Download or read book Pervasive Problems in International Arbitration written by Loukas A. Mistelis and published by Kluwer Law International B.V.. This book was released on 2006-01-01 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This important book will be of great interest to arbitration lawyers, international lawyers and business people, as well as to academics, libraries, and students of dispute resolution."--Publisher's website.
Download or read book Pervasive Problems in International Arbitration written by Loukas A. Mistelis and published by . This book was released on 2006 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This important book will be of great interest to arbitration lawyers, international lawyers and business people, as well as to academics, libraries, and students of dispute resolution."--Publisher's website.
Download or read book Pervasive Problems in Choosing the Applicable Law in International Commercial Arbitration written by Silviya Marushkina and published by . This book was released on 2012 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Contemporary Problems in International Arbitration written by Julian Lew and published by Springer Science & Business Media. This book was released on 2013-06-29 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: The establishment of a School of International Arbitration was a sufficiently important occurrence to have brought to London, for its inaugural conference, most of the world's leading experts on international arbitration. The three-day Symposium on March 25-27, 1985 sought to identify and consider the It was not the aim contemporary problems affecting international arbitration. of the Symposium to develop, propose or agree solutions to these problems, but rather to discuss the issues and alternative solutions. The success of the School will be measured in the future by its contribution, through research and teaching, to the development of solutions to the difficulties and uncertainties which reduce the effectiveness of international arbitration agreements and awards and the conduct of international arbitral proceedings. This book reproduces the papers presented at the Symposium (amended and varied by several contributors). It is not considered appropriate here to comment on or analyse paper by paper the ideas presented or discussions which ensued. However, it would be appropriate to make reference to specific developments in the short period since the Symposium directly relevant to the papers reproduced and the discussions which ensued. The pertinence of the subject-matter selected becomes clear from these subsequent developments.
Download or read book Procedure and Evidence in International Arbitration written by Jeffrey Waincymer and published by Kluwer Law International B.V.. This book was released on 2012-05-23 with total page 1408 pages. Available in PDF, EPUB and Kindle. Book excerpt: Central to the book’s purpose is the procedural challenge facing arbitrators at each and every stage of the arbitral process when fairness arguments conflict with efficiency concerns and trade-offs must be determined. Some key themes include how can a tribunal be fair, and in particular be neutral, if parties are so diverse? How can arbitration be made efficient and cost-effective without undue inroads into fairness and accuracy? How does a tribunal do what is best if the parties are choosing a suboptimal process? When can or must an arbitrator ignore procedural choices made by the parties? The author thoroughly evaluates competing arguments and adds his own practical tips, expertly synthesizing and engaging with the conference literature and differing authors’ views. He identifies criteria that offer a harmonized approach to each stage of the arbitral process, with particular attention to such aspects of international arbitration as: appropriate trade-offs between flexibility and certainty; the rights, duties and powers of arbitrators; appointment and challenge of arbitrators; responses to ‘guerilla’ tactics; drafting of arbitration agreements, including specialty clauses; drafting of required commencement notices and response documents; set-off; fast track arbitration and other efficiency options; strategic use of preliminary conferences and timetabling; online arbitration; multi-party, multi-contract, class arbitration; amicus and third party funders; pre-arbitral referees and interim relief; witness evidence, both factual and expert; documentary evidence, production obligations, and challenges to production; identifying applicable law; and remedies and costs.
Download or read book Towards a Science of International Arbitration written by Christopher R. Drahozal and published by Kluwer Law International B.V.. This book was released on 2005-01-01 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most books on international commercial arbitration approach the subject through legal theory supported by anecdotal evidence. This remarkable book is distinguished by its focus on the application of quantitative empirical research to the study of international arbitration. It collects, together with commentary, the existing empirical literature on the subject, and also presents several studies published here for the first time. Beginning with a basic overview of the methods of empirical research (surveys, observational studies, experimental studies), the book goes on to reprint the existing empirical studies under six headings: why parties agree to arbitrate; arbitration clauses; arbitral procedures; arbitrator selection; rules of decision and applicable law; and, arbitration awards. Written in an easily accessible, non-technical manner, Towards a Science of International Arbitration provides the starting point for future empirical research on international arbitration by collecting the existing empirical literature in one place and by suggesting possible topics for research. It will be of inestimable value to lawyers and others involved in international dispute resolution, whether as arbitrators, parties, party representatives, or in-house counsel, as well as to academics interested in methods of resolving disputes in international commerce.
Download or read book Explaining Why You Lost written by Antonio Crivellaro and published by Kluwer Law International B.V.. This book was released on 2020-11-20 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt: Generally speaking, the losing party is more interested than the winning party in understanding the reasons for the outcome of the proceeding. And yet, the requirement that, unless otherwise agreed by the parties, the award “shall state the reasons upon which it is based” is a widely recognized principle in international arbitration. The rules of most arbitral institutions also require that an award include reasons. This Institute Dossier addresses reasoning in International Commercial and Investment Arbitration Awards: Should an arbitrator state his reasons? Why? How extensive and/or complete must the reasoning be for the process to be fully comprehensible and thus legitimate to the parties? What may be the consequences of an unsatisfactory reasoning? Readers will get useful insights into the legal reasoning process by accessing data from a recent large-scale empirical study of legal reasoning in commercial disputes. They will also be treated to some creative writing tips in the hope that reading an award becomes a more interesting part of the job. The ICC Institute of World Business Law brings together the finest legal minds to strengthen links between international business practitioners and the legal profession. The Institute ‘Dossiers’ is a series that has gained international prestige. These Dossiers are the outcome of the Institute’s annual meetings, where experts from around the globe come together to discuss salient issues of international commercial law and arbitration. An ICC Services publication, distributed by Kluwer Law International.
Download or read book Diversity in International Arbitration written by Shahla F. Ali and published by Edward Elgar Publishing. This book was released on 2022-11-04 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: After decades of focus on harmonization, which for too many represents no more than Western legal dominance and a largely homogeneous arbitration practitioner community, this ground-breaking book explores the increasing attention being paid to the need for greater diversity in the international arbitration ecosystem. It examines diversity in all its forms, investigating how best to develop an international arbitral order that is not just tolerant of diversity, but that sustains and promotes diversity in concert with harmonized practices.
Download or read book Post Hearing Issues In International Arbitration written by Devin Bray and published by Juris Publishing, Inc.. This book was released on 2013-10-01 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: Post-Hearing Issues in International Arbitration includes articles that originally appeared in the Stockholm Arbitration Report (SAR) and the Stockholm International Arbitration Review (SIAR). All of the articles have been extensively revised and updated for this publication. The authors and articles selected include a wide range of perspectives and include judges, arbitrators, seasoned practitioners and well-respected scholars that can account for the first-hand practice-orientated developments of international arbitration. The book is set out in three parts. In Part I, the authors discuss three significant issues related to the conclusion of an international arbitral award: arbitrator deliberations, punitive damages, and post-award interest. Part II attempts to navigate the interesting and often daunting review processes of an international arbitration award. Part III considers a blend of international arbitration recognition and enforcement issues, including jurisdictional hurdles, public policy concerns, primary defences, and the practical requirements of a successful claim. Contributors Include: Eunice Bai Jonas Benedictsson Gordon Blanke Thomas E. Carbonneau Christopher R. Drahozal Jessica Jia Fei Laurent Hirsch Vladimir Khvalei Peter Krikström Emma Lindsay Finn Madsen Damien McDonald Katarina Mild Charles Poncet Christopher Seppälä Robert H. Smit Alexander Vesselinovitch Martin Wallin
Download or read book International Arbitration Checklists Second Edition written by Grant Hanessian and published by Juris Publishing, Inc.. This book was released on 2009-04-01 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: Baker & McKenzie, has one of the world's largest and most successful international arbitration practices. This book, written by members of the International Dispute Resolution Practice Group of Baker & McKenzie and others, provides a practical, experience-based guide to international arbitration. Each chapter begins with a "checklist" of issues to be considered at each stage of arbitration. Topics include drafting arbitration clauses, commencement of the case, staying court proceedings, compelling arbitration, selection of the tribunal, provisional relief, conduct of hearings and enforcement of awards, among many others. Law and practice in each of the world's major arbitration centers is discussed. Appendices provide ready access to arbitration treaties, statutes and rules. This book will be a standard reference for in-house counsel and outside practitioners.
Download or read book International Arbitration written by Stephen M. Schwebel and published by Cambridge University Press. This book was released on 2020-01-23 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: The vitality or, alternatively, vitiation of the international arbitral process remains a pressing subject. The explosion of inter-State, investor-State, and international commercial arbitration in recent years magnifies the importance of the subject. This second edition combines the historical analysis of the first edition with a survey of the continued salience and contemporary developments for each of the three problems identified: (i) the severability of the arbitration agreement; (ii) denial of justice (and now other possible breaches of international law) by governmental negation of arbitration; and (iii) the authority of truncated international arbitral tribunals. The international arbitral process continues to be fortified against unilateral attempts to derail it and, to that end, this book will be a valuable guide for practitioners and scholars alike.
Download or read book Legal Theory of International Arbitration written by Emmanuel Gaillard and published by BRILL. This book was released on 2010-05-03 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: Review excerpts from the book on Scribd International arbitration readily lends itself to a legal theory analysis. The fundamentally philosophical notions of autonomy and freedom are at the heart of its field of study. Similarly essential are the questions of legitimacy raised by the parties’ freedom to favor a private form of dispute resolution over national courts, to choose their judges, to tailor the procedure and to choose the applicable rules of law, and by the arbitrators’ freedom to determine their own jurisdiction, to shape the conduct of the proceedings and to choose the rules applicable to the dispute. The present work, based on a Course given at The Hague Academy of International Law in the Summer 2007, identifies the philosophical postulates that underlie this field of study and shows their profound coherence and the practical consequences that follow from these postulates in the resolution of international disputes.
Download or read book Challenge and Disqualification of Arbitrators in International Arbitration written by Karel Daele and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this thoroughly researched study of the grounds and procedures involved in challenging an arbitrator, the author provides the first in-depth analysis of the pertinent rules, guidelines, and standards of all the major international arbitration tribunals, as well as relevant issues raised in national case law in the United States, France, England, Sweden and Switzerland. Among the matters addressed are the following: the arbitratorand’s duty to disclose and investigate conflicts of interest; the duty of the parties to investigate and inform the arbitrator of conflicts of interest; the formal and timing requirements of making a challenge; the challenge procedure and effect on the arbitral proceeding; the standard for disqualifying arbitrators; the consequences of a successful challenge; issues of independence giving raise to challenges, including multiple appointments, the arbitratorand’s relationship with a party/counsel in the arbitration and the relationship between the arbitratorand’s law firm and a party/counsel; issues of impartiality giving raise to challenges, including the membership of other tribunals, the conduct of the arbitration and the failure to disclose. In light of the continuing growth of international business and the manner in which it is conducted, this book will be of immeasurable practical value to parties in both business and government, as well as to international law firms and the arbitral community. As a detailed guide to evolving best practice and the general obligation to arbitrate in good faith, it has no peers.
Download or read book International Arbitration written by John Norton Moore and published by Martinus Nijhoff Publishers. This book was released on 2013-03-15 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration is a staple of international dispute resolution. Though the international community now has a plethora of courts and tribunals at its disposal, for numerous reasons international arbitration remains a central mechanism—perhaps even the central mechanism in third-party resolution of international commercial disputes. International Arbitration: Contemporary Issues and Innovations brings together some of the world’s most distinguished experts to examine important contemporary issues and trends in international arbitration. The volume offers a broad range of analysis beginning with current key procedural issues. Both Private and Public International Law are examined, including such topics as investor-state relations, arbitration in the law of the sea and human rights and investment arbitration.
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 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 Third Parties in International Commercial Arbitration written by Stavros Brekoulakis and published by OUP Oxford. This book was released on 2010-12-23 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Third Parties in International Commercial Arbitration addresses the role and the interests of third parties in international arbitration. Through a clear overview and in-depth critical commentary, the book explores existing case law and its related academic literature as well as offering an insight into more practical concerns.
