Arbitration In England

Author : Julian D. M. Lew,Harris Bor,Joanne Greenaway
Publisher : Unknown
Page : 743 pages
File Size : 42,5 Mb
Release : 2013
Category : Law
ISBN : 9041139982

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Arbitration in England by Julian D. M. Lew,Harris Bor,Joanne Greenaway Pdf

England is a leading centre for arbitration, both international and domestic, arising out of all manner of contractual disputes and industry sectors. This book comprises contributions from well-known arbitration practitioners and scholars who present, in a straightforward and readable fashion, the rich and varied nature of arbitration in England today. The early chapters describe the development of the arbitral system in England and its traditional leading institutions, the London Court of International Arbitration (LCIA) and the Chartered Institute of Arbitrators (CIArb). They also provide a unique focus on the specialist areas of commodity, maritime, construction and sports arbitration. The remainder of the book deals with the law and practice of arbitration in England and concludes with two additional overview chapters relating to arbitration in Scotland and the Republic of Ireland respectively. Insightful and practical guidance is given in relation to a number of key areas, including: appointing and challenging arbitrators; applicable law and the influence of EU law; the role of the court, including anti-suit and anti-arbitration injunctions and interim relief; arbitration procedure and practice in ad hoc and institutional arbitrations; factual and expert evidence, including privilege and electronic document production; challenges to, and appeals from, awards; recognition and enforcement of awards; and multilateral and bilateral investment treaty arbitration. Anyone whose pursuits or responsibilities require knowledge of arbitration in England - including practitioners, in-house counsel, business persons, academics, and students around the world - will benefit enormously from this thorough study and analysis of contemporary arbitration practice in the jurisdiction.

Author : Laila Hamzi,Daniel Harrison,Gregory Fullelove
Publisher : Kluwer Law International B.V.
Page : 602 pages
File Size : 47,9 Mb
Release : 2022-08-09
Category : Law
ISBN : 9789403522258

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International Arbitration in England by Laila Hamzi,Daniel Harrison,Gregory Fullelove Pdf

There is no question that in recent years, the case law, practice and legal environment in which international arbitration in England is practised have all evolved and adapted to a changing world and continue to do so. In this book, a diverse range of practitioners chart this development with detailed consideration of the challenges and opportunities for the future of international arbitration in England. The topics chosen often reflect and explore preoccupations of our times, including such aspects of arbitral practice as the following: challenges to arbitrators, with particular attention to the Supreme Court’s findings in Halliburton v. Chubb; virtual hearings; diversity in international arbitration; climate change arbitration; ‘green arbitration’ practices; developing jurisprudence regarding enjoining foreign states in English proceedings; recovery of in-house costs in English-seated international arbitrations; overlapping sanctions regimes and their application to arbitral disputes in England; and the role and future of third-party funding. The fact that the essays were all written during the COVID-19 pandemic is reflected in the procedural issues which form the focus of some chapters, reminding us that when it comes, change can come quickly. For this reason, the deeply informed insights in this volume, intended as they are to ensure the continued evolution and success of international arbitration in England, will prove of immeasurable value for any practitioner making submissions before an arbitral tribunal. Jurists, academics and students will gain invaluable perspectives on the future trajectory of the field.

Author : Francis E. Miller
Publisher : FEM Publishing
Page : 72 pages
File Size : 55,7 Mb
Release : 1988
Category : Law
ISBN : 0951429507

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"Arbitration" by Francis E. Miller Pdf

Author : Sir Michael J. Mustill,Stewart Crauford Boyd
Publisher : Butterworth-Heinemann
Page : 835 pages
File Size : 46,7 Mb
Release : 1989-01-01
Category : Arbitration agreements, Commercial
ISBN : 0406311234

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The Law and Practice of Commercial Arbitration in England by Sir Michael J. Mustill,Stewart Crauford Boyd Pdf

Author : Rudolf Kahn
Publisher : Walter de Gruyter GmbH & Co KG
Page : 56 pages
File Size : 52,7 Mb
Release : 2021-10-25
Category : Law
ISBN : 9783112454220

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Arbitration in England and Germany by Rudolf Kahn Pdf

No detailed description available for "Arbitration in England and Germany".

Author : Samuel Rosenbaum
Publisher : Unknown
Page : 82 pages
File Size : 40,5 Mb
Release : 1916
Category : Arbitration and award
ISBN : HARVARD:32044057061111

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A Report on Commercial Arbitration in England by Samuel Rosenbaum Pdf

Author : Derek Roebuck
Publisher : Holo Books
Page : 436 pages
File Size : 43,6 Mb
Release : 2013-01-01
Category : Arbitration and award
ISBN : 0954405633

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Mediation and Arbitration in the Middle Ages by Derek Roebuck Pdf

Tells the story of how disputes of all kinds were managed in England between AD 1154 and the first signs of the Common Law, and 1558 when a new period started in the development of the English legal system. This title also includes private papers like the Paston Letters to show how disputes were managed in practice.

Author : Derek Roebuck
Publisher : Arbitration Press
Page : 312 pages
File Size : 52,9 Mb
Release : 2008
Category : Arbitration and award
ISBN : 0954405617

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Early English Arbitration by Derek Roebuck Pdf

Offers a history of mediation and arbitration in England before the Common Law. This book shows how natural and widespread mediation and arbitration have been in England since history began. It includes an appendix which deals with the many unsettled questions of the languages of the period, British, Latin, Anglo-Saxon and Anglo-Norman.

Author : Dushyant Dave,Martin Hunter,Fali Nariman,Marike Paulsson
Publisher : Kluwer Law International B.V.
Page : 532 pages
File Size : 46,8 Mb
Release : 2021-02-24
Category : Law
ISBN : 9789041182821

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Arbitration in India by Dushyant Dave,Martin Hunter,Fali Nariman,Marike Paulsson Pdf

India has a long-standing tradition of dispute resolution through arbitration, with arbitral-type regulations going back to the eighteenth century. Today, amendments to the 1996 Indian Arbitration Act, a steady evolution of case law and new arbitral institutions position India’s vibrant system once more at the forefront of international commercial dispute resolution. In this handbook, over forty members of the international arbitration community in India and beyond offer authoritative perspectives and insights into topics on arbitration that matter in India. International arbitration practitioners, Indian practitioners, and scholars have combined efforts to produce a practical and informative guide on the subject. Among numerous notable features, the contributors provide detailed analysis and description of such aspects of arbitration as the following, with a focus on the Indian context: Indian application of the 1958 New York Convention; law governing the merits of the dispute and awards; investor-state dispute settlement; drafting arbitration clauses for India-centric agreements; managing costs and time; rise of virtual arbitration and technology; effect of public policy in light of extensive Indian jurisprudence; and arbitration of claims relating to environmental damage. Practical features include checklists for drafting arbitration clauses and a comparative chart of major commercial arbitration rules applicable to India. Also included is a comparative analysis of arbitral regimes in India, Singapore and England; chapters on the India Model Bilateral Investment Treaty and ISDS reforms; a special section on the enforcement of foreign awards; a section on the drafting of the award guided by leading arbitrators and stakeholders and a review of the new 2021 ICC Rules. For foreign counsel and arbitrators with arbitrations in India, this complete and up-to-date analysis provides guidelines for practitioners, corporate counsel, and judges on considerations to be borne in mind with respect to arbitration with an Indian nexus and whilst seeking enforcement and execution of an arbitral award in India. It will prove an effective tool for students and others in understanding and navigating the particularities and peculiarities of India’s system of domestic and international commercial arbitration.

Author : Derek Roebuck
Publisher : Unknown
Page : 530 pages
File Size : 46,8 Mb
Release : 2017
Category : Dispute resolution (Law)
ISBN : 0957215312

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Arbitration and Mediation in Seventeenth-Century England by Derek Roebuck Pdf

Despite plague, fire, political upheaval and religious strife, in the 17th century English people of all kinds used mediation and arbitration routinely to help resolve their differences. Litigation was a costly and unpopular alternative. Kings and poor widows were parties. They usually asked an even number of third parties, first to arrange a settlement as mediators and, if that failed, to adjudicate as arbitrators. Parties relied on bonds to ensure each other's performance of the submission and award. Kings and yeomen arbitrated. Francis Bacon, Edward Coke, Samuel Pepys, Robert Hooke and James I himself all took what they called arbitrament for granted as the best way of resolving all kinds of disputes they could not manage themselves. The redoubtable Lady Anne Clifford was exceptional; she successfully withstood the insistent demands of James I to arbitrate in her land dispute with her husband and family. Women appear as often as men in many of the primary sources and have a chapter to themselves. As the century drew to its close, lawyers advised their clients to take advantage of the courts' offer to accept a claim and, with the parties' consent, to refer it to arbitration, with arbitrators appointed by the court. That process came to be called a rule of court and the Government established it by the Arbitration Act 1698.

Author : Neil Andrews
Publisher : Springer
Page : 342 pages
File Size : 55,5 Mb
Release : 2016-04-18
Category : Law
ISBN : 9783319271446

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Arbitration and Contract Law by Neil Andrews Pdf

This book deals with the contractual platform for arbitration and the application of contractual norms to the parties' dispute. Arbitration and agreement are inter-linked in three respects: (i) the agreement to arbitrate is itself a contract; (ii) there is scope (subject to clear consensual exclusion) in England for monitoring the arbitral tribunal's fidelity and accuracy in applying substantive English contract law; (iii) the subject-matter of the arbitration is nearly always a ‘contractual’ matter. These three elements underlie this work. They appear as Part I (arbitration is founded on agreement), Part II (monitoring accuracy), Part III (synopsis of the English contractual rules frequently encountered within arbitration). The book will be a useful resource to foreign lawyers or English non-lawyers, English lawyers seeking a succinct discussion, and to arbitral tribunals.​

Author : Harold Crowter
Publisher : Taylor & Francis
Page : 334 pages
File Size : 44,9 Mb
Release : 2020-11-25
Category : Law
ISBN : 9781000340921

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Introduction to Arbitration by Harold Crowter Pdf

This book provides a highly accessible yet practical guide to all aspects of arbitration, from the drafting of an arbitration agreement through to the award, including enforcement and appeals. Being comprehensive in its approach, every stage of the arbitral process under the Arbitration Act 1996 is covered including a separate chapter covering special types of arbitration such as consumer schemes and arbitrations under statute. Written in simple non-legalistic language and intentionally general in its coverage, it should be of relevance to arbitration matters whatever trade or profession practised.

Author : Neil Andrews
Publisher : Springer Science & Business Media
Page : 305 pages
File Size : 43,7 Mb
Release : 2011-09-28
Category : Law
ISBN : 9789400722941

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The Three Paths of Justice by Neil Andrews Pdf

This book presents a concise account of the English system of civil litigation, covering court proceedings in England and Wales. It is an original and important study of a system which is the historical root of the US litigation system. The volume offers a comprehensive and properly balanced account of the entire range of dispute resolution techniques. As the first book on this subject to be published in the USA, it enables American lawyers to gain an overview of the main institutions of English Civil Procedure, including mediation and arbitration. It will render the English system of civil justice accessible to law students in the US, practitioners of law, professors, judges, and policy-makers.

Author : Julian Lew
Publisher : Springer Science & Business Media
Page : 380 pages
File Size : 40,7 Mb
Release : 2013-06-29
Category : Law
ISBN : 9789401711562

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Contemporary Problems in International Arbitration by Julian Lew Pdf

The establishment of a School of International Arbitration was a sufficiently important occurrence to have brought to London, for its inaugural conference, most of the world's leading experts on international arbitration. The three-day Symposium on March 25-27, 1985 sought to identify and consider the It was not the aim contemporary problems affecting international arbitration. of the Symposium to develop, propose or agree solutions to these problems, but rather to discuss the issues and alternative solutions. The success of the School will be measured in the future by its contribution, through research and teaching, to the development of solutions to the difficulties and uncertainties which reduce the effectiveness of international arbitration agreements and awards and the conduct of international arbitral proceedings. This book reproduces the papers presented at the Symposium (amended and varied by several contributors). It is not considered appropriate here to comment on or analyse paper by paper the ideas presented or discussions which ensued. However, it would be appropriate to make reference to specific developments in the short period since the Symposium directly relevant to the papers reproduced and the discussions which ensued. The pertinence of the subject-matter selected becomes clear from these subsequent developments.

Author : Giacomo Marchisio
Publisher : Kluwer Law International B.V.
Page : 242 pages
File Size : 51,8 Mb
Release : 2016-04-24
Category : Law
ISBN : 9789041183927

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The Notion of Award in International Commercial Arbitration by Giacomo Marchisio Pdf

International commercial arbitration relies extensively on the possibility of enforcing arbitral decisions against recalcitrant parties. Because courts and arbitration laws across the world take contrasting approaches to the definition of awards, such enforcement can be problematic, especially in the context of awards by consent, and the recent development known as ‘emergency arbitration’. In this timely and ground-breaking book, a young arbitration scholar takes us through the difficulties of defining the notion of arbitral award with a rare combination of theoretical awareness and attention to the procedural requirements of arbitral practice. In a framework using a comparative analysis of common law and civil law jurisdictions (specifically, England and France) and how each has regulated in different ways the equilibria between state justice and arbitral justice – and comparing each with the UNCITRAL Model Law – the book addresses such issues as the following: - the ‘judicialization’ of arbitration; - different models of arbitral adjudication and their impact on the notion of award; - what an award needs to contain to be enforceable; - awards on competence; - awards by consent; and - awards ante causam. The author employs a methodology that views arbitration as providing an institution for administering justice rather than as a purely contractual creature. To this end, rules of arbitral institutions (particularly the International Chamber of Commerce) are examined closely for their implications on what an award means. As a fresh look at the arbitral award by placing it in a broader context than is usually found, this book allows for a greater understanding of the functioning of international commercial arbitration. It is sure to become an international reference, and as such will be welcomed by arbitrators, practitioners at global law firms, companies doing transnational business, interested academics, and international arbitration centres in emerging markets.