Download or read book Bibliography on Arbitral Procedure written by United Nations. Secretariat and published by . This book was released on 1950 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Arbitration Bibliography written by Lucius R. Eastman Arbitration Library (New York, N.Y.) and published by . This book was released on 1954 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A list of books, pamphlets, articles and unpublished manuscripts assembled by the American Arbitration Association and available for study and research in the in the Lucius Root Eastman Arbitration Library. The classification indexing and publication of this bibliography was made possible by a grant from the Lucius and Eva Eastman Fund"--Cover.
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.
Download or read book Labor Arbitration written by Charles J. Coleman and published by Cornell University Press. This book was released on 1994 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Prepared under the direction of the Committee on Research of the National Academy of Arbitrators, focuses on English-language works from the US and Canada. Following a substantial chapter summarizing the principal court cases in the US, organization is in two sections: books and monographs, and articles and proceedings. The subjects of grievance mediation and fact-finding are included in the bibliography due to their close relationship to mediation. Annotation copyright by Book News, Inc., Portland, OR
Download or read book Planning Efficient Arbitration Proceedings The Law Applicable in International Arbitration written by International Council for Commercial Arbitration and published by Springer. This book was released on 1996-04-26 with total page 636 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preface --Welcoming Address --Opening Addresses --Working Group I Planning Efficient Arbitration Proceedings --Working Group II The Law Applicable in International Arbitration.
Download or read book An Annotated Bibliography of Labor Arbitration written by and published by . This book was released on 1986 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Labor and Employment Arbitration written by Charles J. Coleman and published by Cornell University Press. This book was released on 1997 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: An extension of Labor Arbitration: An Annotated Bibliography, this volume intends to provide a larger sense of history, of institutional development, and of the abiding questions that have been raised in and about labor arbitration. The editors focus on substantial professional and academic studies of labor arbitration in the United States and Canada, drawing material from books, monographs, analytical articles in professional and academic journals, and selections from the proceedings of the meetings of academic and professional societies. In response to the changing demands made upon arbitrators, the editors have extended their coverage to include alternative dispute resolution and the Americans with Disabilities Act. A large section of the book deals with employment arbitration and matters such as wrongful discharge. Coverage of arbitration outside North America is also expanded in the current volume, which is based upon computer searches of the most widely used data bases and on cover-to-cover searches of the twenty leading journals in the field.
Download or read book International Commercial Arbitration written by A. J. van den Berg and published by Kluwer Law International B.V.. This book was released on 2003-01-01 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: The collected papers in ICCA Congress Series no. 11, as reflected in its title, address important contemporary questions in international commercial arbitration. Included are contributions written by participants in the UNCITRAL Working Group on Arbitration and Conciliation on its current work on the requirement of a written form for an arbitration agreement, interim measures of protection and UNCITRAL?s Model Law on International Commercial Conciliation. Further contributions give leading practitioners? views on illegality in the formation and performance of contracts or in the conduct of the arbitration, examining questions on how the arbitral tribunal should deal with these vexed issues and how forgery and fraud may be detected. The factors that lead to acceptance by parties of the decisions of arbitrators are dealt with in contributions on the psychological aspects of dispute resolution. The volume concludes with a series of articles on arbitration under investment treaties written by experienced arbitrators and practitioners, with special emphasis on ICSID and NAFTA and the emerging issues of transparency, accountability and review. Contains lengthy articles on the ongoing work of UNCITRAL on proposed amendments to the UNCITRAL Model Law on International Commercial Arbitration and the recently adopted Model Law on International Commercial Conciliation Details the current thinking on the requirement of an arbitration agreement in writing and how this can be accommodated by the UNCITRAL Model Law and the 1958 New York Convention Addresses the granting of interim measures by arbitral tribunals and their enforcement by national and foreign courts Analyzes issues raised by illegality in the formation and performance of contracts and in the conduct arbitrations and provides a systematic overview of the answers given by legislation, arbitrators and courts Provides insight into the attitudes of arbitrators and parties regarding dispute settlement processes Addresses the changing public perception of arbitration under investment treaties
Download or read book Comparative International Commercial Arbitration written by Julian D. M. Lew and published by Kluwer Law International B.V.. This book was released on 2003-01-01 with total page 994 pages. Available in PDF, EPUB and Kindle. Book excerpt: This treatise describes the practice of international commercial arbitration with reference to the major international treaties and instruments, arbitration rules and national laws. It provides an analysis of the interaction between party autonomy and arbitration practice.
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.
Download or read book French Arbitration Law and Practice written by Jean-Louis Delvolvé and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: Previous edition, 1st, published in 2003.
Download or read book International Dispute Resolution Towards an International Arbitration Culture written by A. J. van den Berg and published by Springer. This book was released on 1998-03-06 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: In ICCA's eighth Congress Series, international experts, professionals and practitioners in the field of arbitration examine the topic of the culture of international arbitration. ICCA's 1996 Seoul Conference, hosted by the Korean Commercial Arbitration Board, addressed four questions: is there a growing international arbitration culture? is there an expanding culture that favours combining arbitration, conciliation or other dispute resolution procedures? to what extent do arbitrators in international cases disregard the bag and baggage of national systems? and when and where do national courts reflect an international culture when deciding issues relating to international arbitration'.
Download or read book Fouchard Gaillard Goldman on International Commercial Arbitration written by Philippe Fouchard and published by Kluwer Law International B.V.. This book was released on 1999-09-02 with total page 1320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on and includes revisions to : Traité de l'arbitrage commercial international / Ph. Fouchard, E. Gaillard, B. Goldman. 1996--Cf. foreword.
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
Download or read book International Commercial Arbitration written by Gary B. Born and published by Kluwer Law International B.V.. This book was released on 2014-10-01 with total page 5391 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second edition of Gary Born's International Commercial Arbitration is an authoritative 4,408 page treatise, in three volumes, providing the most comprehensive commentary and analysis, on all aspects of the international commercial arbitration process, that is available. The first edition of International Commercial Arbitration is widely acknowledged as the preeminent commentary in the field. It was awarded the 2011 Certificate of Merit by the American Society of International Law and was voted the International Dispute Resolution Book of the Year by the Oil, Gas, Mining and Infrastructure Dispute Management list serve in 2010. The first edition has been extensively cited in national court decisions and arbitral awards around the world. The treatise comprehensively examines the law and practice of contemporary international commercial arbitration, thoroughly explicating all relevant international conventions, national arbitration statutes and institutional arbitration rules. It focuses on both international instruments (particularly the New York Convention) and national law provisions in all leading jurisdictions (including the UNCITRAL Model Law on International Commercial Arbitration). Practitioners, academics, clients, institutions and other users of international commercial arbitration will find clear and authoritative guidance in this work. The second edition of International Commercial Arbitration has been extensively revised, expanded and updated, to include all material legislative, judicial and arbitral authorities in the field of international arbitration prior to January 2014. It also includes expanded treatment of annulment, recognition of awards, counsel ethics, arbitrator independence and impartiality and applicable law. Overview of volumes: Volume I, covering International Arbitration Agreements,provides a comprehensive discussion of international commercial arbitration agreements. It includes chapters dealing with the legal framework for enforcing international arbitration agreements; the separability presumption; choice of law; formation and validity; nonarbitrability; competence-competence and the allocation of jurisdictional competence; the effects of arbitration agreements; interpretation and non-signatory issues. Volume II, covering International Arbitration Procedures, provides a detailed discussion of international arbitral procedures. It includes chapters dealing with the legal framework for international arbitral proceedings; the selection, challenge and replacement of arbitrators; the rights and duties of international arbitrators; selection of the arbitral seat; arbitration procedures; disclosure and discovery; provisional measures; consolidation, joinder and intervention; choice of substantive law; confidentiality; and legal representation and standards of professional conduct. Volume III, dealing with International Arbitral Awards, provides a detailed discussion of the issues arising from international arbitration awards. It includes chapters covering the form and contents of awards; the correction, interpretation and supplementation of awards; the annulment and confirmation of awards; the recognition and enforcement of arbitral awards; and issues of preclusion, lis pendens and staredecisis.
Download or read book UNCITRAL Model Law on International Commercial Arbitration written by United Nations Commission on International Trade Law and published by New York : United Nations. This book was released on 1995 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Confidentiality in International Commercial Arbitration written by Ileana M. Smeureanu and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: After neutrality and international enforcement, the next most valued feature of international commercial arbitration is confidentiality. For reasons easy to imagine, businessmen do not want their trade secrets, business plans, strategies, contracts, financial results or any other types of business information to be publicly accessible, as would commonly happen in court proceedings. Yet the case law of arbitration shows that in practical terms confidentiality is not to be taken for granted - in fact, it has become one of the most undetermined matters in international arbitration. Although 'the emperor of arbitration may have clothes, ' as one scholar has quipped, his raiments of secrecy can be 'torn with surprising ease'. This book deciphers the current degree of confidentiality in international commercial arbitration as reflected by the most important arbitration rules, national laws, other arbitration-related enactments, and practices of arbitral tribunals and domestic courts globally. Drawing on this data and analysis, the author then sets forth criteria to assess the breach of confidentiality in international arbitration and the proper rules for protecting or sanctioning such breaches. What do we understand by confidentiality in arbitration? What are its limitations? Who is bound to observe it? How can we quantify its breach? In addressing these questions, the book engages such issues as the following: reasons for disclosure - e.g., for the establishment of a defence, for the enforcement of rights, in the public interest or in the interests of justice disclosure by consent, express or implied; circumstances triggering statutory obligation of disclosure; recent trends towards greater transparency in investor-State arbitration; court measures in support of arbitral confidentiality such as award of damages for breach of confidentiality; and categories of persons bound by confidentiality, including third parties such as witnesses and experts. Structured along the main stages of the arbitral process, the analysis covers the duty of confidentiality from the initiation of arbitral proceedings through their unfolding to the issuance of the award and after. The scope of confidentiality is reviewed in the practice of arbitral tribunals and domestic courts, and from the perspective of international arbitration institutions, with detailed attention to various arbitration rules and numerous significant cases. In its elucidation of the amount of confidentiality that 'veils' each phase of the arbitral process, and its ground-breaking identification of 'patterns of disclosure', this book is sure to raise awareness about the various facets and problems posed by confidentiality in arbitration. Although its scholarly contribution to the law of international commercial arbitration cannot be gainsaid, corporate counsel worldwide will quickly prize its more practical value.
