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Author : Loukas A. Mistelis
Publisher : Unknown
Page : 1115 pages
File Size : 50,6 Mb
Release : 200?
Category : International commercial arbitration
ISBN : OCLC:851323464
Author : Franco Ferrari,Friedrich Rosenfeld,John Fellas
Publisher : Edward Elgar Publishing
Page : 288 pages
File Size : 44,5 Mb
Release : 2021-06-25
Category : Law
ISBN : 9781800882799
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 : Gary B. Born
Publisher : Kluwer Law International B.V.
Page : 627 pages
File Size : 47,8 Mb
Release : 2021-06-07
Category : Law
ISBN : 9789403532547
International Arbitration: Law and Practice (Third Edition) provides comprehensive and authoritative coverage of the basic principles and legal doctrines, and the practice, of international arbitration. The book contains a systematic, but concise, treatment of all aspects of the arbitral process, including international arbitration agreements, international arbitral proceedings and international arbitral awards. The Third Edition guides both students and practitioners through the entire arbitral process, beginning with drafting, enforcing and interpreting international arbitration agreements, to selecting arbitrators and conducting arbitral proceedings, to recognizing, enforcing and seeking to annul arbitral awards. The book is written in clear, accessible language, suited for both law students and non-specialist practitioners, as well as more experienced readers. This highly regarded work addresses both international commercial arbitration and the related fields of investment and state-to-state arbitration and is essential reading for any student of international arbitration and any practitioner seeking a complete introduction to the field. The Third Edition has been comprehensively updated to include recent legislative amendments, judicial decisions and arbitral awards. Among other things, the book provides detailed treatment of the New York Convention, the UNCITRAL Model Law on International Commercial Arbitration, all leading institutional arbitration rules (including ICC, SIAC, LCIA, AAA and others), the ICSID Convention and ICSID Arbitration Rules, and judicial decisions from leading jurisdictions. The Third Edition is integrated with the author’s classic International Commercial Arbitration and with the online Born International Arbitration Lectures, enabling students, teachers and practitioners to explore particular topics in more detail. About the Author: Gary B. Born is the world’s leading authority on international arbitration and litigation. He has practiced extensively in both fields in Europe, the United States, Asia and elsewhere. He is the author of International Commercial Arbitration (Kluwer Law International 3rd ed. 2021), International Arbitration and Forum Selection Agreements: Drafting and Enforcing (Kluwer Law International 6th ed. 2021), International Commercial Arbitration: Cases and Materials (Aspen 3rd ed. 2021) and International Civil Litigation in United States Courts (Aspen 6th ed. 2018).
Author : Jan Paulsson,Nigel Rawding,Lucy Reed
Publisher : Kluwer Law International B.V.
Page : 194 pages
File Size : 41,9 Mb
Release : 2011-01-01
Category : Law
ISBN : 9789041134004
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.
Author : Gary B. Born
Publisher : Kluwer Law International B.V.
Page : 505 pages
File Size : 44,7 Mb
Release : 2021-03-10
Category : Law
ISBN : 9789403532516
International Arbitration and Forum Selection Agreements: Drafting and Enforcing is a concise, practical primer on the fundamentals of drafting and enforcing international arbitration agreements and other dispute resolution clauses. Drawing on a wealth of practical experience and academic analysis by one of the world’s leading authorities on international arbitration and litigation, this extensively revised and expanded sixth edition provides model arbitration and forum selection clauses for international contracts and explains the advantages and disadvantages of different approaches to reducing the risks inherent in cross-border transactions. The book is an essential resource for any international practitioner or corporate counsel engaged in international matters. Key Features include: Discussion of practical reasons for international arbitration and forum selection clauses Uncomplicated and practical guidance on drafting international arbitration and forum selection clauses Do's and Don't's for drafting Model international arbitration and forum selection clauses that permit efficient and effective dispute resolution Nearly 100 different model provisions Ad hoc versus institutional arbitration clauses Overview of leading arbitral institutions (including ICC, SIAC, ICDR/AAA, LCIA, HKIAC, PCA, ICSID, WIPO, VIAC, DIS, NAI and CRCICA) Overview of advantages and disadvantages of leading arbitral seats Forum selection clauses for national and international courts Multi-tier dispute resolution provisions Optional provisions for international arbitration and forum selection clauses (including arbitrator selection, arbitral procedure, costs of arbitration, provisional measures, waiver of annulment and currency of award) Discussion of pathological arbitration clauses and commonly-encountered defects And covers: Updated extensively to address developments through January 2021 New materials covering international courts and choice-of-law provisions Key reference materials in easy-to-use appendices About the author: Gary B. Born is one of the world’s leading authorities on international arbitration and litigation. He has practiced extensively in both fields in Europe, the United States, and Asia. He is the author of International Commercial Arbitration (Kluwer Law International 3rd ed. 2021), International Arbitration: Law and Practice (Kluwer Law International 2nd ed. 2016), International Commercial Arbitration: Cases and Materials (Aspen 2nd ed. 2015) and International Civil Litigation in United States Courts (Aspen 6th ed. 2018).
Author : Frank-Bernd Weigand
Publisher : OUP Oxford
Page : 2585 pages
File Size : 54,7 Mb
Release : 2009-12-24
Category : Law
ISBN : 9780191579974
The Practitioner's Handbook on International Commercial Arbitration provides concise country reports on important jurisdictions for international arbitral proceedings, as well as commentaries on well-known arbitration rules which are frequently incorporated in international legal agreements. Most international commercial contracts now include an arbitration clause as an alternative to resolving disputes in the state courts. This second edition of the Practitioner's Handbook includes newly updated country chapters, expanded international coverage and commentary on the most important arbitration rules worldwide. It is written by world-leading arbitration practitioners and academics and combines a practical approach with in-depth legal research and analysis of important national and international case law. The book is unique in its coverage, providing uniformly designed country reports and thorough commentaries on internationally recognized arbitration rules in just one volume. There are individual chapters for the following countries: Austria, Belgium, China & Hong Kong, England, France, Germany, Italy, Netherlands, Singapore, Sweden, Switzerland, USA. Each country report covers: jurisdiction, the tribunal, arbitration procedure, the award, amendments and challenge to the award, liability of arbitrators and enforcement of national awards; and provides details of national arbitration laws, arbitral institutions in the jurisdiction, model arbitration clauses and a bibliography, including a list of key judicial decisions. The first edition was reviewed as "an outstanding book" and "an extremely useful tool". The work is an indispensable one-stop reference point for lawyers drafting international arbitration clauses or handling arbitration proceedings in different countries.
Author : Lucius R. Eastman Arbitration Library (New York, N.Y.)
Publisher : Dobbs Ferry, N.Y. : Published for the Eastman Library of the American Arbitration Association, by Oceana Publications
Page : 360 pages
File Size : 54,9 Mb
Release : 1970
Category : Business & Economics
ISBN : STANFORD:36105044213903
Dictionary of arbitration terms used in dispute settlement in the fields of work, trade and international relations - contains extensive bibliographys pp. 251 to 288 and texts of relevant legislation.
Author : Franco Ferrari,Friedrich Rosenfeld,Charles T. Kotuby, Jr.
Publisher : Edward Elgar Publishing
Page : 0 pages
File Size : 54,5 Mb
Release : 2023-01-12
Category : Arbitration agreements, Commercial
ISBN : 1035302063
This incisive book is an indispensable guide to the New York Convention's uniform regime on recognition and enforcement of foreign arbitral awards. Framing the Convention as a uniform law instrument, the book analyses case law from major arbitration jurisdictions to explain its scope of application, the duty to recognize arbitral agreements and awards as well as their limitations, and the procedure and formal requirements for enforcing arbitral awards. Combining insight from arbitration practice with perspectives from private international law, the book underlines the importance of the Convention's foundation in a treaty of international law, arguing that this entails a requirement to interpret the key concepts it sets forth based on international law rules of interpretation. However, it also demonstrates where municipal laws are relevant and discusses the private international law principles through which these instances can be identified. Addressing one of the core treaties of international arbitration, this will be crucial reading for legal practitioners and judges working in the field. It will also prove valuable to scholars and students of commercial and private international law, particularly those focused on cross-border disputes and arbitration.
Author : Daniel Girsberger,Nathalie Voser
Publisher : Nomos Verlagsgesellschaft
Page : 0 pages
File Size : 40,5 Mb
Release : 2016
Category : Arbitration and award
ISBN : 3848731533
This book was written by two internationally known experts in arbitration both as academics and as practitioners. Concise yet comprehensive, it describes and analyzes the law and practice of international arbitration by comparing various jurisdictions as well as different rules of arbitral institutions. While Swiss law and Switzerland as a place of arbitration remain a focus, comparative overviews are dealt with in separate sections allowing international readers to use them as a stand-alone source. The new edition is an introduction for students but at the same time it offers deepened perspectives for practitioners involved in arbitration (or the recognition and enforcement of arbitral awards). The third edition has been considerably expanded, completely revised and updated. It includes, among others, new chapters on sports and investment treaty arbitration.
Author : Yves Derains,Josefa Sicard-Mirabal
Publisher : Kluwer Law International B.V.
Page : 362 pages
File Size : 45,6 Mb
Release : 2018-10-17
Category : Law
ISBN : 9789041184016
Today thousands of investors act globally in markets providing services, technology or capital in countries all around the world. This activity can be peacefully accomplished when both the investor and the host State know that the disputes will be resolved under the aegis of the investor-State arbitration regime, wherein an investor is provided with a direct right of action against a State, most commonly stemming from a bilateral or multilateral investment treaty. This book approaches the substantive and sometimes difficult concepts of investor-State arbitration in a clear and concise explanatory fashion. In the course of acquainting the reader with the basic legal concepts and policies of the regime, the authors address such issues as the following: • consent to jurisdiction; • State responsibility; • possible conflict of interests; • mechanisms for reviewing an award; • damages and costs; and • enforcement. The book examines a number of arbitration procedures arising from various perspectives with differing underlying assumptions while highlighting important cases. Given that investor-State arbitration is now under the public watch and facing many challenges, this remarkably clear and concise overview of the regime will prove to be of great value to in-house counsel and other practitioners, as well as to government policymakers and students.x`
Author : Gary B. Born
Publisher : Unknown
Page : 326 pages
File Size : 51,6 Mb
Release : 2016
Category : Arbitration and award
ISBN : 9041183892
International Arbitration and Forum Selection Agreements: Drafting and Enforcing is a concise, practical primer on the fundamentals of drafting and enforcing international arbitration agreements and other dispute resolution clauses. Key Features Include: Discussion of practical reasons for international arbitration and forum selection clauses Uncomplicated and concise guidance on drafting international arbitration and forum selection clauses Do's and don't's for drafting Model international arbitration and forum selection clauses that permit efficient and effective dispute resolution: more than 50 different model provisions Ad hoc versus institutional arbitration clauses Overview leading arbitral institutions (including ICC, SIAC, ICDR/AAA, LCIA, HKIAC, PCA, ICSID, WIPO, VIAC, DIS, NAI and CRCICA) Overview of advantages and disadvantages of leading arbitral seats Multi-tier dispute resolution provisions Optional provisions for international arbitration and forum selection clauses (including arbitrator selection, arbitral procedure, costs of arbitration, provisional measures, waiver of annulment and currency of award) Discussion of pathological arbitration clauses and commonly-encountered defects
Author : K. P. Arnoldson,B. F. Dunelm
Publisher : Unknown
Page : 192 pages
File Size : 50,6 Mb
Release : 2017-09-05
Category : Electronic
ISBN : 0649668618
Author : Margaret L. Moses
Publisher : Cambridge University Press
Page : 91 pages
File Size : 48,7 Mb
Release : 2008-03-17
Category : Law
ISBN : 9781139469975
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.
Author : Mark Campbell
Publisher : Edward Elgar Publishing
Page : 0 pages
File Size : 50,5 Mb
Release : 2024-02-28
Category : Electronic
ISBN : 1802203729
Taking the UNCITRAL Model Law on International Commercial Arbitration as its basis, this concise and accessible book presents a cutting-edge account of the international arbitral process. Applying a chronological approach, the book will enable readers to gain an understanding of the arbitral process from start to finish. Chapters explore key topics including the general structure of international commercial arbitration, the Model Law, arbitration agreements, the arbitral tribunal, the conduct of arbitral proceedings, and the challenges to enforcement of arbitral awards. The book also highlights key underlying principles in international arbitration such as party autonomy, the finality of awards and the need to limit court intervention. Mark Campbell examines the harmonising aim of the Model Law, demonstrating how it acts as a blueprint for legislation on international commercial arbitration, and ties in relevant case law to give a holistic picture of international commercial arbitration in action. This book will prove indispensable to academics and students of international commercial law, arbitration and dispute resolution, who are seeking clarity on arbitral procedure. Legal practitioners will similarly benefit from this clear and concise guide to the application of the Model Law.
Author : Gary B. Born
Publisher : Kluwer Law International B.V.
Page : 5391 pages
File Size : 53,9 Mb
Release : 2014-10-01
Category : Law
ISBN : 9789041154156
The second edition of Gary Born's International Commercial Arbitration is an authoritative 4,408 page treatise, in three volumes, providing the most comprehensive commentary and analysis, on all aspects of the international commercial arbitration process, that is available. The first edition of International Commercial Arbitration is widely acknowledged as the preeminent commentary in the field. It was awarded the 2011 Certificate of Merit by the American Society of International Law and was voted the International Dispute Resolution Book of the Year by the Oil, Gas, Mining and Infrastructure Dispute Management list serve in 2010. The first edition has been extensively cited in national court decisions and arbitral awards around the world. The treatise comprehensively examines the law and practice of contemporary international commercial arbitration, thoroughly explicating all relevant international conventions, national arbitration statutes and institutional arbitration rules. It focuses on both international instruments (particularly the New York Convention) and national law provisions in all leading jurisdictions (including the UNCITRAL Model Law on International Commercial Arbitration). Practitioners, academics, clients, institutions and other users of international commercial arbitration will find clear and authoritative guidance in this work. The second edition of International Commercial Arbitration has been extensively revised, expanded and updated, to include all material legislative, judicial and arbitral authorities in the field of international arbitration prior to January 2014. It also includes expanded treatment of annulment, recognition of awards, counsel ethics, arbitrator independence and impartiality and applicable law. Overview of volumes: Volume I, covering International Arbitration Agreements,provides a comprehensive discussion of international commercial arbitration agreements. It includes chapters dealing with the legal framework for enforcing international arbitration agreements; the separability presumption; choice of law; formation and validity; nonarbitrability; competence-competence and the allocation of jurisdictional competence; the effects of arbitration agreements; interpretation and non-signatory issues. Volume II, covering International Arbitration Procedures, provides a detailed discussion of international arbitral procedures. It includes chapters dealing with the legal framework for international arbitral proceedings; the selection, challenge and replacement of arbitrators; the rights and duties of international arbitrators; selection of the arbitral seat; arbitration procedures; disclosure and discovery; provisional measures; consolidation, joinder and intervention; choice of substantive law; confidentiality; and legal representation and standards of professional conduct. Volume III, dealing with International Arbitral Awards, provides a detailed discussion of the issues arising from international arbitration awards. It includes chapters covering the form and contents of awards; the correction, interpretation and supplementation of awards; the annulment and confirmation of awards; the recognition and enforcement of arbitral awards; and issues of preclusion, lis pendens and staredecisis.