10 Years Of Swiss Rules Of International Arbitration Asa Special Series No 44

Author : Nathalie Voser
Publisher : Juris Publishing, Inc.
Page : 331 pages
File Size : 46,6 Mb
Release : 2014-10-01
Category : Arbitration and award
ISBN : 9781937518493

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10 Years of Swiss Rules of International Arbitration - ASA Special Series No. 44 by Nathalie Voser Pdf

On the occasion of the 10th anniversary of the Swiss Rules of International Arbitration, the ASA decided to devote its annual conference in January 2014 to this topic. This volume of the ASA Special Series contains the written versions of all the presentations given during this conference. Most of the contributions were based on the verbatim protocol which was prepared on the conference day and thus retain their informal speaking style. In their 10 years of existence, the Swiss Rules have established themselves as modern arbitration rules, offering a user efficient and transparent arbitral proceedings. Probably the most distinguishing feature of the Swiss Rules with regard to the administration of the cases is their "light touch" as applied by the Swiss Chambers' Arbitration Institution, reserving however a supervisory function for its Court. This volume is structured along the panels of the conference. The first panel addressed the history and the background of the Rules as well as their main characteristics. The second and the third panels explore the key features of the revised Swiss Rules, namely the consolidation and joinder provisions, the set-off and counter-claim provisions, the expedited procedure, provisional measures and the emergency arbitrator as well as provisions on confidentiality and settlement facilitation. While the fourth panel provided the insiders’ view into how the Institution administers its cases, the fifth and last panel discussed the perspectives of the users, the arbitrators and counsel as well as their experiences with the Swiss Rules.

Author : Tobias Zuberbühler,,Christoph Müller,Philipp Habegger
Publisher : Juris Publishing, Inc.
Page : 592 pages
File Size : 49,8 Mb
Release : 2013-08-01
Category : Law
ISBN : 9781937518172

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Swiss Rules of International Arbitration - Second Edition by Tobias Zuberbühler,,Christoph Müller,Philipp Habegger Pdf

***NO SALES RIGHTS IN SWITZERLAND*** This second edition of the first comprehensive commentary on the Swiss Rules of International Arbitration covers the new version of these rules which entered into force on 1 June 2012. It is a practical guide for arbitrators, counsel, state courts and persons involved in the conduct and administration of arbitral proceedings under the Swiss Rules. This commentary presents the new version of the Swiss Rules from a double perspective. On the one hand, it emphasizes the relationship between these Rules and the Swiss legal regime governing international arbitration, namely the provisions of chapter 12 of the Swiss Private International Law Statute. On the other hand, it puts these Rules in an international perspective by comparing them with the corresponding provisions of the other major institutional rules (ICC, LCIA, SCC, DIS, VIAC, SIAC, HKIAC, CIETAC, AAA/ ICDR, WIPO and ICSID) and with the provisions of the former edition of the rules. Finally, it highlights the main differences between the Swiss Rules and the UNCITRAL Arbitration Rules which were revised in 2010. This book is written by arbitration practitioners based in Switzerland who work with established law firms, widely experienced in international commercial arbitration. It is the work of a refreshing new generation of Swiss arbitration specialists. Two of the editors were members of the working group for the revision of the Swiss Rules and thus bring special insight into the book about the revision process.

Author : Tobias Zuberbühler,Christoph Müller
Publisher : Kluwer Law International
Page : 488 pages
File Size : 43,9 Mb
Release : 2005
Category : Law
ISBN : STANFORD:36105064102705

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Swiss Rules of International Arbitration by Tobias Zuberbühler,Christoph Müller Pdf

"This book shows the common ground with, and highlights the main differences to, the UNCITRAL Arbitration Rules. Beyond that it also emphasizes the relationship between the Swiss Rules and the Swiss legal regime governing international arbitration."--P. v.

Author : Dr. Manuel Arroyo
Publisher : Kluwer Law International B.V.
Page : 3026 pages
File Size : 40,8 Mb
Release : 2018-08-06
Category : Law
ISBN : 9789041192745

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Arbitration in Switzerland by Dr. Manuel Arroyo Pdf

Arbitration in Switzerland

Author : Gabrielle Kaufmann-Kohler,Antonio Rigozzi
Publisher : Oxford University Press
Page : 672 pages
File Size : 43,5 Mb
Release : 2015-10-22
Category : Law
ISBN : 9780191669187

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International Arbitration: Law and Practice in Switzerland by Gabrielle Kaufmann-Kohler,Antonio Rigozzi Pdf

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.

Author : Marcus Wirth,Christina Rouvinez,Joachim Knoll
Publisher : Juris Publishing, Inc.
Page : 188 pages
File Size : 40,6 Mb
Release : 2011-08-01
Category : Law
ISBN : 9781933833897

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Search for Truth in Arbitration: Is Finding the Truth What Dispute Resolution Is About - ASA Special Series No. 35 by Marcus Wirth,Christina Rouvinez,Joachim Knoll Pdf

This volume of the ASA Special Series contains the written version of the presentations given at the ASA 2009 Annual Conference on "The Search for "Truth" in Arbitration: Is finding the Truth what Dispute Resolution is about?" This volume explores the role and the relevance of "truth" in dispute resolution and specifically in commercial arbitration; the different notions of truth in different legal cultures; the users' view in that respect; and the consequences of these different perspectives and approaches for the practice of international arbitration. Part one provides the "philosophical" background to the subsequent discussions of some practical issues from the perspective of the users of arbitration services as well as of the providers of these services, arbitrators and counsel. Next, two practical issues that have for a long time been a hot topic in commercial arbitration practice, cross-examination and document production, are expolored from different perspectives. Finally formalism in arbitral proceedings is discussed – is formalism good or evil? It has been concluded that formal requirements should never be handled in a way that would hinder a tribunal or a court from accomplishing the main task with which it was entrusted either by the parties or by the State: applying the substantive law to the issues before them and finding a just and fair solution to the parties' dispute. The presentations published in this volume of the ASA Special Series will contribute to the discussion of the ever intriguing question "Is Finding the "Truth" what Dispute Resolution is about?"

Author : Philipp Habegger,Daniel Hochstrasser,Gabrielle Nater-Bass,Urs Weber-Stecher
Publisher : Juris Publishing, Inc.
Page : 214 pages
File Size : 51,7 Mb
Release : 2013-03-01
Category : Law
ISBN : 9781937518134

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Arbitral Institutions Under Scrutiny: ASA Special Series No. 40 by Philipp Habegger,Daniel Hochstrasser,Gabrielle Nater-Bass,Urs Weber-Stecher Pdf

The internal organisation and practices of operation of arbitral institutions are often not transparent and are rarely addressed in public discussions among arbitration practitioners. To shed some light on aspects of the internal organisation and operation of these institutions, ASA asked the MIDS (Geneva LLM in International Dispute Settlement) to conduct a broad survey of arbitral institutions based on a detailed questionnaire. The results are summarized in Chapter 1 of this volume. The further Chapters of this volume contain the presentations of the speakers at the ASA conference of 9 September 2011. They discuss responsibilities of the institutions in administering arbitration cases under their sets of rules in the different phases of an arbitral proceeding, from the constitution of the arbitral tribunal to supervision and quality control to financial aspects, such as cost control and the potential liability of arbitrators. In sum, this volume of the ASA Special Series contains a lot of interesting information for all arbitration practitioners and users of institutional arbitration services.

Author : Elliott Geisinger,Nathalie Voser
Publisher : Kluwer Law International B.V.
Page : 488 pages
File Size : 45,7 Mb
Release : 2013-02-01
Category : Law
ISBN : 9789041146724

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International Arbitration in Switzerland by Elliott Geisinger,Nathalie Voser Pdf

A convenient, neutral location, with a long-standing tradition of arbitration, arbitration-friendly legislation, arbitration-supportive courts, and an exemplary infrastructure – for all of these reasons, parties often choose Switzerland as their preferred seat of arbitration. Switzerland continues to therefore play a leading role in the field of arbitration. This book, since its first edition in 2004, has been widely used as a peerless practitioners’ guide to international arbitration in Switzerland. Keeping in line with the first edition, this second edition describes in detail each phase of arbitral proceedings, from drafting the arbitration clause to challenge and enforcement of the award. The second edition continues to pay close attention to all aspects, including procedure before the arbitral tribunal, interim measures, confidentiality, the mediation alternative, and many other topics. The new edition has been extensively revised to take fully into account the newly amended Swiss Rules of International Arbitration, as well as numerous changes internationally, such as the revised ICC Rules and the revised UNCITRAL Rules. Many new decisions of the Swiss Federal Tribunal relating to arbitration are also considered, as is legal commentary. The second edition also features a chart comparing major institutional arbitration rules on all aspects of the arbitral process covered by those rules. There are also two entirely new chapters – one on the legislative framework of Swiss arbitration law, and one addressing costs of arbitration. The approach throughout is rigorously practice-oriented, adding theoretical support whenever necessary. With the help of this book, practitioners will proceed confidently as they approach such tasks as the following: drafting an effective arbitration clause and choosing between ad hoc and institutional arbitration; understanding the manner in which arbitral proceedings can be structured and evaluating what is best suited to their needs; weighing the possibilities of interim relief at their disposal; anticipating the duration and costs of proceedings; and assessing post-award options. Whilst focusing on the latest developments in international commercial arbitration, International Arbitration in Switzerland includes sections on sports arbitration (with a focus on the Court of Arbitration for Sport in Lausanne) and on Swiss-based public international law dispute settlement mechanisms, such as those of the WTO and the UNCC. The book provides useful answers to concrete questions that in-house lawyers, outside counsel, and arbitrators are confronted with when practicing international arbitration in Switzerland. With its wealth of practical expertise and up-to-date information, it will enable foreign in-house and external counsel to make the appropriate choices and decisions. It will be indispensable for all practitioners and academics interested in arbitration in Switzerland.

Author : Schweizerische Vereinigung Für Schiedsgerichtsbarkeit. Conference
Publisher : Unknown
Page : 310 pages
File Size : 47,9 Mb
Release : 2004
Category : Electronic
ISBN : OCLC:84711742

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The Swiss Rules of International Arbitration by Schweizerische Vereinigung Für Schiedsgerichtsbarkeit. Conference Pdf

Author : Philippe Bärtsch,Dorothee Schramm
Publisher : Juris Publishing, Inc.
Page : 206 pages
File Size : 43,9 Mb
Release : 2014-04-01
Category : Law
ISBN : 9781937518387

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Arbitration Law of Switzerland by Philippe Bärtsch,Dorothee Schramm Pdf

Arbitration Law of Switzerland is a comprehensive review of the arbitration law and practice in Switzerland. Contents include: A discussion of the history and current legislation on arbitration and arbitration infrastructure and practice. Analysis of the current law and practice including an examination of the arbitration agreement, jurisdiction, arbitrability, the arbitral tribunal, conducting arbitration, the arbitral award and challenges and other actions against the award. A useful chapter on the recognition and enforcement of awards rendered both in Switzerland and in foreign jurisdictions and a comprehensive chapter covering the Swiss Rules of International Arbitration and the practices of the Swiss Chambers’ Arbitration Institution.

Author : Gabrielle Kaufmann-Kohler,Blaise Stucki
Publisher : Unknown
Page : 310 pages
File Size : 52,5 Mb
Release : 2004
Category : Arbitration and award
ISBN : OCLC:70898644

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Internationale Schiedsordnung Der Schweizerischen Handelskammern (chinesisch) by Gabrielle Kaufmann-Kohler,Blaise Stucki Pdf

Author : Nathan D. O'Malley
Publisher : Taylor & Francis
Page : 868 pages
File Size : 42,9 Mb
Release : 2013-06-19
Category : Law
ISBN : 9781317974772

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Rules of Evidence in International Arbitration by Nathan D. O'Malley Pdf

Rules of Evidence in International Arbitration: An Annotated Guide is a valuable reference for practitioners, arbitrators and in-house counsel involved in cross-border dispute resolution. Filled with examples drawn from arbitration case precedent, the book considers common issues and questions relating to evidentiary procedure. Features & Benefits: Focuses on evidentiary procedure with extensive case-based commentary and examples addressing common issues in international arbitration related to evidence Extensive annotations, which allow the reader to locate key precedents for use in practice Practitioner-focused, meaning common misconceptions and questions arising from the international arbitration procedure are addressed Organised in an easy-to-use style for quick reference This book will be an essential reference guide on evidence for practitioners of international arbitration. Filled with examples drawn from arbitration case precedent, the book considers common issues and questions relating to evidentiary procedure. Arbitrators and counsel will gain from this publication a better view of the best practices, accepted solutions to difficult procedural issues, and fundamental due process considerations which arise in connection with the use of evidence in international arbitration.

Author : Elliott Geisinger,Guillaume Tattevin
Publisher : Juris Publishing, Inc.
Page : 138 pages
File Size : 48,9 Mb
Release : 2013-07-01
Category : Law
ISBN : 9781933833910

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Advocacy in International Commercial Arbitration: ASA Special Series No. 36 by Elliott Geisinger,Guillaume Tattevin Pdf

Corporate counsel, arbitrators and lawyers discuss their experiences with advocates in international arbitration, their expectations of good advocacy in a critical analysis of The ASA Charter of Advocacy in International Commercial Arbitration. Issues discussed include: Differences in Culture and Style Evolution of the Role Model Over Time The Relationship with the Client and the Tribunal The Relationship with Witnesses and Experts The Use of Consultants and Their Management Contributing Authors: Sheila Ahuja Matthew Gearing Bernard Hanotiau Henry Peter Jeffrey Waincymer

Author : Derya Durlu Gürzumar,Christoph Bruckschweiger,Jonas Pust,Janis Matthys,Hannes Latzel,Sooraj Sharma
Publisher : Stämpfli Verlag
Page : 206 pages
File Size : 55,9 Mb
Release : 2020-03-10
Category : Law
ISBN : 9783727219610

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Selected Papers on International Arbitration by Derya Durlu Gürzumar,Christoph Bruckschweiger,Jonas Pust,Janis Matthys,Hannes Latzel,Sooraj Sharma Pdf

Das Werk Series on International Arbitration, Volume 5, enthält die besten Abschlussarbeiten aller Teilnehmer, die das Nachdiplomstudium in internationaler Schiedsgerichtsbarkeit der Swiss Arbitration Academy SAA erfolgreich abgeschlossen haben. Die Arbeiten decken verschiedene wichtige Aspekte der internationalen Schiedsgerichtsbarkeit ab. Die Swiss Arbitration Academy ist eine private Institution, deren Mitbegründer die Herausgeber des vorliegende Heftes sind. Sie führt jedes Jahr einen intensiven und praxisorientierten Kurs in internationaler Schiedsgerichtsbarkeit durch. Der Kurs richtet sich an Anwältinnen und Anwälte, Unternehmensjuristinnen und -juristen und weitere Fachleute, die an einer innovativen und praxisnahen Ausbildung im Bereich der internationalen Streitbeilegung interessiert sind. Alle Teilnehmer, die den Kurs mit der Einreichung der Abschlussarbeit erfolgreich abschließen, erhalten das SAA-Zertifikat und den Titel "Arbitration Practitioner ArbP". The SAA Series on International Arbitration contains the best graduation papers of all participants who successfully completed the post-graduate studies in international arbitration of the SAA Swiss Arbitration Academy. The papers cover different important aspects of international arbitration. The Swiss Arbitration Academy is a private institution co-founded and managed by the editors of this volume. Each year, the SAA offers and conducts an intensive and practical course in international arbitration. The training has been designed for lawyers, in-house counsel, and other professionals interested in cutting-edge international dispute resolution education. All participants who successfully complete the course, which includes the submission of the final paper, are awarded the SAA Certificate and the title Arbitration Practitioner ArbP.

Author : Stefanie Pfisterer,Anton K. Schnyder
Publisher : Dike Publishers
Page : 0 pages
File Size : 46,9 Mb
Release : 2012
Category : Arbitration and award
ISBN : 3037514418

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International Arbitration in Switzerland by Stefanie Pfisterer,Anton K. Schnyder Pdf

Switzerland - with its geographical situation and political stability - has become a popular place for arbitration. The tradition of being a neutral place of arbitration, the appeal of Swiss law, and the modern lex arbitri have leveraged Switzerland's prominent standing. The country is one of the most important centers of international arbitration today. This book illustrates the current legal situation of international arbitration in Switzerland by presenting the legal environment through references to important rules for arbitration in Switzerland (in particular, the Swiss Rules of International Arbitration, the Rules of Arbitration of the International Chamber of Commerce ICC, and the UNCITRAL Arbitration Rules). The structure of the book follows a well-established pattern, beginning with the basics of the arbitration agreement, the course of arbitral proceedings up to the arbitral award, and its recognition and enforcement in Switzerland and abroad. (Series: Swiss Law in a Nutshell)