Explanatory Report On The European Convention Providing A Uniform Law On Arbitration

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Jurisdiction and Arbitration Clauses in Maritime Transport Documents

Author : Felix Sparka
Publisher : Springer Science & Business Media
Page : 294 pages
File Size : 55,9 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 HCCH 2019 Judgments Convention

Author : Matthias Weller,João Ribeiro-Bidaoui,Moritz Brinkmann,Nina Dethloff
Publisher : Bloomsbury Publishing
Page : 407 pages
File Size : 42,5 Mb
Release : 2023-05-18
Category : Law
ISBN : 9781509959549

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The HCCH 2019 Judgments Convention by Matthias Weller,João Ribeiro-Bidaoui,Moritz Brinkmann,Nina Dethloff Pdf

This book analyses, comments and further develops on the most important instrument of the Hague Conference on Private International Law (HCCH): the HCCH 2019 Judgments Convention. The HCCH Convention, the product of decades of work, will have a transformative effect on global judicial cooperation in civil matters. This book explores its 'mechanics', i.e. the legal cornerstones of the new Convention (Part I), its prospects in leading regions of the world (Part II), and offers an overview and comment on its outlook (Part III). Drawing on contributions from world-leading experts, this magisterial and ambitious work will become the reference work for law-makers, judges, lawyers and scholars in the field of private international law.

International Commercial Arbitration and the Brussels I Regulation

Author : Louise Hauberg Wilhelmsen
Publisher : Edward Elgar Publishing
Page : 288 pages
File Size : 47,8 Mb
Release : 2018-04-27
Category : Law
ISBN : 9781788115056

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International Commercial Arbitration and the Brussels I Regulation by Louise Hauberg Wilhelmsen Pdf

The Brussels I Regulation, which ensures the free circulation of judgments within the EU, was recently revised; one of the main issues addressed was whether the Regulation affects the efficient resolution of international commercial disputes through arbitration within the Union. This book provides an in depth examination of the interface between the Regulation and international commercial arbitration. The author demonstrates that the consequences of this interface can encourage the use of delaying tactics, hampering the efficient resolution of international disputes.

European Yearbook / Annuaire Europeen

Author : Council of Europe
Publisher : BRILL
Page : 1014 pages
File Size : 41,6 Mb
Release : 1969-01-07
Category : Law
ISBN : 902470930X

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European Yearbook / Annuaire Europeen by Council of Europe Pdf

The "European Yearbook promotes the scientific study of nineteen European supranational organisations and the Organisation for Economic Co-operation and Development (OECD). Each volume contains a detailed survey of the history, structure and yearly activities of each organisation and an up-to-date chart providing a clear overview of the member states of each organisation. Each volume contains a comprehensive bibliography covering the year's relevant publications.

Party-Appointed Arbitrators in International Commercial Arbitration

Author : Alfonso Gómez-Acebo
Publisher : Kluwer Law International B.V.
Page : 242 pages
File Size : 50,8 Mb
Release : 2016-04-26
Category : Law
ISBN : 9789041166852

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Party-Appointed Arbitrators in International Commercial Arbitration by Alfonso Gómez-Acebo Pdf

The agreement of disputing parties to each make a unilateral appointment of an arbitrator is among the most distinctive features of arbitral practice. A detailed examination, long overdue, of how this feature affects the actual process of arbitration is presented in this book. The study includes a historical analysis of unilateral nominations, a critical assessment of how the unilateral appointments system currently works and an empirical study of challenges of arbitrators. The author's critical assessment addresses several issues including: - limits to the right of the parties to make unilateral appointments; - the principle of equality of the parties in the constitution of the arbitral tribunal; - arbitrators’ duty to be impartial and independent; - specific problems of bias in tribunals with party-appointed members; - the question of whether a different standard of impartiality and independence in party-appointed arbitrators makes any sense; - the presumption that party-appointed arbitrators can do things that presiding arbitrators cannot; and - the question of whether it is worth keeping the system of unilateral appointments as the default method for the constitution of multiple-member tribunals, or keeping it at all. The empirical study, in which the author offers a comparative analysis of challenges of arbitrators taking into account the method of appointment of the arbitrator, reveals interesting differences and coincidences between party-appointed and non-party-appointed arbitrators. The book ends with some suggestions on how the system of unilateral appointments could be improved, namely in order to increase the trust of each party in the arbitrator appointed by the other party and to allow an accurate match between what arbitration end-users may want from party-appointed arbitrators and what they ultimately get. For both its thorough and well-informed analysis and its sound recommendations, the book is sure to be welcomed by professionals in the arbitral community worldwide, as well as by arbitration law academics.

Publications

Author : Council of Europe
Publisher : Unknown
Page : 68 pages
File Size : 50,9 Mb
Release : 1989
Category : European federation
ISBN : UCBK:C044807547

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Publications by Council of Europe Pdf

National Union Catalog

Author : Anonim
Publisher : Unknown
Page : 616 pages
File Size : 41,8 Mb
Release : 1978
Category : Union catalogs
ISBN : STANFORD:36105117176276

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National Union Catalog by Anonim Pdf

Catalogue of Publications

Author : Council of Europe
Publisher : Unknown
Page : 68 pages
File Size : 55,6 Mb
Release : 1982
Category : European federation
ISBN : UVA:X030352656

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Catalogue of Publications by Council of Europe Pdf

Justice

Author : Lord Dyson
Publisher : Bloomsbury Publishing
Page : 485 pages
File Size : 40,9 Mb
Release : 2018-02-08
Category : Law
ISBN : 9781509918812

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Justice by Lord Dyson Pdf

This selection of essays, speeches and personal reflections, draws on the analysis of one of the leading lawyers of a generation. Lord Dyson as Master of the Rolls and Head of the Civil Justice System oversaw a period of reform of both law and legal process. This collection discusses some key themes of, and challenges faced during, his tenure as one of the most senior lawyers in England and Wales. Through these insightful, engaging and compelling pieces, a picture emerges of a robust system of law whose core values can be plotted back to the Magna Carta, but which is flexible enough to respond to current changes without fracturing. A truly compelling exploration of continuity and change in the law by one of its key jurists.

The Present State of International Law and Other Essays

Author : Maarten Bos
Publisher : Springer
Page : 390 pages
File Size : 43,6 Mb
Release : 2013-11-22
Category : Law
ISBN : 9789401744973

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The Present State of International Law and Other Essays by Maarten Bos Pdf

In October I873, as every Conference Report recalls, the Associ ation for the Reform and Codification of the Law of Nations was founded in Brussels (Belgium). At the Brussels Conference of I895 the Association's name was changed and ever since it has been "The International Law Association". On August 30 and 3I and September I, I973, a Centenary Cele bration will be held in the Association's place of birth. In the course of preparations made for this triduum, plans were also laid by the Executive Council for a Centenary Volume to mark the event. The formula adopted for the book was mostly based on contributions by Chairmen and/or Rapporteurs of International Committees of the Association who were asked to shed light on "the present state" of their subject. Hence the title of the Volume. For good measure, vari ous other topics not coming under the terms of reference of Inter national Committees were added. Almost all of the authors invited responded favourably, and their studies are to be found in Part II, arranged in sections which have no other justification than the Editor's whim. It should be pointed out that Chairmen and/or Rapporteurs of International Committees wrote their articles a titre personnel and, therefore, cannot be deemed to express opinions held by their Com mittees as such. Part I contains the "other essays", dealing with the Association itself rather than with the present state of international law.

Publications of the Council of Europe

Author : Council of Europe
Publisher : Unknown
Page : 48 pages
File Size : 52,6 Mb
Release : 1969
Category : European federation
ISBN : MINN:31951002216459Y

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Publications of the Council of Europe by Council of Europe Pdf