Arbitration Clauses And Third Parties

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Arbitration Clauses and Third Parties

Asli Arda
Arbitration Clauses and Third Parties Book PDF

Author : Asli Arda
Publisher : Taylor & Francis
Page : 323 pages
File Size : 40,5 Mb
Release : 2023-07-18
Category : Law
ISBN : 9781000899771

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Arbitration Clauses and Third Parties by Asli Arda Pdf

This is the first book to focus on the legal question of the incorporation of arbitration clauses, even though this issue constitutes a common problem that arises frequently in practice. Arbitration Clauses and Third Parties compares different branches of law, namely shipping, reinsurance, and construction, where the legal notion of incorporation is often implemented. It evaluates how the differences and peculiarities of the said branches of law impact the outcome of the incorporation of arbitration clauses and therefore why a ‘one size fits all’ approach should be avoided. The book provides both an in-depth legal analysis of the incorporation of arbitration clauses as well as the legal position of the third parties regarding arbitration agreements and a detailed evaluation of the relevant case law. It further offers a unique comparative analysis of English law and Singapore law with regards to the incorporation of arbitration clauses and features recent case law on the issue from both jurisdictions. Moreover, the book explores the status of third parties to arbitration and a wide range of legal situations in which arbitration clauses bind third parties. This book will be directly of interest to lawyers and professionals in arbitration, reinsurance, construction, and shipping, as well as to relevant academic courses.

Arbitration Clauses and Third Parties

Aslı Arda
Arbitration Clauses and Third Parties Book PDF

Author : Aslı Arda
Publisher : Routledge
Page : 0 pages
File Size : 40,7 Mb
Release : 2023
Category : Arbitration agreements, Commercial
ISBN : 1032215011

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Arbitration Clauses and Third Parties by Aslı Arda Pdf

"This is the first book to focus on the legal question of the incorporation of arbitration clauses, even though this issue constitutes a common problem that arises frequently in practice. Arbitration Clauses and Third Parties compares different branches of law, namely shipping, reinsurance and construction, where the legal notion of incorporation is often implemented. It evaluates how the differences and peculiarities of the said branches of law impact the outcome of the incorporation of arbitration clauses and therefore why a 'one size fits all' approach should be avoided. The book provides both an in-depth legal analysis of the incorporation of arbitration clauses as well as the legal position of the third parties regarding arbitration agreements and a detailed evaluation of the relevant case law. It further offers a unique comparative analysis of English law and Singapore law with regards to the incorporation of arbitration clauses and features recent case law on the issue from both jurisdictions. Moreover, the book explores the status of third parties to arbitration and a wide range of legal situations in which arbitration clauses bind third parties. This book will be directly of interest to lawyers and professionals in arbitration, reinsurance, construction, and shipping, as well as to relevant academic courses"--

Third Parties in International Commercial Arbitration

Stavros Brekoulakis
Third Parties in International Commercial Arbitration Book PDF

Author : Stavros Brekoulakis
Publisher : OUP Oxford
Page : 0 pages
File Size : 49,7 Mb
Release : 2010-12-23
Category : Law
ISBN : 0199572089

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Third Parties in International Commercial Arbitration by Stavros Brekoulakis Pdf

Third Parties in International Commercial Arbitration addresses the role and the interests of third parties in international arbitration. Through a clear overview and in-depth critical commentary, the book explores existing case law and its related academic literature as well as offering an insight into more practical concerns.

Standard Clauses in International Contracts. The Arbitration Clause

Joy Mutimba
Standard Clauses in International Contracts The Arbitration Clause Book PDF

Author : Joy Mutimba
Publisher : GRIN Verlag
Page : 14 pages
File Size : 45,6 Mb
Release : 2018-05-02
Category : Law
ISBN : 9783668696099

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Standard Clauses in International Contracts. The Arbitration Clause by Joy Mutimba Pdf

Essay from the year 2018 in the subject Law - Miscellaneous, grade: A, Lyon Catholic University, course: International Contract Law, language: English, abstract: The paper discusses the Definition and Purpose of the Arbitration Clause, Two Types of Contracts where the Arbitration Clause is typically found, Legal Basis & Regime, Differences in the use and interpretation of the Contract Clause between common law and civil law jurisdictions. You may use your home jurisdictions as illustrative, and Proper drafting of the Contract Clause and advice to avoid the pitfalls of relying on a “boilerplate” clause.

Complex Arbitrations

Bernard Hanotiau
Complex Arbitrations Book PDF

Author : Bernard Hanotiau
Publisher : Kluwer Law International B.V.
Page : 626 pages
File Size : 42,7 Mb
Release : 2020-07-10
Category : Law
ISBN : 9789403512624

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Complex Arbitrations by Bernard Hanotiau Pdf

Complex Arbitrations: Multi-party, Multi-contract and Multi-issue A Comparative Study Second Edition Bernard Hanotiau Arbitrations involving more than two parties and complex multi-contractual issues are becoming more and more prevalent every year in every major jurisdiction worldwide. This fully updated, extensively revised edition of a far-seeing 2006 book that has been greatly valued and widely used remains the only comprehensive analysis of all the issues arising from multi-party–multi-contract arbitrations, including those involving States and groups of companies. The numerous factors and problems analysed in depth include the following: theories on the basis of which various courts and tribunals determine who are parties to the arbitration clause and whether a non-signatory may be part of the proceedings; to what extent one can bring to a single arbitration proceeding the various parties who have participated in a single economic transaction through several contracts; reasoning to follow when it comes to deciding whether another company of the group can be joined to the arbitration; whether a party to a complex contractual structure can intervene voluntarily in the proceedings; under what conditions arbitrations may be consolidated; to what extent res judicata applies when a second arbitration is initiated between the same parties on different legal grounds; how and to what extent one can overcome the inconveniences that arise from having several parallel proceedings; and enforcement of multi-party–multi-contract awards. Features of particular value to the practitioner include in-depth analysis of ad hoc and institutional awards rendered under the auspices of numerous arbitral institutions; analysis of relevant national case law based on hundreds of court decisions from all over the world; and appendices specifying multi-party–multi-contract arbitration clauses, provisions of international conventions and relevant national legislative and institutional rules. The first edition has been used all over the world, frequently referred to by courts and tribunals when one of its topics is addressed. The second edition, with its increased volume of arbitral awards and cases from many more jurisdictions, its new scenarios, its updates on new legislation and rules, and its newly researched jurisprudence will help lawyers and corporate counsel solve the increasingly complex procedural issues confronting them in dealing with multi-party–multi-contract disputes. Law professors and students of dispute resolution have here a powerfully authoritative consideration of one of the most salient aspects of current international practice.

Jurisdiction and Arbitration Clauses in Maritime Transport Documents

Felix Sparka
Jurisdiction and Arbitration Clauses in Maritime Transport Documents Book PDF

Author : Felix Sparka
Publisher : Springer Science & Business Media
Page : 294 pages
File Size : 44,6 Mb
Release : 2010-01-11
Category : Law
ISBN : 9783642102226

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Jurisdiction and Arbitration Clauses in Maritime Transport Documents by Felix Sparka Pdf

Jurisdiction and arbitration clauses are two different mechanisms that help to ensure impartiality and predictability in international dispute resolution. Despite their benefits, these clauses can be inconvenient for parties that are forced to litigate before distant fora. Moreover, particular problems arise in the context of maritime transport documents. Based on a broad comparative approach, this study seeks to explain the existing rules within their legal context and to develop a coherent system for such clauses, which takes into account the underlying interests as well as economic theory. While offering detailed answers to most issues surrounding jurisdiction and arbitration clauses in maritime transport documents, the book confronts the fundamental question of the limits of freedom of contract in an international setting.

The Freshfields Guide to Arbitration Clauses in International Contracts

Jan Paulsson,Nigel Rawding,Lucy Reed
The Freshfields Guide to Arbitration Clauses in International Contracts Book PDF

Author : Jan Paulsson,Nigel Rawding,Lucy Reed
Publisher : Kluwer Law International B.V.
Page : 194 pages
File Size : 47,8 Mb
Release : 2011-01-01
Category : Law
ISBN : 9789041134004

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The Freshfields Guide to Arbitration Clauses in International Contracts by Jan Paulsson,Nigel Rawding,Lucy Reed Pdf

With this newly updated edition of the Freshfields Guide to Arbitration Clauses in International Contracts - still in the concise, attractive format that made the original so popular - lawyers and business people will confidently negotiate contracts that ensure a speedy, clear-cut resolution of any dispute likely to arise. Taking into account the many significant developments in the law and practice of international arbitration that have occurred over the years since the previous editions, it offers: ; clear, uncomplicated contract-drafting advice, derived from the authors' wide-ranging practical experience; model clauses that ensure the effectiveness of dispute resolution provisions - and avoid pitfalls, and important reference materials.

Business Law I Essentials

MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.),Renee de Assis,Suzanne Cardell
Business Law I Essentials Book PDF

Author : MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.),Renee de Assis,Suzanne Cardell
Publisher : Unknown
Page : 180 pages
File Size : 40,9 Mb
Release : 2019-09-27
Category : Electronic
ISBN : 1680923021

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Business Law I Essentials by MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.),Renee de Assis,Suzanne Cardell Pdf

A less-expensive grayscale paperback version is available. Search for ISBN 9781680923018. Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions. Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches.

The Principles and Practice of International Commercial Arbitration

Margaret L. Moses
The Principles and Practice of International Commercial Arbitration Book PDF

Author : Margaret L. Moses
Publisher : Cambridge University Press
Page : 91 pages
File Size : 45,6 Mb
Release : 2008-03-17
Category : Law
ISBN : 9781139469975

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The Principles and Practice of International Commercial Arbitration by Margaret L. Moses Pdf

This title provides the reader with immediate access to understanding the world of international arbitration. Arbitration has become the dispute resolution method of choice in international transactions. This book explains 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 changes in arbitration laws, rules, and guidelines. 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 the best arbitration 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.

Party Autonomy in Private International Law

Alex Mills
Party Autonomy in Private International Law Book PDF

Author : Alex Mills
Publisher : Cambridge University Press
Page : 595 pages
File Size : 45,8 Mb
Release : 2018-08-16
Category : Law
ISBN : 9781107079175

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Party Autonomy in Private International Law by Alex Mills Pdf

Provides an unprecedented historical, theoretical and comparative analysis and appraisal of party autonomy in private international law. These issues are of great practical importance to any lawyer dealing with cross-border legal relationships, and great theoretical importance to a wide range of scholars interested in law and globalisation.

International Dispute Resolution

Vesna Lazić,Steven Stuij
International Dispute Resolution Book PDF

Author : Vesna Lazić,Steven Stuij
Publisher : Springer
Page : 127 pages
File Size : 42,6 Mb
Release : 2018-07-26
Category : Law
ISBN : 9789462652521

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International Dispute Resolution by Vesna Lazić,Steven Stuij Pdf

The contributions in this book cover a wide range of topics within modern disputeresolution, which can be summarised as follows: harmonisation, enforcement andalternative dispute resolution. In particular, it looks into the impact of harmonisedEU law on national rules of civil procedure and addresses the lack of harmonisationin the US regarding the recognition and enforcement of foreign judgments. Furthermore,the law on enforcement is examined, not only by focusing on US law, but also onhow to attach assets in order to enforce a judgment. Finally, it addresses certain typesof alternative dispute resolution. In addition, the book looks into the systems andcultures of dispute resolution in several regions of the world, such as the EU, the US andChina, that have a high impact on globalisation. Hence, the book is diverse in the senseof dealing with multiple issues in the field of modern dispute resolution./div The book offers explorations of the impact of international rules and EU law on domesticcivil procedure, through case studies from, among others, the US, China, Belgium andthe Netherlands. The relevance of EU law for the national debate and its impact on theregulation of civil procedure is also considered. Furthermore, several contributions discussthe necessity and possibility of harmonisation in the emergency arbitrator mechanisms inthe EU. The harmonisation of private international law rules within the EU, particularlythose of a procedural nature, is juxtaposed to the lack thereof in the US. Also, the bookoffers an overview of the current dispute settlement mechanisms in China. The publication is primarily meant for legal academics in private international law andcivil procedure. It will also prove useful to practitioners regularly engaged in cross-borderdispute resolution and will be of added value to advanced students, as well as to those withan interest in international litigation and more generally in the area of dispute resolution. Vesna Lazić is Senior Researcher at the T.M.C. Asser Institute, Associate Professor ofPrivate Law at Utrecht University and Professor of European Civil Procedure at theUniversity of Rijeka. Steven Stuij is an expert in Private International Law and a PhD Candidate/GuestResearcher at the Erasmus School of Law, Rotterdam. Ton Jongbloed is Guest Editor on this volume./div

The Governance of Corporate Groups

Janet Dine
The Governance of Corporate Groups Book PDF

Author : Janet Dine
Publisher : Cambridge University Press
Page : 232 pages
File Size : 41,6 Mb
Release : 2000-06-05
Category : Business & Economics
ISBN : 9780521660709

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The Governance of Corporate Groups by Janet Dine Pdf

Starting from a discussion of the theoretical underpinning of the place companies occupy in society, this book explores the consequences of adherence to free market contractualist theory, including the lack of regulatory control of a sufficiently robust nature. Professor Dine comments on the absence of a concept of governance of groups from a comparative perspective and considers the consequences of this absence for the conflict of laws. In particular, she highlights the tragic consequences of globalization by transnationals including polarization of income and environmental damage, and suggests a possible legal framework to prevent future damages.

Maritime Law in Motion

Proshanto K. Mukherjee,Maximo Q. Mejia, Jr.,Jingjing Xu
Maritime Law in Motion Book PDF

Author : Proshanto K. Mukherjee,Maximo Q. Mejia, Jr.,Jingjing Xu
Publisher : Springer Nature
Page : 796 pages
File Size : 44,5 Mb
Release : 2020-01-23
Category : Law
ISBN : 9783030317492

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Maritime Law in Motion by Proshanto K. Mukherjee,Maximo Q. Mejia, Jr.,Jingjing Xu Pdf

This book provides valuable insights into various contemporary issues in public and private maritime law, including interdisciplinary aspects. The public law topics addressed include public international law and law of the sea, while a variety of private law topics are explored, e.g. commercial maritime law, conflict of laws, and new developments in the application of advanced technologies to maritime law issues. In addition, the book highlights current and topical discussions at international maritime forums such as the International Maritime Organization on regulatory and private law matters within the domain of marine environmental law, the law respecting seafarers’ affairs and maritime pedagogics, maritime security, comparative law in the maritime field, trade law, recent case law analysis, taxation law in the maritime context, maritime arbitration, carriage of passengers, port law, and limitation of liability.

Arbitration Clauses for International Contracts - 2nd Edition

Paul D. Friedland
Arbitration Clauses for International Contracts 2nd Edition Book PDF

Author : Paul D. Friedland
Publisher : Juris Publishing, Inc.
Page : 368 pages
File Size : 46,6 Mb
Release : 2007-07-01
Category : Law
ISBN : 9781933833064

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Arbitration Clauses for International Contracts - 2nd Edition by Paul D. Friedland Pdf

"This book, by a leading international arbitration practitioner, offers suggested language for every option that a drafter of an international arbitration clause may need. Following a succinct assessment of the choice between arbitration and litigation and commentary on the choices among arbitration fora and formats, the author presents an accessible how-to for drafting. While other works offer theory and a smattering of drafting tips, there is no other comprehensive collection of workable language, presented accessibly with easy-to-reference appendices. This book will be a standard reference for both in-house counsel and outside practitioners. This book provides, in an accessible format, clauses that address all the significant issues that contracting parties face, and in any event should consider, when they decide to draft a dispute resolution clause for an international contract. Those who wish immediate access to suggested language may turn directly to the Appendices. Those who wish to understand the analysis that leads to the suggested language should read the text."--Publisher's website.

Arbitration Law

Robert M. Merkin
Arbitration Law Book PDF

Author : Robert M. Merkin
Publisher : Informa Law from Routledge
Page : 0 pages
File Size : 46,7 Mb
Release : 2004
Category : Arbitrage (Droit) - Angleterre
ISBN : 1843113740

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Arbitration Law by Robert M. Merkin Pdf

Provides a comprehensive and up to date account of the law related to arbitration.