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Author : Anonim
Publisher : Unknown
Page : 732 pages
File Size : 48,6 Mb
Release : 1999
Category : Arbitration agreements, Commercial
ISBN : OCLC:1139274286
Author : A. J. van den Berg
Publisher : Springer
Page : 764 pages
File Size : 49,8 Mb
Release : 1999-10-14
Category : Law
ISBN : STANFORD:36105062046714
Preface --Opening Address --Welcoming Addresses --Keynote Addresses --Introduction --Arbitration Clauses: Achieving Effectiveness --Arbitration Procedure: Achieving Efficiency without Sacrificing Due Process --Arbitration Awards: Solving Problems of Enforcement --Plenary Session --Annex Convention on the Recognition and Enforcement of Foreign Arbitral Awards, New York, 10 June 1958 (not available on KluwerArbitration.com) --List of Oral Interventions --Tables.
Author : Gary B. Born
Publisher : Kluwer Law International B.V.
Page : 5388 pages
File Size : 45,7 Mb
Release : 2020-11-23
Category : Law
ISBN : 9789403526447
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.
Author : Philippe Fouchard,Berthold Goldman
Publisher : Kluwer Law International B.V.
Page : 1320 pages
File Size : 51,9 Mb
Release : 1999-09-02
Category : Law
ISBN : 9789041110251
Based on and includes revisions to : Traité de l'arbitrage commercial international / Ph. Fouchard, E. Gaillard, B. Goldman. 1996--Cf. foreword.
Author : James H. Carter,John Fellas
Publisher : Oxford University Press
Page : 725 pages
File Size : 52,5 Mb
Release : 2013
Category : Law
ISBN : 9780199938612
International Commercial Arbitration in New York focuses on the distinctive aspects of international arbitration in New York. Serving as an essential strategic guide, this book allows practitioners to represent clients more effectively in cases where New York is implicated as either the place of arbitration or evidence or assets are located in New York. Each chapter elucidates a vital topic, including the existing New York legal landscape, drafting considerations for clauses designating New York as the place of arbitration, and material and advice on selecting arbitrators. The book also covers a series of topics at the intersection of arbitral process and the New York courts, including jurisdiction, enforcing arbitration agreements, and obtaining preliminary relief and discovery. Class action arbitration, challenging and enforcing arbitral awards, and biographical materials on New York-based international arbitrators is also included, making this a comprehensive, valuable resource for practitioners.
Author : United Nations Commission on International Trade Law
Publisher : United Nations
Page : 352 pages
File Size : 50,9 Mb
Release : 2017-02-15
Category : Political Science
ISBN : 9789210583183
The New York Convention has served as the cornerstone of the international arbitration system since its signature in 1958 until the present day. The Guide on the New York Convention provides an insight on the application of the Convention by State courts. It was initiated in 2010 when UNCITRAL commissioned the assistance of Professors Gaillard and Bermann as part of its efforts to promote wider adherence to the text of the New York Convention as well as its uniform interpretation and effective implementation. The interpretation that derives from court decisions of diverse jurisdictions makes the Guide a unique tool to understand the New York Convention, an almost universally adopted text, and to monitor its application. This guide is mainly designed for legal practitioners.
Author : Gary B. Born
Publisher : Aspen Publishing
Page : 1237 pages
File Size : 50,7 Mb
Release : 2015-03-12
Category : Law
ISBN : 9781454860259
This important casebook is based upon one of the leading books in the field Born's treatise, International Commercial Arbitration. It offers a comprehensive approach to international commercial arbitration (focused on the New York Convention and UNCITRAL Model Law), while providing comparative examples drawn from state-to-state and investment arbitration. An easy-to-use chronological structure follows the course of an international arbitration. Features: Thoroughly revised to reflect amendments to UNCITRAL Rules, ICC Rules and other institutional arbitration rules New sections addressing IBA Guidelines on Party Representation in International Arbitration Revised to reflect amendments to representative national arbitration legislation in France, Singapore and elsewhere Streamlined excerpts of cases and awards; added excerpts of new arbitral awards on selected topics.
Author : Loukas A. Mistelis,Julian D. M. Lew
Publisher : Kluwer Law International B.V.
Page : 418 pages
File Size : 54,5 Mb
Release : 2006-01-01
Category : Law
ISBN : 9789041124500
"This important book will be of great interest to arbitration lawyers, international lawyers and business people, as well as to academics, libraries, and students of dispute resolution."--Publisher's website.
Author : Jeffrey Waincymer
Publisher : Kluwer Law International B.V.
Page : 1408 pages
File Size : 47,7 Mb
Release : 2012-05-23
Category : Law
ISBN : 9789041140678
Central to the book’s purpose is the procedural challenge facing arbitrators at each and every stage of the arbitral process when fairness arguments conflict with efficiency concerns and trade-offs must be determined. Some key themes include how can a tribunal be fair, and in particular be neutral, if parties are so diverse? How can arbitration be made efficient and cost-effective without undue inroads into fairness and accuracy? How does a tribunal do what is best if the parties are choosing a suboptimal process? When can or must an arbitrator ignore procedural choices made by the parties? The author thoroughly evaluates competing arguments and adds his own practical tips, expertly synthesizing and engaging with the conference literature and differing authors’ views. He identifies criteria that offer a harmonized approach to each stage of the arbitral process, with particular attention to such aspects of international arbitration as: appropriate trade-offs between flexibility and certainty; the rights, duties and powers of arbitrators; appointment and challenge of arbitrators; responses to ‘guerilla’ tactics; drafting of arbitration agreements, including specialty clauses; drafting of required commencement notices and response documents; set-off; fast track arbitration and other efficiency options; strategic use of preliminary conferences and timetabling; online arbitration; multi-party, multi-contract, class arbitration; amicus and third party funders; pre-arbitral referees and interim relief; witness evidence, both factual and expert; documentary evidence, production obligations, and challenges to production; identifying applicable law; and remedies and costs.
Author : Drossos Stamboulakis
Publisher : Cambridge University Press
Page : 303 pages
File Size : 45,7 Mb
Release : 2022-10-31
Category : Law
ISBN : 9781316513927
This book offers comparative insights into recognition and enforcement, informing decisions to implement, interpret, and apply emerging transnational judgments conventions.
Author : Renato Nazzini
Publisher : Taylor & Francis
Page : 373 pages
File Size : 45,5 Mb
Release : 2017-12-06
Category : Law
ISBN : 9781351984065
Transnational Construction Arbitration addresses topical issues in the field of dispute resolution in construction contracts from an international perspective. The book covers the role of arbitral institutions, arbitration and dispute resolution clauses, expert evidence, dispute adjudication boards and emergency arbitrator procedures, investment arbitration and the enforcement of arbitral awards. These topics are addressed by leading experts in the field, thus providing an insightful analysis that should be of interest for practitioners and academics alike.
Author : Alexander J. Belohlávek
Publisher : Juris Publishing, Inc.
Page : 2272 pages
File Size : 52,5 Mb
Release : 2013-03-01
Category : Law
ISBN : 9781937518189
A comprehensive review of the arbitration law and practice in the Czech Republic including: discussion of arbitration practice and procedure; an examination of the jurisdiction of the arbitral tribunal; the appointment of arbitrators including the challenge and replacement of arbitrators; an analysis of the various types of awards including a discussion on deliberations, agreements, settlements, and the costs of arbitration; a discussion on the amendment and challenge of awards including the liability of arbitrators; and, a review of the enforcement of domestic and foreign arbitration awards.
Author : United Nations Commission on International Trade Law
Publisher : United Nations
Page : 1448 pages
File Size : 49,6 Mb
Release : 2017-07-04
Category : Political Science
ISBN : 9789210583930
The Yearbook of the United Nations Commission on International Trade Law reproduces the substantive documents prepared each year for the Commission and its working groups. It also includes the annual report of the Commission, meeting records, General Assembly resolutions and Sixth Committee reports related to UNCITRAL’s work, and a bibliography of recent scholarly writings examining the legal texts prepared by UNCITRAL. The Yearbook is divided into three parts. Part One deals with the Commission’s report. Part Two covers studies and reports on specific subjects. Part Three contains meeting records, the bibliography and checklists of UNCITRAL documents.
Author : Herbert Kronke,Patricia Nacimiento,Dirk Otto
Publisher : Kluwer Law International B.V.
Page : 674 pages
File Size : 44,5 Mb
Release : 2010-01-01
Category : Law
ISBN : 9789041123565
The analysis thoroughly covers the major issues that have arisen in the application of the Convention, including the following: - the use of reservations made by Contracting States; - the distinctions between recognition and enforcement and between recognition sought at the seat of the arbitration and outside the seat; - the role of the courts in reviewing arbitral awards and, in particular, the Convention's focus on safeguarding due process standards; - the more favourable rightsA" principle embodied in Article VII(1); - the relevance of forum shopping and asset spotting to the application of the Convention; and - the role of formalities and formalism. The end result is an invaluable work that will prove enormously useful to all international commercial arbitration practitioners and scholars, regardless of location.
Author : Finn Madsen
Publisher : Oxford University Press
Page : 543 pages
File Size : 51,5 Mb
Release : 2007
Category : Law
ISBN : 9780195339703
"A commentary on the Arbitration Act (1999:116) and the rules of the Arbitration Institute of the Stockholm Chamber of Commerce."--T.p.
