Arbitrability

Author : Loukas A. Mistelis
Publisher : Kluwer Law International B.V.
Page : 410 pages
File Size : 46,6 Mb
Release : 2009-01-01
Category : Law
ISBN : 9789041127303

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Arbitrability by Loukas A. Mistelis Pdf

It often seems today that no dispute is barred from resolution by arbitration. Even the fundamental question of whether a dispute falls under the exclusive jurisdiction of a judicial body may itself be arbitrable. Arbitrability is thus an elusive concept; yet a systematic study of it, as this book shows, yields innumerable guidelines and insights that are of substantial value to arbitral practice. Although the book takes the form of a collection of essays, it is designed as a comprehensive commentary on practical issues that emerge from the idea of arbitrability. Fifteen leading academics and practitioners from Europe and the United States each explore different facets of arbitrability always with a perspective open to international developments and comparative evaluation of standards. The presentation falls into two parts: in the first the focus is on the general features of arbitrability, its rationale and the laws applicable to it. In the second, arbitrability is specifically examined in the context of administrative, criminal, corporate, IP, financial, commercial, and criminal law This book has its origins in an International Conference on Arbitrability held at Athens in September 2005. Seven papers presented there are here reviewed and updated, and nine others are added. The subject of the book and– arbitrability and– is one that is much talked about, but seldom if ever given the in-depth treatment presented here. Arbitrators and other practitioners in the field will welcome the way the analysis moves logically from theory to practice regarding every issue, and academics will recognize a definitive treatment of arbitrability as understood and applied in the settlement of disputes today.

Author : Fabien Gélinas,Leyla Bahmany
Publisher : Kluwer Law International B.V.
Page : 370 pages
File Size : 43,6 Mb
Release : 2023-11-17
Category : Law
ISBN : 9789403530871

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Arbitrability by Fabien Gélinas,Leyla Bahmany Pdf

As simple as the arbitrability question might appear (namely, what types of issues may and may not be submitted to arbitration), for a legal system to set a clear and consistent approach to arbitration, it must consider many complicated factors that relate to public policy and economic priorities as well as international relations. This comprehensive, precise, and practical book identifies and analyzes the fundamentals of, and major approaches to, arbitrability in the current international context. The authors focus on nine major arbitration jurisdictions—the United States, Canada, France, England and Wales, Switzerland, Germany, China (Mainland), Hong Kong, and Singapore—with meticulous attention to each jurisdiction’s pertinent case law and legislative framework as well as relevant commentary. For each jurisdiction, the arbitrability of disputes in the following fields of law is discussed: antitrust/competition; bankruptcy/insolvency; consumer; corporate; family/domestic relations; intellectual property (copyright, patent, and trademark); labor/employment; securities; and torts. Based on the jurisdiction-by-jurisdiction analysis, the authors identify key areas in which the selected jurisdictions share similarities and evince differences with respect to each of the above-mentioned fields. With a structure that enables readers to easily locate what they are looking for and gives clear-cut answers, this unique book fully elucidates the notion of arbitrability by identifying the key concepts, the applicable rules, and different criteria for arbitrability and by explaining how different jurisdictions deal with specific types of disputes. It will be welcomed by counsel, arbitrators, judges, students, and academics active in international arbitration and the enforcement of arbitral awards.

Author : Philippe Fouchard,Berthold Goldman
Publisher : Kluwer Law International B.V.
Page : 1320 pages
File Size : 47,6 Mb
Release : 1999-09-02
Category : Law
ISBN : 9789041110251

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Fouchard, Gaillard, Goldman on International Commercial Arbitration by Philippe Fouchard,Berthold Goldman Pdf

Based on and includes revisions to : Traité de l'arbitrage commercial international / Ph. Fouchard, E. Gaillard, B. Goldman. 1996--Cf. foreword.

Author : Herbert Kronke,Patricia Nacimiento,Dirk Otto
Publisher : Kluwer Law International B.V.
Page : 674 pages
File Size : 54,6 Mb
Release : 2010-01-01
Category : Law
ISBN : 9789041123565

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Recognition and Enforcement of Foreign Arbitral Awards by Herbert Kronke,Patricia Nacimiento,Dirk Otto Pdf

The analysis thoroughly covers the major issues that have arisen in the application of the Convention, including the following: - the use of reservations made by Contracting States; - the distinctions between recognition and enforcement and between recognition sought at the seat of the arbitration and outside the seat; - the role of the courts in reviewing arbitral awards and, in particular, the Convention's focus on safeguarding due process standards; - the more favourable rightsA" principle embodied in Article VII(1); - the relevance of forum shopping and asset spotting to the application of the Convention; and - the role of formalities and formalism. The end result is an invaluable work that will prove enormously useful to all international commercial arbitration practitioners and scholars, regardless of location.

Author : Julian D. M. Lew,Loukas A. Mistelis,Stefan Michael Kröll,Stefan Kröll
Publisher : Kluwer Law International B.V.
Page : 994 pages
File Size : 48,5 Mb
Release : 2003-01-01
Category : Law
ISBN : 9789041115683

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Comparative International Commercial Arbitration by Julian D. M. Lew,Loukas A. Mistelis,Stefan Michael Kröll,Stefan Kröll Pdf

This treatise describes the practice of international commercial arbitration with reference to the major international treaties and instruments, arbitration rules and national laws. It provides an analysis of the interaction between party autonomy and arbitration practice.

Author : Hossein Fazilatfar
Publisher : Edward Elgar Publishing
Page : 224 pages
File Size : 51,8 Mb
Release : 2019-12-27
Category : Law
ISBN : 9781788973854

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Overriding Mandatory Rules in International Commercial Arbitration by Hossein Fazilatfar Pdf

Overriding Mandatory Rules in International Commercial Arbitration discusses the applicability of mandatory rules of law in international commercial arbitration and addresses the concerns of the arbitrators and judges at various stages of arbitration and the enforcement of the award.

Author : Loukas A. Mistelis,Julian D. M. Lew
Publisher : Kluwer Law International B.V.
Page : 418 pages
File Size : 46,5 Mb
Release : 2006-01-01
Category : Law
ISBN : 9789041124500

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Pervasive Problems in International Arbitration by Loukas A. Mistelis,Julian D. M. Lew Pdf

"This important book will be of great interest to arbitration lawyers, international lawyers and business people, as well as to academics, libraries, and students of dispute resolution."--Publisher's website.

Author : Carrie J. Menkel-Meadow,Lela Porter-Love,Andrea Kupfer-Schneider,Michael Moffitt
Publisher : Aspen Publishing
Page : 819 pages
File Size : 41,9 Mb
Release : 2018-09-14
Category : Law
ISBN : 9781543803105

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Dispute Resolution by Carrie J. Menkel-Meadow,Lela Porter-Love,Andrea Kupfer-Schneider,Michael Moffitt Pdf

Dispute Resolution: Beyond the Adversarial Model, Third Edition provides a comprehensive look at the current state of ADR. For each area of Negotiation, Mediation, Arbitration, and Hybrid processes, the text incorporates four key aspects: the theoretical framework defining the process; the skills needed to practice it; the ethical issues implicated in its use and how to counsel users of such processes; and legal and policy analyses, with questions and problems within the text. New to the Third Edition: A shorter, more compact book designed to be student-friendly Exercises and discussion problems throughout Designed for one chapter to be covered each week of a typical ADR course The latest on Online Dispute Resolution, Dispute System Design, Supreme Court decisions on arbitration, and empirical work on mediation and negotiation Professors and students will benefit from: Comprehensive, current coverage. The theory, skills, ethical issues, and legal and policy analyses relevant to all key areas of contemporary ADR practice—Negotiation, Mediation, Arbitration, and hybrid and multi-party processes and their appropriate uses—are thoroughly covered using a rich range of up-to-date cases and readings. Authored by the leading scholars and teachers in the field of Dispute Resolution. The authors are award winning and recognized for their scholarship, teaching, practice, policy making, and standards drafting throughout the wide range of particular ADR processes. Practical approach to problem-solving. The text engages students as active participants in resolving human and legal problems, using individual or combined resolution processes in varying gender, race, and cultural contexts. International and multi-party dispute resolution. These important, high-interest contexts and applications are thoroughly covered in discrete chapters. Readings balance theory and theory-in-use. Readings include cases, behaviorally and critically based articles, examples, empirical studies, and relevant statutory and other regulatory material to illuminate the challenge of balancing rules and laws with the economic and emotional constraints inherent in disputes. Challenging, relevant readings. The text includes a wide range of perspectives, from Fisher, Ury, and Patton’s Getting to Yes, Raiffa’s Art and Science of Negotiation, and materials on modern deliberative democracy, group facilitation and decision making, counseling clients about uses of ADR, enforcement of negotiation, and mediation agreements. Key cases include AT&T v. Concepcion and other recent Supreme court cases on arbitration. Teaching materials include: Numerous role-plays and simulations for skills development Suggested teaching exercises, syllabi and “answers” to problem boxes found in text Recommendations for supplemental materials, such as videos and transcripts Examination and paper suggestions for each chapter

Author : Gary Born
Publisher : BRILL
Page : 1171 pages
File Size : 51,7 Mb
Release : 2021-11-15
Category : Law
ISBN : 9789004502222

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International Commercial Arbitration: Commentary and Materials by Gary Born Pdf

International Commercial Arbitration contains detailed commentary, case analyses, and practice pointers. Full annotations and footnotes provide invaluable research assistance, while clearly-written analyses identify and discuss critical issues. Representative international arbitral awards and national court decisions are excerpted, and detailed reference is made to leading institutional rules. Detailed appendices, an easy-to-use Table of Contents, and an extensive index to aid research and provide ready access to key materials. Co-publication with Kluwer Law International. North American sales rights only. Published under the Transnational Publishers imprint. For class adoption a student edition is available for

Author : United States. Federal Labor Relations Authority
Publisher : Unknown
Page : 1040 pages
File Size : 55,5 Mb
Release : 2004
Category : Collective labor agreements
ISBN : MINN:31951D025981402

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Decisions of the Federal Labor Relations Authority by United States. Federal Labor Relations Authority Pdf

Author : Gary B. Born
Publisher : Aspen Publishing
Page : 1237 pages
File Size : 42,7 Mb
Release : 2015-03-12
Category : Law
ISBN : 9781454860259

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International Arbitration by Gary B. Born Pdf

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.

Author : Thomas Schultz,Federico Ortino
Publisher : Oxford University Press, USA
Page : 1025 pages
File Size : 50,9 Mb
Release : 2020-06-30
Category : Law
ISBN : 9780198796190

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The Oxford Handbook of International Arbitration by Thomas Schultz,Federico Ortino Pdf

This Handbook offers academics and practitioners a one-stop-shop entry into the subject of international arbitration, and the ways in which it is discussed today.

Author : Larissa van den Herik
Publisher : Edward Elgar Publishing
Page : 544 pages
File Size : 40,6 Mb
Release : 2017-07-28
Category : Law
ISBN : 9781784713034

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Research Handbook on UN Sanctions and International Law by Larissa van den Herik Pdf

The 1990s have been labeled the ‘Sanctions Decade’, since they witnessed an unprecedented intensification of the use of collective non-military enforcement measures, and in particular sanctions, by the post-Cold War reactivated Security Council. This Research Handbook studies the current practice of UN sanctions in international law, their interrelationship with other regimes and substantive areas of law, as well as issues arising from their implementation and application at the domestic level.

Author : American Arbitration Association
Publisher : Juris Publishing, Inc.
Page : 632 pages
File Size : 40,7 Mb
Release : 2010-09-01
Category : Arbitration and award
ISBN : 9781933833521

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AAA Handbook on Commercial Arbitration by American Arbitration Association Pdf

Assembled from Dispute Resolution Journal - the flagship publication of the American Arbitration Association - the chapters in the Handbook have all, where necessary, been revised and updated prior to publication. The book is succinct, comprehensive and a practical introduction to the use of arbitration and ADR, written by leading practitioners and scholars. The Handbook begins with an exploration of drafting commercial arbitration clauses and provides advice on selecting the right arbitrator for any given commercial arbitration dispute. It supplies practitioners with guidelines for use in their arbitration practice and covers such topics as evidence and discovery, arbitral subpoena powers, procedural and interim orders. It also offers guidance on witness preparation, expert testimony, and cross-examination. There are chapters that specifically address the arbitration of large complex cases, healthcare disputes, and entertainment industry disputes. Arbitrators are provided with recommendations regarding professional conduct and responsibility. Arbitral awards and remedies are covered extensively and arbitrators are provided with practical approaches and information on drafting awards, punitive damages, the finality of awards and, post-decision debriefing. Lastly, this book discusses commercial arbitration as it relates to the legal system. The chapters were selected from an extensive body of writings and, in the main, represent world-class assessments of arbitration and ADR practice. All the major facets of the field are addressed and provide the reader with comprehensive and accurate information, lucid evaluations, and an indication of future developments. They not only acquaint, but also ground the reader in the field.

Author : Gabrielle Kaufmann-Kohler,Antonio Rigozzi
Publisher : Oxford University Press
Page : 672 pages
File Size : 51,9 Mb
Release : 2015-10-22
Category : Law
ISBN : 9780191669194

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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.