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Yearbook Commercial Arbitration 2014

Yearbook Commercial Arbitration 2014 Author Van Den Berg
ISBN-10 9041149805
Release 2014-12-15
Pages 832
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Volume XXXVII (2012) of the Yearbook again presents readers with a selection of arbitral awards and court decisions made accessible by translations, indices and categorized lists. Since Volume XXXV (2010), the Yearbook's selection of arbitral awards and court decisions is available in a combination of print edition and online publishing. Arbitral awards continue to be published in print in their entirety, as are Parts of the Yearbook providing various information. Court decisions are presented at two levels of consultation: a Summary of each decision, prefaced by a short recap, is published in print; a detailed Excerpt of the decision is available online at . A code provided with the Yearbook allows readers to access the relevant Volume online, as well as the preceding Volume. Readers who have purchased Volume XXXVII (2012) can therefore access materials from both this Volume and Volume XXXVI (2011).



International Investment Law and Arbitration

International Investment Law and Arbitration Author Chin Leng Lim
ISBN-10 9781316853030
Release 2018-04-26
Pages
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What was once a contested body of principles applied peripherally to the international settlement of expropriation disputes has been transformed and in its place now stands an important area of international disputes practice. International Investment Law and Arbitration offers a comprehensive introduction to the subject. Presenting the facts of daily legal practice and the largely unaltered aims of the subject alongside a broad selection of key awards and original materials, historical developments are discussed in the context of the changing directions in the arbitral jurisprudence and current treaty and arbitration reform debate. Key features: accessible and engaging commentary integrated throughout, end of chapter questions test reader understanding, further reading lists support and encourage exploration of the subject. Suitable for postgraduate law students studying modules on international investment arbitration, International Investment Law and Arbitration offers an indispensable introduction to the subject.



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.



Yearbook on International Investment Law and Policy 2014 2015

Yearbook on International Investment Law and Policy 2014 2015 Author Andrea K. Bjorklund
ISBN-10 9780190612054
Release 2016-10-21
Pages 648
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Several themes emerge in this 2014-2015 edition of the Yearbook. The first is a notable focus on country and region-specific developments. Different articles focus on key developments in such countries as Australia, Brazil, China, Ghana, India, Indonesia, Russia, and South Africa. Others focus on regional innovations, in particular in Latin America. A second area of attention is reform, and proposals for reform, in investor-state dispute settlement and in investment law generally. The third theme is the continued concern about states' regulatory autonomy and the importance of their retaining ability to protect the interests of their nationals. A fourth theme concerns the continued contribution that investment arbitration makes to the development of international law, and the influence that it is starting to have on other areas of law, whether that is as a source of inspiration in the interpretation of other norms or as a source of potentially powerful persuasive authority given the "teeth" that investment law has with respect to enforcement. Included are the winning memorials of the FDI Moot for both 2014 and 2015. In 2014 a team from the University of Ottawa submitted the winning claimant's memorial, while students from Harvard Law School submitted the winning respondent's memorial. In 2015, Harvard repeated its stellar performance, again winning best respondent's memorial. The winning claimant's memorial in 2015 was submitted by students from the National and Kapodistrian University of Athens. These excellent memorials reveal once again the growing interest of students in international investment law and demonstrate a striving for excellence and an enthusiasm for grappling with intellectually challenging issues.



International Institutional Law

International Institutional Law Author Henry G. Schermers
ISBN-10 9789004187986
Release 2011-08-11
Pages 1
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This book offers a comparative analysis of the institutional law of public international organizations, covering issues such as membership, institutional structure, decisions and decision-making, legal status, privileges and immunities. It has been designed to appeal to both academics and practitioners.



The Practice of Arbitration

The Practice of Arbitration Author Patrick Wautelet
ISBN-10 9781782250043
Release 2012-09-14
Pages 382
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This book offers a series of commentaries on noteworthy arbitral awards and court decisions on arbitration. All contributions focus on the practice of arbitration. Influential authors with proven arbitration experience share their insights on celebrated and less well-known cases, drawn from various countries, various arbitration institutions and including both commercial and investment arbitration. This collection of essays celebrates the work and scholarship of Hans van Houtte, who has been a professor of international commercial arbitration at the University of Leuven for more than 20 years. In addition to his widely -praised contribution to the theory of arbitration, Professor Van Houtte has built a long career in the practice of arbitration, presiding over a vast array of arbitral tribunals and holding appointments to international tribunals, most recently as president of the Iran-US Claims Tribunal. Hans van Houtte has always been concerned with the practical usefulness of scholarly writings, and this book respects this approach. This volume will prove essential for all arbitration practitioners and will also be of great interest also to academics and research students with an interest in international arbitration.



Building International Investment Law

Building International Investment Law Author Meg N. Kinnear
ISBN-10 9041161333
Release 2015-12-22
Pages 778
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This volume celebrates the first fifty years of the International Centre for Settlement of Investment Disputes (ICSID) by presenting the landmark cases that have been decided under its auspices. These cases have addressed every aspect of investment disputes: jurisdictional thresholds; the substantive obligations found in investment treaties, contracts, and legislation; questions of general international law; and a number of novel procedural issues. Each chapter, written by an expert on the chapter's particular focus, looks at an international investment law topic through the lens of one or more of these leading cases, analyzing what the case held, how it has been applied, and its overall significance to the development of international investment law. These topics include: - applicable law; - res judicata in investor-State arbitration; - notion of investment; - investor nationality; - consent to arbitration; - substantive standards of treatment; - consequences of corruption in investor-State arbitration; - State defenses - counter-claims; - assessment of damages and cost considerations; - ICSID Arbitration Rule 41(5) objections; - mass claims, consolidation and parallel proceedings; - provisional measures; - arbitrator challenges; - transparency and amicus curiae; and - annulment. Because the law of international investment continues to grow in importance in an ever globalizing world, this book is more than a fitting way to mark the past fifty years and to welcome the next fifty years of development. It will prove both educational for practitioners new to the field and informative for seasoned investment lawyers. Moreover, the book itself is a landmark that will be of great value to professionals, scholars and students interested in international investment law.



Excessive Maritime Claims

Excessive Maritime Claims Author J. Ashley Roach
ISBN-10 9789004217720
Release 2012-06-22
Pages 1000
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Now in a third, revised edition, Excessive Maritime Claims by J. Ashley Roach and Robert W. Smith is designed for law of the sea and maritime law specialists. Coverage includes current affairs in maritime law such as submarine cables, polar areas, environmental protection, sovereign immunity and sunken ships, and maritime law enforcement, maritime security, proliferation of weapons of mass destruction by sea, piracy, and protection of underwater cultural heritage.



Fair and Equitable Treatment in International Investment Law

 Fair and Equitable Treatment  in International Investment Law Author Roland Kläger
ISBN-10 9780521197717
Release 2011-06-23
Pages 361
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This book looks at fair and equitable treatment as a key standard of international investment law.



Sustainable Development in World Investment Law

Sustainable Development in World Investment Law Author Marie-Claire Cordonier Segger
ISBN-10 9789041131669
Release 2011
Pages 902
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Sustainable development, as defined by the World Commission on Environment and Development, is "development that meets the needs of the present without compromising the ability of future generations to meet their own needs." More specifically, sustainable development is a process of change that seeks to improve the collective quality of life by focusing on economically, socially, and environmentally sound projects that are viable in the long-term. Sustainable development requires structural economic change and the foundation of that change is investment. In developing nations with low levels of domestic savings, investment predictably comes from abroad in the form of foreign direct investment. A large and ever expanding number of international investment agreements are in place to govern these transactions. While these accords seek to foster development while mitigating the risk involved in these types investments, many questions remain unresolved. This highly insightful book reflects the contributions of a variety of world renowned experts each of which is designed to provide the reader with valuable perspective on recent developments in investment law negotiations and jurisprudence from a sustainable development law perspective. It offers answers to pertinent questions concerning advancements in investment law, including the negotiation of numerous regional and bilateral agreements as well as the increasing number of disputes resolved in the World Bank's International Centre for the Settlement of Investment Disputes (ICSID), from different developed and developing country perspectives. It lays out future directions for new treaty negotiations and dispute settlement proceedings, as well as ongoing investment promotion efforts, against a background of rapidly evolving international relationships between economic, environment and development law. It focuses on key issues in investment laws which have emerged as priorities in the negotiation of bilateral and regional investment agreements, and have been clarified through recent decisions of the ICSID and other arbitral panel awards.



Theatre of the Rule of Law

Theatre of the Rule of Law Author Stephen Humphreys
ISBN-10 9781139495332
Release 2010-11-11
Pages
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Theatre of the Rule of Law presents a sustained critique of global rule of law promotion - an expansive industry at the heart of international development, post-conflict reconstruction and security policy today. While successful in articulating and disseminating an effective global public policy, rule of law promotion has largely failed in its stated objectives of raising countries out of poverty and taming violent conflict. Furthermore, in its execution, this work deviates sharply from 'the rule of law' as commonly conceived. To explain this, Stephen Humphreys draws on the history of the rule of law as a concept, examples of legal export during colonial times, and a spectrum of contemporary interventions by development agencies and international organisations. Rule of law promotion is shown to be a kind of theatre, the staging of a morality tale about the good life, intended for edification and emulation, but blind to its own internal contradictions.



International Handbook on Commercial Arbitration

International Handbook on Commercial Arbitration Author Pieter Sanders
ISBN-10 STANFORD:36105063824994
Release
Pages
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International Handbook on Commercial Arbitration has been writing in one form or another for most of life. You can find so many inspiration from International Handbook on Commercial Arbitration also informative, and entertaining. Click DOWNLOAD or Read Online button to get full International Handbook on Commercial Arbitration book for free.



The International Effectiveness of the Annulment of an Arbitral Award

The International Effectiveness of the Annulment of an Arbitral Award Author Hamid Gharavi
ISBN-10 9789041117175
Release 2002-03-14
Pages 204
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In international arbitration as practiced today, few issues are as controversial and hotly debated as the foreign enforcement of an arbitral award that has been annulled in its originating jurisdiction. As more and more jurisdictions challenge such annulments, the issue has inevitably attracted the intense scrutiny of practitioners and scholars. Now, in the first book written on the subject--and a major work unlikely to be superseded for quite some time--the international practitioner and scholar Dr. Hamid G. Gharavi provides a keen, in-depth analysis of the sources, legal and practical grounds, and possible solutions of the problem, particularly as it affects international business transactions in the global economy. Dr Gharavi analyzes the relevant provisions in all major international arbitration conventions, as well as national laws on the annulment and enforcement of arbitral awards in force in more than fifty different countries. Among the book's most notable features are the following: invaluable information on, and an in-depth analysis of, the travaux préparatoires of the New York Convention pertaining to the articulation of annulment/enforcement controls; the effects of the cultural, judicial, and legal diversity of states; and clear elucidation of the interests that often separate North from South in the practice of arbitration. With detailed attention to theoretical and practical perspectives--especially as they reveal the dangers to which the enforcement of annulled awards can subject international business operators-- Dr Gharavi arrives, after consideration of all interests, at a global resolution aiming to establish an effective and harmonious international legal framework for the control of awards in accordance with the nature and mission of arbitration.



East Asia Pacific at Work

East Asia Pacific at Work Author World Bank Group
ISBN-10 9781464800047
Release 2014-05-07
Pages 296
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The unprecedented progress of East Asia Pacific is a triumph of working people. Countries that were low-income a generation ago successfully integrated into the global value chain, exploiting their labor-cost advantage. In 1990, the region held about a third of the world’s labor force. Leveraging this comparative advantage, the share of global GDP of emerging economies in East Asia Pacific grew from 7 percent in 1992 to 17 percent in 2011. Yet, the region now finds itself at a critical juncture. Work and its contribution to growth and well-being can no longer be taken for granted. The challenges range from high youth inactivity and rising inequality to binding skills shortages. A key underlying issue is economic informality, which constrains innovation and productivity, limits the tax base, and increases household vulnerability to shocks. Informality is both a consequence of stringent labor regulations and limited enforcement capacity. In several countries, de jure employment regulations are more stringent than in many parts of Europe. Even labor regulations set at reasonable levels but poorly implemented can aggravate the market failures they were designed to overcome. This report argues that the appropriate policy responses are to ensure macroeconomic stability, and in particular, a regulatory framework that encourages small- and medium-sized enterprises where most people in the region work. Mainly agrarian countries should focus on raising agricultural productivity. In urbanizing countries, good urban planning becomes critical. Pacific island countries will need to provide youth with human capital needed to succeed abroad as migrant workers. And, across the region, it is critical to ‘formalize’ more work, to increase the coverage of essential social protection, and to sustain productivity. To this end, policies should encourage mobility of labor and human capital, and not favor some forms of employment - for instance, full-time wage employment in manufacturing - over others, either implicitly or explicitly. Policies to increase growth and well-being from employment should instead reflect and support the dynamism and diversity of work forms across the region.



Refugee Protection in International Law

Refugee Protection in International Law Author Erika Feller
ISBN-10 0521532817
Release 2003-06-26
Pages 717
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Millions of people are today forced to flee their homes as a result of conflict, systematic discrimination, or other forms of persecution. The core instruments on which they must rely to secure international protection are the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol. This book examines key challenges that the Convention faces, including the scope of the principle of non-refoulement and the proper application of the elements of the refugee definition. The Office of the United Nations High Commissioner for Refugees (UNHCR) commissioned papers on these issues from some of the world's pre-eminent international refugee lawyers, discussed at a series of expert roundtable meetings during 2001 as part of UNHCR's Global Consultations on International Protection. The papers and roundtable conclusions are published here, together with an introduction and the landmark declaration of the 2001 Ministerial Meeting of States Parties to the Convention and/or Protocol.



Yearbook Commercial Arbitration 1998

Yearbook Commercial Arbitration  1998 Author Albert Van den Berg
ISBN-10 9041111042
Release 1998-11-19
Pages 1306
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Yearbook Commercial Arbitration 1998 has been writing in one form or another for most of life. You can find so many inspiration from Yearbook Commercial Arbitration 1998 also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Yearbook Commercial Arbitration 1998 book for free.



Damages Under the Convention on Contracts for the International Sale of Goods

Damages Under the Convention on Contracts for the International Sale of Goods Author Bruno Zeller
ISBN-10 9780195371864
Release 2009
Pages 269
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Damages Under the Convention on Contracts for the International Sale of Goods, Second Edition presents a practical and detailed analysis of the methods used to determine and calculate damages under the United Nations Convention on Contracts for the International Sale of Goods (CISG). Incorporating both worldwide judicial and arbitral decisions, Damages Under the CISG, Second Edition, is a unique and comprehensive guide to fully understanding this important area of law. It provides authoritative guidance on the differences that exist between uniform international instruments and domestic laws and offers comparative analysis of the calculation of damages under the civil and common law systems. The fault system and causation principle are compared with the foreseeability principle, one of the key considerations under Article 74 of the CISG. Where applicable to understanding damages issues, the UNIDROIT Principles and the Principles of European Contract Law are referenced in depth. These principles have been updated and the information revamped for the second edition, as well as additional information on fundamental breach of contract.