Download or read book Comparative Arbitration Practice and Public Policy in Arbitration Eighth International Arbitration Congress New York 1986 written by Pieter Sanders (jurist) and published by Springer. This book was released on 1987-06-09 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preface --Welcoming Letters and Addresses --Guest Address --Working Group I Comparative Arbitration, Practice, Hypothetical Case --Working Group II Public Policy in Arbitration.

Download or read book UNCITRAL Secretariat Guide on the Convention on the Recognition and Enforcement of Foreign Arbitral Awards New York 1958 written by United Nations Publications and published by . This book was released on 2016 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Guide on the New York Convention provides an insight on the application of the Convention by State courts.

Download or read book International Arbitration Law and Practice Third Edition written by Mauro Rubino-Sammartano and published by Juris Publishing, Inc.. This book was released on 2014-01-01 with total page 2072 pages. Available in PDF, EPUB and Kindle. Book excerpt: This third edition of International Arbitration Law and Practice has been largely enriched by covering international commercial arbitrations, investment treaty arbitrations, arbitrations between public bodies, between states and individuals, the UNCITRAL model law and Iran-US Tribunal proceedings as well as commodity arbitration, online arbitration and sports arbitral proceedings. International Arbitration Law and Practice, 3rd edition elaborates new concepts such as a definition of international arbitration based on procedural law (different from transnational law) and a doctrine (the tronc commun doctrine) to identify the applicable substantive law on disputes between parties belonging to different countries. It further suggests that a law of international arbitration has arisen from the various conventions and laws. Besides dealing with all the aspects of arbitration on a topic by topic basis, the writer presents a third generation arbitration which builds on analysis of major obstacles to a smooth running arbitration.International Arbitration Law and Practice, 3rd edition is a work that anyone involved in arbitral proceedings will find to be absolutely indispensable.

Download or read book Arbitrability written by Loukas A. Mistelis and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: It often seems today that no dispute is barred from resolution by arbitration. Even the fundamental question of whether a dispute falls under the exclusive jurisdiction of a judicial body may itself be arbitrable. Arbitrability is thus an elusive concept; yet a systematic study of it, as this book shows, yields innumerable guidelines and insights that are of substantial value to arbitral practice. Although the book takes the form of a collection of essays, it is designed as a comprehensive commentary on practical issues that emerge from the idea of arbitrability. Fifteen leading academics and practitioners from Europe and the United States each explore different facets of arbitrability always with a perspective open to international developments and comparative evaluation of standards. The presentation falls into two parts: in the first the focus is on the general features of arbitrability, its rationale and the laws applicable to it. In the second, arbitrability is specifically examined in the context of administrative, criminal, corporate, IP, financial, commercial, and criminal law This book has its origins in an International Conference on Arbitrability held at Athens in September 2005. Seven papers presented there are here reviewed and updated, and nine others are added. The subject of the book and– arbitrability and– is one that is much talked about, but seldom if ever given the in-depth treatment presented here. Arbitrators and other practitioners in the field will welcome the way the analysis moves logically from theory to practice regarding every issue, and academics will recognize a definitive treatment of arbitrability as understood and applied in the settlement of disputes today.

Download or read book Recognition and Enforcement of Foreign Arbitral Awards written by Herbert Kronke and published by Kluwer Law International B.V.. This book was released on 2010-01-01 with total page 674 pages. Available in PDF, EPUB and Kindle. Book excerpt: The analysis thoroughly covers the major issues that have arisen in the application of the Convention, including the following: - the use of reservations made by Contracting States; - the distinctions between recognition and enforcement and between recognition sought at the seat of the arbitration and outside the seat; - the role of the courts in reviewing arbitral awards and, in particular, the Convention's focus on safeguarding due process standards; - the more favourable rightsA" principle embodied in Article VII(1); - the relevance of forum shopping and asset spotting to the application of the Convention; and - the role of formalities and formalism. The end result is an invaluable work that will prove enormously useful to all international commercial arbitration practitioners and scholars, regardless of location.

Download or read book Journal of Dispute Resolution written by and published by . This book was released on 2007 with total page 680 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Pervasive Problems in International Arbitration written by Loukas A. Mistelis and published by Kluwer Law International B.V.. This book was released on 2006-01-01 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This important book will be of great interest to arbitration lawyers, international lawyers and business people, as well as to academics, libraries, and students of dispute resolution."--Publisher's website.

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 Autonomous Versus Domestic Concepts under the New York Convention written by Franco Ferrari and published by Kluwer Law International B.V.. This book was released on 2021-03-09 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Arbitration Law Library # 61 The 1958 New York Convention is universally acclaimed as one of the most important instruments on international commercial arbitration. Although the Convention ensures that contracting States cannot justify failure to comply with their treaty obligations by reference to domestic law, the courts of different contracting States apply the Convention differently. This diverging case law arises from uncertainty as to whether certain concepts employed in the Convention must be construed autonomously or in light of domestic law. This incomparable analysis of the New York Convention as an instrument of uniform law presents insightful contributions by some of the world’s most distinguished academics and practitioners in the field of arbitration and is sure to significantly contribute to arbitral practice and jurisprudence in the Convention’s more than 160 contracting States. With extensive reference to case law from major arbitration hubs, the contributors examine the Convention with the aim of identifying the boundaries between autonomous and domestic concepts. Key elements covered include the following: the role of private international law under the Convention; notions of arbitrability and arbitral award; procedures for the enforcement of awards; nullity, invalidity, and conflict of laws under Articles II(3) and V(1)(a); the incapacity defence under Article V(1)(a); deviations from procedure; autonomous boundaries as to what falls under the issue of scope; and public policy under the Convention. The first and only resource of its kind, this book provides an invaluable clarification of the extent to which the Convention leaves room for the application of domestic law and, if so, how to determine which particular domestic law may be applicable. It will be welcomed by counsel, judges, arbitrators, and academics throughout the States that have signed the New York Convention.

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Download or read book Choice of law Problems in International Commercial Arbitration Volume 289 written by and published by . This book was released on 2001 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book International Arbitration in Times of Economic Nationalism written by Bjorn Arp and published by Kluwer Law International B.V.. This book was released on 2022-07-06 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: Numerous developments across the world in recent years bear witness to States’ increasing skepticism about the benefits of international cooperation and the efficiency of international economic law understood as a multilateral set of rules equally binding on all States. This timely book reviews situations where this new economic nationalism may impact the way arbitration—in both commercial and investment disputes—is practiced. Distinguished international arbitrators and academic experts analyze a wide array of topics, covering a broad spectrum of juristic traditions, geographic areas, foreign investment protection laws, and dispute resolution mechanisms and issues. Topics covered include the following: evolution of the definitions of arbitrable standards; amendments to procedural rules; States’ policy choices as reflected in recent investment treaties; procedural trends to restrict access to investment arbitration; the effects of the Achmea decision in the European Union; growing use of the public policy exception; dispute settlement of public-private partnership agreements; and diversification of dispute resolution methods (e.g., business courts). An important feature of the book is the ability it offers to compare various contemporary transformations of dispute settlement mechanisms, with attention to developments in a number of jurisdictions including the United States, the European Union, China, Canada, Switzerland, Turkey, and the Latin American countries. With its comprehensive analysis of how economic nationalism may lead to limiting the jurisdictional, procedural, and substantive scope of arbitration, the authors underscore the crucial importance of a robust system of international arbitration of economic disputes to ensure a stable and secure world order. The global coverage of the contributions and the insightful views offered in them speak eloquently about their usefulness and outreach for arbitration practitioners and scholars, as well as for professionals involved in drafting policies for economic development or in the negotiation of investment agreements.

Download or read book The Guide to Challenging and Enforcing Arbitration Awards written by John William Rowley and published by . This book was released on 2021 with total page 779 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Transnational Due Process and Article V 1 b of the New York Convention written by Dan Xie and published by Kluwer Law International B.V.. This book was released on 2024-06-18 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: Widely regarded as the most important ground for refusal under the 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention), Article V(1)(b), commonly referred to as the ‘due process’ clause, is interpreted in diverse ways across jurisdictions. This book not only thoroughly examines the variety of approaches to the clause adopted by different national courts but also presents a particular understanding of the transnational approach to the due process defence grounded in the interpretative framework of the Vienna Convention on the Law of Treaties. Drawing on insights and methods from comparative law that consider not only national legal systems but also international commercial arbitration and other international legal regimes, the author specifically leverages the principle of audiatur et altera pars and subsequent state practice. Among the matters examined are the following: threshold requirements for the due process defence; policy considerations of and relevant limits to the interpretation and application of the due process defence; proper notice of the appointment of the arbitrator or of the arbitration proceedings; opportunity to present a case and equal treatment; and the lex arbitri, lex fori, and uniform transnational approaches to the applicable law for the due process defence. The book includes a detailed comparative analysis of numerous domestic judicial decisions across jurisdictions. A comprehensive bibliography includes references to cases, awards, treaties, UN Documents, legislation, institutional rules, and soft laws. The book shows clearly how an understanding of transnational due process grounded in the interpretative framework mandated by international law can contribute to the uniform interpretation and application of Article V(1)(b), thus contributing to debates on the decentralised interpretation of international law by domestic courts. Resolving a range of practical questions about the precise content of the due process defence, the book’s stable and principled framework for interpreting the due process defence will be greatly appreciated by arbitration professionals. Judges will benefit from its endorsement of international judicial cooperation through the recognition and consideration of foreign court decisions, fostering a more harmonised interpretation of the New York Convention.

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 2020-11-23 with total page 5388 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Commercial Arbitration is an authoritative 4,250 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 Third Edition of International Commercial Arbitration has been comprehensively revised, expanded and updated, To include all legislative, judicial and arbitral authorities, and other materials in the field of international arbitration prior to June 2020. It also includes expanded treatment of annulment, recognition of awards, counsel ethics, arbitrator independence and impartiality and applicable law. The revised 4,250 page text contains references to more than 20,000 cases, awards and other authorities and will enhance the treatise’s position as the world’s leading work on international arbitration. The first and second editions of International Commercial Arbitration have been routinely relied on by courts and arbitral tribunals around the world ((including the highest courts of the United States, United Kingdom, Singapore, India, Hong Kong, New Zealand, Australia, the Netherlands and Canada) and international arbitral tribunals (including ICC, SIAC, LCIA, AAA, ICSID, SCC and PCA), e.g.: U.S. Supreme Court – GE Energy Power Conversion France SAS, Corp. v. Outokumpu Stainless USA, LLC, 590 U.S. - (U.S. S.Ct. 2020); BG Group plc v. Republic of Argentina, 572 U.S. 25 (U.S. S.Ct. 2014); Canadian Supreme Court – Uber v. Heller, 2020 SCC 16 (Canadian S.Ct.); Yugraneft Corp. v. Rexx Mgt Corp., [2010] 1 R.C.S. 649, 661 (Canadian S.Ct.); U.K. Supreme Court – Jivraj v. Hashwani [2011] UKSC 40, ¶78 (U.K. S.Ct.); Dallah Real Estate & Tourism Holding Co. v. Ministry of Religious Affairs, Gov’t of Pakistan [2010] UKSC 46 (U.K. S.Ct.); Swiss Federal Tribunal – Judgment of 25 September 2014, DFT 5A_165/2014 (Swiss Fed. Trib.); Indian Supreme Court – Bharat Aluminium v. Kaiser Aluminium, C.A. No. 7019/2005, ¶¶138-39, 142, 148-49 (Indian S.Ct. 2012); Singapore Court of Appeal – Rakna Arakshaka Lanka Ltd v. Avant Garde Maritime Servs. Ltd, [2019] 2 SLR 131 (Singapore Ct. App.); PT Perusahaan Gas Negara (Persero) TBK v. CRW Joint Operation, [2015] SGCA 30 (Singapore Ct. App.); Larsen Oil & Gas Pte Ltd v. Petroprod Ltd, [2011] SGCA 21, ¶19 (Singapore Ct. App.); Australian Federal Court – Hancock Prospecting Pty Ltd v. Rinehart, [2017] FCAFC 170 (Australian Fed. Ct.); Hague Court of Appeal – Judgment of 18 February 2020, Case No. 200.197.079/01 (Hague Gerechtshof); Arbitral Tribunals – Lao Holdings NV v. Lao People's Democratic Republic I, Award in ICSID Case No. ARB(AF)/12/6, 6 August 2019; Gold Reserve Inc. v. Bolivarian Republic of Venezuela, Decision regarding the Claimant’s and the Respondent’s Requests for Corrections, ICSID Case No. ARB(AF)/09/1, 15 December 2014; Total SA v. The Argentine Republic, Decision on Stay of Enforcement of the Award, ICSID Case No. ARB/04/01, 4 December 2014; Millicom Int'l Operations B.V. v. Republic of Senegal, Decision on Jurisdiction of the Arbitral Tribunal, ICSID Case No. ARB/08/20, 16 July 2010; Lemire v. Ukraine, Dissenting Opinion of Jürgen Voss, ICSID Case No. ARB/06/18, 1 March 2011.

Download or read book The Idea of Arbitration written by Jan Paulsson and published by . This book was released on 2013-11 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing a theoretical examination of the concept of arbitration, this book explores the place of arbitration in the legal process and examines the ethical challenges to arbitral authority and its moral hazards.

Download or read book Comparative Law of International Arbitration written by Jean-François Poudret and published by Sweet & Maxwell. This book was released on 2007 with total page 992 pages. Available in PDF, EPUB and Kindle. Book excerpt: Guides practitioners through the international arbitration process from beginning to end. This work covers each step of arbitral procedure, from the conclusion of the arbitration agreement to the enforcement of the arbitral award, from a comparative standpoint, helping practitioners decide which jurisdiction's rules they wish to be bound by