Complex Arbitrations

Author : Bernard Hanotiau
Publisher : Kluwer Law International B.V.
Page : 626 pages
File Size : 52,8 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.

Author : Bernard Hanotiau
Publisher : Unknown
Page : 632 pages
File Size : 42,6 Mb
Release : 2020-07-10
Category : Electronic
ISBN : 940351261X

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Complex Arbitrations by Bernard Hanotiau Pdf

Complex Arbitrations: Multi-party, Multi-contract and Multi-issue' is a fully updated and renewed second edition of the far-sighted 2006 guide that was extensively used and much appreciated worldwide. Arbitrations which involve two or more parties and complex multi-party issues are becoming very common and frequent year by year. This one-stop guide provides a comprehensive and unique in-depth analysis of the multiplicity of issues arising from multi-party and multi-contract arbitration. It includes the decisions of several hundreds of courts from all major arbitral jurisdictions in the world and ad hoc and institutional awards ? published and unpublished ? rendered in all parts of the world under the auspices of all leading institutions.

Author : Hanotiau
Publisher : Unknown
Page : 412 pages
File Size : 44,7 Mb
Release : 2006
Category : Electronic
ISBN : 9041130233

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Complex Arbitrations by Hanotiau Pdf

This thorough and up-to-date guide to this area of practice the first and only such guide available provides a comprehensive analysis of all the issues arising from multiparty-multicontract arbitrations, including those involving States and groups of comp.

Author : Anonim
Publisher : Unknown
Page : 96 pages
File Size : 51,7 Mb
Release : 2003
Category : Arbitration and award, International
ISBN : OSU:32437121784421

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Complex Arbitrations by Anonim Pdf

Author : James M. Gaitis,Carl F. Ingwalson, Jr.,Vivien B. Shelanski
Publisher : Juris Publishing, Inc.
Page : 626 pages
File Size : 47,9 Mb
Release : 2014-01-01
Category : Arbitration agreements, Commercial
ISBN : 9781937518301

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College of Commercial Arbitrators Guide to Best Practices in Commercial Arbitration - Third Edition by James M. Gaitis,Carl F. Ingwalson, Jr.,Vivien B. Shelanski Pdf

This third edition of The College of Commercial Arbitrators Guide to Best Practices in Commercial Arbitration has been substantially expanded not only to ensure that it is up to date but, also, to incorporate several new chapters on diverse subjects, including intratribunal relations, arbitrators’ fees, eDiscovery, and hybrid arbitration processes. Summary of New Material •Twice as long as the second edition •Substantial revision and expansion of existing chapters •Four new chapters (Arbitrators Fees & Expenses, eDiscovery, Intratribunal Relations, Hybrid Arbitration Proceedings) •Updated to take into account evolving case law and to address newly emerging issues relating to the management of commercial arbitrations •Comparative tables regarding certain aspects of in major international rules and international arbitration institution policies •Revised to take into account: ♦The new 2013 CPR Administered Arbitration Rules ♦The 2013 revisions to the AAA Commercial Rules ♦Various protocols and guidelines relating to domestic commercial arbitration ♦The 2011 revisions to the JAMS International Rules ♦The 2012 revisions to the ICDR Articles ♦The 2010 revisions to the UNCITRAL Rules ♦The 2013 IBA Guidelines on Party Representation in International Arbitration ♦The 2010 revisions to the IBA Rules on the Taking of Evidence in International Arbitration ♦Various protocols and guidelines relating to domestic commercial arbitration The aim of the Guide is to identify best practices that arbitrators can employ to provide users of arbitration with the highest possible standards of economy and fairness in the disposition of business disputes. This third edition of the Guide refines the guidance contained in the first and second editions to take into account developing case law, revised institutional rules, advancements in arbitration techniques and thinking, and also addresses newly evolving issues such as electronic discovery. There are significant differences in the ways in which arbitrations are conducted in different substantive fields of commerce and among different arbitrators in the same field. Techniques that are appropriate and useful in one case may be quite unsuited to another. For this reason, it is not possible to prescribe a single set of best practices that commercial arbitrators should invariably follow in every case. Rather, this Guide attempts to identify the principal issues that typically arise in each successive stage of an arbitration and to explain the pros and cons of various preferred ways of handling each issue. From this perspective, the best practice for an arbitrator is to carefully consider the merits of alternative techniques available for dealing with a particular issue and to then select the technique best suited to the situation. In addition, the Guide attempts to identify the full array of practices available for use in complex arbitrations, which can be adapted and streamlined for simpler cases. Formed in 2001, the College of Commercial Arbitrators is a non-profit organization composed of prominent, experienced commercial arbitrators who believe that a national association of commercial arbitrators can provide a meaningful contribution to the profession, to the public, and to the businesses and lawyers who depend on arbitration as a primary means of dispute resolution. Its mission includes promoting professionalism and high ethical practice in commercial arbitration, adopting and maintaining standards of conduct, providing peer training and professional development, and developing and publishing "best practices" materials. This work is the College's principal vehicle for fulfilling several aspects of its mission. Many seasoned and knowledgeable practitioners generously contributed their time and insights to the creation of this Guide.

Author : John P. Sanderson,Jerry Warren Brown
Publisher : Canada Law Book
Page : 139 pages
File Size : 55,6 Mb
Release : 1994
Category : Grievance arbitration
ISBN : 0888041535

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Labour Arbitrations and All that by John P. Sanderson,Jerry Warren Brown Pdf

Author : Joachim Frick
Publisher : Kluwer Law International B.V.
Page : 338 pages
File Size : 48,6 Mb
Release : 2001-10-24
Category : Law
ISBN : 9789041116628

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Arbitration in Complex International Contracts by Joachim Frick Pdf

The technical, economic, and social development of the last one hundred years has created a new type of long-term contract which one may call `Complex International Contract'. Typical examples include complex civil engineering and constructions contracts as well as joint venture, shareholders, project finance, franchising, cooperation and management agreements. The dispute resolution mechanism, which normally deals with such contracts, is commercial arbitration, which has been deeply affected in recent decades by attempts to improve its capabilities. Most importantly, there is the trend towards further denationalization of arbitration with respect to the applicable substantive law. In this regard, a new generation of conflict rules no longer imposes on the arbitrators a particular method to be applied for the purpose of determining the applicable rules of law. Moreover, arbitration more frequently took on the task of adapting Complex International Contracts to changed circumstances. Also, special rules have been developed for so-called multi-party arbitration and fast track arbitration facilitating efficient dispute resolution. The author describes these trends both from a practical as well as a theoretical perspective, evaluating not only the advantages, but also the risks involved with the new developments in arbitration. Relevant issues with respect to the drafting and renegotiation of such contracts are also discussed.

Author : Franco Ferrari,Friedrich Rosenfeld,John Fellas
Publisher : Edward Elgar Publishing
Page : 288 pages
File Size : 50,9 Mb
Release : 2021-06-25
Category : Law
ISBN : 9781800882799

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International Commercial Arbitration by Franco Ferrari,Friedrich Rosenfeld,John Fellas Pdf

This indispensable book offers a concise comparative introduction to international commercial arbitration (ICA). With reference to recent case law from leading jurisdictions and up-to-date rules revisions, International Commercial Arbitration offers a thorough overview of the issues raised in arbitration, from the time of drafting of the arbitration clause to the rendering of the arbitral award and the post-award stage.

Author : Gloria M. Alvarez,Mélanie Riofrio Piché,Felipe V. Sperandio
Publisher : Kluwer Law International B.V.
Page : 462 pages
File Size : 41,7 Mb
Release : 2021-04-08
Category : Law
ISBN : 9789041199737

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International Arbitration in Latin America by Gloria M. Alvarez,Mélanie Riofrio Piché,Felipe V. Sperandio Pdf

Energy projects in Latin America are a major contributor to economic growth worldwide. This book is the first to offer a comprehensive, in-depth analysis of specific issues arising from energy and natural resources contracts and disputes in the region, covering a wide range of procedural, substantive, and socio-legal issues. The book also includes how states have shifted from passive business partners to more active controlling players. The book contains an extensive treatment and examination of the particularities of arbitration practice in Latin America, including arbitrability, public order, enforcement, and the complex public-private nature of energy transactions. Specialists experienced in resolving international energy and natural disputes throughout the region provide detailed analysis of such issues and topics, including: state-owned entities as co-investors or contracting parties; role of environmental law, indigenous rights and public participation; issues related to political changes, corruption, and quantification of damages; climate change, renewable energy, and the energy transition; force majeure, hardship, and price reopeners; arbitration in the electricity sector; take-or-pay contracts; recognition and enforcement of awards; tension between stabilization clauses and human rights; mediation as a method for dispute settlement in the energy and natural resources sector; and different comparative approaches taken by national courts in key Latin American jurisdictions. The book also delivers a clear explanation on the impact made to the arbitration process by Covid-19, emerging laws, changes of political circumstances, the economic global trends in the oil & gas market, the energy transition, and the rise of new technologies. This invaluable book will be welcomed by in-house lawyers, government officials, as well as academics and rest of the arbitration community involved in international arbitration with particular interest in the energy and natural resources sector.

Author : Lawrence W. Newman,Michael J. Radine
Publisher : Juris Publishing, Inc.
Page : 20 pages
File Size : 44,5 Mb
Release : 2014-04-01
Category : Law
ISBN : 9781937518431

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Soft Law in International Arbitration by Lawrence W. Newman,Michael J. Radine Pdf

Présentation de l'éditeur : "In recent years, a growing body of provisions called "protocols," "guidelines," "checklists" or even "rules" has emerged in international arbitration. Unlike national or international law, or institutional arbitral rules, these provisions are not "mandatory" for arbitration participants. They range from provisions that can be incorporated into the parties' agreement to arbitrate to suggestions as to the best practices that arbitrators and other arbitration participants may choose to follow. These materials are often collectively referred to as "soft law." Soft Law in International Arbitration provides a guide to what the editors consider to be the most useful of such materials. The book organizes these materials into five categories, each introduced with commentary by a prominent member of the international arbitration community. Thus, the eighteen documents contained in this book can be regarded as helping to fill in the spaces that substantive law and arbitration rules have intentionally left blank. Soft Law in International Arbitration is an indispensable commentary for practitioners and academics alike."

Author : Bernard Hanotiau,Eric A. Schwartz
Publisher : Kluwer Law International B.V.
Page : 232 pages
File Size : 55,5 Mb
Release : 2016-09-23
Category : Law
ISBN : 9789041183866

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Class and Group Actions in Arbitration by Bernard Hanotiau,Eric A. Schwartz Pdf

Several decades ago, a typical arbitration would involve one claimant against one respondent. Over the years, more and more cases involve several claimants against several respondents. Today, one third of all international ICC arbitrations seem to involve multiparty cases, multi-contract cases involving multiple contracts, multiple parties. The evolution has continued and the debate today is whether it would be possible for a class of people in the same situation or a group of citizens having the same interest to start one single arbitration procedure as a group or as a class. This publication examines the complex issues involved in class or group arbitration on a comparative law basis. Is there a place for such proceedings within the framework of the arbitration process? Class action procedures, as developed in the United States court system and more recently in Canada, are almost nonexistent in Europe. The European Commission has advocated collective redress as an important means of access to justice but class actions have found little enthusiasm in the Members States. The book highlights the lessons which have been learned from the experience of cases in the US and in Europe. What does the future hold for class, collective and mass arbitrations? Are they a marginal phenomenon or has their potential yet to be realized? What are possible solutions to the issues that have been encountered? Can we expect to see more of such arbitrations in the future? Written by arbitrators, academics and practitioners, this Dossier will provide the answers to these questions and many more.

Author : J Romesh Weeramantry
Publisher : OUP Oxford
Page : 1343 pages
File Size : 45,9 Mb
Release : 2012-03-08
Category : Law
ISBN : 9780191638176

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Treaty Interpretation in Investment Arbitration by J Romesh Weeramantry Pdf

The rise of investment arbitration in the last decade has generated an unprecedented body of arbitral case law. The work of these arbitral tribunals has provided scholars and practitioners with public international law jurisprudence, including materials on treaty interpretation which has not yet been thoroughly analysed. This book evaluates the contribution of investment arbitration treaty interpretation jurisprudence to international law, covering all key aspects of treaty interpretation. Included in the book's coverage are awards which feature in prominent discussions or in applications of treaty interpretation rules. Among the significant portion of arbitral awards analysed, which deal with investment treaties, are ICSID awards, ad hoc investment arbitration awards, NAFTA awards, and Energy Charter Treaty awards. The extensive analysis of investment arbitration awards and decisions has also been used to create a table highlighting both the references to principles of treaty interpretation and instances in which they were rejected. This invaluable insight into the practice of investment tribunals will be of interest to both practitioners and academics alike. Foreword by by Professor Michael Reisman, Yale Law School _

Author : John P. Sanderson,Matthew Wilson
Publisher : Canada Law Books
Page : 158 pages
File Size : 46,7 Mb
Release : 2013
Category : Arbitration, Industrial
ISBN : 0888046693

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Labour Arbitrations and All that by John P. Sanderson,Matthew Wilson Pdf

Author : Massimo V. Benedettelli
Publisher : Kluwer Law International B.V.
Page : 618 pages
File Size : 44,6 Mb
Release : 2020-12-09
Category : Law
ISBN : 9789041148285

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International Arbitration in Italy by Massimo V. Benedettelli Pdf

Arbitrating cross-border business disputes has been common practice in Italy since centuries. It is no wonder, then, that Italian arbitration law and jurisprudence are ample and sophisticated. Italian courts have already rendered thousands of judgments addressing complex problems hidden in the regulation of arbitration. Italian jurists have been among the outstanding members of the international arbitration community, starting from when back in 1958, Professor Eugenio Minoli was among the promoters of the New York Convention. Being Italy the third-largest economy in the European Union and the eighth-largest economy by nominal GDP in the world, it also comes as no surprise that Italian companies, and foreign companies with respect to the business they do in the Italian market, are among the main ‘users’ of international arbitration, nor that Italy is part to a network of more than 80 treaties aimed to protect inbound and outbound foreign direct investments and being the ground for investment arbitration cases. Moreover, in recent years, Italy has risen to prominence as a neutral arbitral seat, in particular for the settlement of ‘intra-Mediterranean’ disputes, also thanks to the reputation acquired by the Milan Chamber of Arbitration which has become one of the main European arbitral institutions. This book is the first commentary on international arbitration in Italy ever written in English. It is an indispensable tool for arbitrators, counsel, experts, officers of arbitral institutions and judges who happen to be involved in arbitral proceedings or arbitration-related court proceedings somewhat linked to the Italian legal system, either because Italy is the seat of the arbitration, the Italian jurisdiction has been ousted by a foreign-seated arbitration, the assistance of Italian courts is sought for the granting of interim measures or the enforcement of a foreign award or the arbitration results from a multilateral or bilateral investment protection treaty to which Italy is a party. This book may also be of general interest for scholars and practitioners of international arbitration at large to the extent that it deals with the ‘theory’ of international arbitration and illustrates original solutions offered by Italian arbitration law to various complex issues, such as: the potential conflicts (and required balance) between party autonomy and State sovereignty in the governance of arbitrations; the relationship between the New York Convention and the legal system of the State of the arbitral seat; the potential impact on cross-border arbitrations of insolvencies, human rights, or European Union law; the arbitrability of corporate disputes; the extension of arbitration agreements to ‘necessary parties’. Appendixes include an English translation of the main provisions of Italian law relevant to arbitration, a list of the investment protection treaties to which Italy is a party, and an English version of the Rules of Arbitration of the Milan Chamber of Arbitration. The author, who is full professor of international law, name partner of ArbLit (the first Italian boutique focusing on cross-border dispute settlement) and the current Italian member of the ICC Court of Arbitration, has written the book aiming to combine his academic background with his long-standing experience as counsel and arbitrator.

Author : Niuscha Bassiri,Maarten Draye
Publisher : Kluwer Law International B.V.
Page : 690 pages
File Size : 47,6 Mb
Release : 2016-03-24
Category : Law
ISBN : 9789041152404

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Arbitration in Belgium by Niuscha Bassiri,Maarten Draye Pdf

Despite the obvious advantages accruing from its central location and the presence of the EU institutions in its capital city Brussels, Belgium has never fully fulfilled its potential to emerge as an attractive jurisdiction for international arbitration. Now, however, with the adoption in 2013 of an entirely new arbitration law, and the accompanying overhaul of the rules of CEPANI, the Belgian Centre for Arbitration and Mediation, Brussels is poised to progress rapidly towards the top rank of European and global seats of arbitration. This is the first comprehensive treatise in English to provide practical guidance to arbitration practitioners, in-house counsel, and judges on how to conduct arbitrations in Belgium. To facilitate its use, it is structured as an article-by-article commentary on the 2013 Law addressing the following aspects of each article: • the purpose of the provision; • comparison with the UNCITRAL Model Law on Commercial Arbitration; • party autonomy; • issues of costs; and • interplay with the rules of other major arbitration institutions and the New York Convention. The core of each article commentary is an in-depth analysis that provides recommendations to practitioners and judges. The analysis goes beyond the contents of the commented article and deals with related issues that are not addressed expressly in the Law but may be of relevance for the issues covered in the provision in question. Arbitration professionals will find here convincing evidence of the liberal system for arbitration now prevailing in Belgium, along with rules that reflect the most recent trends in international practice. The description and analysis offered are sure to contribute to the recognition of Belgium as a global arbitral jurisdiction.