Download or read book Comparison of Asian International Arbitration Rules written by Simpson Thacher & Bartlett and published by Juris Publishing, Inc.. This book was released on 2003-09-01 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a unique work for those who are involved in international arbitration. Utilizing a chart of parallel provisions it compares the leading sets of Asian international arbitration rules. It was first created by Simpson as an internal reference tool. The Comparison of Asian International Arbitration Rules will be of great value in three distinct areas of international arbitration practice. First, in assisting clients in selecting arbitration rules and drafting arbitration provisions for their international commercial contracts. For example, where a client seeks to include a provision governing a specific procedural issue in an arbitration clause, the chart provides easy reference to the different provisions used in the leading sets of international arbitration rules. Second, the chart will assist in developing arguments on procedural issues in connection with representation of clients in international arbitration proceedings. Finally, comparison will facilitate evaluation by scholars, practitioners and the institutions themselves of the desirability and effectiveness of particular provisions in light of comparable ones. Compiling this chart was a challenging process, primarily because the various sets of international arbitration rules deal with specific procedural issues very differently. Additionally, one of the most difficult tasks in compiling this chart was deciding which sets of Asian international arbitration rules to include in the chart in light of space and formatting limitations. Ultimately various factors were considered in deciding which sets of rules to include in the chart. The China International Economic and Trade Arbitration Commission ("CIETAC"), Hong Kong International Arbitration Centre ("HKIAC"), Japan Commercial Arbitration Association ("JCAA"), Korean Commercial Arbitration Board ("KCAB"), and Singapore International Arbitration Centre ("SIAC") rules were included as leading sets of institutional Asian international arbitration rules. Other Asian institutional arbitration rules are not included simply for reasons of manageability and space. The arbitration rules of the United Nations Commission on International Trade ("UNCITRAL") were included as the preeminent set of ad hoc international arbitration rules, which are frequently used by parties in Asia as well as by Asian arbitration organizations, such as the HKIAC, as the basis for their institutional arbitration rules. The structure of this chart follows the structure of the second edition of our chart on international arbitration rules, in part, to facilitate the use of the two charts together. Like the second edition of the chart on international arbitration rules, this chart contains an index of topics with page references to assist in locating subjects in the rules, and the full texts of the sets of arbitration rules are included in an appendix for ease of reference

Download or read book Comparison of Asian International Arbitration Rules written by and published by . This book was released on 2009 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Comparison of MENA International Arbitration Rules written by Dr. Habib Al Mulla and published by Juris Publishing, Inc.. This book was released on 2011-10-01 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparison of MENA International Arbitration Rules is a companion volume to Comparison of Gulf International Arbitration Rules and contains a detailed chart of parallel provisions of leading sets of institutional arbitration rules used in the MENA jurisdictions, including Algeria, Egypt, Jordan, Lebanon, Morocco, Tunisia and Turkey. It follows the same structure as its companion volume. It is aimed at international legal counsel and business individuals who seek swift initial guidance on the core parameters of the various arbitration mechanisms available in the MENA region and to help draft healthy arbitration provisions for use in contracts involving business in the region.

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 The UNCITRAL Model Law and Asian Arbitration Laws written by Gary F. Bell and published by Cambridge University Press. This book was released on 2018-10-04 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores how the text and principles of the UNCITRAL Model Arbitration Law are implemented, or not, in key Asian jurisdictions.

Download or read book Chinese Arbitration written by Association for International Arbitration and published by Maklu. This book was released on 2009 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt: A prosperous economy goes hand in hand with a competent, impartial, and efficient legal system. International investment is only possible when the business parties are confident that adequate dispute resolution possibilities exist. A conference on "Arbitration in China" was held by the Association for International Arbitration (AIA) in March 2009. This book - a product of the conference - highlights the newest opportunities and updates - for lawyers, arbitrators, mediators, and investors - about arbitration and mediation in the event a dispute were to arise with Chinese partners. The book includes the conference's opening remarks, presented by the president of the AIA, Johan Billiet, who highlights the differences between Chinese and 'Western' arbitration. Other contributions include: the issue of mediation and arbitration in China * International Chamber of Commerce arbitration in China * arbitration differences between China International Economic and Trade Arbitration Commission and other Asian institutions, such as Hong Kong International Arbitration Center, Singapore International Arbitration Center, Korean Commercial Arbitration Board, and Japan Commercial Arbitration Association * recent developments in Chinese arbitration * the issue of recognition and enforcement of arbitral awards in China.

Download or read book Asian Leading Arbitrators Guide to International Arbitration written by Michael Charles Pryles and published by Juris Publishing, Inc.. This book was released on 2007-10-01 with total page 568 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays in this volume, prepared by a virtual “who’s who” of the leading arbitrators in Asia, present a unique insight into arbitration practices and procedures in the world’s largest and fastest growing region. This book offers thoughtful advice and insights into the world of international arbitration in Asia from some of the most prominent and experienced international arbitrators in the world. The contributors are arbitrators from Brunei Darussalam, China, Hong Kong, India, Indonesia, Japan, Korea, Malaysia, New Zealand, the Philippines, Singapore, United Kingdom 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. There may be instances in which the authors disagree with one another on certain points, 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 international arbitral proceedings but also to those who may, in their position as advocates, wish to persuade persons - including, perhaps, the authors.

Download or read book International Arbitration When East Meets West written by Neil Kaplan and published by Kluwer Law International B.V.. This book was released on 2020-10-09 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: As Asia, China, in particular, gains economic momentum and increasingly attracts global attention, disputes between Asian and Western parties will inevitably increase. This book, the first to address issues arising from these types of disputes in depth, collects incisive articles by both well-known Asian arbitrators and non-Asian practitioners with extensive experience dealing with arbitrations involving Asian parties, all under the aegis of Michael Moser, a Western-trained lawyer who had the foresight to build a China-focused dispute resolution practice at a time when it was not fashionable to do so. The articles reflect Moser’s exemplary career as an independent arbitrator who has navigated between Asian and Western legal cultures seamlessly for decades. The upshot is an authoritative investigation of the differences and similarities of international arbitration between two contrasting cultures–both from a legal and social perspective– as well as a consideration of how each culture has influenced international arbitration practice overall. Issues covered include the following: interim measures in support of arbitration; the hybrid arbitration-mediation mode of dispute resolution; what China’s investment treaties have to offer; Moser’s ‘Triple A’ approach to mediation; witness conferencing; influence of of rang (¿), or exercise of altruism; Chinese courts’ approach to international arbitration; evolution of investment protection between China and Europe; disclosure versus state secrecy laws in China; and the standard for disclosure in rules of evidence. Given the increasing prevalence of arbitrations seated in Asia and the number of new players engaged in arbitration in Asia, this book is certain to attract a wide range of arbitration practitioners, especially those engaged in arbitrations involving Asian parties. As a comparative study of Asian and Western arbitration theory and practice, it is peerless. Scholars of arbitration worldwide are sure to learn from the insights detailed here of practitioners with consummate experience in arbitrations involving cross-cultural parties. “This is an excellent and wide ranging publication that rightly pays tribute to Michael’s career as a multi-faceted doyen of international arbitration; he has had his base in Asia but at all times he has held a global and even minded view. Many of us – and the overall institution of international arbitration - owe so very much to him.” Matthew Gearing, QC, former Chair of HKIAC “This wide-ranging and insightful volume pays tribute to the distinguished career of Michael Moser, a true Renaissance figure who has traversed both East and West and helped so many others bridge the two.” Gary Born, WilmerHale

Download or read book Comparison of International Arbitration Rules written by John J. Kerr and published by . This book was released on 2008 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Developing World of Arbitration written by Anselmo Reyes and published by Bloomsbury Publishing. This book was released on 2018-02-22 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Developing World of Arbitration studies the recent emergence of Asia Pacific jurisdictions as regional or international arbitration centres, thanks to various reform efforts and initiatives. This book provides an up-to-date and comprehensive analysis of the ways in which arbitration law and practice have recently been reformed in Asia Pacific jurisdictions. Leading contributors across the Asia Pacific region analyse twelve major jurisdictions representing varying patterns and degrees of development, whether driven from top down, bottom up, or by some hybrid impetus. Setting the arbitration systems and reforms of each investigated jurisdiction in the context of its economic, political, and judicial dynamics, this book presents, for the first-time, a cross-jurisdiction comparative and contextual study of the developing world of arbitration in the Asia Pacific and contributes to comparative international arbitration literature from an Eastern perspective. It also aims to identify an Asia Pacific model of arbitration modernisation, one that may be distinct from a Western model, and predicts future trajectories of development and challenge in light of the ever increasing competition between Eastern- and Western-based arbitration centres. This edited collection will be an invaluable addition to the libraries of academics and practitioners in the field of international commercial arbitration.

Download or read book International Arbitration Discourse and Practices in Asia written by Vijay K. Bhatia and published by Routledge. This book was released on 2017-07-28 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: International business exchanges between and with Asian countries have increased enormously over the last few years. As a natural consequence, this has brought about an increasing number of trade disputes that are being resolved through arbitration as an effective alternative to more expensive litigation. This volume offers a variety of perspectives on this important international dispute resolution practice in Asia. Essentially interdisciplinary in approach, it brings together specialists in law, international commercial arbitration and discourse analysis. The contributing authors include practitioners as well as academics. Together they explore the interrelations between discourses and practices in the field of arbitration in Asia. The work also investigates the extent to which the ‘integrity’ of arbitration principles, typical of international commercial arbitration practice, is maintained in various Asian contexts. The authors focus particularly on arbitration norms and practices as they are influenced by local juridical, cultural and linguistic factors. The book will be a valuable resource for academics and practitioners working in the areas of arbitration and dispute resolution, as well as researchers with an interest in language, communication and discourse analysis.

Download or read book Arbitration in Asia 2nd Edition written by Michael J. Moser and published by Juris Publishing, Inc.. This book was released on 2008-09-01 with total page 844 pages. Available in PDF, EPUB and Kindle. Book excerpt: Asia has witnessed an extraordinary growth in the use of international arbitration in the past two decades. Arbitration in Asia is an ideal reference to guide practitioners and business people in the proper selection of a suitable arbitral seat or jurisdiction in Asia. The book includes substantive chapters reflecting detailed commentary and analysis on 18 Asian jurisdictions from the area's leading arbitration practitioners and experts. The materials in this looseleaf volume provide a practical reference guide and resource tool for the law and practice of international commercial arbitration in Asia.

Download or read book Dispute Resolution in Asia written by Michael Charles Pryles and published by . This book was released on 1997 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dispute Resolution in Asia is one of few titles to deal exclusively with the Asian region. The examination of dispute resolution in ten countries provides a much wider spectrum of Asian laws and approaches than is traditional in comparative studies. Furthermore, The country studies in this work are not limited to arbitration or litigation but also examine mediation in each country. The introductory chapter presents an overview of dispute resolution throughout Asia and examines the interesting question of whether there is an `Asian' style of dispute resolution. The ten countries examined in the book are all important trading countries or destinations for foreign investment. The contributors to this publication consist of an impressive group of senior lawyers, international arbitrators, academics and directors of arbitration centres with considerable experience in the field. Their work taken together presents an interesting and varied examination of the rules on dispute resolution in the fastest growing region in the world. This book will be of interest to international business people and lawyers, As well as to students of dispute resolution.

Download or read book Comparison of International Arbitration Rules written by John J. Kerr and published by Juris Net Llc. This book was released on 2008 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: Compares the arbitral rules of: International Chamber of Commerce (ICC), American Arbitration Association/International Chamber of Commerce (AAA/ICDR), London Court of International Arbitration (LCIA), Stockholm Chamber of Commerce (SCC), and International Center for Settlement of Investment Disputes (ICSID).

Download or read book International Commercial Arbitration in Asia written by Philip J. McConnaughay and published by . This book was released on 2002 with total page 526 pages. Available in PDF, EPUB and Kindle. Book excerpt: This treatise brings together some of Asia's foremost scholars and practitioners to provide an in-depth commentary on the laws and institutions involved with commercial arbitration in each of Asia's leading trading nations: China, Hong Kong, Indonesia, Japan, Korea, Malaysia, Philippines, Singapore, Taiwan, Thailand, and Vietnam. Each chapter covers not only the laws, procedures, institutions and customs affecting international commercial disputes, but also the differences between Western and Asian clients in the assignment of importance to each factor in the decision making process. The accompanying CD-Rom is devoted to original source materials, such as institutional and national rules and national legislation.

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 International Commercial Arbitration written by Rashda Rana and published by . This book was released on 2011 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Commercial Arbitration as a dispute resolution mechanism has gained acceptance in most Asian countries and in the past few years has grown exponentially. The increase in arbitration cases is likely to continue against a backdrop of increasing cross border transactions and consequent cross border disputes. However, for practitioners new to this area of practice and students alike, there has been no authoritative text dealing with the Asia Pacific perspective of international arbitration to which they can turn. This book focuses on the practise of international commercial arbitration in Asia Pacific region. It examines the cultural differences influencing the Asian dispute resolution arena, covering developments in legislation, institutional arbitration rules and cases from the major international arbitration jurisdictions in the Asia Pacific region: Australia, China, Hong Kong, Singapore and Malaysia. University students at every level, practitioners in private practise and in-house counsel will all find this new work highly useful. As an educative tool it will assist teachers and students alike. Readers will be able to self-assess their understanding by working through questions designed to test their knowledge through all stages of an arbitration, from drafting an effective and enforceable arbitration agreement to enforcement of an arbitral award.