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Collection of ICC arbitral awards 2001 2007

Collection of ICC arbitral awards  2001 2007 Author Jean-Jacques Arnaldez
ISBN-10 9284200687
Release 2009
Pages 844
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Collection of ICC arbitral awards 2001 2007 has been writing in one form or another for most of life. You can find so many inspiration from Collection of ICC arbitral awards 2001 2007 also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Collection of ICC arbitral awards 2001 2007 book for free.



Enforceability of Multi Tiered Dispute Resolution Clauses

Enforceability of Multi Tiered Dispute Resolution Clauses Author Ewelina Kajkowska
ISBN-10 9781509910427
Release 2017-03-23
Pages 272
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This book analyses the contractual mechanisms requiring parties to exhaust a selected amicable dispute resolution procedure before proceedings in court or arbitration are initiated. It briefly explains the phenomenon of integrated dispute resolution, outlines ADR methods commonly used in multi-tiered clauses and presents the overview of standard clauses published by various ADR providers and professional bodies. The core of the analysis is devoted to the enforceability of multi-tiered clauses under the legal systems of England and Wales, Germany, France and Switzerland. It is essential reading for practitioners and academics working in this area.



Collection of ICC arbitral awards 1991 1995

Collection of ICC arbitral awards  1991 1995 Author Jean-Jacques Arnaldez
ISBN-10 9041104143
Release 1997
Pages 672
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The Collection of ICC Arbitral Awards 1991-1995 contains extracts of cases handled by the ICC Court of Arbitration, one of the world's most respected arbitral institutions. This most recent collection supplements two previous and successful volumes containing awards from the periods 1974-1985 and 1986-1990. This collection is a practical reference tool, containing three types of useful indexes incorporating information from all three volumes: For the first time, a consolidated analytical table, In both English and French, contains extensive cross-references based on the terminology used in awards and case notes A chronological index lists the awards and contains references to legal literature A key word index, also provided in both languages, allows the reader to locate the material of interest quickly and easily In addition to providing a wealth of information in a highly accessible manner, this book includes case notes and expert commentaries on the awards. This publication is an indispensable reference work for anyone interested in international arbitration and in the reasoning of international arbitrators on the interpretation and application of contractual clauses, international conventions, And The law of international trade. It is invaluable to both scholars and practitioners involved in the drafting and negotiation of international commercial contracts And The resolution of international commercial disputes.



The Resolution of International Investment Disputes

The Resolution of International Investment Disputes Author Mariel Dimsey
ISBN-10 9789077596524
Release 2008-01
Pages 251
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This work deals with the current state of investment dispute resolution and analyzes the problems associated with investor-state arbitration. The author examines developments in the existing legal framework and looks at the mechanisms under existing domestic and international systems â?? such as judicial review and class actions â?? to see if these can be applied to investment dispute resolution. The author concludes that the features of traditional arbitration are not flexible enough to meet the needs of this modern form of international dispute resolution. Investment arbitration is now entering a new phase of its development. The traditional, typically arbitration-related issues of consent, privity, and confidentiality are making room for the now more important questions of disclosure, transparency, legal certainty, and consistency. The author calls for setting up a "model procedure," specifically created for international investment disputes as this would enable the establishment of a "tailor-made" process for this ever-growing area of law.



French Arbitration Law and Practice

French Arbitration Law and Practice Author Jean-Louis Delvolvé
ISBN-10 9789041126900
Release 2009
Pages 364
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Increasingly, and to a greater degree than most national jurisdictions, France encourages and favours private arbitration as the normal and usual method for the resolution of disputes arising from international economic relations. In this new edition of the standard English-language work on French arbitration law and practice, the authors examine this trend as rules and practices developed in international arbitration have taken hold in French domestic arbitration and vice versa. Accordingly, the authors present the French arbitral process as one entire system of dispute resolution, which consists of various stages from the formation of the arbitration agreement to enforcement of the award, without dividing the subject into the formally distinct parts of domestic and international arbitration. The new edition highlights such features of this dynamic body of arbitration law as the following: characterization of international arbitration by French courts; cases which require decisions by a national court or authority; cases where inarbitrability arises from protection of the weaker party to a contract; cases where the decision sought would infringe a general rule of public policy; authority and duties of the arbitral tribunal; rights, obligations and liabilities of arbitrators; the time factor in the conduct of arbitral proceedings; tender and reception of evidence; substantive rules of law; the immediate effect and consequences of the arbitral award; order for enforcement of the award in France (exequatur); contesting orders of the juge de l'exequatur; grounds common to annulment of awards and refusal of enforcement; enforceability of awards pending challenge; enfocement of awards against states; and relationship of French Law with the New York Convention, 1958. At each stage the authors emphasize variations arising in international arbitration. The presentation also takes account, with comments at relevant points, of the influential 2006 Draft Reform of the Comité Français de l'Arbitrage. A highly useful annex reprints relevant French legislation with English translation, as well as the texts of major international arbitration conventions and an extensive bibliography. The objective of the book is to present a modern and efficient arbitration system, not only to readers who are encountering it for the first time, but also to those who, although well-versed in it, might benefit from a text in English, with the comparisons to common law provisions such an undertaking entails. Any practitioner or academic interested in the field of international arbitration and the enforcement of foreign awards will welcome this very useful and informative work.



Collection of ICC Arbitral Awards 2008 2011

Collection of ICC Arbitral Awards  2008 2011 Author Jean-Jacques Arnaldez
ISBN-10 9041149163
Release 2013
Pages 1027
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The Collection of ICC Arbitral Awards 1996-2000 contains extracts of cases handled by the ICC Court of Arbitration, one of the world's most respected arbitral institutions. This most recent collection supplements three previous and successful volumes containing awards from the periods 1974-1985, 1986-1990 and 1991-1995. This collection is a practical reference tool, containing three types of useful indexes incorporating information from all three volumes: - A consolidated analytical table, in both English and French, contains extensive cross-references based on the terminology used in awards and case notes; - A chronological index lists the awards - A key word index, also provided in both languages, allows the reader to locate the material of interest quickly and easily In addition to providing a wealth of information in a highly accessible manner, this book includes case notes and expert commentaries of the awards. This publication is an indispensable reference work for anyone interested in international arbitration and in the reasoning of international arbitrators on the interpretation and application of contractual clauses, international conventions, and the law of international trade. It is invaluable to both scholars and practitioners involved in the drafting and negotiation of international commercial contracts and the resolution of international commercial disputes.



Collection of ICC Arbitral Awards 1974 1985

Collection of ICC Arbitral Awards  1974 1985 Author Sigvard Jarvin
ISBN-10 NYPL:33433076444656
Release 1990
Pages 581
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This book provides a commentary on the UNCITRAL arbitration rules as applied by the Iran-U.S. Claims Tribunal. These UNCITRAL Rules are unique in origin as a result of contributions from representatives from various legal backgrounds, including those from developing countries. This book is a guide to the Tribunal's practice regarding the UNCITRAL Rules. It takes the form of an article-by-article commentary, describing the 'travaux preparatoires' some other Rules (ISS & LCIA) & the relevant Tribunal practice. The Tribunal's practice shows the flexibility, workability & completeness of the Rules.



Collection of ICC Arbitral Awards 1996 2000

Collection of ICC Arbitral Awards  1996 2000 Author Jean-Jacques Arnaldez
ISBN-10 9789041122056
Release 2003-01-01
Pages 617
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The Collection of ICC Arbitral Awards 1996 - 2000 contains extracts of cases handled by the ICC Court of Arbitration, one of the world's most respected arbitral institutions. This most recent collection supplements three previous and successful volumes containing awards from the periods 1974 ' 1985, 1986 ' 1990 and 11991 ' 1995. This collection is a practical reference tool, containing three types of useful indexes incorporating information from all three volumes: A consolidated analytical table, in both English and French, contains extensive cross-references based on the terminology used in awards and case notes A chronological index lists the awards and contains references to legal literature; and, A key word index, also provided in both languages, allows the reader to locate the material of interest quickly and easily. In addition to providing a wealth of information in a highly accessible manner, this book includes case notes and expert commentaries on the awards. This publication is an indispensable reference work for anyone interested in international arbitration and in the reasoning of international arbitrators on the interpretation and application of contractual clauses, international conventions, and the law of international trade. It is invaluable to both scholars and practitioners involved in the drafting and negotiation of international commercial contracts and the resolution of international commercial disputes.



Guerrilla Tactics in International Arbitration

Guerrilla Tactics in International Arbitration Author Günther J. Horvath
ISBN-10 9041140026
Release 2013
Pages 429
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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.



The Independence and Impartiality of ICSID Arbitrators

The Independence and Impartiality of ICSID Arbitrators Author Maria Nicole Cleis
ISBN-10 9004341471
Release 2017
Pages 292
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In The Independence and Impartiality of ICSID Arbitrators, Maria Nicole Cleis examines the standard of independence required under the ICSID Convention, as evidenced in existing disqualification decisions, and makes novel suggestions for reforms to ensure unbiased decision-making.



Guide to ICSID Arbitration

Guide to ICSID Arbitration Author Lucy Reed
ISBN-10 9789041134011
Release 2011
Pages 468
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This Guide to ICSID Arbitration, first published in 2004, was written by three leading ICSID arbitration practitioners in the eminent international law firm of Freshfields Bruckhaus Deringer to fill the gap in the literature between generic descriptions and detailed academic commentary. This second edition of the Guide takes account of the scores of ICSID awards and decisions rendered since 2004, as well as significant amendments to ICSID rules and practices. It provides a sufficiently detailed but still 'user-friendly' understanding of what ICSID arbitration is, when and how it can and should be used, and how an ICSID case works from start to finish. It offers potential and non-expert users of the ICSID regime - as well as those generally interested in investment treaty arbitration - the essentials of the ICSID Convention and of BITs and MITs, the various sets of rules, ICSID procedure, and the now considerable body of ICSID jurisprudence.



The Law of Damages in International Sales

The Law of Damages in International Sales Author Djakhongir Saidov
ISBN-10 9781847314598
Release 2008-09-17
Pages 322
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The book aims to explore the remedy of damages in international sales transactions. Its focus is on the international contract law instruments such as the Convention on Contracts for the International Sale of Goods (CISG), the UNIDROIT Principles of International Commercial Contracts, and the Principles of European Contract Law. The issues addressed in the book include: the basis for the right to claim damages, definition and purpose of damages, the idea of limiting damages, principles underlying the award of damages, classification of losses and heads of recoverable losses, causation, foreseeability, mitigation, standards of proving losses and methods of calculating and determining the amount of damages. The book draws on the experience of some major legal systems in dealing with contract damages as well as on the body of cases and scholarly writings on the international instruments. In doing so, the book attempts to provide a justification for the existing rules on damages, highlights the problems in their interpretation and application, and proposes solutions to the existing problems in the light of relevant policies and goals pursued by the international instruments. The work will be of interest to practitioners involved in international commercial transactions, scholars and students interested in international commercial and comparative contract law.



Arbitration Advocacy in Changing Times

Arbitration Advocacy in Changing Times Author A. J. van den Berg
ISBN-10 9789041133663
Release 2011
Pages 472
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Advocacy in international arbitration is the focus of this collection of articles emanating from the twentieth Congress of the International Council for Commercial Arbitration (ICCA) held in Rio de Janeiro in 2010. The topics addressed by renowned a



The Secretariat s Guide to ICC Arbitration

The Secretariat s Guide to ICC Arbitration Author Jason Fry
ISBN-10 9284201365
Release 2012
Pages 506
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The Secretariat s Guide to ICC Arbitration has been writing in one form or another for most of life. You can find so many inspiration from The Secretariat s Guide to ICC Arbitration also informative, and entertaining. Click DOWNLOAD or Read Online button to get full The Secretariat s Guide to ICC Arbitration book for free.



Handbook of ICC Arbitration

Handbook of ICC Arbitration Author Thomas H. Webster
ISBN-10 9780414044630
Release 2014
Pages 974
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Handbook of ICC Arbitration provides expert analysis of the whole process of using and adhering to the ICC Arbitration Rules. It examines close up the diverse issues that can occur during an arbitration and hosts essential information related to arbitration on an international level with reference to published and unpublished awards and procedural orders, as well as to many decisions of national courts.



Drafting and Negotiating International Commercial Contracts

Drafting and Negotiating International Commercial Contracts Author Fabio Bortolotti
ISBN-10 904112859X
Release 2009-02-18
Pages 474
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Drafting an international contract can be a risky business. Yet with the increasing globalization of markets, these cross-border contracts are becoming a common practice for most traders, as well as for the lawyers assisting them. At the same time, international contracts remain a difficult and mysterious subject for business people as well as their lawyers. In his new book, Drafting and Negotiating International Commercial Contracts, Professor Fabio Bortolotti, a world-renowned expert on contract law, clarifies the issues surrounding these contracts and provides solutions to the thorny problems they raise: choice of the applicable law choice of jurisdiction international arbitration the use of more international drafting techniques hardship, force majeure and liquidated damages As an added feature, this volume provides insights into the basic requirements of a well-drafted contract and analyzes in depth the negotiating process. It concludes with incisive commentary on the model contracts developed by the International Chamber of Commerce. Lawyers and other legal professionals will find in these pages the tools they need to ensure their contracts meet the requirements of a globalized world.



Commercial Agency Franchise and Distribution Contracts

Commercial Agency  Franchise and Distribution Contracts Author Martijn W. Hesselink
ISBN-10 9783866537071
Release 2006-01-01
Pages 413
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The rules presented in this volume of "Principles of European Law" deal with commercial agency, franchise and distribution contracts, and with other contracts where one party uses the other party's skill and efforts to bring its products to the market. Although these Principles are not directly applicable to other long-term (commercial) contracts, some of the Articles may be applied to such contracts by way of analogy where appropriate. The economic function of all three contracts is that they are instrumental in bringing products to the market. They are so-called vertical agreements, as they are agreements between economic actors on different levels in the production and distribution chain. Obviously, the economic importance of these contracts is enormous since they form the connection between producers and retailers who sell the products to consumers and other final users. There are only very few economic sectors where producers regularly sell their products directly to final consumer users. Goodwill compensation after the ending of a distribution contract, the moment at which the agent's commission is due, the franchisor's obligation to maintain the good reputation of the network are but a few examples of issues where specific rules are needed in order to give legal practice some guidance and to provide practitioners with a reasonable degree of legal certainty.