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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



International Arbitration Law and Practice Third Edition

International Arbitration Law and Practice  Third Edition Author Mauro Rubino-Sammartano
ISBN-10 9781937518158
Release 2014-01-01
Pages 2072
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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 Law and Practice in Switzerland

International Arbitration  Law and Practice in Switzerland Author Gabrielle Kaufmann-Kohler
ISBN-10 9780191669187
Release 2015-10-22
Pages 672
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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.



Singapore International Arbitration

Singapore International Arbitration Author David Joseph
ISBN-10 9814798223
Release 2018
Pages 886
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Singapore International Arbitration has been writing in one form or another for most of life. You can find so many inspiration from Singapore International Arbitration also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Singapore International Arbitration book for free.



Arbitration Law and Practice in China

Arbitration Law and Practice in China Author Jingzhou Tao
ISBN-10 9789041127488
Release 2008
Pages 436
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The new rules of the China International Economic and Trade Arbitration Commission (CIETAC) that came into effect on 1 May 2012 are widely recognized as the full commitment of the Chinese government to the international arbitration system. Clarifications of the scope of the Arbitration Law to include contractual disputes, disputes over rights and interests in property, and disputes between legal persons and other organizations, as well as the firm establishment of the arbitration agreement as the sole and exclusive basis for founding the jurisdiction of an arbitral tribunal, greatly allay any residual apprehension on the part of foreign investors. This third edition of a book that has been widely relied upon since 2003 by business people and their counsel with interests in China is the first publication to offer comprehensive and authoritative coverage of the CIETAC Rules 2012. In addition to the matchless features for which earlier editions are so greatly valued - such as in-depth coverage of enforcement of foreign judgements in China and of Chinese judgements elsewhere, measures to overcome local protectionism, effects of China's most important bilateral investment treaties (BITs), and arbitration-related interpretations of the Supreme People's Court - the new edition highlights such aspects of the CIETAC Rules 2012 as the following: the new mechanism of consolidation of arbitrations; power to grant interim measures via the forms of procedural orders or interim awards; procedure of suspension of arbitration; conservator measures; interlocutory award and partial award; combining conciliation with arbitration; and expedited process under a new summary procedure. 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, 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 Third Edition's special significance lies in its thorough and timely coverage of the CIETAC Rules 2012. For this reason especially 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.



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.



The Principles and Practice of International Commercial Arbitration

The Principles and Practice of International Commercial Arbitration Author Margaret L. Moses
ISBN-10 9781108184137
Release 2017-04-06
Pages
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Arbitration has become the dispute resolution method of choice in international transactions. This book provides the reader with immediate access to understanding the world of international arbitration, explaining how and why arbitration works. It provides the legal and regulatory framework for international arbitration, as well as practical strategies to follow and pitfalls to avoid. It is short and readable, but comprehensive in its coverage of the basic requirements, including the most recent changes in arbitration laws, rules, and guidelines. The third edition includes new sections on state to state arbitration, the role and power of the arbitrator, reform efforts in international investment treaties, transparency in international arbitration and third party funding. In the book, the author includes insights from numerous international arbitrators and counsel, who tell firsthand about their own experiences of arbitration and their views of best practices. Throughout the book, the principles of arbitration are supported and explained by the practice, providing a concrete approach to an important means of resolving disputes.



Law and Practice of International Commercial Arbitration

Law and Practice of International Commercial Arbitration Author Alan Redfern
ISBN-10 0421862408
Release 2004
Pages 659
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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



Law and Practice of Arbitration Fifth Edition

Law and Practice of Arbitration   Fifth Edition Author Thomas E. Carbonneau
ISBN-10 9781937518363
Release 2014-02-01
Pages 730
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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.



International Arbitration

International Arbitration Author Elliot E. Polebaum
ISBN-10 1588523918
Release 2016-06-28
Pages
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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.



Arbitration of International Business Disputes

Arbitration of International Business Disputes Author William W. Park
ISBN-10 9780191634819
Release 2012-09-20
Pages 904
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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.



Arbitration Law and Practice in Central and Eastern Europe

Arbitration Law and Practice in Central and Eastern Europe Author Christoph Liebscher
ISBN-10 9781929446957
Release 2006
Pages 1760
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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.



Law and Practice of International Arbitration in the CIS Region

Law and Practice of International Arbitration in the CIS Region Author Kaj Hobér
ISBN-10 9041167013
Release 2017-08-24
Pages 648
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Law and Practice of International Arbitration in the CIS Region



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.



Arbitration in China

Arbitration in China Author Kun Fan
ISBN-10 9781782250739
Release 2013-02-11
Pages 366
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In the context of harmonisation of arbitration law and practice worldwide, to what extent do local legal traditions still influence local arbitration practices, especially at a time when non-Western countries are playing an increasingly important role in international commercial and financial markets? How are the new economic powers reacting to the trend towards harmonisation? China provides a good case study, with its historic tradition of non-confrontational means of dispute resolution now confronting current trends in transnational arbitration. Is China showing signs of adapting to the current trend of transnational arbitration? On the other hand, will Chinese legal culture influence the practice of arbitration in the rest of the world? To address these challenging questions it is necessary to examine the development of arbitration in the context of China's changing cultural and legal structures. Written for international business people, lawyers, academics and students, this book gives the reader a unique insight into arbitration practice in China, based on a combination of theoretical analysis and practical insights. It explains contemporary arbitration in China from an interdisciplinary perspective and with a comparative approach, setting Chinese arbitration in its wider social context to aid understanding of its history, contemporary practice, the legal obstacles to modern arbitration and possible future trends. In 2011 the thesis on which this book was based was named 'Best Thesis in International Studies' by the Swiss Network for International Studies. "What distinguishes this work from other books on international arbitration is its interdisciplinary perspective and comparative approach...this book makes a remarkable contribution to the understanding of arbitration in China and transnational arbitration in general. Academics, scholars and students of international arbitration, comparative studies and globalisation may all find this book stimulating. It also provides useful guidance for practitioners involved or interested in arbitration in China.?? From the Foreword by Gabrielle Kaufmann-Kohler



International Commercial Arbitration

International Commercial Arbitration Author Gary Born
ISBN-10 9041152199
Release 2014
Pages 4260
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V.3: " ... provides a detailed discussion of the issues arising from international arbitration awards. It includes chapters covering the form and contents of awards; the correction, interpretation and supplementation of awards; the annulment and confirmation of awards; the recognition and enforcement of arbitral awards; and issues of preclusion, lis pendens and staredecisis."--Descripción del editor.



International Arbitration

International Arbitration Author Gary B. Born
ISBN-10 9781454860259
Release 2015-03-12
Pages 1368
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This important casebook is based upon one of the leading books in the field Born's treatise, International Commercial Arbitration. It offers a comprehensive approach to international commercial arbitration (focused on the New York Convention and UNCITRAL Model Law), while providing comparative examples drawn from state-to-state and investment arbitration. An easy-to-use chronological structure follows the course of an international arbitration. Features: Thoroughly revised to reflect amendments to UNCITRAL Rules, ICC Rules and other institutional arbitration rules New sections addressing IBA Guidelines on Party Representation in International Arbitration Revised to reflect amendments to representative national arbitration legislation in France, Singapore and elsewhere Streamlined excerpts of cases and awards; added excerpts of new arbitral awards on selected topics.