Download or read book Contemporary Issues in International Arbitration and Mediation The Fordham Papers 2015 written by Arthur W. Rovine and published by BRILL. This book was released on 2016-12-15 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2015 volume of Contemporary Issues in International Arbitration and Mediation: The Fordham Papers is a collection of important works in the field written by the speakers at the 2015 Fordham Law School Conference on International Arbitration and Mediation.

Download or read book Contemporary Issues in International Arbitration and Mediation written by Arthur W. Rovine and published by Martinus Nijhoff Publishers. This book was released on 2011-08-11 with total page 565 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2010 volume of Contemporary Issues in International Arbitration and Mediation - The Fordham Papers is a collection of important works in the field written by the speakers at the 2010 Fordham Law School Conference on International Arbitration and Mediation.

Download or read book Contemporary Issues in International Arbitration and Mediation The Fordham Papers 2012 written by Arthur W. Rovine and published by Martinus Nijhoff Publishers. This book was released on 2013-10-02 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2012 volume of Contemporary Issues in International Arbitration and Mediation: The Fordham Papers is a collection of important works in the field written by the speakers at the 2012 Fordham Law School Conference on International Arbitration and Mediation, held in London. The 22 papers are organized into the following five parts: Keynote Presentation by Charles N. Brower, Michael Pulos and Charles B. Rosenberg Part I: Investor-State Arbitration by Christoph Schreuer, Philippe Sands, Sam Wordsworth, Barton Legum, Gauthier Vannieuwenhuyse, Jarrod Wong, Donald Francis Donovan Part II: Arbitration of International Financial Disputes by Kenneth M. Kramer, Mark Kantor, Edna Sussman, Jennifer L. Gorskie Part III: Arbitration of International Construction Disputes by C. Mark Baker, Lucy Greenwood, Louis B. Kimmelman, Suyash Paliwal, C. Ryan Reetz, John W. Hinchey, Barbara Helene Steindl Part IV: Arbitration in Asia by Jessica Fei, Damien McDonald, Remington Huang, Michael Pryles, Lawrence Boo Part V: Mediation by Chris Newmark, Donna Ross, Nancy M. Thevenin

Download or read book Contemporary Issues in International Arbitration and Mediation written by Arthur W. Rovine and published by BRILL. This book was released on 2008 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2007 volume of Contemporary Issues in International Arbitration and Mediation - The Fordham Papers is a collection of important works in international arbitration and mediation written by the prominent speakers at the 2007 Fordham Law School Conference on International Arbitration and Mediation. The 24 papers are organized into the following five parts:Part I: Investor-State ArbitrationPart II: Conduct of International Arbitration and Jurisdictional IssuesPart III: Remedies and DefensesPart IV: Ethics Issues in International ArbitrationPart V: Mediation

Download or read book Contemporary Issues in International Arbitration and Mediation written by Arthur W. Rovine and published by Martinus Nijhoff Publishers. This book was released on 2012-07-25 with total page 507 pages. Available in PDF, EPUB and Kindle. Book excerpt: These are the 2011 Fordham papers, the fifth annual volume of papers on international arbitration and mediation taken from the conference held at the Fordham Law School in New York City. The papers focus on both practical considerations and scholarly analyses.

Download or read book Contemporary Issues in International Arbitration and Mediation The Fordham Papers 2014 written by Arthur W. Rovine and published by BRILL. This book was released on 2015-10-15 with total page 498 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2014 volume of Contemporary Issues in International Arbitration and Mediation: The Fordham Papers is a collection of important works in the field written by the speakers at the 2014 Fordham Law School Conference on International Arbitration and Mediation, held in New York.

Download or read book Contemporary Issues in International Arbitration and Mediation The Fordham Papers 2009 written by Arthur W. Rovine and published by BRILL. This book was released on 2010-05-20 with total page 489 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2009 volume of Contemporary Issues in International Arbitration and Mediation - The Fordham Papers is a collection of important works in the field written by the speakers at the 2010 Fordham Law School Conference on International Arbitration and Mediation.

Download or read book Contemporary Issues in International Arbitration and Mediation 2008 written by Arthur W. Rovine and published by BRILL. This book was released on 2009 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2008 volume of Contemporary Issues in International Arbitration and Mediation - The Fordham Papers is a collection of important works in international arbitration and mediation written by the prominent speakers at the 2008 Fordham Law School Conference on International Arbitration and Mediation. The 24 papers are organized into the following six parts: Part I: Investor-State Arbitration Part II: Recent Significant Domestic Judicial Decisions Involving or Potentially Involving International Arbitration Part III: Class Actions and Consolidation in International Arbitration Part IV: Intellectual Property and Information Technology Issues in International Arbitration Part V: Mediation: Issues, Solutions, and Expanding Applications.

Download or read book Contemporary Issues in International Arbitration and Mediation The Fordham Papers 2013 written by Arthur W. Rovine and published by Martinus Nijhoff Publishers. This book was released on 2014-10-02 with total page 579 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2013 volume of Contemporary Issues in International Arbitration and Mediation: The Fordham Papers is a collection of important works in the field written by the speakers at the 2013 Fordham Law School Conference on International Arbitration and Mediation. The 25 papers are organized into the following six parts: Keynote Presentation by Gabrielle Kaufmann-Kohler Part 1: Investor-State Arbitration by Andrea K. Bjorklund, Rudolf Dolzer, Abby Cohen Smutny, John Townsend Part 2: Class Actions and Mass Claims by James Carter, John Crook, Christopher Drahozal, Veijo Heiskanen, Sandrine Giroud, Roman Khodykin, S.I. Strong Part 3: Arbitration of International Disputes on Energy Issues by Arif Ali, Nigel Blackaby, Caline Mouawad, Sarah Vasani Part 4: Investor-State Arbitration (2) by O. Thomas Johnson, Catherine H. Gibson, Mark McNeill, Laurence Shore, Robert Rothkopf, Todd Weiler Part 5: The Arbitration of International Technology Disputes by Gary L. Benton, Rachel Koch, Thomas Halket, John Judge, Paul Klaas, Steven Reisberg Part 6: Mediation by Elizabeth Birch, David Bristow, Hélène de Kovachich

Download or read book Twilight Issues in International Arbitration written by George Bermann and published by Kluwer Law International B.V.. This book was released on 2023-03-09 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: There are many issues of arbitral practice that remain largely unaddressed, or very poorly addressed, in the sources to which tribunals and counsel conventionally turn for procedural guidance: the arbitration agreement, the lex arbitri and rules of procedure. This book brings together the most frequently recurring of such “twilight” issues—so-called because all participants in the arbitral process, when facing them, find themselves “in the dark”—showing in each case where it is best for arbitrators, counsel, and parties to look for solutions offering logic, certainty and predictability. The issues ably covered by the author include, among others, the following: Is a non-signatory bound by or entitled to invoke an arbitration agreement? When may res judicata or collateral estoppel subject? Should a tribunal issue an anti-suit injunction? When may a tribunal treat as mandatory a law other than the chosen one? On what basis may a witness invoke testimonial privilege? When may a tribunal sanction counsel for what it considers misconduct? By what standards is a determination of corruption to be made? How should a tribunal determine the interest rate applicable to an award? On what basis are costs to be allocated? Examining in turn the guidance that may be provided by normative sources—national law (and if so, which one?), simple exercise of good judgment, or “international standards” derived from soft law, arbitral jurisprudence, international law, and scholarly and professional commentary—the analysis clearly shows how, when conventional sources of legal guidance are unavailing, decisions on important matters of arbitral practice and procedure are best made. The book will prove of major relevance and value to any and all stakeholders in the international arbitral process, whether commercial or investor-state.

Download or read book The Oxford Handbook of International Arbitration written by Thomas Schultz and published by Oxford University Press, USA. This book was released on 2020-06-30 with total page 1025 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Handbook offers academics and practitioners a one-stop-shop entry into the subject of international arbitration, and the ways in which it is discussed today.

Download or read book Taming the Guerrilla in International Commercial Arbitration written by Navin G. Ahuja and published by Springer Nature. This book was released on 2022-05-23 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book explores the definition and nature of guerrilla tactics in international commercial arbitration. It analyses various such tactics deployed (pre-Covid and during Covid times) and portrays them in a way that enables one to visualise how, and possibly why, they might be deployed. Attempts to codify ethical standards and rules regulating the behaviour of legal representatives in international arbitration are examined. The book covers a range of culture clashes, addresses several elephants in the room, and looks at factors inherent in the arbitral process that create opportunities and increase temptations to misbehave. It considers the remedies and sanctions available in international arbitration and compares them to those available to the courts in civil litigation. In addition to recommendations for future research, the book offers solutions to curb the problem in line with party autonomy and with a critical analysis. “This manuscript is an essential solutions-based text that not only addresses a comprehensive range of modern-day guerrilla tactics in international commercial arbitration but also offers thoughtful methods to deal with the shenanigans that parties may bring to the arbitral process.” - Chiann Bao, Independent Arbitrator, Arbitration Chambers and Vice President of the International Chamber of Commerce, Court of Arbitration “Dr. Ahuja’s book is a thoughtful and highly practical contribution to the study of procedures in international commercial arbitration. It is replete with scholarly analysis, careful treatment of authority, pragmatic insights and policy discussions. Any practitioner or student of international arbitration would benefit from this volume.” - Gary Born, Author, International Commercial Arbitration (3d ed. 2021) “A highly readable and informative book which identifies and analyses the numerous guerrilla tactics parties may attempt to deploy in international commercial arbitration, the factors which may encourage such behaviour, and practical mechanisms to keep the proceedings on track. Both erudite and practical, this book is a must-read for parties, counsel and arbitrators alike.” - Prof. Benjamin Hughes, Independent Arbitrator, The Arbitration Chambers “Guerrilla tactics are a pertinent problem in arbitration. Dr. Ahuja’s well written book not only describes the various tactics in a succinct way but provides extremely useful guidance on how to tackle them. It will be a primary source of reference for every practitioner faced with such tactics.” - Prof. Dr. Stefan Kröll, Chairman of the Board of Directors of the German Arbitration Institute (DIS) “Taming the Guerrilla in International Commercial Arbitration offers a refreshingly candid and balanced discussion of ‘sharp practices’ in international arbitration. The book collects a wealth of information on guerrilla tactics previously only available in separate survey reports, articles, and guidelines on the topic. It additionally includes a chapter addressing tactics deployed in virtual or remote arbitrations due to the Covid-19 pandemic. The comprehensive research and analysis presented in this book make it a valuable resource to counsel, parties, arbitrators, academics, and those who deliver practical arbitration training. A must-read for those who want to better understand the practices that may lead some to disfavor arbitration and ways the arbitration community can respond to guerrilla tactics to improve the arbitration process for all participants.” - Dana MacGrath, Independent Arbitrator, MacGrath Arbitration “From an unreasoned fiat of a wise man who left both sides equally unhappy but resolved the disputes effectively, arbitration has evolved into a full-scale trial before a party chosen tribunal. Its informality and expedition puts in peril the fundamental right of the recalcitrant to delay proceedings. Dr. Ahuja has assiduously articulated the measures, aptly christened Guerrilla Tactics, used to disrupt and derail arbitrations. An indispensable read for the practitioner and an insightful treatise for the policy maker.” - Harish Salve SA QC, Blackstone Chambers “This book shines a spotlight on arbitration’s dark arts - guerrilla tactics. Dr Ahuja illuminates this shadowy world with excellent (and much needed) scholarship that is practice-based and useful for all stakeholders in arbitration. His examination of the root causes of this problem, recommendations on how to control it, comparisons with litigation practice and suggestions for future research marvellously combine to make this a work that is required to be consulted by all serious counsel, arbitrators, institutions and academics in the field of arbitration.” - Romesh Weeramantry, Head, International Dispute Resolution, Centre for International Law, National University of Singapore

Download or read book Experientiam et Progressionem in Comparative and International Law written by Banggui Jin and published by ADJURIS – International Academic Publisher. This book was released on 2022-08-19 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume contains the scientific papers presented at the 2nd Conference on Comparative and International Law that was held on 24 June 2022 online on Zoom. This is an international conference. The conference is organized every year by the Society of Juridical and Administrative Sciences together with the Faculty of Law of the Bucharest University of Economic Studies. More information about the conference can be found on the official website: www.comparativelawconference.eu . The scientific studies included in this volume are grouped into three chapters: Contemporary Applicability Presentations in Comparative Law, International Law and Its Modern Regulatory Powers and Some aspects regarding criminal challenges. This volume is aimed at practitioners, researchers, students and PhD. candidates in juridical sciences, who are interested in recent developments and prospects for development in the field of comparative and international law.

Download or read book Mediation as a Mandatory Pre condition to Arbitration written by Ana Ubilava and published by BRILL. This book was released on 2022-11-21 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mediation as a Mandatory Pre-condition to Arbitration debunks common arguments against the compatibility of mandatory investor-state mediation with the ISDS regime. Ana Ubilava pioneers an empirical analysis of over 600 investor-state arbitration cases and a doctrinal study of ISDS clauses in dozens of treaties.

Download or read book Rethinking Investor State Arbitration written by Flavia Marisi and published by Springer Nature. This book was released on 2023-10-18 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: A significant increase in investor-State arbitration cases has been observed since the 2000s. The trust placed by investors and States in this method of dispute resolution stems from several strengths. In addition to its neutrality, one of the primary reasons for its widespread use is its adaptability, enabling it to address specific challenges that have emerged in recent decades. The following elements highlight this adaptability: the arbitration procedure can be customised to meet the specific needs of the disputing parties and stakeholders involved. It effectively responds to evolving cultural norms and ethical considerations, such as diversity, gender representation, corporate social responsibility, environmental issues, and human rights. Moreover, it can adapt to global health crises by facilitating online hearings. Finally, during times of international armed conflict, economic exchanges, trade, investment, and investor-State dispute settlement foster economic integration and interdependence, contributing to maintaining commercial peace and supporting international peace and security. However, investor-State arbitration has sparked vigorous debates, with many advocating for reform in three crucial aspects: transparency, legitimacy, and consistency. Multilateral negotiations are currently underway on various fronts, including the negotiation of more sustainable investment treaties, amendments to institutional arbitral rules, the design of a multilateral investment court, and the development of enhanced policy frameworks. This book delves into the history of investor-State dispute resolution to provide readers with an understanding of how its main features have evolved over time. It examines the most intensely debated procedural issues, analyses their multifaceted characteristics, reviews the complex relationship between investor-State arbitration and the European Union, and explores potential options for addressing stakeholder concerns.

Download or read book International Challenges in Investment Arbitration written by Mesut Akbaba and published by Routledge. This book was released on 2018-10-03 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the proverbial workhorse of international economic law, investment arbitration is heavily relied upon around the globe. It has to cope with the demands of increasingly complex proceedings. At the same time, investment arbitration has come under close public scrutiny in the midst of heated political debate. Both of these factors have led to the field of investment protection being subject to continuous changes. Therefore, it presents an abundance of challenges in its interpretation and application. While these challenges are often deeply rooted in the doctrinal foundations of international law, they similarly surface during live arbitral proceedings. International Challenges in Investment Arbitration serves not only as a collection of recently debated issues in investment law; it also deals with the underlying fundamental questions at the intersection of investment arbitration and international law. The book is the product of the 1st Bucerius Law Journal Conference on International Investment Law & Arbitration. It combines the current state of knowledge, new perspectives on the topic as well as practical issues and will be of interest to researchers, academics and practitioners in the fields of international investment law, international economic law, regulation and comparative law.

Download or read book Handbook of Evidence in International Commercial Arbitration written by Franco Ferrari and published by Kluwer Law International B.V.. This book was released on 2022-04-07 with total page 690 pages. Available in PDF, EPUB and Kindle. Book excerpt: In arbitration, evidence provides the basis for almost every decision, be it procedural, jurisdictional, or substantive. However, users from different legal traditions may not share the same understanding as to how an arbitral tribunal ought to proceed in this regard. Therefore, it is important for lawyers to know how to collect, develop, and present evidence in arbitration proceedings, not only from a legal perspective but also from a cultural point of view. It is against this backdrop that the editors have invited a diverse group of distinguished arbitration practitioners and academics to contribute to this matchless Handbook of Evidence in International Commercial Arbitration. Key concepts and issues related to evidence in arbitration covered include the following: the normative framework on evidence in arbitration proceedings; the burden and standard of proof; means of evidence, including documents, experts, and witnesses; questions of admissibility, including issues of privilege and confidentiality; the assessment of evidence and its probative value; court assistance and sanctions. With its systematic analysis of the key concepts of evidence, holistic discussion of the applicable normative framework, cross-cultural perspectives on the taking of evidence in arbitration, and reference to case law from major arbitration hubs, this book will become an undisputed point of reference for academics and practitioners alike. Critical acclaim: “This handbook elegantly captures the range of issues that arises regarding evidence in international arbitration. Bringing together the foremost experts in the field, each contribution offers a thoughtful analysis on these issues and the compilation deserves a prominent spot in every practitioner’s arbitral library.” Chiann Bao, Independent Arbitrator (Arbitration Chambers) and Vice President of the ICC Court of Arbitration “This publication well deserves recognition as a landmark handbook on evidence in international commercial arbitration. It comprehensively discusses the whole evidentiary process from its foundations taking a comparative and harmonizing perspective as well as the burden and standards of proof to the various evidentiary means up to the assessment of evidence. Written by leading academics and practitioners from all over the world, it will be a safe haven for anyone facing discrete evidentiary issues and looking for answers to fundamental or actual questions including as to privileges, confidentiality, virtual hearings or data protection.” Professor Filip De Ly, Chair of the ILA International Commercial Arbitration Committee