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Book Taming the Guerrilla in International Commercial Arbitration

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

Book Guerrilla Tactics in International Arbitration

Download or read book Guerrilla Tactics in International Arbitration written by Günther J. Horvath and published by . This book was released on 2013 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: To an extent that may surprise many, international arbitral proceedings are prone to serious interference from the obstructive or even criminal behaviour of interested and‘stakeholdersand’. Numerous anecdotes involving not only bribery and subornation but actual violent threats of retaliation have emerged since the editors of this book addressed an audience at the Vienna Arbitration Days 2010, at which time they used the popular term guerilla and– denoting such tactics as ambushes, sabotage, and intimidation and– to evoke their topic, and called for effective means to combat this undermining of the integrity and popularity of international arbitration. Their call bore fruit, and this collection of contributions by a wide spread of seasoned arbitration practitioners and– the driving forces in their field and– as well as leading academics with distinguished backgrounds and reputations bears powerful witness to the importance of the subject. Going beyond anecdote, these authors adopt an analytic view of guerrilla tactics in arbitration as a broad collective of unconventional means that undermine the mechanismand’s envisioned mode of operation. They offer eminently practical, and‘hands-onand’ discussions that give this topic foundation and elaborate on the issue in detail, from the perspectives of counsel, arbitrators, and arbitral institutions, to the specifics and intricacies of national and international litigation and the role of international institutions, to an intensive discussion on ethics in international arbitration, and and– most importantly and– the way forward. Among the specific topics are the following: dealing with state entities; sanctions available for arbitrators to curtail guerrilla tactics; influence of international institutions; and use of diplomatic channels. The book describes actual experiences from all major legal systems worldwide. Further practical guidance includes details of how to seek assistance from state courts, bar associations, the IMF, and the World Bank. As an invaluable source of knowledge and guidance, particularly as an instrument available to practitioners faced with arbitration guerrillas in jurisdictions all over the world, this book will rapidly become an indispensable handbook for use in difficult factual situations where time and means of recourse are limited.

Book Guerrilla Tactics

    Book Details:
  • Author : Dariia Nemyrovych
  • Publisher :
  • Release : 2015
  • ISBN :
  • Pages : 108 pages

Download or read book Guerrilla Tactics written by Dariia Nemyrovych and published by . This book was released on 2015 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Private Dispute Resolution in International Business

Download or read book Private Dispute Resolution in International Business written by Klaus Peter Berger and published by . This book was released on 2015 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The third, fully revised edition of 'Private Dispute Resolution in International Business' now consists of two books and an interactive USB Card, to give you easier access to this valuable information. This new multimedia project will help you analyse the various ways of resolving an international business dispute: through negotiation, business mediation and international commercial arbitration. The updated and revised Handbook takes account of recent developments in the law and practice of ADR in international business. Practical and user-friendly, it is complemented by the usability and graphical interface of the digital content. The print components (Case Study and Handbook) convert each theory into clear practical guidance, while the interactive electronic resources (on the USB Card) include more than four hours of highly realistic training videos. These will provide you with vivid simulation and documentary support down to the smallest detail. The work takes account of new case law and academic writings, as well as specific subjects that have been the focus of legal practice in recent years. These include the pros and cons of best practices, the use of guerrilla tactics, and the role of secretaries in international arbitration.

Book Yearbook Commercial Arbitration  Volume XLVIII  2023

Download or read book Yearbook Commercial Arbitration Volume XLVIII 2023 written by Stephan W. Schill and published by Kluwer Law International B.V.. This book was released on 2023-12-11 with total page 825 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Yearbook Commercial Arbitration continues its longstanding commitment to serving as a primary resource for the international arbitration community. With arbitral awards being published in the newly founded ICCA Awards Series as of 2023, the Yearbook now focuses on court decisions that either apply the principal arbitration conventions or are of general interest to the practice of international arbitration and comes with the addition of new indexes to facilitate research. Volume XLVIII (2023) includes: • excerpts of fifty-three decisions applying the 1958 New York Convention from 21 countries indexed by Convention topics • excerpts from eight decisions applying the 1965 ICSID Convention and the 1975 Panama Convention • excerpts from fifty-nine decisions of general interest to the practice of international arbitration: forty-nine recent decisions of the Singapore International Commercial Court, as well as ten decisions rendered by the courts of Canada, France, Germany, and India, and by the European Court of Human Rights • two new indexes covering all reported decisions: a Table of Instruments and an Index by Subject Matter • announcements of new and amended arbitration rules, and recent developments in arbitration law and practice • an extensive Bibliography of recent books and journals on arbitration • a Compendium of Arbitral Awards Published in the Yearbook 1976 – 2022, concluding the Yearbook cycle of awards publication. The Yearbook is edited by the International Council for Commercial Arbitration (ICCA), the world’s leading organization representing practitioners and academics in the field of international arbitration, under the general editorship of Prof. Dr. Stephan W. Schill and with the assistance of the Permanent Court of Arbitration, The Hague. It is an essential tool for lawyers, businesspeople and scholars involved in the practice and study of international arbitration.

Book The Principles and Practice of International Commercial Arbitration

Download or read book The Principles and Practice of International Commercial Arbitration written by Margaret L. Moses and published by Cambridge University Press. This book was released on 2008-03-17 with total page 91 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title provides the reader with immediate access to understanding the world of international arbitration. Arbitration has become the dispute resolution method of choice in international transactions. This book explains how and why arbitration works. It provides the legal and regulatory framework for international arbitration, as well as practical strategies to follow and pitfalls to avoid. It is short and readable, but comprehensive in its coverage of the basic requirements, including changes in arbitration laws, rules, and guidelines. In the book, the author includes insights from numerous international arbitrators and counsel, who tell firsthand about their own experiences of arbitration and their views of the best arbitration practices. Throughout the book, the principles of arbitration are supported and explained by the practice, providing a concrete approach to an important means of resolving disputes.

Book Modern Law of International Trade

Download or read book Modern Law of International Trade written by Ajendra Srivastava and published by Springer Nature. This book was released on 2020-08-31 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a comprehensive and systematic study of the principal aspects of the modern law of international commercial transactions. Based on diverse sources, including legislative texts, case law, international conventions, and a variety of soft-law instruments, it highlights key topics such as the international sale of goods, international transport, marine insurance, international finance and payments, electronic commerce, international commercial arbitration, standard trade terms, and international harmonization of trade laws. In focusing on the private law aspects of international trade, the book closely analyzes the relevant statutes, case law and the European Union (EU) and international uniform law instruments like the Rome I Regulation, the UN Convention on the Contracts for the International Sale of Goods (CISG), UNCITRAL Model Laws; non-legislative instruments including restatements such as the UNIDROIT Principles on International Commercial Contracts, and rules of business practices codified by the ICC such as the Arbitration Rules, UCP 600 and different versions of the INCOTERMS. The book clearly explains the key concepts and nuances of the subject, offering incisive and vivid analyses of the major issues and developments. It also traces the evolution of the law of international trade and explores the connection between the lex mercatoria and the modern law. Comprehensively examining the issue of international harmonization of trade laws from a variety of perspectives, it provides a detailed account of the work of major players in the field, including UNCITRAL, UNIDROIT, ICC, and the Hague Conference on Private International Law (HCCH). Adopting the comparative law method, this book offers a critical analysis of the laws of two key jurisdictions—India and England—in the context of export trade. In order to stimulate discussion on law reform, it explains the similarities and differences not only between laws of the two countries, but also between the laws of India and England on the one hand, and the uniform law instruments on the other. Given its breadth of coverage, this book is a valuable reference resource not only for students in the fields of law, international trade, and commercial law, but also for researchers, practitioners and policymakers.

Book The Eagle s Talons

    Book Details:
  • Author : Dennis M. Drew
  • Publisher :
  • Release : 1988-12
  • ISBN : 9781585660254
  • Pages : 445 pages

Download or read book The Eagle s Talons written by Dennis M. Drew and published by . This book was released on 1988-12 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: Amerikanske Revolution; Amerikanske Borgerkrig; Første verdenskrig; Anden Verdenskrig; Koreakrigen; Vietnamkrigen; Krigen mod Mexico; Spansk-amerikanske krig;

Book The Global Political Economy of Israel

Download or read book The Global Political Economy of Israel written by Jonathan Nitzan and published by Pluto Press. This book was released on 2002-08-20 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: The debate about globalisation and its discontents

Book Uniform Rules for European Contract Law

Download or read book Uniform Rules for European Contract Law written by Francisco de Elizalde and published by Bloomsbury Publishing. This book was released on 2018-06-28 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last 30 years, the evolution of acquis communautaire in consumer law and harmonising soft law proposals have utterly transformed the landscape of European contract law. The initial enthusiasm and approval for the EU programme has waned and, post Brexit, it currently faces increasing criticism over its effectiveness. In this collection, leading academics assess the project and ask if such judgements are fair, and suggest how harmonisation in the field might be better achieved. This book looks at the uniform rules in the context of: the internal market; national legislators and courts; bridging the gap between common and civil law; and finally their influence on non-member states. Critical and rigorous, it provides a timely and unflinching critique of one of the most important fields of harmonisation in the European Union.

Book Theories and Practices of Development

Download or read book Theories and Practices of Development written by Katie Willis and published by Psychology Press. This book was released on 2005 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: Throughout the twentieth century, governments sought to achieve 'development' not only in their own countries, but also in other regions of the world; particularly in Africa, Asia, Latin America and the Caribbean. This focus on 'development' as a goal has continued into the twenty-first century, for example through the United Nations Millennium Development Targets. While development is often viewed as something very positive, it is also very important to consider the possible detrimental effects it may have on the natural environment, different social groups and on the cohesion and stability of societies. In this important book, Katie Willis investigates and places in a historical context, the development theories behind contemporary debates such as globalization and transnationalism. The main definitions of 'development' and 'development theory' are outlined with a description and explanation of how approaches have changed over time. The differing explanations of inequalities in development, both spatially and socially, and the reasoning behind different development policies are also considered. By drawing on pre-twentieth century European development theories and examining current policies in Europe and the USA, the book not only stresses commonalities in development theorizing over time and space, but also the importance of context in theory construction. This topical book provides an ideal introduction to development theories for students in geography, development studies, area studies, anthropology and sociology. It contains student-friendly features, including boxed case studies with examples, definitions, summary sections, suggestions for further reading, discussion questions and website information.

Book Standing up for a Sustainable World

Download or read book Standing up for a Sustainable World written by Claude Henry and published by Edward Elgar Publishing. This book was released on 2020-12-25 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: The world has witnessed extraordinary economic growth, poverty reduction and increased life expectancy and population since the end of WWII, but it has occurred at the expense of undermining life support systems on Earth and subjecting future generations to the real risk of destabilising the planet. This timely book exposes and explores this colossal environmental cost and the dangerous position the world is now in. Standing up for a Sustainable World is written by and about key individuals who have not only understood the threats to our planet, but also become witness to them and confronted them.

Book The Company of Strangers

Download or read book The Company of Strangers written by Paul Seabright and published by Princeton University Press. This book was released on 2004 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a wonderful book, very well written and accessible to a wide audience.

Book The Politics of Trade and Industrial Policy in Africa

Download or read book The Politics of Trade and Industrial Policy in Africa written by Charles Chukwuma Soludo and published by IDRC. This book was released on 2004 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book maps the process and political economy of policy making in Africa. It's focus on trade and industrial policy makes it unique and it will appeal to students and academics in economics, political economy, political science and African studies. Detailed case studies help the reader to understand how the process and motivation behind policy decisions can vary from country to country depending on the form of government, ethnicity and nationality and other social factors.

Book Cultivating Peace

    Book Details:
  • Author : International Development Research Centre (Canada)
  • Publisher : IDRC
  • Release : 1999
  • ISBN : 0889368996
  • Pages : 300 pages

Download or read book Cultivating Peace written by International Development Research Centre (Canada) and published by IDRC. This book was released on 1999 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cultivating Peace: Conflict and collaboration in natural resource management

Book The Practice of Diplomacy

Download or read book The Practice of Diplomacy written by Keith Hamilton and published by Routledge. This book was released on 2013-05-13 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the unstable international conditions of the post Cold War world, the role of diplomacy has taken on increasing importance with the greater complexity of relationships between international power centres. The Practice of Diplomacy tracks the historical development of diplomatic relations and methods from the earliest period up to their current transformations in the late twentieth century, showing how they have changed to encompass new technological advances and the needs of modern international environments. This coherent and accessible text brings the history of diplomacy fully up to date, exploring altered perspectives and newly emerging practices resulting from United Nations diplomacy and recent political developments in Eastern and central Europe, including the former Yugoslavia.

Book The Corporate Rich and the Power Elite in the Twentieth Century

Download or read book The Corporate Rich and the Power Elite in the Twentieth Century written by G. William Domhoff and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book demonstrates exactly how the corporate rich developed and implemented the policies and government structures that allowed them to dominate America in the 20th-century. Written with unparalleled insight, Domhoff offers a remarkable look into the nature of power during a pivotal time, with added significance for the current era.