific wording), leading cases and summaries of the most important scholarly discussions are all invoked. With its clear guidelines for matters currently not addressed in previous publications and likely to be raised in specific cases, this book will prove to be of immeasurable value for arbitration practitioners and academics in any jurisdiction. Business parties that seek to prevent contradicting decisions in multilateral transactions will appreciate the practically feasible alternatives it presents in the event of follow-up disputes involving third parties.
Download or read book Arbitration Awards written by Ray Turner and published by John Wiley & Sons. This book was released on 2008-04-15 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: ‘Drawing on his long and practical experience [the author gives] guidance which only the foolhardy would reject without good reason for doing so. With this manual beside him, many an arbitrator will, I feel sure, sleep the sounder.’ - The Rt Hon The Lord Bingham of Cornhill. The preparation of an arbitrator's award requires a rigorous approach to the consideration of submissions and evidence, and to the decisions stemming from that consideration, and the arbitrator must be competent to draft a valid and enforceable award. These tasks can be complex for any arbitrator, particularly so for the less experienced. This book has been written to provide clear and practical guidance, whilst emphasising that there is no standard method of preparing or writing an award. It includes illustrations relating to a wide range of types of award. It will be of interest to all arbitrators and those involved in the process, whether they are concerned with commodities, insurance, maritime matters, rent disputes, construction or commerce.
Download or read book Fundamentals of Labor Arbitration written by Jay E. Grenig and published by Juris Publishing, Inc.. This book was released on 2011-07-01 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nearly 30 years after its initial publication, the American Arbitration Association’s seminal primer, Labor Arbitration: What You Need to Know, has undergone a complete facelift with the publication of this brand new book. Fundamentals of Labor Arbitration, the first volume in the "AAA/ICDR Dispute Resolution Series," features all new content that is indispensable to advocates, arbitrators, employers, unions, and readers who wish to know more about resolving labor-management disputes. Here readers will find a clear introduction to the grievance process and labor arbitration, as well as practical guidance to help users of the process effectively resolve labor-management disputes in the private and public sectors. This book is co-published by the American Arbitration Association and the Cornell University School of Industrial and Labor Relations, Scheinman Institute on Conflict Resolution.
Download or read book Jurisdiction Admissibility and Choice of Law in International Arbitration Liber Amicorum Michael Pryles written by Neil Kaplan and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: The distinguished international lawyer Michael Pryles, who launched a meteoric career as an arbitrator after many years of teaching and writing on conflicts of law and other topics, has made a mark on arbitral law and practice that is recognized worldwide. In this book, over forty prominent arbitrators and arbitration scholars offer insightful essays on the thorny matters of jurisdiction, admissibility and choice of law in arbitration – topics which have long interested Professor Pryles and are of wide interest. Among the specific issues and topics examined are the following: • res judicata; • investment arbitration; • free trade agreements; • party autonomy; • application of provisional measures; • issue estoppel; • evidentiary inferences; • interim measures; • emergency and default proceedings; • the intersection of financing and jurisdiction; • consolidation of cases; and • non-contractual claims. Remarkable for its roster of highly distinguished contributors, this book is the only in-depth treatment of its subject. By turns thought-provoking and practical, it is bound to appeal to and be put to use by arbitrators and other lawyers who handle international cases. It will also prove of great value to global law firms and companies doing transnational business.
Download or read book Arbitrator Decision Making written by Max H. Bazerman and published by . This book was released on 1983 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt: Central to understanding the effect of arbitration schemes on the process of collective bargaining is understanding the process by which arbitrators make decisions. A model of arbitrator behavior inconventional arbitration is developed that allows the arbitration award to be a function of both the offers of the parties and the(exogenous) facts of the case. The weight that the arbitrator puts on the facts relative to the offers is hypothesized to be a function of the quality of the offers as measured by the difference between the offers. Two special cases of this model are derived: 1) the arbitrator bases the award strictly on the offers of the parties(split-the-difference) and 2) the arbitrator bases the award strictly on the facts of the case.The model is implemented empirically using data gathered from practicing arbitrators regarding their decisions in twenty-five hypothetical cases. These data have the advantage that they allow causal inference regarding the effect on the arbitration award of the facts relative to the offers. On the basis of the estimates, both of the special case models are strongly rejected. The arbitration awards are found to be influenced by both the offers of the parties and the facts of the case. In addition, the weight put on the facts of the case relative to the offers is found to vary significantly with the quality of the offers. When the offers are of low quality (far apart)the arbitrator weights the facts more heavily and the offers less heavily.These results suggest that the naive split-the difference view of arbitrator behavior, which is the basis of the critique of conventional arbitration that has led to the adoption of final-offer arbitration, is no correct in its extreme view. On the other hand, the awards are affected by the offers so that the parties can manipulate the outcome to some extent by manipulating their offers. However, the scope for this sort of influence is limited by the finding that the offers are weighted less heavily as their quality dete
Download or read book A Guide to the SCC Arbitration Rules written by Jakob Ragnwaldh and published by Kluwer Law International B.V.. This book was released on 2019-12-11 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Stockholm Chamber of Commerce (SCC) is one of the world’s leading arbitral institutions, registering about 200 new cases each year, approximately half of them being international cases in commercial and investment treaty disputes. True to the SCC tradition of offering a cost-efficient and flexible procedure, the SCC’s current Arbitration Rules, which came into force in 2017, introduced important new mechanisms enhancing the efficiency of the proceedings. This guide to the SCC Arbitration Rules, the first and only available commentary in English, addresses the Rules and their appendices article by article in the order in which they appear in the Rules. Focusing primarily on how the Rules are applied in practice, the authors bring together their combined extensive experience of conducting SCC arbitrations as counsel, arbitrators and members of the SCC Board and Secretariat, to provide thorough and user-friendly guidance on the SCC proceedings from start to finish, including the new features introduced in 2017 such as summary procedure, joinder and multiple-contract arbitrations, as well as the new appendix addressing certain aspects specific to investment treaty arbitration. Covering all the general issues such as appointment and removal of arbitrators, the proceedings before the arbitral tribunal, making of awards and decisions, the following issues are also addressed: emergency arbitrator proceedings; consolidation of cases; the appointment of an administrative secretary; particular characteristics of investment treaty disputes; and costs of the arbitration. This guide is sure to appeal to arbitrators, external counsel and party representatives who choose to adopt the SCC Arbitration Rules, whether they are based in Sweden or elsewhere. Practitioners will confidently approach any case under the SCC Arbitration Rules with full awareness of applicable rules of procedure and practice.
Download or read book The Compleat Arbitrator written by Matthew Bacon and published by . This book was released on 1731 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Explaining Why You Lost written by Antonio Crivellaro and published by Kluwer Law International B.V.. This book was released on 2020-11-20 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt: Generally speaking, the losing party is more interested than the winning party in understanding the reasons for the outcome of the proceeding. And yet, the requirement that, unless otherwise agreed by the parties, the award “shall state the reasons upon which it is based” is a widely recognized principle in international arbitration. The rules of most arbitral institutions also require that an award include reasons. This Institute Dossier addresses reasoning in International Commercial and Investment Arbitration Awards: Should an arbitrator state his reasons? Why? How extensive and/or complete must the reasoning be for the process to be fully comprehensible and thus legitimate to the parties? What may be the consequences of an unsatisfactory reasoning? Readers will get useful insights into the legal reasoning process by accessing data from a recent large-scale empirical study of legal reasoning in commercial disputes. They will also be treated to some creative writing tips in the hope that reading an award becomes a more interesting part of the job. The ICC Institute of World Business Law brings together the finest legal minds to strengthen links between international business practitioners and the legal profession. The Institute ‘Dossiers’ is a series that has gained international prestige. These Dossiers are the outcome of the Institute’s annual meetings, where experts from around the globe come together to discuss salient issues of international commercial law and arbitration. An ICC Services publication, distributed by Kluwer Law International.
Download or read book LABOR ARBITRATION REPORTS AWARDS OF ARBITRATORS REPORTS OF FACT FINDING BOARDS COURT DECISIONS ON LABOR ARBITRATION VOLUME 16 written by and published by . This book was released on 1951 with total page 1162 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Review of International Arbitral Awards written by Emmanuel Gaillard and published by Juris Publishing, Inc.. This book was released on 2010-12-01 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt: In intemational arbitration, as in any other system of adjudication, finality of the decision must be balanced against the need to ensure that justice has been administered fairly. Because finality is one of its essential features, international arbitration has reached an equilibrium which guarantees to the parties a decision that cannot be appealed, while allowing a review of arbitral awards on limited grounds. The review of international arbitral awards was the topic of the inaugural IAI forum, on the occasion of which 50 prominent academics, judges, arbitrators and practitioners active in the field of international arbitration convened in the legendary Clos de Vougeot, in the heart of Burgundy for a two-day retreat. The presentations were followed by extensive discussion, the transcript of which is included in the present volume. The International Arbitration Institute (IAI) was established in Paris with the purpose of promoting communication and exchanges on current international arbitration issues. It now includes over 600 members residing in 44 countries. For further detail, see www.iaiparis.com.
Download or read book The Notion of Award in International Commercial Arbitration written by Giacomo Marchisio and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: International commercial arbitration relies extensively on the possibility of enforcing arbitral decisions against recalcitrant parties. Because courts and arbitration laws across the world take contrasting approaches to the definition of awards, such enforcement can be problematic, especially in the context of awards by consent, and the recent development known as ‘emergency arbitration’. In this timely and ground-breaking book, a young arbitration scholar takes us through the difficulties of defining the notion of arbitral award with a rare combination of theoretical awareness and attention to the procedural requirements of arbitral practice. In a framework using a comparative analysis of common law and civil law jurisdictions (specifically, England and France) and how each has regulated in different ways the equilibria between state justice and arbitral justice – and comparing each with the UNCITRAL Model Law – the book addresses such issues as the following: - the ‘judicialization’ of arbitration; - different models of arbitral adjudication and their impact on the notion of award; - what an award needs to contain to be enforceable; - awards on competence; - awards by consent; and - awards ante causam. The author employs a methodology that views arbitration as providing an institution for administering justice rather than as a purely contractual creature. To this end, rules of arbitral institutions (particularly the International Chamber of Commerce) are examined closely for their implications on what an award means. As a fresh look at the arbitral award by placing it in a broader context than is usually found, this book allows for a greater understanding of the functioning of international commercial arbitration. It is sure to become an international reference, and as such will be welcomed by arbitrators, practitioners at global law firms, companies doing transnational business, interested academics, and international arbitration centres in emerging markets.
Download or read book Labor Arbitration Reports Awards of Arbitrators Reports of Fact finding Boards Court Decisions on Labor Arbitration Volume 12 Cited 12LA written by The Bureau of National Affairs,Inc and published by . This book was released on 1949 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book LABOR ARBITRATION REPORTS Awards of Arbitrators Recommendations of Fact Finding Boards Court Decisions on Labor Arbitration written by and published by . This book was released on 1947 with total page 1212 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Annulment of ICSID Awards written by Emmanuel Gaillard and published by Juris Publishing, Inc.. This book was released on 2004 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Arbitral Awards of the Cairo Regional Centre for International Commercial Arbitration Arbitral Awards of CRCICA Volume 2 1997 2000 written by Mohiedin Ismail Alamedin and published by BRILL. This book was released on 2021-10-25 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The cases are edited and translated by the prominent legal scholar, arbitrator and lawyer Dr. Mohie Eldin I. Alam-Eldin. His in-depth commentary on the thirty-four cases included in this volume encompasses discussion of emerging new arbitral trends and principles, such as the alter ego and contra preferentum doctrines, and new approaches to arbitration engendered by the ever-growing and changing practises and patterns of internatuional trade. He also analyses many of the new issues raised by the decisions of the court of appeal in cases where arbitral awards proved unsatisfactory. Many of these court of appeal decisions are included in the text, as are relevant decisions of the Supreme Court of Egypt. This second series of cases brought before the Cairo Regional Centre for International Commercial Arbitration covers the period 1997-2002, years which witnessed a major growth in confidence in the Centre and a corresponding expansion in scope, procedure, and legal principles. Perhaps most notable among these important developments is the evolution of hybrid procedures that permit the harmonization of legal cultures among parties. In this book will be found a number of cases which successfully blend common law, civil law, and Sharia principles while rigorously adhering to the agreements between the parties, all applicable law, and guarantees of defence. The subject matter of the international disputes arbitrated includes the following: - Supply - Hotel management - Software contracts - Oil contracts - Distributorship contracts - Insurance contracts - Credit risk management contracts - Construction - Commercial agency The significance of the Cairo Regional Centre for International Commercial Arbitration, as a forward-looking and innovative institution directly influencing business activity in some of the most important areas of global commerce, can hardly be overstated. This book validates and reinforces the Centre pivotal role, and will be of inestimable value to the international commercial arbitration community.
Download or read book LABOR ARBITRATION REPORTS Awards of Arbitrators Recommendations of Fact Finding Boards Court Decisions on Labor Arbitration Vol 7 written by and published by . This book was released on 1947 with total page 1086 pages. Available in PDF, EPUB and Kindle. Book excerpt:
