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International Arbitration in Korea

International Arbitration in Korea Author Joongi Kim
ISBN-10 0198755430
Release 2017-03-02
Pages 400
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International Arbitration in Korea provides a comprehensive introduction to more than 140 arbitral cases and commentaries in Korea and introduces the arbitration community to the jurisprudence and scholarship of this underappreciated but well developed jurisdiction. The book encompasses all the major current and historical arbitration cases in Korea alongside practical and scholarly commentary. In keeping with the growth of international arbitration in Asia, Korea is emerging as an alternative centre of arbitration and the number of international arbitration cases involving Korean parties is on the increase. The Korean Commercial Arbitration Board (KCAB) has reported growth in the number of international arbitrations seated in the region and South Korea's Arbitration Act, as well as KCAB's own International Rules, are both due to be revised in 2015. International Arbitration in Korea is both the first book in English to cover the most significant arbitration cases in Korea and the first to take account of these latest amendments. The book is an essential international arbitration resource and reference that will be attractive to academics, arbitrators, jurists, students, practitioners, in-house counsel, and researchers.



Arbitration Law of Korea

Arbitration Law of Korea Author Bae, Kim and Lee, LLC
ISBN-10 9781933833774
Release 2012-01-01
Pages 528
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The book is an analysis of commercial arbitration law and practice in South Korea, presenting in an accessible, yet comprehensive manner, the country’s arbitration law, the major Korean arbitration institution and its rules, relevant court rulings, etc. It includes a historical and legal overview and discussion of the rise and breadth of the use of commercial arbitration in Korea. Arbitration Law of Korea: Practice and Procedure covers all of the essential topics, including arbitration agreements, arbitral tribunals, arbitral awards, arbitration procedures, enforcement of awards, supportive roles played by the courts, etc. Arbitration Law of Korea: Practice and Procedure is up-to-date with recent amendments to the rules of the Korean Commercial Arbitration Board and also contains: (1) a new and improved, complete translation of the Arbitration Act and (2) both Korean and English versions of the 2011 amendments to the arbitration rules of the Korean Commercial Arbitration Board.



International Dispute Resolution

International Dispute Resolution Author A. J. van den Berg
ISBN-10 STANFORD:36105061970971
Release 1998-01-01
Pages 270
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ICCA's lively, successful 1996 Seoul Conference, hosted by the Korean Commercial Arbitration Board, addressed four questions: . Is there a growing international arbitration culture? . Is there an expanding culture that favours combining arbitration, conciliation, and/or other dispute resolution procedures? . To what extent do arbitrators in international cases disregard the bag & baggage of national systems? . When & where do national courts reflect an international culture when deciding issues relating to international arbitration? In ICCA's Congress Series, international experts, professionals, & practitioners in the field of arbitration examine the topic of the culture of international arbitration. This work includes text from Conference commentators. The comments & reports address such diverse topics as UNCITRAL's contribution to the international arbitration culture, the interaction of arbitration & mediation, & the development of an arbitration culture within the state judiciary in the Russian federation. The variety, timeliness, & global character of these papers make this book an informative resource for practitioners of arbitration, other forms of ADR, & litigation.



Injunctive Relief and International Arbitration

Injunctive Relief and International Arbitration Author Hakeem Seriki
ISBN-10 9781317685043
Release 2014-07-25
Pages 294
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This book explores from an English law and Institutional perspective the various types of injunctive relief that are available to a party before and during arbitral proceedings. In particular, this book examines the basis of the power of English Courts to grant such injunctions and explains when such injunctions will be granted. It considers any limitations attached to such injunctions and the relationship between section 44 of the Arbitration Act 1996 and section 37 of the Senior Courts Act 1981. It also provides an in-depth analysis of case law and the emerging trends in this area of arbitration, as well as the powers of arbitrators under the ICC and LCIA Rules to grant such relief and other remedies that might be available to a party seeking to uphold an arbitration agreement. This book will be a vital reference tool for practitioners, arbitrators and postgraduate students.



Asian Leading Arbitrators Guide to International Arbitration

Asian Leading Arbitrators  Guide to International Arbitration Author Michael Charles Pryles
ISBN-10 9781933833118
Release 2007-10-01
Pages 568
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The essays in this volume, prepared by a virtual “who’s who” of the leading arbitrators in Asia, present a unique insight into arbitration practices and procedures in the world’s largest and fastest growing region. This book offers thoughtful advice and insights into the world of international arbitration in Asia from some of the most prominent and experienced international arbitrators in the world. The contributors are arbitrators from Brunei Darussalam, China, Hong Kong, India, Indonesia, Japan, Korea, Malaysia, New Zealand, the Philippines, Singapore, United Kingdom and the USA. The contributors offer insights and advice on the way in which international arbitrations are carried out from the point of view of arbitrators reading pleadings and memorials and listening to witnesses and hearing arguments. The authors' discussions are intended to be thoughtful, insightful and useful - and perhaps, occasionally, iconoclastic. There may be instances in which the authors disagree with one another on certain points, for there are often many routes that can be taken to achieve a result. The book will be useful not only to persons who may serve as arbitrators in international arbitral proceedings but also to those who may, in their position as advocates, wish to persuade persons - including, perhaps, the authors.



Arbitration in Asia 2nd Edition

Arbitration in Asia   2nd Edition Author Michael J. Moser
ISBN-10 9781933833200
Release 2008-09-01
Pages 850
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Asia has witnessed an extraordinary growth in the use of international arbitration in the past two decades. Arbitration in Asia is an ideal reference to guide practitioners and business people in the proper selection of a suitable arbitral seat or jurisdiction in Asia. The book includes substantive chapters reflecting detailed commentary and analysis on 18 Asian jurisdictions from the area's leading arbitration practitioners and experts. The materials in this looseleaf volume provide a practical reference guide and resource tool for the law and practice of international commercial arbitration in Asia.



The Developing World of Arbitration

The Developing World of Arbitration Author Anselmo Reyes
ISBN-10 9781509910205
Release 2018-02-22
Pages 356
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The Developing World of Arbitration studies the recent emergence of Asia Pacific jurisdictions as regional or international arbitration centres, thanks to various reform efforts and initiatives. This book provides an up-to-date and comprehensive analysis of the ways in which arbitration law and practice have recently been reformed in Asia Pacific jurisdictions. Leading contributors across the Asia Pacific region analyse twelve major jurisdictions representing varying patterns and degrees of development, whether driven from top down, bottom up, or by some hybrid impetus. Setting the arbitration systems and reforms of each investigated jurisdiction in the context of its economic, political, and judicial dynamics, this book presents, for the first-time, a cross-jurisdiction comparative and contextual study of the developing world of arbitration in the Asia Pacific and contributes to comparative international arbitration literature from an Eastern perspective. It also aims to identify an Asia Pacific model of arbitration modernisation, one that may be distinct from a Western model, and predicts future trajectories of development and challenge in light of the ever increasing competition between Eastern- and Western-based arbitration centres. This edited collection will be an invaluable addition to the libraries of academics and practitioners in the field of international commercial arbitration.



Resolving Disputes in the Asia Pacific Region

Resolving Disputes in the Asia Pacific Region Author Shahla F. Ali
ISBN-10 9781136894350
Release 2010-10-18
Pages 168
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How diverse cultures approach conflict in the context of the integration of global markets is a new arena for research and practice. To date, most of the research on international arbitration has focused exclusively on Western models of arbitration as practiced in Europe and North America. While such studies have accurately reflected the geographic foci of international arbitration practice in the late twentieth century, the number of international arbitrations conducted in East Asia has recently been growing steadily and on par with growth in Western regions. Resolving Disputes in the Asia-Pacific Region presents empirical research about the attitudes and perceptions of over 115 arbitrators, judges, lawyers and members of the rapidly expanding arbitration community in China, Hong Kong, Korea, Japan, Singapore, and Malaysia as well as North America and Europe. The book covers both international commercial arbitration and "alternative" techniques such as mediation, providing an empirical analysis of how both types of dispute resolution are conducted in the East Asian context. The book examines the history and cultural context surrounding preferred methods of dispute resolution in the East Asian region and sheds light on the various approaches to international arbitration across these diverse regions. This book will be of great interest to students and scholars of international arbitration and dispute resolution, comparative and Asian law, as well as anyone dealing with potential conflict in international business relationships in East Asia.



Concise Arbitration

Concise Arbitration Author Mistelis
ISBN-10 9789041126092
Release 2010-05
Pages 1115
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Concise International Arbitration is part of Kluwer Law International's 'Concise' series. These publications have proven enormously valuable to busy practitioners who require a succinct, accessible and authoritative commentary on the most commonly-used instruments, unencumbered by dense legal argument. Each book in the series breaks down the relevant texts by article and by each paragraph of the article, followed by one or more notes. The intention is to give the reader a rapid appreciation of the meaning and effect of each provision and to point in the right direction should further information (e.g., case law) be needed.



International Arbitration Review

International Arbitration Review Author James H Carter
ISBN-10 9781912377718
Release 2017-09-19
Pages 592
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The International Arbitration Review, edited by James H Carter of Wilmer Cutler Pickering Hale and Dorr, provides an analytical review of what has occurred in each of the important arbitration jurisdictions during the past year, capturing recent developments and putting them in the context of the jurisdiction's legal arbitration structure and selecting the most important matters for comment. In this book, leading practitioners seek to provide current information on both general international commercial arbitration and international investment arbitration, treating important investor-state dispute developments in each jurisdiction as a separate but closely related topic. There are in-depth examinations of arbitration in 41 jurisdictions as well as editorial chapters on The Impact of Corporate Taxation on Economic Losses, and overviews on ASEAN and Africa. Contributors include: Bart Legum, Michelle Bradfield and Jean-Christophe Honlet, Dentons; James Nicholson, FTI Consulting."e;This new and timely publication promises to tackle pressing and present day global concerns and to make valuable contributions to the ongoing dialogue on international arbitration"e; - Peter Tomka, President, International Court of Justice, The Hague"e;Comprehensive and topical, an excellent reference."e; - Professor Christine Mallin, University of Birmingham Business School"e;The most discursive and engaging survey of the world of arbitration today."e; - Jamie Maples, Weil Gotshal & Manges LLP



International Arbitration in the United States

International Arbitration in the United States Author Laurence Shore
ISBN-10 9041150161
Release 2018-01-30
Pages 860
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International Arbitration in the United States is a comprehensive analysis of international arbitration law and practice in the United States (U.S.). Choosing an arbitration seat in the U.S. is a common choice among parties to international commercial agreements or treaties. However, the complexities of arbitrating in a federal system, and the continuing development of U.S. arbitration law and practice, can be daunting to even experienced arbitrators. This book, the first of its kind, provides parties opting for "private justice" with vital judicial reassurance on U.S. courts' highly supportive posture in enforcing awards and its pronounced reluctance to intervene in the arbitral process. What's in this book: With a nationwide treatment describing both the default forum under federal arbitration law and the array of options to which parties may agree in state courts under state international arbitration statutes, this book covers aspects of U.S. arbitration law and practice as the following: institutions and institutional rules that practitioners typically use; ethical considerations; costs and fees; provisional measures; and confidentiality. There are also chapters on arbitration in specialized areas such as class actions, securities, construction, insurance, and intellectual property. How this will help you: As a topical reach that gives a wide perspective on the practice of international arbitration in the U.S., this book helps practitioners to conduct and navigate an international arbitration in the U.S. confidently. The in-depth discussion of law of international arbitration, including legal framework applicable in the U.S. in each stage of arbitration, from drafting of arbitration agreements to enforcement of arbitration awards, has not been attempted by any other publication. This book, thus, serves as an invaluable resource to both U.S. and non-U.S. lawyers for conducting arbitration on U.S.



Litigation in Korea

Litigation in Korea Author Kuk Cho
ISBN-10 9781849805179
Release 2010-01-01
Pages 256
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Kuk Cho and his colleagues are to be heartily commended for masterfully advancing understanding of Korea s legal system through Litigation in Korea. In this impressive volume, Professor Cho and ten talented scholars from leading Korean universities explore the full spectrum of major forms of litigation in Korea, including civil, criminal, constitutional, administrative, and patent litigation. Foreign readers will be pleased to know that while the papers are well grounded doctrinally, several also deftly explore issues of law and society. Anyone interested in litigation in Korea will be very grateful for this fine volume. William Alford, Harvard Law School, US This is a path-breaking volume. Covering a wide range of topics in both public and private law litigation in Korea, the authors utilize both black letter and more theoretical approaches to provide a comprehensive overview of the law. The book will be required reading for anyone wanting to understand the Korean legal system today. Tom Ginsburg, Chicago Law School, US This informative book provides an overview of the law and judicial institutions pertaining to litigation in Korea, as well as a selection of important court decisions. Throughout Korea s democratization process, litigation has played a crucial role as an instrument to solve most of the challenging civic and social conflicts which in turn have ramifications in the nation s political, constitutional, societal and cultural domains. The expert contributors explore civil procedure, criminal procedure, constitutional adjudication, administrative litigation, and patent litigation in the Republic of Korea. As the first publication in the English language to provide a comprehensive picture of litigation in Korea, this book will appeal to scholars and post-graduate students in Asian studies, as well as lawyers dealing with Korea-related cases.



Pervasive Problems in International Arbitration

Pervasive Problems in International Arbitration Author Loukas A. Mistelis
ISBN-10 9789041124500
Release 2006
Pages 391
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In a three-day symposium held at the School of International Arbitration, Centre for Commercial Law Studies (CCLS), Queen Mary University of London, on the occasion of its twentieth anniversary in April 2005, a stellar array of practitioners and academics undertook the task of taking a fresh look at some of the persistent legal and practice issues of international arbitration. The conference and this book derived from it illustrate the combination of the scholarly and the highly practical which has characterised the mission of the School of International Arbitration since its establishment in 1985. These insightful papers demonstrate not only the increasing breadth and scope of the subject, but also the way in which many of its themes and issues cross legal and disciplinary boundaries and pose questions for the future of the law and arbitration practice in an internationalised world. These include: and• public policy; and• mandatory rules; and• confidentiality; and• provisional measures; and• res judicata; and• costs; and• amicus briefs; and• groups of companies; and• parallel proceedings; and and• anti-suit injunctions.



Comparative International Commercial Arbitration

Comparative International Commercial Arbitration Author Julian D. M. Lew
ISBN-10 9789041115683
Release 2003
Pages 953
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This treatise describes the practice of international commercial arbitration with reference to the major international treaties and instruments, arbitration rules and national laws. It provides an analysis of the interaction between party autonomy and arbitration practice.



International Commercial Arbitration

International Commercial Arbitration Author Simon Greenberg
ISBN-10 9781139494496
Release 2011-01-17
Pages
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There has been an exponential rise in the use of ICA for resolving international business disputes, yet international arbitration is a scarcely regulated, specialty industry. International Commercial Arbitration: An Asia Pacific Perspective is the first book to explain ICA topic by topic with an Asia Pacific focus. Written for students and practising lawyers alike, this authoritative book covers the principles of ICA thoroughly and comparatively. For each issue it utilises academic writings from Asia, Europe and elsewhere, and draws on examples of legislation, arbitration procedural rules and case law from the major Asian jurisdictions. Each principle is explained with a simple statement before proceeding to more technical, theoretical or comparative content. Real-world scenarios are employed to demonstrate actual application to practice. International Commercial Arbitration is an invaluable resource that provides unique insight into real arbitral practice specific to the Asia Pacific region, within a global context.



International Arbitration

International Arbitration Author Gary B. Born
ISBN-10 9041166378
Release 2015-12-17
Pages 480
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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



Compendium of International Commercial Arbitration Forms

Compendium of International Commercial Arbitration Forms Author Sigvard Jarvin
ISBN-10 9041185879
Release 2017
Pages 628
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Compendium of International Commercial Arbitration Forms is a collection of documents used in international commercial arbitration, both institutional and ad hoc. International arbitration of business disputes continues to rise dramatically. New people entering the international arbitration community from all continents require a systematic guide to draft the arbitration documents. In light of this, this book, first of its kind, provides with numerous practical examples of the documents involved in each step of an international arbitration proceeding taken from actual cases, under different arbitration rules and in different countries. This allows actual ready-to-adapt forms to be located quickly for any issue likely to arise and clearly illustrates the different drafting styles used in practice. What's in this book: In a single book, scores of documents are provided, including inter alia the following: request for arbitration; answer/counterclaim; claimant's reply to counterclaim; terms of reference; rules of procedure; timetable for submissions; procedural orders; written pleadings/statement of claim/defence; witness statements/depositions/affidavits; requests/orders for the production of documents/discovery; requests/orders on interim measures/security for costs; hearings; opening statement/closing statement; submissions on costs; awards/interim/partial/final/by consent; and requests/decisions on correction and interpretation of awards. Explanatory comments on more complex forms help to raise the readers' awareness on a specific issue or discussion. Emphasis throughout is on procedural aspects. How this will help you: No other book makes it so easy to find all the information necessary to prepare a case or take a decision in the context of international commercial arbitration. The readers can use these forms as such or adapt them taking into account the characteristics of their own cases and experiences. This compendium of forms thus answers the question of how to draft a form for a particular stage of arbitration. This book is of immeasurable value to corporate counsel, arbitrators and arbitration centres (especially newer ones in emerging markets), practitioners, lawyers and academics.