Download or read book Arbitration Law and Practice in Central and Eastern Europe written by Christoph Liebscher and published by Juris Publishing, Inc.. This book was released on 2006 with total page 1760 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The focus of Arbitration Law and Practice in Central and Eastern Europe is to provide an understanding of the involvement of state authority in arbitrations and offer practical ideas on arbitration procedures for countries in this region. Adopting a questionnaire format devised by the editors, issues are investigated from both the arbitrator's and the counsel's perspectives and important tactical issues are discussed. It is inevitable, however, that the reader may occasionally be disappointed to find an unanswered question. The editors, authors and contributors ask for patience as the reader tries to find specific answers to questions which would not have been posed ten years ago. Case law is generally sparse in these countries, legal reforms are recent, and therefore the legal writing is limited and does not cover the entire array of questions that may arise. The book is an indispensable reference and guide for arbitrators and party representatives who are engaged in arbitrations in the region."--Publisher's website.
Download or read book Investment Arbitration in Central and Eastern Europe written by Csongor Nagy and published by Edward Elgar Publishing. This book was released on 2019 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: Central and Eastern Europe (CEE) is the testing ground for investment arbitration in Europe: the majority of the cases against EU Member States are proceedings launched against countries from the region. Despite their relevance, CEE experiences have not been analysed in a comprehensive manner. This book is the first of its kind to present an extensive collection of case law on investment arbitration within Europe. Contributors provide contextual analysis, taking political, economic and regulatory factors in to account, to create an accessible text for practitioners and scholars alike.
Download or read book Czech Central European Yearbook of Arbitration Borders of Procedural and Substantive Law in Arbitral Proceedings 2013 written by Alexander J. Bělohlávek and published by Juris Publishing, Inc.. This book was released on 2013-03-01 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Czech Yearbooks Project, for the moment made up of the Czech Yearbook of International Law® and the Czech (& Central European) Yearbook of Arbitration®, began with the idea to create an open platform for presenting the development of both legal theory and legal practice in Central and Eastern Europe and the approximation thereof to readers worldwide. This platform should serve as an open forum for interested scholars, writers, and prospective students, as well as practitioners, for the exchange of different approaches to problems being analyzed by authors from different jurisdictions, and therefore providing interesting insight into issues being dealt with differently in many different countries. The Czech (& Central European) Yearbook of Arbitration® , the younger twin project within the Czech Yearbooks, primarily focuses on the problematic of arbitration from both the national and international perspective. The use of arbitration as a method of dispute resolution continues to increase in importance. Throughout Central and Eastern Europe, arbitration is viewed as being progressive, due to its practical aspects, and to its meeting the needs of specialists in certain practice areas. Central and Eastern Europe, the primary, but not exclusive, focus of this project, is steeped in the Roman tradition of continental Europe, in which arbitration is based on the autonomy of the parties and on informal procedures. This classical approach is somewhat different from the principles on which the system of arbitration in common-law countries is based. Despite similarities among countries in the region, arbitration in Central and Eastern Europe represents a highly particularized and fragmented system. One shortcoming in the use of arbitration in Central and Eastern Europe is the absence of comparative standards or a baseline that would facilitate the identification of commonalities and differences in individual countries, and help resolve problems that are common throughout the region. The CYArb® project aims to address this issue and provide a forum for comparisons of arbitration practice and doctrine in countries within the region, and in relation to practices internationally. It sheds light on both practical and academic aspects within these countries, and compares those approaches to broader European and international practices. This project will also foster a broad exchange of legal research and other information on the subject. The third volume of the CYArb® focuses on the blurry area which borders the procedural and substantial law. Editors, being motivated with an endeavour to provide the readers with complex insight into the problematic, invited authors of Civil same as Common law jurisdictions to provide their insight and analysis on the problems of i.e. mandatory provisions of procedural same as substantive law, issues of application of law in arbitration, adjudication according to the ex aequo et bono principles, issues of the burden and standard of proof and others. The issues are presented on highly comparative basis provided mostly by practitioners who are simultaneously involved in academic activities. The book is divided into four sections. The backbone sections encompass the doctrinal articles of the authors same as case law analysis of the domestic courts from the region relating to the topic, covering the case law of Constitutional, General same as Arbitral courts of the countries from the Central European Region. The rest of the book covers the news in the arbitration area same as interesting arbitration events or published articles and books of the authors from the region. The new volume of the The Czech (& Central European) Yearbook of Arbitration® : Borders of Procedural and Substantive Law in Arbitral Proceedings (Civil versus Common Law Perspectives) brings useful resource for everyone who is dealing with arbitration in all of its aspects, be it an academic, practitioner, law or international relations student who seeks global compendium on the issue including an overlap to economic and politic aspects of the problematic.
Download or read book Litigation and Arbitration in Central and Eastern Europe IBA 26th Biennial Conference Berlin October 20 25 1996 written by International Bar Association Staff and published by Springer. This book was released on 1998-09-07 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Arbitration in Central and Eastern European Countries written by and published by . This book was released on 2004 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Comparative Law in Eastern and Central Europe written by Aleksander W. Bauknecht and published by Cambridge Scholars Publishing. This book was released on 2014-07-24 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative law is a research methodology which has been increasingly fashionable in recent decades, as comparisons between common law and civil law have dominated the law studies landscape. There are many methods of comparative law in use, including comparison of legal rules, comparison of cases, and comparison of legal theories. Each of these methods has strong proponents and opponents. Dogmatic comparisons of rules are criticized for not giving the whole picture of law in action, but praised for being the first and the only truly legal step in comparative research. Case-based comparisons are praised for enabling us to compare the true understanding of rules by courts, yet the critics of this method point out that only the higher courts’ decisions are subject to comparison, and most cases do not reach this stage. Finally, comparisons of legal theories are praised for enabling us to know the spirit of the laws, yet opponents would argue that many countries sharing the same theory would draw opposite conclusions from it. This book is a result of the attempted (and successful) introduction of comparative law into the region of Eastern and Central Europe. The subject has induced interest beyond expectations. This volume opens with a chapter on the unification of law, both from the perspective of institutional unification by such supra-state organizations, spontaneous and institutionalized unifications between two or more legal systems, and the methods of choosing the right rules in the unification process. Chapters two and three follow the classical division of private and public law, as proposed by the brilliant Roman lawyer Ulpian. Overall, the chapters in this book offer an interesting and engaging commentary on the current topics discussed by academics in Eastern and Central Europe.
Download or read book Czech and Central European Yearbook of Arbitration 2011 The Relationship between Constitutional Values Human Rights and Arbitration written by Alexander J. Bělohlávek and published by Juris Publishing, Inc.. This book was released on 2011-04-01 with total page 550 pages. Available in PDF, EPUB and Kindle. Book excerpt: The topic for the inaugural edition of the Czech (& Central European) Yearbook of Arbitration (CYArb) is a highly interdisciplinary investigation into the relationship between human rights and arbitration. While providing a broad comparative approach of national tribunals from the perspective of different legal traditions, this topic has many significant practical aspects, such as service of process in arbitration proceedings. The CYArb also features articles by leading authorities from not only the Czech Republic but also Central and Eastern Europe, Switzerland and Russia on different topics in international arbitration; The Yearbook includes commentary and analysis of selected important case law - where international arbitration and the courts meet - from Bulgaria, the Czech Republic, Hungary, Poland and Russia. To ensure the integrity and quality of the CYArb, it boasts an Advisory Board featuring leading arbitration figures of the region, including: Anton Baier, Vienna, Austria Silvy Chernev, Sofia, Bulgaria Sir Anthony Colman, London, UK Bohuslav Klein, Prague, Czech Republic Pierre Lalive, Geneva, Switzerland Piotr Nowaczyk, Warsaw, Poland Ivan Szász, Budapest, Hungary Stanislaw Soltysiński, Warsaw, Poland Jozef Suchoža, Košice, Slovak Republic Vladimír Týč, Brno, Czech Republic A vital component of the CYArb is the unprecedented cooperation from the leading academic and arbitral institutions in the field: In the Czech Republic, this endeavor has the cooperation of the following institutions: – Faculty of Law, Charles University, Prague, – Faculty of Law, Masaryk University, Brno, – Faculty of Law, University of West Bohemia, Pilsen, – Faculty of Law, Palacký University, Olomouc, – Institute of State and Law, Academy of Sciences of the Czech Republic In the Slovak Republic: – Institute of State and Law, Slovak Academy of Sciences, A large degree of collaboration was provided by the permanent arbitration courts and other institutions in the region: · International Arbitral Centre of the Austrian Federal Economic Chamber (VIAC) · Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania · Arbitration Court attached to the Hungarian Chamber of Commerce and Industry · Arbitration Court attached to the Economic Chamber of the Czech Republic and Agricultural Chamber of the Czech Republic · Arbitration Court attached to the Czech-Moravian Commodity Exchange · ICC National Committee Czech Republic · The Court of Arbitration at the Polish Chamber of Commerce The degree of collaboration and cooperation from leading individuals, academic and arbitral institutions, allows the CYArb to fulfill its goal of being the leading Yearbook on arbitration developments and case law for the region.
Download or read book Review of Arbitration in Central and Eastern Europe written by and published by . This book was released on 2000 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Practitioner s View of Arbitration in Central and Eastern Europe written by Robert B. von Mehren and published by . This book was released on 1992 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book East European Rules on the Validity of International Commercial Arbitration Agreements written by Ludwik Kos-Rabcewicz-Zubkowski and published by Manchester University Press. This book was released on 1970 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Arbitration in Africa written by Lise Bosman and published by Kluwer Law International B.V.. This book was released on 2021-09-02 with total page 693 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Second Edition of this unprecedented volume assembles an updated and expanded country-by-country analysis – both practical and insightful – of how arbitration is conducted in forty-nine African countries, providing essential information about legislative provisions, treaty adherence, and arbitral procedure. Contributors include sought-after African arbitrators, distinguished practitioners, academics and institution-builders, all of whom are active in promoting the use of arbitration as a viable means of dispute resolution in Africa. Five sections representing the main regions of the continent, each with a substantive introductory chapter covering the major trends within that region, offer country overviews addressing issues such as the following: adherence to the key arbitration conventions; modernity of a State’s arbitration legislation and its compatibility with the UNCITRAL Model Law; particular features of arbitral practice in that jurisdiction (including responses to the COVID-19 pandemic); access to and (where available) statistics from local and regional arbitral institutions; significant arbitration-related national case law; and enforcement of foreign arbitral awards. A sixth section focuses on treaty-based investor-State arbitration against African States under the ICSID Convention, providing an empirical analysis of the experience and record of African States with investor-State arbitration in the period between 2010 and 2020. Useful tables and graphics of intra-African bilateral investment treaties, a list of ICSID proceedings involving African States, a list of treaty accession by African States, and other tabular features round out the volume. The first edition of this volume was welcomed by arbitration practitioners and legal academics everywhere as an essential guide to an emerging and important area of international arbitration practice. This second edition tracks the significant developments (in treaty accession, reform of arbitration legislation and developing case law) that have taken place over the past decade, and confirms that arbitration as a preferred method of dispute resolution is now firmly entrenched on the African continent.
Download or read book Czech Central European Yearbook of Arbitration written by Alexander J. Belohlavek and published by . This book was released on 2011 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Future of International Arbitration in Central and Eastern Europe written by Wojciech Sadowski and published by . This book was released on 2018 with total page 21 pages. Available in PDF, EPUB and Kindle. Book excerpt: The central conclusion I will make in this paper is that the cycle of development of international commercial arbitration in CEE may be approaching a low mark. The forces that were driving the development of international arbitration in this part of the world before 1989, such as the East-West dichotomy and the subsequent increased commercial, legal, and political risk connected to the "emerging-economy" status of CEE countries, exhausted most of its potential, which is unlikely to rebound. At the present moment, there are no compelling reasons why international arbitration in CEE should flourish. It is clear, however, that its future development will have to respond to the changing needs and preferences of the business community and the individual CEE states, rather than the objectives immediately relied upon after the fall of Communism.This paper starts with a brief historical note explaining the traditional motivations leading commercial parties to agree on international arbitration in the CEE-related business context, both before and after the fall of Communism in 1989. I will present the developments of the past twenty-five years that help explain the current position and potential of international commercial arbitration in CEE. Due to the significant diversity among the countries in the region, I will not offer a detailed analysis of the particular legal frameworks in each individual CEE state. The differences between various national laws within the region do not play a primary role. Instead, I will emphasize the existing and potential interests and reasons that may convince the business community across CEE to use international arbitration to resolve commercial disputes. These enticing factors do not depend as much on the legal particularities of individual CEE jurisdictions as on the broader economic and cultural considerations of the region generally.
Download or read book Arbitration in Egypt written by Ibrahim Shehata and published by Kluwer Law International B.V.. This book was released on 2021-10-05 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: Egypt, and in particular the Cairo Regional Centre for International Commercial Arbitration (CRCICA), has clearly cemented its status as a preferred seat for arbitration cases in both the Middle East–North Africa (MENA) region and the African continent. To assist parties with a need or desire to arbitrate disputes arising in these regions – whether commercial or investment – this incomparable book, the first in-depth treatment in any language of arbitration practice under Egyptian law, provides a comprehensive overview of the arbitration process and all matters pertaining to it in Egypt, starting with the arbitration agreement and ending with the recognition and enforcement of the arbitral award. Citing more than 2,500 cases – both awards and arbitral-related court judgments – the book’s various chapters examine in detail how Egypt’s arbitration law, based on the UNCITRAL model law, encompasses such internationally accepted arbitral provisions and aspects as the following: application of the New York Convention; concept of arbitrability; choice of applicable law; formation of the arbitral tribunal; selection, rights, duties, liability, and challenge of arbitrators; arbitral procedures; evidence and experts and burden of proof; form and content of arbitral awards; annulment and enforcement procedures; interaction between Sharia law and arbitration; role of Egypt’s Technical Office for Arbitration (TOA); and judicial fees. Special issues such as third-party funding and public policy as well as particular areas of dispute such as construction, sports, real estate, labor and employment, tax, competition, intellectual property, and technology transfer are all covered. The author offers practical guidelines tailored to arbitration in these specific areas of law. An added feature is the many figures and other visuals that accompany the text. For whoever is planning to or is currently practicing arbitration in the Middle East, this matchless book gives arbitrators, in-house counsel and arbitration practitioners everything that is needed to answer any question likely to arise. This book should be on the shelf of every practitioner and academic wishing to comprehend arbitration in Egypt as construed by the Egyptian Courts. Review/Testimonial: “The book is an excellent contribution to understand and assess Egyptian international arbitration law and practice and invaluable guide for lawyers, arbitrators and academics working on arbitration cases connected to Egypt for three main reasons: First, a case law perspective that adds considerable value to the book. The author examines not only the text of laws but also the case law. On every issue, Mr Shehata quotes the positions of Egyptian courts, especially those of the Egyptian Cassation Court. With more than 2,500 cases cited, the book is a precious source to discover the Egyptian decisions originally only in Arabic. Through an analysis and commentary of a great number of decisions rendered by various levels of Egyptian courts, the book offers the most reliable source with regard to the interpretation and the application of the Law No. 27 of 1994 and the international conventions by Egyptian courts. Second, a complete and far-reaching analysis. The book covers all aspects of the arbitration process from the arbitration agreement to the enforcement of arbitral awards. It includes the specific arbitration sectors such as sport arbitration, construction arbitration and investment arbitration. This coverage makes the book one of the reference work on the whole regime of arbitration in Egypt. Third, an up-to-date study, which takes into account rule changes and up-to-date developments on new trends, such as third-party funding, optional clauses, virtual hearings, the use of tribunal secretaries and issues of ethics in arbitration.” Source / Reviewer: Professor Walid Ben Hamida, University of Paris-Saclay, France. ICC DISPUTE RESOLUTION BULLETIN 2021 | ISSUE 3 |
Download or read book Carriage of Goods by Sea in the Practice of the U S S R Maritime Arbitration Commission written by Wim Timmermans and published by Springer. This book was released on 1990 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This looseleaf work (which is regularly updated) provides an authoritative & continuing series of translations into English of the laws relating to business, & investment of the countries of Central & Eastern Europe, including: Bulgaria, Czech Republic, Slovakia, Hungary, Poland, Romania & Yugoslavia. Under the editorship of Professor Vratislav Pechota of the Parker School, Columbia University, New York, & a distinguished Editorial Board, the translations are to a high standard & will be invaluable to businessmen interested in Central & Eastern Europe & their legal advisers.
Download or read book International Arbitration and EU Law written by José R. Mata Dona and published by Edward Elgar Publishing. This book was released on 2021-03-26 with total page 643 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the intersection of EU law and international arbitration based on the experience of leading practitioners in both commercial and investment treaty arbitration law. It expertly illustrates the depth and breadth of EU law’s impact on party autonomy and on the margin of appreciation available to arbitral tribunals.
Download or read book A Guide to Arbitration and Litigation in Central and Eastern Europe written by and published by . This book was released on 1998 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt:
