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The Transformation of Arbitration in Africa

The Transformation of Arbitration in Africa Author Emilia Onyema
ISBN-10 9041167293
Release 2016-09-01
Pages 248
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The Transformation of Arbitration in Africa offers an in-depth analysis of the role arbitration centres based in African cities play throughout the continent. Given the dynamic growth of African economies and the expansion of cross-border trade and commerce, the need for readily accessible African arbitral institutions has become increasingly urgent. Accordingly, this book defines and recommends ways in which these institutions can emerge as a major and indispensable factor in the growth and development of commerce in Africa. The book was inspired by an arbitration conference hosted by the African Union Commission at its headquarters in Addis Ababa in July 2015. What's in this book: Among the issues and topics covered are the following: types of arbitration institutions available in Africa; viability and sustainability of these institutions; institutions' relationship with government; quality of service; performance of arbitration institutions in their respective countries and regions; national laws that regulate arbitration in Africa's fifty-four states; extent of collaboration with foreign institutions; provision of functional facilities, transcription services, hearing rooms, document handling, and managerial and translation services; marketing activities and strategies; mending the disconnect between Francophone and Anglophone countries; role of the Common Court of Justice and Arbitration (CCJA); and necessity of overcoming foreign negative perceptions and bias. Administrators of arbitration institutions from a variety of African countries offer insightful appraisals and suggestions directed towards promoting the development and delivery of efficient, effective arbitration services to users across the continent. This book critically examines the current state of arbitration institutions in Africa, thereby developing an understanding of the gaps in current arbitral practice in Africa. How this will help you: As a contribution to the discussion of the role arbitration and arbitration institutions can play in transforming the legal landscape in African countries for the resolution of commercial disputes - indeed, the entire discourse on legal efficiency and access to justice in African countries -, this book will prove invaluable to practitioners and academics in international commercial arbitration within and beyond the continent. Its emphasis on the creation of a facilitative, supportive, and conducive cultural and infrastructural environment as a mechanism for commercial dispute resolution in Africa, and for the practice of arbitration in Africa, will appeal to in-house counsel, external legal advisors, consultants, arbitral institutions, arbitrators, and government policymakers.



Ending Africa s Energy Deficit and the Law

Ending Africa s Energy Deficit and the Law Author Yinka Omorogbe
ISBN-10 9780192551733
Release 2018-02-22
Pages 431
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With the inclusion of access to energy in the sustainable development goals, the role of energy to human existence was finally recognized. Yet, in Africa, this achievement is far from realized. Omorogbe and Ordor bring together experts in their fields to ask what is stalling progress, examining problems from institutions catering to vested interests at the continent's expense, to a need to develop vigorous financial and fiscal frameworks. The ramifications and complications of energy law are labyrinthine: this volume discusses how energy deficits can burden disabled people, women, and children in excess of their more fortunate counterparts, as well as considering environmental issues, including the delicate balance between the necessity of water for drinking and cleaning and the use of water in industrial processes. A pivotal work of scholarship, the book poses pressing questions for energy law and international human rights.



The Transformation of Arbitration in Africa

The Transformation of Arbitration in Africa Author Michael Pavone
ISBN-10 198414720X
Release 2017-11-15
Pages 394
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The Transformation of Arbitration in Africa offers an in-depth analysis of the role arbitration centres based in African cities play throughout the continent. Given the dynamic growth of African economies and the expansion of cross-border trade and commerce, the need for readily accessible African arbitral institutions has become increasingly urgent. Accordingly, this book defines and recommends ways in which these institutions can emerge as a major and indispensable factor in the growth and development of commerce in Africa.



The Liability of Arbitral Institutions Legitimacy Challenges and Functional Responses

The Liability of Arbitral Institutions  Legitimacy Challenges and Functional Responses Author Barbara Alicja Warwas
ISBN-10 9789462651111
Release 2016-11-15
Pages 383
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This book offers an innovative approach to the topic of liability in international arbitration, a controversial topic that has heretofore not been fully explored in the scholarship. Arbitral institutions have recently emerged as powerful actors with new functions in and outside arbitration processes. The author proposes to shift the debate on liability from arbitrators to the arbitral institutions. The book re-evaluates the orthodox understanding of the status, functions, and responsibility of arbitral institutions and is recommended for arbitration scholars, practitioners, and students. It is argued that the current regulations regarding liability are inadequate given both the contractual obligations and the emerging public function of arbitral institutions and that institutional arbitral liability is therefore necessary. The book also links the contemporary functions of arbitral institutions to recent debates regarding legitimacy challenges in international commercial arbitration. Responding to these challenges, a model of institutional contractual liability is proposed that invites arbitral institutions to proactively regulate the scope of their liability.



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



Arbitration in Africa

Arbitration in Africa Author Lise Bosman
ISBN-10 9041135200
Release 2013
Pages 491
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This unprecedented volume assembles for the first time a country-by-country analysis - both practical and insightful - of how arbitration is conducted in 46 African countries, providing essential information about legislative provisions, treaty adherence, and arbitral procedure. Contributors include current and former judges, distinguished practitioners, academics, and institution-builders, all of whom are active in promoting the use of arbitration as a viable means of dispute resolution in Africa.



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.



The Culture of International Arbitration

The Culture of International Arbitration Author Won L. Kidane
ISBN-10 9780199973927
Release 2017-03-24
Pages 352
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Although international arbitration has emerged as a credible means of resolution of transnational disputes involving parties from diverse cultures, the effects of culture on the accuracy, efficiency, fairness, and legitimacy of international arbitration is a surprisingly neglected topic within the existing literature. The Culture of International Arbitration fills that gap by providing an in-depth study of the role of culture in modern day arbitral proceedings. It contains a detailed analysis of how cultural miscommunication affects the accuracy, efficiency, fairness, and legitimacy in both commercial and investment arbitration when the arbitrators and the parties, their counsel and witnesses come from diverse legal traditions and cultures. The book provides a comprehensive definition of culture, and methodically documents and examines the epistemology of determining facts in various legal traditions and how the mixing of traditions influences the outcome. By so doing, the book demonstrates the acute need for increasing cultural diversity among arbitrators and counsel while securing appropriate levels of cultural competence. To provide an accurate picture, Kidane conducted interviews with leading international jurists from diverse legal traditions with first-hand experience of the complicating effects of culture in legal proceedings. Given the insights and information on the rules and expectations of the various legal traditions and their convergence in modern day international arbitration practice, this book challenges assumptions and can offer a unique and useful perspective to all practitioners, academics, policy makers, students of international arbitration.



Foucahrd Gaillard Goldman on International Commercial Arbitration

Foucahrd Gaillard Goldman on International Commercial Arbitration Author Philippe Fouchard
ISBN-10 9789041110251
Release 1999-09-02
Pages 1280
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This exhaustive treatise provides an in-depth analysis of the law and practice of international commercial arbitration, highlighting the worldwide movement towards an autonomous legal regime, free of the constraints of national law and of the law of the place of arbitration in particular. As well as exploring the application and the influence of the first modem arbitration statutes, enacted in France, the Netherlands and Switzerland in the 1980s, detailed consideration is given to the 1985 UNCITRAL Model Law, to recent arbitration legislation now in force in England, Germany, Belgium and Sweden, and to the new arbitration rules of the AAA, ICC and LCIA.



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.



International Arbitration and Global Governance

International Arbitration and Global Governance Author Walter Mattli
ISBN-10 9780191026133
Release 2014-07-17
Pages 272
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Most literature on international arbitration is practice-oriented, technical, and promotional. It is by arbitrators and largely for arbitrators and their clients. Outside analyses by non-participants are still very rare. This book boldly steps away from this tradition of scholarship to reflect analytically on international arbitration as a form of global governance. It thus contributes to a rapidly growing literature that describes the profound economic, legal, and political transformation in which key governance functions are increasingly exercised by a new constellation that include actors other than national public authorities. The book brings together leading scholars from law and the social sciences to assess and critically reflect on the significance and implications of international arbitration as a new locus of global private authority. The views predictably diverge. Some see the evolution of these private courts positively as a significant element of an emerging transnational private legal system that gradually evolves according to the needs of market actors without much state interference. Others fear that private courts allow transnational actors to circumvent state regulation and create an illegitimate judicial system that is driven by powerful transnational companies at the expense of collective public interests. Still others accept that these contrasting views serve as useful starting points of an analysis but are too simplistic to adequately understand the complex governance structures that international arbitration courts have been developing over the last two decades. In sum, this book offers a wide-ranging and up-to-date analytical overview of arguments in a vigorous nascent interdisciplinary debate about arbitration courts and their exercise of private governance power in the transnational realm. This debate is generating fascinating new insights into such central topics as legitimacy, constitutional order and justice beyond classical nation state institutions.



Arbitration in Africa

Arbitration in Africa Author Eugene Cotran
ISBN-10 STANFORD:36105060164949
Release 1996
Pages 467
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Arbitration in Africa contains the edited and, where applicable, updated papers of the inaugural conference of the Pan African Council of the London Court of International Arbitration, held in Nairobi, Kenya on 7-8 December, 1994. This title is the first to focus attention on the role and development of arbitration within Africa and provides the reader with details of the laws of arbitration in a wide variety of African countries. Part One contains a general overview of international commercial arbitration worldwide. the remainder of the book focuses on arbitration within nations throughout Commonwealth Africa (East, West, Central and Southern), Arab North Africa and Francophone Africa. Issues raised include the historical background of arbitration in the various African states, the status and development of arbitration, challenges to arbitration, as well as regional and international arbitration legislation and institutions. Appendix One contains the text of the laws of those African countries which have adopted the UNCITRAL Model Law. Appendix Two provides a list of African countries which are party to the New York Convention of 1958, the Convention on the Settlement of Investment Disputes (ICSID) of 1965 and the Convention establishing the Multilateral Investment Guarantee Agency (HISA) of 1985. The contributors to this volume are all highly experienced in the field of international arbitration and arbitration law in Africa. the work includes a foreword by Lord Mustill. This title is of interest to arbitrators practising in, or involved with Africa, to investors and business people with interests in the region, and to those interested in arbitration generally.



China Africa Dispute Settlement

China Africa Dispute Settlement Author Won Kidane
ISBN-10 9041136746
Release 2012
Pages 591
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This book has three fundamental objectives: (1) charting the existing mechanisms of dispute resolution in all aspects of China-Africa economic relations; (2) evaluating the existing mechanisms of dispute resolution in light of the parties' economic and cultural profiles and their evolving legal traditions; and (3) proposing a comprehensive institutional model of dispute resolution that accounts for China and Africa's evolving economic needs and legal cultures.



A Manual of International Dispute Resolution

A Manual of International Dispute Resolution Author Anthony Connerty
ISBN-10 0850928370
Release 2006
Pages 367
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A practical guide to international dispute resolution and settlement, especially in the fields of trade and commerce, investment, and intellectual property. The book will be of interest to readers worldwide who need to understand international dispute resolution processes and institutions.



The BRICS Lawyers Guide to Global Cooperation

The BRICS Lawyers  Guide to Global Cooperation Author Rostam J. Neuwirth
ISBN-10 9781108245197
Release 2017-10-12
Pages
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In the international trade and development arena, new and developing economies have created a block that is known as BRICS - Brazil, Russia, India, China and South Africa. Initially conceived to drive global change through economic growth, the financial crisis and reversal of fortunes of the BRICS nations have raised questions about their ability to have an impact on the governance of global affairs. This book explores the role of law in various areas of BRICS cooperation including: trade, investment, competition, intellectual property, energy, consumer protection, financial services, space exploration and legal education. It not only covers the specifics of each of the BRICS nations in the selected areas, but also offers innovative and forward-looking perspectives on the BRICS cooperation and their contribution to the reform of the global governance networks. This is a unique reference book suitable for academics, government officials, legal practitioners, business executives, researchers and students.



Natural Resources and Environmental Justice in Kenya

Natural Resources and Environmental Justice in Kenya Author Kariuki Muigua
ISBN-10 9966046054
Release 2015
Pages 472
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Natural Resources and Environmental Justice in Kenya has been writing in one form or another for most of life. You can find so many inspiration from Natural Resources and Environmental Justice in Kenya also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Natural Resources and Environmental Justice in Kenya book for free.



International Commercial Arbitration and African States

International Commercial Arbitration and African States Author Amazu A. Asouzu
ISBN-10 0521641322
Release 2001-10-18
Pages 533
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An examination of arbitral and alternative dispute resolution (ADR) processes in the African context.