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Book International Arbitration and the COVID 19 Revolution

Download or read book International Arbitration and the COVID 19 Revolution written by Maxi Scherer and published by Kluwer Law International B.V.. This book was released on 2020-11-17 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Arbitration and the COVID-19 Revolution Edited by Maxi Scherer, Niuscha Bassiri & Mohamed S. Abdel Wahab The impact of the COVID-19 pandemic on all major economic sectors and industries has triggered profound and systemic changes in international arbitration. Moreover, the fact that entire proceedings are now being conducted remotely constitutes so significant a deviation from the norm as to warrant the designation ‘revolution’. This timely book is the first to describe and analyse how the COVID-19 crisis has redefined arbitral practice, with critical appraisal from well-known practitioners of the pandemic’s effects on substantive and procedural aspects from the commencement of proceedings until the enforcement of the award. With practical guidance from a variety of perspectives – legal, practical, and sector-specific – on the conduct of international arbitration during the COVID-19 pandemic and beyond, the chapters present leading practitioners’ insights into the unprecedented and multifaceted issues that arise. They provide expert tips and challenges in such practical matters as the following: preventing and resolving disputes of particular types – construction, energy, aviation, technology, media and telecommunication, finance and insurance; arbitrator appointments; issues of planning, preparation and sample procedural orders; witness preparation and cross-examination; e-signature of arbitral awards; setting aside and enforcement proceedings; and third-party funding. Also included are an empirical survey of users’ views and an overview of how the COVID-19 revolution has affected the arbitration rules of leading arbitral seats. With this timely and practical book, arbitration practitioners and scholars will gain up-to-date knowledge of sector-specific challenges brought about by the COVID-19 pandemic and approach arbitration proceedings with an understanding of the most important legal and practical considerations during the crisis and beyond.

Book AAA Handbook on International Arbitration and ADR   Second Edition

Download or read book AAA Handbook on International Arbitration and ADR Second Edition written by American Arbitration Association and published by Juris Publishing, Inc.. This book was released on 2010-10-01 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: Assembled from Dispute Resolution Journal - the flagship publication of the American Arbitration Association - the chapters in the Handbook have all, where necessary, been revised and updated prior to publication. The book is succinct, comprehensive and a practical introduction to the use of arbitration and ADR, written by leading practitioners and scholars. The Handbook contains valuable guidance on international commercial arbitration, including the management of arbitration disputes, how to select an international arbitral institution, an explanation of the effect of international public policy, the duties of arbitrators, the presentation and evaluation of evidence in international arbitration, and how to arbitrate against a state sovereign. The enforcement of international arbitral awards is explored, including interim relief and problems with enforcement, the New York Convention, parallel proceedings, and pivotal decisions such as Chromalloy and TermoRio. International mediation is also examined, including guidelines for selecting the best mediator for an international dispute, the power of mediation to resolve international commercial disputes, and the differences in U.S. and European approaches. Lastly, the section on investment and trade arbitration and mediation explores bilateral investment treaties, examines WTO arbitration procedures, offers advice on saving time and money in cross-border commercial disputes, and provides guidance for U.S. investors to follow in dealing with sovereign states. The chapters in the Handbook were selected from an extensive body of writings and, in the main, represent world-class assessments of arbitration and ADR practice. All the major facets of the field are addressed and provide the reader with comprehensive and accurate information, lucid evaluations, and an indication of future developments. They not only acquaint, but also ground the reader in the field.

Book Arbitration of International Business Disputes

Download or read book Arbitration of International Business Disputes written by William W. Park and published by OUP Oxford. This book was released on 2012-09-20 with total page 1096 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration of International Business Disputes 2nd edition is a fully revised and updated anthology of essays by Rusty Park, a leading scholar in international arbitration and a sought-after arbitrator for both commercial and investment treaty cases. This collection focuses on controversial questions in arbitration of trade, financial, and investment disputes. The essays address some of the most interesting topics in cross-border business dispute resolution, many of which have endured over several decades and remain subject to radically different views. Examples include the proper role of judicial review, the allocation of jurisdictional tasks, evolution of arbitration's statutory and treaty framework, free trade and bilateral investment agreements, and the balance between fixed rules and arbitral discretion. The book is structured around three themes: arbitration's legal framework; the conduct of arbitral proceedings; and a comparison of arbitration in specific fields such as finance, intellectual property, and taxation. In each of these areas, analysis includes the tensions between fairness and efficiency, and the accurate application of substantive law as well as the implications of mandatory procedural norms. Augmented by more than a dozen new contributions and a revised introduction, this 2nd edition retains all of its earlier practical and scholarly relevance, and includes a Foreword by V. V. (Johnny) Veeder QC.

Book Industrial Arbitration

Download or read book Industrial Arbitration written by Carl Henry Mote and published by . This book was released on 1916 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book College of Commercial Arbitrators Guide to Best Practices in Commercial Arbitration

Download or read book College of Commercial Arbitrators Guide to Best Practices in Commercial Arbitration written by James M. Gaitis and published by Juris Publishing, Inc.. This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Labor Arbitration in Wartime

Download or read book Labor Arbitration in Wartime written by American Arbitration Association and published by . This book was released on 1941 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Industrial Discipline and the Arbitration Process

Download or read book Industrial Discipline and the Arbitration Process written by Robert H. Skilton and published by University of Pennsylvania Press. This book was released on 2016-11-11 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a volume in the Penn Press Anniversary Collection. To mark its 125th anniversary in 2015, the University of Pennsylvania Press rereleased more than 1,100 titles from Penn Press's distinguished backlist from 1899-1999 that had fallen out of print. Spanning an entire century, the Anniversary Collection offers peer-reviewed scholarship in a wide range of subject areas.

Book Industrial Arbitration and Conciliation

Download or read book Industrial Arbitration and Conciliation written by William Franklin Willoughby and published by . This book was released on 1900 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book The Arbitration of Industrial Engineering Disputes

Download or read book The Arbitration of Industrial Engineering Disputes written by Ronald Luther Wiggins and published by . This book was released on 1970 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Arbitrators as Lawmakers

    Book Details:
  • Author : Dolores Bentolila
  • Publisher : Kluwer Law International B.V.
  • Release : 2017-04-05
  • ISBN : 9041183558
  • Pages : 362 pages

Download or read book Arbitrators as Lawmakers written by Dolores Bentolila and published by Kluwer Law International B.V.. This book was released on 2017-04-05 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses how arbitrators make rules that guide, constrain, and define the process and substance of international arbitration. Providing a thorough and multidisciplinary analysis of the actors, process, and outcome of arbitral lawmaking, the study shows how arbitrators create principles of law through consistent arbitral decision-making and through interacting with other members of the arbitral community. This book investigates and responds to the following questions: - What is the relationship between international arbitration and the law and courts of the seat? - What is the role of international tribunals in assisting and controlling investment arbitration? - What is the scope of arbitrators’ freedom in decision-making? - What constraints limit arbitrators’ decision-making and contribute to consistency? - Is international arbitration capable of paying deference to past arbitral decisions? - Which rules have arbitrators created in procedural and substantive matters? - What is the role and status of consistent arbitral decisions? - Is there an arbitral legal system? The answers to these questions are drawn from actual arbitral decisions made available to the public, clarifying important issues about jurisdiction, procedure, applicable law, interpretation of substantive rules and instruments, and remedies. This is the first overarching study of whether and to what extent international commercial, and investment arbitrators create norms and even generate a legal system. As such, it will be of immeasurable and lasting value to arbitrators, practitioners, scholars, arbitral institutions, and international organizations worldwide, for all of whom it will not only clarify our understanding of arbitral decision-making and arbitrator-made rules, but also foster transparency and accountability in arbitral decision-making

Book Government Industrial Arbitration

Download or read book Government Industrial Arbitration written by Leonard Williams Hatch and published by . This book was released on 1905 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Leading Arbitrators  Guide to International Arbitration   Third Edition

Download or read book Leading Arbitrators Guide to International Arbitration Third Edition written by Lawrence W. Newman and published by Juris Publishing, Inc.. This book was released on 2014-04-01 with total page 46 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Leading Arbitrators' Guide to International Arbitration Third Edition offers thoughtful advice and insights into the world of international arbitration from some of the most prominent and experienced international arbitrators in the world. The contributors are arbitrators from Australia, Belgium, Canada, Chile, Denmark, England, France, Germany, Italy, The Netherlands, Italy, Spain, Sweden, Switzerland and the USA. The contributors offer insights and advice on the way in which international arbitrations are carried out from the point of view of arbitrators reading pleadings and memorials and listening to witnesses and hearing arguments. The authors' discussions are intended to be thoughtful, insightful and useful - and perhaps, occasionally, iconoclastic. As a result, there may be instances in which the authors disagree with one another on certain points. This is to be expected for there are often many routes that can be taken to achieve a result. The book will be useful not only to persons who may serve as arbitrators in internatinoal arbitral proceedings but also to those who may, in their position as advocates, wish to persuade persons -- including, perhaps, the authors.

Book Industrial Conciliation and Arbitration

Download or read book Industrial Conciliation and Arbitration written by Carroll Davidson Wright and published by . This book was released on 1881 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Third party Funding in International Arbitration and Its Impact on Procedure

Download or read book Third party Funding in International Arbitration and Its Impact on Procedure written by Jonas von Goeler and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction --The Various Forms of Third-Party Funding in International Arbitration --Litigation Funding in International Arbitration --Disclosure of Third-Party Funding in International Arbitration Proceedings --Privilege Protection of Documentary Evidence and Third-Party Funding --Jurisdictional Issues and Third-Party Funding --Impartiality and Independence of Arbitrators and Third-Party Funding --Confidentiality in International Arbitration Proceedings and Third-Party Funding --Security for Costs and Third-Party Funding --Awarding of Costs and Third-Party Funding --Summary of Part I and Part II --Concluding Remarks.

Book Mediation  Investigation  and Arbitration in Industrial Disputes

Download or read book Mediation Investigation and Arbitration in Industrial Disputes written by George Ernest Barnett and published by New York [etc.] : D. Appleton. This book was released on 1916 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Arbitration of International Intellectual Property Disputes

Download or read book Arbitration of International Intellectual Property Disputes written by Thomas D. Halket and published by Juris Publishing, Inc.. This book was released on 2012-05-01 with total page 652 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Arbitration of International Intellectual Property Disputes, which is designed not only for arbitration counsel and arbitrators but also for in-house counsel and transactional lawyers, provides a thorough guide to the use of arbitration to resolve these disputes. Both practical as well as scholarly, it starts by exploring how and why arbitration can provide the best way to resolve these disputes and how to draft an effective arbitration provision. It then covers the principal unique issues which can arise in the arbitration itself, from choosing the tribunal through confidentiality, discovery, validity determinations, choice of law, provisional and final remedies and enforceability. With the world more and more dependent upon technology of all types, the continued and growing importance of intellectual property cannot be understated. There has been, and will continue to be, an accompanying explosion in the number and complexity of transactions in which intellectual property is a critical, if not the critical, element. Many of these transactions cross national boundaries; as do the disputes which inevitably arise from them. But international intellectual property disputes present complexities not encountered in either intellectual property disputes which are confined to one country or other international commercial disputes. The Arbitration of International Intellectual Property Disputes will serve as a handy reference and guide for navigating through the complex maze of intellectual property and arbitration.

Book The Powers and Duties of an Arbitrator

Download or read book The Powers and Duties of an Arbitrator written by Patricia Shaughnessy and published by Kluwer Law International B.V.. This book was released on 2017-04-15 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: The scope of the arbitrator’s powers in arbitration proceedings has been widely discussed in recent years, but remains understudied. Among prominent international arbitrators, none have focused on this issue more than Dr. Pierre A. Karrer. Dr. Karrer is celebrated here on the occasion of his seventy-fifth birthday by more than thirty leading arbitration practitioners and academics worldwide who have been part of, and have been influenced by, his extensive professional career. Following Dr. Karrer’s primary interests, notably his advocacy of a strong arbitrator role in proceedings as evidenced in his lectures, presentations, and publications as well as in his own arbitrations, the contributions in this book consider such questions as the following: ·What are the sources of an arbitrator’s power? ·What are the limits of an arbitrator’s power? ·Should arbitrators have a role in encouraging settlement? ·May arbitrators regulate and impose sanctions against counsel? ·How managerial should arbitrators be? ·What are the duties and liabilities of arbitrators? ·What is the nature of the arbitrator’s relationship to arbitral institutions? ·Are emergency arbitrators actually ‘arbitrators’? ·Should arbitrators raise issues of arbitrability and public policy ex officio? ·To what extent may arbitrators delegate tasks and use tribunal secretaries? With its in-depth perspectives on the arbitrator’s role, powers, and duties in an arbitration proceeding, and its extensive analysis of some of the most timely and controversial issues in arbitration today, this book offers an abundance of thought-provoking yet also practical commentary and guidance for practitioners and academics in the field of international arbitration and international commercial law.