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Competence Competence in the Face of Illegality in Contracts and Arbitration Agreements

Competence Competence in the Face of Illegality in Contracts and Arbitration Agreements Author Richard H. Kreindler
ISBN-10 9789004257559
Release 2013-08-16
Pages
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Also available as an e-book Competence-competence and corruption have, for different reasons, been mainstays of international dispute resolution thought and practice for the longest time. In the last few years, their intersection has become increasingly important and problematic. These lectures seek to define the problem and to provide acceptable solutions where possible. They attempt to derive support from both a stringent dogmatic approach and pragmatic attention to real-life expectations and conduct. More so than in other areas of private international law, the intersection between the powers of the arbitrator and the illegality of the subject matter or the parties’ conduct poses a particular challenge. That challenge is to postulate proper solutions under the law, including principles of transnational or international law, to conduct which can take on a multiplicity of appearances owing to conflicting cultural understandings of what is and is not legal in commercial life. The statement that bribery and corruption offend transnational or international public policy does not relieve the arbitrator from the burden of scrutinizing that statement doctrinally and exploring its consequences in a period of ever-increasing globalization of economic activity and investment.



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 British National Bibliography

The British National Bibliography Author Arthur James Wells
ISBN-10 UOM:39015057956560
Release 2004
Pages
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The British National Bibliography has been writing in one form or another for most of life. You can find so many inspiration from The British National Bibliography also informative, and entertaining. Click DOWNLOAD or Read Online button to get full The British National Bibliography book for free.



International Books in Print

International Books in Print Author
ISBN-10 UOM:39015046822667
Release 1994
Pages
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International Books in Print has been writing in one form or another for most of life. You can find so many inspiration from International Books in Print also informative, and entertaining. Click DOWNLOAD or Read Online button to get full International Books in Print book for free.



Books in Print 1996 97

Books in Print 1996 97 Author R R Bowker Publishing
ISBN-10 0835237869
Release 1996
Pages
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Books in Print 1996 97 has been writing in one form or another for most of life. You can find so many inspiration from Books in Print 1996 97 also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Books in Print 1996 97 book for free.



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 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.



Reports of International Arbitral Awards

Reports of International Arbitral Awards Author United Nations
ISBN-10 9210330897
Release 2005-03
Pages 296
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This is the 23rd volume in the series of reports on awards in international arbitration cases between States or between a State and an international organisation. It contains details of three cases relating to: i) the Southern Bluefin Tuna cases between New Zealand and Japan, and between Australia and Japan; ii) the dispute concerning access to information under article 9 of the OSPAR Convention between Ireland and the UK; and iii) the case concerning private individuals (former shareholders) and the Bank for International Settlements. The publication does not usually cover awards between a private individual or body and a State or international organisation, however the latter award is included as it addresses issues of general international law.



Sports Arbitration A Coach for Other Players ASA Special Series No 41

Sports Arbitration  A Coach for Other Players   ASA Special Series No  41 Author Elliott Geisinger
ISBN-10 9781937518486
Release 2015-02-01
Pages 372
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Sports Arbitration: A Coach for Other Players? is not about sports arbitration. The reader may thus ask: Well, what is it about? Arbitration can take inspiration from other human activities, for instance sports. Does it follow that arbitration in general can take inspiration from sports arbitration? Can sports arbitration serve as an example, be it for better or worse? And if so, what are the limits of this? These questions are highly topical in today's world of arbitration. Faced with the increased duration and costs of arbitral proceedings, and with the perception that litigators instead of business people have taken over the process, more and more users are calling for a return to fast, inexpensive forms of dispute resolution that are conducted by persons of the trade. This has resulted in a series of initiatives to introduce trade-specific forms of dispute resolution based on fast-track arbitration proceedings in a wide range of business sectors.



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.



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.



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.



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.



Secession

Secession Author Marcelo G. Kohen
ISBN-10 0521849284
Release 2006-03-21
Pages 510
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A comprehensive study of secession from an international law perspective.



Professional Ethics at the International Bar

Professional Ethics at the International Bar Author Arman Sarvarian
ISBN-10 9780191668838
Release 2013-09-26
Pages 336
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Over the past twenty years, the volume of international litigation and arbitration has increased exponentially. As the number of new international courts and tribunals has proliferated, the diversity and volume of advocates appearing before the international courts has also increased. With this increase, the ethical standards that apply to counsel have become a growing field of interest to practitioners of public international law. Problems threatening the integrity of the international judicial process and concerns about divergent ethical standards amongst counsel have multiplied in the international judicial system, prompting early attempts by senior members of the 'international bar' to articulate common ethical standards. Professional Ethics at the International Bar examines the question of how to articulate common ethical standards for counsel appearing before international courts and tribunals, and the legal powers and practical ability of international courts to prescribe and enforce such standards. It conducts original research into both the theory and practice of the issues arising from this nascent process of professionalization. Using various sources, including interviews with judges, registrars, and senior practitioners, it argues that the professionalization of advocacy through the articulation of common ethical standards is both desirable and feasible in order to protect the integrity and fairness of the international judicial process.



The Doctrine of Res Judicata Before International Commercial Arbitral Tribunals

The Doctrine of Res Judicata Before International Commercial Arbitral Tribunals Author Silja Schaffstein
ISBN-10 0198715617
Release 2016-03-01
Pages 352
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Structured in two parts, part one examines the doctrine of res judicata in domestic and international litigation whilst part two determines whether and how the res judicata doctrine may be applied by international commercial arbitral tribunals. Dr Schaffstein identifies situations in which res judicata issues are likely to arise before international commercial arbitral tribunals and provides serviceable solutions. The book presents the keyfeatures of the doctrine of res judicata in the laws of England, the United States, France, and Switzerland, i.e. major representatives of the common law system on the one hand and the civil law system on the other hand.The book also presents the doctrine of res judicata in the context of private international law, alongside its crucial aspects and application in public international law by international courts and tribunals.



Comparative Law of International Arbitration

Comparative Law of International Arbitration Author Jean-François Poudret
ISBN-10 9780421932104
Release 2007
Pages 952
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This new and updated English language edition of an acclaimed French language text guides practitioners through the international arbitration process from beginning to end. It covers each step of arbitral procedure, from the conclusion of the arbitration agreement to the enforcement of the arbitral award, from a comparative standpoint, helping practitioners decide which jurisdiction / institution's rules they wish to be bound by. beginning, middle and end of an international commercial arbitration; compares the rules in each of the major arbitration jurisdictions at each stage of the process; pinpoints strengths and weaknesses of arbitration in each jurisdiction; supplies detailed advice on topics such as the arbitration agreement, how to progress a case, the award and enforcement of the award; reproduces a comprehensive selection of comparative materials, drawn from the UNCITRAL and UN texts, as well as national legislation from Sweden, Belgium, Germany, England, Italy, Holland, France and Switzerland; and features materials on the form and content of arbitral deliberations not normally available in the public domain.