Search Results for "international-arbitration-law-and-practice"

International Arbitration

International Arbitration

Law and Practice

  • Author: Gary B. Born
  • Publisher: N.A
  • ISBN: 9789041166371
  • Category: Law
  • Page: 480
  • View: 6948
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International Arbitration: Law and Practice (Second Edition) provides a comprehensive coverage of the basic principles and legal doctrines, and the practice, of international arbitration. It contains a systematic and concise treatment of all aspects of the arbitral process, including international arbitration agreements, international arbitral proceedings and international arbitral awards. The book addresses both international commercial arbitration and the related fields of investment and state-to-state arbitration, and is essential reading for any student of international arbitration and any practitioner seeking a complete introduction to the field. Accolades for Gary B. Bornand’s International Commercial Arbitration (2009 and& 2nd ed. 2014), recipient of the American Society of International Lawand’s 2010 Certificate of Merit: and“An unparalleled book on the law, practice and theory of international commercial arbitration and… indispensable for both practitioners and academics.and” Professor Jack L. Goldsmith III, Harvard Law School and“Stunningly comprehensive, accessible, and bristling with insights: the definitive text on international arbitration.and” Professor Harold Hongju Koh, Yale Law School and“A monumental work of legal scholarship.and” Professor Campbell McLachlan, Victoria University of Wellington and“An extraordinary combination of both practical experience and academic analysis.and” Professor Dr. Daniel Girsberger, University of Lucerne

Arbitration Law and Practice in China

Arbitration Law and Practice in China

  • Author: Jingzhou Tao
  • Publisher: Kluwer Law International B.V.
  • ISBN: 9041127488
  • Category: Law
  • Page: 436
  • View: 9911
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Here in a revised and updated edition is a book that has been widely relied upon since 2003 by business people and their counsel with interests in China. Written by a foremost Chinese arbitration authority who is also an internationally-known arbitrator, Arbitration Law and Practice in China clearly shows that, despite obstacles, arbitration has emerged as the preferred method For The resolution of international commercial disputes with a Chinese party or parties. Covering all current legislative trends, The new edition focuses on those aspects of the applicable law, interpretation and implementation that have combined to produce a unique system of arbitration, often referred to as Arbitration with Chinese Characteristics. Both of the key international arbitration institutions, The China International Economic and Trade Arbitration Commission (CIETAC) And The China Maritime Arbitration Commission (CMAC) are described in depth. The author’s insightful approach highlights the following aspects of the subject and more: what is permitted and what is prohibited under the Arbitration Law; enforcement of foreign judgements in China and of Chinese judgements elsewhere; application of uniform procedural rules; measures to overcome local protectionism; effects of China’s most important bilateral investment treaties (BITs); arbitration-related interpretations of the Supreme People’s Court; forms of arbitration agreement; and substantive requirements of the arbitration agreement. With first-hand expert guidance on the actual handling of arbitration cases, recommended arbitration agreement clauses for numerous contingencies, case studies and comparative cases to elucidate the handling of specific issues, and abundant legal instruments for quick, direct reference To The relevant law– and an annex with English texts of the most important laws and regulations – this book offers all the details and insights a practitioner needs. While Arbitration Law and Practice in China is primarily a detailed, practical examination of Chinese arbitration practice and related laws, the book’s special significance to non-Chinese practitioners lies in its attention to the difference between Chinese arbitration And The prevailing practice in Western countries, particularly where such difference represents a significant divergence. For this reason it will be of great practical value to business people everywhere operating or seeking opportunities to partner with Chinese enterprises. it will also be useful to corporate counsel, arbitration institutions, and students of dispute resolution.

International Arbitration: Law and Practice in Switzerland

International Arbitration: Law and Practice in Switzerland

  • Author: Gabrielle Kaufmann-Kohler,Antonio Rigozzi
  • Publisher: Oxford University Press
  • ISBN: 0191669180
  • Category: Law
  • Page: 672
  • View: 9735
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This book expounds the theory of international arbitration law. It explains in easily accessible terms all the fundamentals of arbitration, from separability of the arbitration agreement to competence-competence over procedural autonomy, finality of the award, and many other concepts. It does so with a focus on international arbitration law and jurisprudence in Switzerland, a global leader in the field. With a broader reach than a commentary of Chapter 12 of the Swiss Private International Law Act, the discussion contains numerous references to comparative law and its developments in addition to an extensive review of the practice of international tribunals. Written by two well-known specialists - Professor Kaufmann-Kohler being one of the leading arbitrators worldwide and Professor Rigozzi one of the foremost experts in sports arbitration - the work reflects many years of experience in managing arbitral proceedings involving commercial, investment, and sports disputes. This expertise is the basis for the solutions proposed to resolve the many practical issues that may arise in the course of an arbitration. It also informs the discussion of the arbitration rules addressed in the book, from the ICC Arbitration Rules to the Swiss Rules of International Arbitration, the CAS Code, and the UNCITRAL Rules. While the book covers commercial and sports arbitrations primarily, it also applies to investment arbitrations conducted under rules other than the ICSID framework.

International Arbitration Law and Practice, Third Edition

International Arbitration Law and Practice, Third Edition

  • Author: Mauro Rubino-Sammartano
  • Publisher: Juris Publishing, Inc.
  • ISBN: 1937518159
  • Category: Law
  • Page: 2072
  • View: 785
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This third edition of International Arbitration Law and Practice has been largely enriched by covering international commercial arbitrations, investment treaty arbitrations, arbitrations between public bodies, between states and individuals, the UNCITRAL model law and Iran-US Tribunal proceedings as well as commodity arbitration, online arbitration and sports arbitral proceedings. International Arbitration Law and Practice, 3rd edition elaborates new concepts such as a definition of international arbitration based on procedural law (different from transnational law) and a doctrine (the tronc commun doctrine) to identify the applicable substantive law on disputes between parties belonging to different countries. It further suggests that a law of international arbitration has arisen from the various conventions and laws. Besides dealing with all the aspects of arbitration on a topic by topic basis, the writer presents a third generation arbitration which builds on analysis of major obstacles to a smooth running arbitration.International Arbitration Law and Practice, 3rd edition is a work that anyone involved in arbitral proceedings will find to be absolutely indispensable.

International Arbitration

International Arbitration

Law and Practice

  • Author: John Liddle Simpson,Hazel Fox
  • Publisher: N.A
  • ISBN: N.A
  • Category: Arbitration (International law)
  • Page: 330
  • View: 8534
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Law and Practice of International Commercial Arbitration

Law and Practice of International Commercial Arbitration

  • Author: Alan Redfern
  • Publisher: Sweet & Maxwell
  • ISBN: 9780421862401
  • Category: Arbitration and award, International
  • Page: 659
  • View: 4132
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Highly acclaimed by practitioners all over the world, Law & Practice of International Commercial Arbitration has deservedly become the leading text in its field. With its comprehensive review of the legal context within which international commercial arbitration operates, Redfern & Hunter is the ultimate user-friendly explanation of how arbitration, and in particular international commercial arbitration, works. The 4th edition has been expanded to give a wider global scope to the work. Readers can also benefit from the expert insight and advice of world-renowned international practitioners. international practitioner * Contains a comprehensive review of the international commercial arbitration process from start to finish * Includes commentary on suitable places of arbitration, developments in international trade law and the increasing harmonisation of national laws governing international arbitration * Appendices include the major international rules of arbitration and conventions * Explains how arbitration should be conducted to be cost effective and profitable * Fully updated to take account of the latest developments all over the world - including a new chapter on investment arbitrations

French Arbitration Law and Practice

French Arbitration Law and Practice

A Dynamic Civil Law Approach to International Arbitration

  • Author: Jean-Louis Delvolvé,Jean Rouche,Gerald H. Pointon
  • Publisher: Kluwer Law International B.V.
  • ISBN: 9041126902
  • Category: Law
  • Page: 364
  • View: 1714
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Previous edition, 1st, published in 2003.

Arbitration Law and Practice in Central and Eastern Europe

Arbitration Law and Practice in Central and Eastern Europe

  • Author: Christoph Liebscher,Alice A. Fremuth-Wolf
  • Publisher: Juris Publishing, Inc.
  • ISBN: 1929446950
  • Category: Arbitration and award
  • Page: 1760
  • View: 8906
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"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.

Arbitration Law of Austria

Arbitration Law of Austria

Practice and Procedure

  • Author: Stefan Riegler,Alexander Petsche,Alice Fremuth-Wolf,Christoph Liebscher
  • Publisher: Juris Publishing, Inc.
  • ISBN: 1933833076
  • Category: Arbitration and award
  • Page: 1044
  • View: 7869
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Arbitration Law of Austria, with over 800 pages of commentary and analysis, provides the reader in a "one-stop-shop" manner with a concise but comprehensive tool for understanding and conducting arbitrations under the Austrian Arbitration Act and the Vienna Rules. Austria has taken account of international developments and revised its law on arbitration. The new Arbitration Act, which is based on the UNCITRAL Model Law, entered into force on 1 July 2006. Arbitration Law of Austria: Practice and Procedure has been designed to be a reference book for arbitration practitioners and everyone who wants to familiarize themselves in depth with Austrian arbitration law and practice (including the "Vienna Rules"). It gives a concise introduction and provides a practical commentary to each section of the new Arbitration Act and each article of the Vienna Rules. Section by section the book analyzes which case law rendered under the old regime still applies and, for the first time, summarises Austrian case law in English. In addition, five topics of particular interest are covered in detail: arbitration agreements and third parties; confidentiality in arbitration; arbitrators' liability, enforcement and recognition of arbitral awards, and arbitration and bankruptcy.

The Principles and Practice of International Commercial Arbitration

The Principles and Practice of International Commercial Arbitration

  • Author: Margaret L. Moses
  • Publisher: Cambridge University Press
  • ISBN: 1107008786
  • Category: Law
  • Page: 372
  • View: 4270
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Explains how and why arbitration works, offering comprehensive coverage of basic requirements.

Pervasive Problems in International Arbitration

Pervasive Problems in International Arbitration

  • Author: Loukas A. Mistelis,Julian D. M. Lew
  • Publisher: Kluwer Law International B.V.
  • ISBN: 9041124500
  • Category: Law
  • Page: 391
  • View: 5249
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"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.

Cases and Materials on Arbitration Law and Practice

Cases and Materials on Arbitration Law and Practice

  • Author: Thomas E. Carbonneau
  • Publisher: Thomson West
  • ISBN: 9780314170729
  • Category: Law
  • Page: 837
  • View: 3304
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Recognized as the leading text on arbitration, Carbonneau's Cases and Materials reflects years of teaching arbitration at U.S. law schools and international law faculties, like McGill and Queen Mary College, London. The volume is a pioneering work. The Fourth Edition represents a complete make-over; it is clear, straightforward, and analytical. Coverage is comprehensive and cutting-edge: from the validity of agreements and awards to opt-in provisions, the action to clarify awards, and penalties for frivolous vacatur petitions. All forms of arbitration are treated. The materials explain basic concepts and emphasize the significance of contract freedom, arbitrability, and federal preemption.

The law and practice of arbitration

The law and practice of arbitration

  • Author: N.A
  • Publisher: N.A
  • ISBN: N.A
  • Category:
  • Page: N.A
  • View: 4683
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Competition and arbitration law

Competition and arbitration law

  • Author: Institute of International Business Law and Practice
  • Publisher: N.A
  • ISBN: N.A
  • Category: Law
  • Page: 351
  • View: 2915
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Law and Practice of Arbitration - Fifth Edition

Law and Practice of Arbitration - Fifth Edition

  • Author: Thomas E. Carbonneau
  • Publisher: Juris Publishing, Inc.
  • ISBN: 1937518361
  • Category: Law
  • Page: 730
  • View: 8682
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The Law and Practice of Arbitration is a comprehensive treatise about the development and practice of arbitration law in the United States. It addresses in detail the recourse to arbitration in domestic matters -- employment, labor, consumer transactions, and business -- and its use in the resolution of international commercial claims. It covers all of the major subject areas in the field and provides practical advice as well as an easy-to-read, clear discussion of the relevant case law. It represents a masterful synthesis of the entire body of arbitration law. It discusses basic concepts and doctrines, the FAA, freedom of contract in arbitration, arbitrability, the enforcement of awards, the use of arbitration in consumer and employment matters, institutional arbitration, and the drafting of arbitration agreements. It speaks of the federalization of the law and growing judicial objections to the use of adhesionary arbitration agreements in the consumer context, The volume represents the author's continuing in-depth reflection on the practical and systemic consequences of United States Supreme Court's decisional law on arbitration -- a process that is instrumental to the operation of the United States legal system as well as international business. The work continues its tradition of being the best statement on U.S. arbitration law and practice. The Law and Practice of Arbitration is a handy reference for all who have an interest in arbitration law and practice. The new Fifth Edition of Carbonneau’s treatise is built upon a comprehensive update of the federal circuit and U.S. Supreme Court cases on arbitration. The Introduction has been rewritten to take into account AT & T Mobility v. Concepcion and the American Express Merchants’ Litigation in the development of U.S. arbitration law. These decisions represent landmark USSC pronouncements on adhesive arbitration. The Introduction also contains a new section on the foundational legitimacy of arbitration in the U.S. legal system. The two landmark decisions are also incorporated into the text of Chapter 8 on the topic of adhesive arbitration. Chapter 9 on the award enforcement assesses the standing of Stolt-Nielsen in light of the Court’s recent decision in Sutter, asking whether this re-evaluation might be a de facto reversal of the earlier and highly unusual opinion. The assessment takes into account Justice Alito’s concurring opinion in Sutter. Chapter 10 on International Commercial Arbitration has undergone substantial rewriting and makes its various points more lucidly and effectively. This is also true of chapters 2, 3, and 5. Many footnotes have been perfected in form and content. The per curiam opinions---KPMG LLP v. Cocchi, Marmet Health Care v. Brown, and Nitro-Lift v. Howard---are all integrated into the text and fully assessed. The USSC’s decision in CompuCredit v. Greenwood is evaluated for its significance on the issue of Congressional intent to preclude arbitration. There are updates on how the courts define arbitration, the waiver of the right to arbitrate (in particular, the Ninth Circuit opinion in Richards v. Ernst & Young), the enforcement of arbitration agreement, with emphasis upon the curious Third Circuit decision on the matter in Guidotti, the latest adherents to the ill-conceived RUAA, the Ninth Circuit’s favorable response to AT&T Mobilty in Mortensen and Murphy, and an assessment of recent developments on the judicial imposition of penalties for frivolous vacatur actions. The treatise continues to be a highly contemporary and complete statement on the law of arbitration.

Arbitration of International Business Disputes

Arbitration of International Business Disputes

Studies in Law and Practice

  • Author: William W. Park
  • Publisher: OUP Oxford
  • ISBN: 0191634816
  • Category: Law
  • Page: 904
  • View: 8555
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Arbitration of International Business Disputes 2nd edition is a fully revised and updated anthology of essays by Rusty Park, a leading scholar in international arbitration and a sought-after arbitrator for both commercial and investment treaty cases. This collection focuses on controversial questions in arbitration of trade, financial, and investment disputes. The essays address some of the most interesting topics in cross-border business dispute resolution, many of which have endured over several decades and remain subject to radically different views. Examples include the proper role of judicial review, the allocation of jurisdictional tasks, evolution of arbitration's statutory and treaty framework, free trade and bilateral investment agreements, and the balance between fixed rules and arbitral discretion. The book is structured around three themes: arbitration's legal framework; the conduct of arbitral proceedings; and a comparison of arbitration in specific fields such as finance, intellectual property, and taxation. In each of these areas, analysis includes the tensions between fairness and efficiency, and the accurate application of substantive law as well as the implications of mandatory procedural norms. Augmented by more than a dozen new contributions and a revised introduction, this 2nd edition retains all of its earlier practical and scholarly relevance, and includes a Foreword by V. V. (Johnny) Veeder QC.

International Arbitration

International Arbitration

Commercial and Investment Treaty Law and Practice

  • Author: Elliot E. Polebaum
  • Publisher: N.A
  • ISBN: 9781588523914
  • Category: International commercial arbitration
  • Page: N.A
  • View: 4806
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For international business transactions, international arbitration is the dispute resolution mechanism of choice. While not without room for improvement, international commercial arbitration offers distinct advantages over litigating in the public courts of one's counterparty, including a neutral forum, control over the selection of arbitrators, and a final, enforceable and transportable award. Other advantages include relative confidentiality and the opportunity to tailor the proceedings to the needs of the parties. The book International Arbitration: Commercial and Investment Treaty Law and Practice by Elliot Polebaum explores the different facets and types of international arbitration agreements, including the consequences of what the parties have provided or failed to provide. The book also discusses the different stages of an arbitration proceeding, including initiation of the case, constitution of the tribunal, interim measures, discovery, pre-hearing submissions, the hearing on the merits, awards, and annulment and enforcement proceedings. The legal framework in which all of this transpires--international conventions, national arbitration laws, arbitration rules, and the business agreement between the parties--is also considered. Additionally, the book takes up the subject of investment treaty arbitration in detail. Foreign investors have a strong preference to resolve their investment disputes with States in a neutral arbitral forum rather than in the State's own courts. This book addresses the legal framework within which these investment treaty arbitrations take place, including discussion of the terms of investment treaties, and the jurisdiction and procedure of investment treaty arbitrations under the auspices of the International Centre for Settlement of Investment Disputes in particular. The book also explores the substantive grounds of investors' treaty claims against States, States' defenses and counterclaims, remedies, and annulment and enforcement of investment awards.