Contemporary Issues In International Arbitration And Mediation The Fordham Papers 2014

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Contemporary Issues in International Arbitration and Mediation: The Fordham Papers 2014

Author : Arthur W. Rovine
Publisher : BRILL
Page : 498 pages
File Size : 42,7 Mb
Release : 2015-10-15
Category : Law
ISBN : 9789004305595

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Contemporary Issues in International Arbitration and Mediation: The Fordham Papers 2014 by Arthur W. Rovine Pdf

The 2014 volume of Contemporary Issues in International Arbitration and Mediation: The Fordham Papers is a collection of important works in the field written by the speakers at the 2014 Fordham Law School Conference on International Arbitration and Mediation, held in New York.

Contemporary Issues in International Arbitration and Mediation

Author : Arthur W. Rovine
Publisher : Martinus Nijhoff Publishers
Page : 565 pages
File Size : 46,9 Mb
Release : 2011-08-11
Category : Law
ISBN : 9789004206007

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Contemporary Issues in International Arbitration and Mediation by Arthur W. Rovine Pdf

The 2010 volume of Contemporary Issues in International Arbitration and Mediation - The Fordham Papers is a collection of important works in the field written by the speakers at the 2010 Fordham Law School Conference on International Arbitration and Mediation.

Contemporary Issues in International Arbitration and Mediation: The Fordham Papers (2012)

Author : Arthur W. Rovine
Publisher : Martinus Nijhoff Publishers
Page : 418 pages
File Size : 47,8 Mb
Release : 2013-10-02
Category : Law
ISBN : 9789004260207

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Contemporary Issues in International Arbitration and Mediation: The Fordham Papers (2012) by Arthur W. Rovine Pdf

The 2012 volume of Contemporary Issues in International Arbitration and Mediation: The Fordham Papers is a collection of important works in the field written by the speakers at the 2012 Fordham Law School Conference on International Arbitration and Mediation, held in London. The 22 papers are organized into the following five parts: Keynote Presentation by Charles N. Brower, Michael Pulos and Charles B. Rosenberg Part I: Investor-State Arbitration by Christoph Schreuer, Philippe Sands, Sam Wordsworth, Barton Legum, Gauthier Vannieuwenhuyse, Jarrod Wong, Donald Francis Donovan Part II: Arbitration of International Financial Disputes by Kenneth M. Kramer, Mark Kantor, Edna Sussman, Jennifer L. Gorskie Part III: Arbitration of International Construction Disputes by C. Mark Baker, Lucy Greenwood, Louis B. Kimmelman, Suyash Paliwal, C. Ryan Reetz, John W. Hinchey, Barbara Helene Steindl Part IV: Arbitration in Asia by Jessica Fei, Damien McDonald, Remington Huang, Michael Pryles, Lawrence Boo Part V: Mediation by Chris Newmark, Donna Ross, Nancy M. Thevenin

Contemporary Issues in International Arbitration and Mediation

Author : Arthur W. Rovine
Publisher : Martinus Nijhoff Publishers
Page : 507 pages
File Size : 43,7 Mb
Release : 2012-07-25
Category : Law
ISBN : 9789004230125

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Contemporary Issues in International Arbitration and Mediation by Arthur W. Rovine Pdf

These are the 2011 Fordham papers, the fifth annual volume of papers on international arbitration and mediation taken from the conference held at the Fordham Law School in New York City. The papers focus on both practical considerations and scholarly analyses.

Contemporary Issues in International Arbitration and Mediation

Author : Arthur W. Rovine
Publisher : BRILL
Page : 367 pages
File Size : 41,5 Mb
Release : 2008
Category : Law
ISBN : 9789004167384

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Contemporary Issues in International Arbitration and Mediation by Arthur W. Rovine Pdf

The 2007 volume of Contemporary Issues in International Arbitration and Mediation - The Fordham Papers is a collection of important works in international arbitration and mediation written by the prominent speakers at the 2007 Fordham Law School Conference on International Arbitration and Mediation. The 24 papers are organized into the following five parts:Part I: Investor-State ArbitrationPart II: Conduct of International Arbitration and Jurisdictional IssuesPart III: Remedies and DefensesPart IV: Ethics Issues in International ArbitrationPart V: Mediation

Contemporary Issues in International Arbitration and Mediation: The Fordham Papers (2009)

Author : Arthur W. Rovine
Publisher : BRILL
Page : 489 pages
File Size : 47,5 Mb
Release : 2010-05-20
Category : Law
ISBN : 9789004190047

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Contemporary Issues in International Arbitration and Mediation: The Fordham Papers (2009) by Arthur W. Rovine Pdf

The 2009 volume of Contemporary Issues in International Arbitration and Mediation - The Fordham Papers is a collection of important works in the field written by the speakers at the 2010 Fordham Law School Conference on International Arbitration and Mediation.

Contemporary Issues in International Arbitration and Mediation: The Fordham Papers (2008)

Author : Arthur W. Rovine
Publisher : BRILL
Page : 432 pages
File Size : 40,7 Mb
Release : 2009-06-24
Category : Law
ISBN : 9789047428992

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Contemporary Issues in International Arbitration and Mediation: The Fordham Papers (2008) by Arthur W. Rovine Pdf

The 2008 volume of Contemporary Issues in International Arbitration and Mediation - The Fordham Papers is a collection of important works in the field written by the speakers at the 2010 Fordham Law School Conference on International Arbitration and Mediation.

Contemporary Issues in International Arbitration and Mediation: The Fordham Papers 2015

Author : Arthur W. Rovine
Publisher : BRILL
Page : 256 pages
File Size : 50,7 Mb
Release : 2016-12-15
Category : Business & Economics
ISBN : 9789004334557

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Contemporary Issues in International Arbitration and Mediation: The Fordham Papers 2015 by Arthur W. Rovine Pdf

The 2015 volume of Contemporary Issues in International Arbitration and Mediation: The Fordham Papers is a collection of important works in the field written by the speakers at the 2015 Fordham Law School Conference on International Arbitration and Mediation.

Contemporary Issues in International Arbitration and Mediation: The Fordham Papers (2013)

Author : Arthur W. Rovine
Publisher : Martinus Nijhoff Publishers
Page : 579 pages
File Size : 41,7 Mb
Release : 2014-10-06
Category : Law
ISBN : 9789004274945

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Contemporary Issues in International Arbitration and Mediation: The Fordham Papers (2013) by Arthur W. Rovine Pdf

The 2013 volume of Contemporary Issues in International Arbitration and Mediation: The Fordham Papers 2013 is a collection of important works in the field written by the speakers at the 2013 Fordham Law School Conference on International Arbitration and Mediation, held in New York.

The Oxford Handbook of International Arbitration

Author : Thomas Schultz,Federico Ortino
Publisher : Oxford University Press, USA
Page : 1025 pages
File Size : 55,5 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.

International Commercial Arbitration

Author : Gary B. Born
Publisher : Kluwer Law International B.V.
Page : 5388 pages
File Size : 40,9 Mb
Release : 2020-11-23
Category : Law
ISBN : 9789403526447

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International Commercial Arbitration by Gary B. Born Pdf

International Commercial Arbitration is an authoritative 4,250 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 Third Edition of International Commercial Arbitration has been comprehensively revised, expanded and updated, To include all legislative, judicial and arbitral authorities, and other materials in the field of international arbitration prior to June 2020. It also includes expanded treatment of annulment, recognition of awards, counsel ethics, arbitrator independence and impartiality and applicable law. The revised 4,250 page text contains references to more than 20,000 cases, awards and other authorities and will enhance the treatise’s position as the world’s leading work on international arbitration. The first and second editions of International Commercial Arbitration have been routinely relied on by courts and arbitral tribunals around the world ((including the highest courts of the United States, United Kingdom, Singapore, India, Hong Kong, New Zealand, Australia, the Netherlands and Canada) and international arbitral tribunals (including ICC, SIAC, LCIA, AAA, ICSID, SCC and PCA), e.g.: U.S. Supreme Court – GE Energy Power Conversion France SAS, Corp. v. Outokumpu Stainless USA, LLC, 590 U.S. - (U.S. S.Ct. 2020); BG Group plc v. Republic of Argentina, 572 U.S. 25 (U.S. S.Ct. 2014); Canadian Supreme Court – Uber v. Heller, 2020 SCC 16 (Canadian S.Ct.); Yugraneft Corp. v. Rexx Mgt Corp., [2010] 1 R.C.S. 649, 661 (Canadian S.Ct.); U.K. Supreme Court – Jivraj v. Hashwani [2011] UKSC 40, ¶78 (U.K. S.Ct.); Dallah Real Estate & Tourism Holding Co. v. Ministry of Religious Affairs, Gov’t of Pakistan [2010] UKSC 46 (U.K. S.Ct.); Swiss Federal Tribunal – Judgment of 25 September 2014, DFT 5A_165/2014 (Swiss Fed. Trib.); Indian Supreme Court – Bharat Aluminium v. Kaiser Aluminium, C.A. No. 7019/2005, ¶¶138-39, 142, 148-49 (Indian S.Ct. 2012); Singapore Court of Appeal – Rakna Arakshaka Lanka Ltd v. Avant Garde Maritime Servs. Ltd, [2019] 2 SLR 131 (Singapore Ct. App.); PT Perusahaan Gas Negara (Persero) TBK v. CRW Joint Operation, [2015] SGCA 30 (Singapore Ct. App.); Larsen Oil & Gas Pte Ltd v. Petroprod Ltd, [2011] SGCA 21, ¶19 (Singapore Ct. App.); Australian Federal Court – Hancock Prospecting Pty Ltd v. Rinehart, [2017] FCAFC 170 (Australian Fed. Ct.); Hague Court of Appeal – Judgment of 18 February 2020, Case No. 200.197.079/01 (Hague Gerechtshof); Arbitral Tribunals – Lao Holdings NV v. Lao People's Democratic Republic I, Award in ICSID Case No. ARB(AF)/12/6, 6 August 2019; Gold Reserve Inc. v. Bolivarian Republic of Venezuela, Decision regarding the Claimant’s and the Respondent’s Requests for Corrections, ICSID Case No. ARB(AF)/09/1, 15 December 2014; Total SA v. The Argentine Republic, Decision on Stay of Enforcement of the Award, ICSID Case No. ARB/04/01, 4 December 2014; Millicom Int'l Operations B.V. v. Republic of Senegal, Decision on Jurisdiction of the Arbitral Tribunal, ICSID Case No. ARB/08/20, 16 July 2010; Lemire v. Ukraine, Dissenting Opinion of Jürgen Voss, ICSID Case No. ARB/06/18, 1 March 2011.

Handbook of Evidence in International Commercial Arbitration

Author : Franco Ferrari,Friedrich Rosenfeld
Publisher : Kluwer Law International B.V.
Page : 690 pages
File Size : 42,6 Mb
Release : 2022-04-07
Category : Law
ISBN : 9789403543246

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Handbook of Evidence in International Commercial Arbitration by Franco Ferrari,Friedrich Rosenfeld Pdf

In arbitration, evidence provides the basis for almost every decision, be it procedural, jurisdictional, or substantive. However, users from different legal traditions may not share the same understanding as to how an arbitral tribunal ought to proceed in this regard. Therefore, it is important for lawyers to know how to collect, develop, and present evidence in arbitration proceedings, not only from a legal perspective but also from a cultural point of view. It is against this backdrop that the editors have invited a diverse group of distinguished arbitration practitioners and academics to contribute to this matchless Handbook of Evidence in International Commercial Arbitration. Key concepts and issues related to evidence in arbitration covered include the following: the normative framework on evidence in arbitration proceedings; the burden and standard of proof; means of evidence, including documents, experts, and witnesses; questions of admissibility, including issues of privilege and confidentiality; the assessment of evidence and its probative value; court assistance and sanctions. With its systematic analysis of the key concepts of evidence, holistic discussion of the applicable normative framework, cross-cultural perspectives on the taking of evidence in arbitration, and reference to case law from major arbitration hubs, this book will become an undisputed point of reference for academics and practitioners alike. Critical acclaim: “This handbook elegantly captures the range of issues that arises regarding evidence in international arbitration. Bringing together the foremost experts in the field, each contribution offers a thoughtful analysis on these issues and the compilation deserves a prominent spot in every practitioner’s arbitral library.” Chiann Bao, Independent Arbitrator (Arbitration Chambers) and Vice President of the ICC Court of Arbitration “This publication well deserves recognition as a landmark handbook on evidence in international commercial arbitration. It comprehensively discusses the whole evidentiary process from its foundations taking a comparative and harmonizing perspective as well as the burden and standards of proof to the various evidentiary means up to the assessment of evidence. Written by leading academics and practitioners from all over the world, it will be a safe haven for anyone facing discrete evidentiary issues and looking for answers to fundamental or actual questions including as to privileges, confidentiality, virtual hearings or data protection.” Professor Filip De Ly, Chair of the ILA International Commercial Arbitration Committee

Alternative Dispute Resolution in Energy Industries

Author : Mustafa Oğuz Tuna
Publisher : Routledge
Page : 189 pages
File Size : 49,6 Mb
Release : 2022-04-03
Category : Law
ISBN : 9781000566000

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Alternative Dispute Resolution in Energy Industries by Mustafa Oğuz Tuna Pdf

The disputes that arise between host states and investors in the energy sector put a high number of valuable and vital projects in the countries at risk. Investment treaty arbitration mechanisms, as the traditional remedy, have provided a solution to these problems for decades. However, as the number of disputes increases, the sufficiency of arbitration in responding to disputes became questionable in addition to the long-lasting and costly cases. Accordingly, ADR mechanisms outside the arbitration cannon have triggered growing interest among practitioners. Despite the attraction and the apparent benefits of ADR such as being cheaper, faster and with better outcomes compared to arbitration, there are also hurdles in front that hinder the application of ADR. This has lead to the underuse of ADR in appropriate contexts. This study has been conducted to research the gap for the applicability of the ADR methods for investment disputes in the energy sector with the doctrinal analysis of the existing literature either promoting or opposing ADR. Its findings provide guidance for alternative dispute resolution practitioners on when to use ADR, how to use ADR and on what disputes ADR to be used to resolve conflicts in International Energy Investment.

Mediation in International Commercial and Investment Disputes

Author : Catharine Titi,Katia Fach Gómez
Publisher : Oxford University Press
Page : 400 pages
File Size : 52,8 Mb
Release : 2019-07-30
Category : Law
ISBN : 9780192562999

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Mediation in International Commercial and Investment Disputes by Catharine Titi,Katia Fach Gómez Pdf

Until now, the resolution of international commercial and investment disputes has been dominated almost exclusively by international arbitration. But that is changing. Whilst they may be complementary mechanisms, international mediation and conciliation are now coming to the fore. Mediation rules that were in disuse gather momentum, and dispute settlement centres are introducing new mediation rules. The European Union is encouraging international mediation in both the commercial and investment spheres. The 2019 Singapore Mediation Convention of the United Nations Commission on International Trade Law (UNCITRAL) is aiming to ensure enforcement of international commercial settlement agreements resulting from mediation. The first investor-State disputes are mediated under the International Bar Association (IBA) rules. The International Centre for Settlement of Investment Disputes (ICSID)'s conciliation mechanism is resorted to more often than in the past. The International Chamber of Commerce (ICC) has recently administered its first mediation case based on a bilateral investment treaty, and a new training market on mediation is flourishing. Mediation in Commercial and Investment Disputes brings together a line-up of outstanding, highly-qualified experts from academia, mediation and arbitration institutions, and international legal practice, to address this highly topical, complex subject from a variety of angles.

The International Arbitration Rulebook

Author : Arif Hyder Ali,Jane Wessel,Alexandre de Gramont,Ryan Mellske
Publisher : Kluwer Law International B.V.
Page : 547 pages
File Size : 44,8 Mb
Release : 2019-10-24
Category : Law
ISBN : 9789041189196

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The International Arbitration Rulebook by Arif Hyder Ali,Jane Wessel,Alexandre de Gramont,Ryan Mellske Pdf

The numerous arbitral regimes around the world differ in subtle yet complex ways. These variations can have a profound effect on the procedural rights and obligations of the parties. Broadly speaking, the choice of regime will impact the way in which an arbitration is conducted; its duration and expense; the outcome of the dispute; and the ultimate enforceability of the award. To inform the parties’ choice, this book is the first to deal specifically and in depth with a broad range of institutional and ad hoc arbitration rules on a comparative basis. It provides a practical guide to the rules in one book—a one-stop shop—from a distinctly “rule” and “guide” point of view. This book has its genesis in the authors’ experience as practitioners and educators in international commercial and investor-state arbitration—and as advisers to, and trainers for, arbitral institutions, arbitrators, judges and government officials around the world. This comprehensive, descriptive and analytical “road map” covers the broad range of issues addressed in nine representative major sets of arbitration rules. The authors detail the distinct ways in which rules governing such important issues as the following may differ among the various arbitral regimes: the governance structure and role of the administering institutions in the arbitration, including case management and administrative support; the critical and recommended issues to be established in the agreement to arbitrate, such as the place of arbitration and the governing law among others; the requirements and best practices for starting the arbitration on the right foot; the procedures for selecting, appointing and challenging arbitrators; the impact of the initial procedural conference on the proceedings; the rules on presenting the case in chief: written submissions, documentary evidence, witness and expert testimony and more; the costs and fees of leading institutions; the procedures and standards for award scrutiny and enforceability; and a range of special and innovative procedures such as expedited proceedings, interim relief and consolidation of proceedings. The comparative analysis is organized around the chronological phases of an international arbitration and supported by rule comparison tables and clear explanations of each step of the process. With this eminently practical book, contract negotiators, counsel and arbitrators can confidently navigate any international arbitration. Thorough coverage of the applicable rules and guidelines enables parties and/or the tribunal to design bespoke arbitration procedures based upon the various rules of leading regimes. Arbitral institutions can survey the different approaches and identify emerging best practices in the design and drafting of arbitral regimes. All in all, this volume is a useful guide and comprehensive framework of rules for both arbitration practitioners and users of arbitration services, as well as for students and teachers of international arbitration.