International Arbitration And International Commercial Law

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International Arbitration and International Commercial Law

Eric E. Bergsten
International Arbitration and International Commercial Law Book PDF

Author : Eric E. Bergsten
Publisher : Kluwer Law International B.V.
Page : 882 pages
File Size : 40,9 Mb
Release : 2011-01-01
Category : Law
ISBN : 9789041135223

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International Arbitration and International Commercial Law by Eric E. Bergsten Pdf

Over the last half-century, as UNCITRAL official, professor, arbitrator and father of the Willem C. Vis Arbitration Moot, Eric Bergsten has been at the forefront of progress in international commercial arbitration. Now, on the occasion of his eightieth birthday, the international arbitration and sales law community has gathered to honour him with this substantial collection of new essays on the many facets of the field to which he continues to bring his intellect, integrity, inquisitive nature, eye for detail, precision, and commitment to public service. Celebrating the long-standing and sustained contribution Eric Bergsten has made in international commercial law, international arbitration, and legal education, more than fifty colleagues - among them quite a few of the best-known arbitrators and arbitration academics in the world - present 45 pieces that, individually both engaging and incisive, collectively present a thorough and far-reaching account of the state of the field today, with contributions covering international sales law, commercial law, commercial arbitration, and investment arbitration. In addition, nine essays on issues in legal education mirror the great importance of the renowned Willem C. Vis International Commercial Arbitration Moot, Eric's Vienna project which has offered a life-changing experience for so many young lawyers from all over the world.

International Commercial Arbitration

Franco Ferrari,Friedrich Rosenfeld,John Fellas
International Commercial Arbitration Book PDF

Author : Franco Ferrari,Friedrich Rosenfeld,John Fellas
Publisher : Edward Elgar Publishing
Page : 288 pages
File Size : 49,5 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.

International Arbitration and International Commercial Law

Stefan Kröll
International Arbitration and International Commercial Law Book PDF

Author : Stefan Kröll
Publisher : Kluwer Law International B.V.
Page : 882 pages
File Size : 50,7 Mb
Release : 2011-04-26
Category : Law
ISBN : 9789041137678

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International Arbitration and International Commercial Law by Stefan Kröll Pdf

Over the last half-century, as UNCITRAL official, professor, arbitrator and father of the Willem C. Vis Arbitration Moot, Eric Bergsten has been at the forefront of progress in international commercial arbitration. Now, on the occasion of his eightieth birthday, the international arbitration and sales law community has gathered to honour him with this substantial collection of new essays on the many facets of the field to which he continues to bring his intellect, integrity, inquisitive nature, eye for detail, precision, and commitment to public service. Celebrating the long-standing and sustained contribution Eric Bergsten has made in international commercial law, international arbitration, and legal education, more than fifty colleagues – among them quite a few of the best-known arbitrators and arbitration academics in the world – present 45 pieces that, individually both engaging and incisive, collectively present a thorough and far-reaching account of the state of the field today, with contributions covering international sales law, commercial law, commercial arbitration, and investment arbitration. In addition, nine essays on issues in legal education mirror the great importance of the renowned Willem C. Vis International Commercial Arbitration Moot, Eric’s Vienna project which has offered a life-changing experience for so many young lawyers from all over the world.

The Principles and Practice of International Commercial Arbitration

Margaret L. Moses
The Principles and Practice of International Commercial Arbitration Book PDF

Author : Margaret L. Moses
Publisher : Cambridge University Press
Page : 91 pages
File Size : 55,5 Mb
Release : 2008-03-17
Category : Law
ISBN : 9781139469975

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The Principles and Practice of International Commercial Arbitration by Margaret L. Moses Pdf

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.

Comparative International Commercial Arbitration

Julian D. M. Lew,Loukas A. Mistelis,Stefan Michael Kröll,Stefan Kröll
Comparative International Commercial Arbitration Book PDF

Author : Julian D. M. Lew,Loukas A. Mistelis,Stefan Michael Kröll,Stefan Kröll
Publisher : Kluwer Law International B.V.
Page : 994 pages
File Size : 51,8 Mb
Release : 2003-01-01
Category : Law
ISBN : 9789041115683

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Comparative International Commercial Arbitration by Julian D. M. Lew,Loukas A. Mistelis,Stefan Michael Kröll,Stefan Kröll Pdf

This treatise describes the practice of international commercial arbitration with reference to the major international treaties and instruments, arbitration rules and national laws. It provides an analysis of the interaction between party autonomy and arbitration practice.

Jurisdiction and Arbitration Agreements in International Commercial Law

Zheng Sophia Tang
Jurisdiction and Arbitration Agreements in International Commercial Law Book PDF

Author : Zheng Sophia Tang
Publisher : Routledge
Page : 312 pages
File Size : 51,5 Mb
Release : 2014-02-05
Category : Law
ISBN : 9781136013447

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Jurisdiction and Arbitration Agreements in International Commercial Law by Zheng Sophia Tang Pdf

Arbitration and jurisdiction agreements are frequently used in transnational commercial contracts to reduce risk, gain efficacy and acquire certainty and predictability. Because of the similarities between these two types of procedural autonomy agreements, they are often treated in a similar way by courts and practitioners. This book offers a comprehensive study of the prerequisites, effectiveness, and enforcement of exclusive jurisdiction and arbitration agreements in international dispute resolution. It examines whether jurisdiction and arbitration clauses have identical effects in private international law and whether they have been or should be given the same treatment by most countries in the world. By comparing the treatment of these clauses in the US, China, UK and EU, Zheng Sophia Tang demonstrates how, in practice, exclusive jurisdiction and arbitration agreements are enforced. The book considers whether the Hague Convention on Choice of Court Agreements could be treated as a litigating counterpart to the New York Convention, and whether it could work successfully to facilitate judicial cooperation and party autonomy in international commerce. This book breaks new ground in combining updated materials in EU, US and UK law with unique resources on Chinese law and practice. It will be valuable for academics and practitioners working in the field of private international law and international arbitration.

Law and Practice of International Commercial Arbitration

Alan Redfern
Law and Practice of International Commercial Arbitration Book PDF

Author : Alan Redfern
Publisher : Sweet & Maxwell
Page : 728 pages
File Size : 47,5 Mb
Release : 2004
Category : Law
ISBN : 0421862408

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Law and Practice of International Commercial Arbitration by Alan Redfern Pdf

Highly acclaimed by practitioners all over the world, Law & Practice of International Commercial Arbitration has deservedly become the leading text in its field. With its comprehensive review of the legal context within which international commercial arbitration operates, Redfern & Hunter is the ultimate user-friendly explanation of how arbitration, and in particular international commercial arbitration, works. The 4th edition has been expanded to give a wider global scope to the work. Readers can also benefit from the expert insight and advice of world-renowned international practitioners. international practitioner * Contains a comprehensive review of the international commercial arbitration process from start to finish * Includes commentary on suitable places of arbitration, developments in international trade law and the increasing harmonisation of national laws governing international arbitration * Appendices include the major international rules of arbitration and conventions * Explains how arbitration should be conducted to be cost effective and profitable * Fully updated to take account of the latest developments all over the world - including a new chapter on investment arbitrations

Jurisdiction, Admissibility and Choice of Law in International Arbitration: Liber Amicorum Michael Pryles

Neil Kaplan,Michael Moser
Jurisdiction Admissibility and Choice of Law in International Arbitration Liber Amicorum Michael Pryles Book PDF

Author : Neil Kaplan,Michael Moser
Publisher : Kluwer Law International B.V.
Page : 442 pages
File Size : 46,5 Mb
Release : 2016-04-24
Category : Law
ISBN : 9789041186386

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Jurisdiction, Admissibility and Choice of Law in International Arbitration: Liber Amicorum Michael Pryles by Neil Kaplan,Michael Moser Pdf

The distinguished international lawyer Michael Pryles, who launched a meteoric career as an arbitrator after many years of teaching and writing on conflicts of law and other topics, has made a mark on arbitral law and practice that is recognized worldwide. In this book, over forty prominent arbitrators and arbitration scholars offer insightful essays on the thorny matters of jurisdiction, admissibility and choice of law in arbitration – topics which have long interested Professor Pryles and are of wide interest. Among the specific issues and topics examined are the following: • res judicata; • investment arbitration; • free trade agreements; • party autonomy; • application of provisional measures; • issue estoppel; • evidentiary inferences; • interim measures; • emergency and default proceedings; • the intersection of financing and jurisdiction; • consolidation of cases; and • non-contractual claims. Remarkable for its roster of highly distinguished contributors, this book is the only in-depth treatment of its subject. By turns thought-provoking and practical, it is bound to appeal to and be put to use by arbitrators and other lawyers who handle international cases. It will also prove of great value to global law firms and companies doing transnational business.

International Commercial Arbitration: Commentary and Materials

Gary Born
International Commercial Arbitration Commentary and Materials Book PDF

Author : Gary Born
Publisher : BRILL
Page : 1171 pages
File Size : 43,8 Mb
Release : 2021-11-15
Category : Law
ISBN : 9789004502222

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International Commercial Arbitration: Commentary and Materials by Gary Born Pdf

International Commercial Arbitration contains detailed commentary, case analyses, and practice pointers. Full annotations and footnotes provide invaluable research assistance, while clearly-written analyses identify and discuss critical issues. Representative international arbitral awards and national court decisions are excerpted, and detailed reference is made to leading institutional rules. Detailed appendices, an easy-to-use Table of Contents, and an extensive index to aid research and provide ready access to key materials. Co-publication with Kluwer Law International. North American sales rights only. Published under the Transnational Publishers imprint. For class adoption a student edition is available for

International Arbitration Law and Practice, Third Edition

Mauro Rubino-Sammartano
International Arbitration Law and Practice Third Edition Book PDF

Author : Mauro Rubino-Sammartano
Publisher : Juris Publishing, Inc.
Page : 2072 pages
File Size : 40,6 Mb
Release : 2014-01-01
Category : Arbitration (International law)
ISBN : 9781937518158

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International Arbitration Law and Practice, Third Edition by Mauro Rubino-Sammartano Pdf

This third edition of International Arbitration Law and Practice has been largely enriched by covering international commercial arbitrations, investment treaty arbitrations, arbitrations between public bodies, between states and individuals, the UNCITRAL model law and Iran-US Tribunal proceedings as well as commodity arbitration, online arbitration and sports arbitral proceedings. International Arbitration Law and Practice, 3rd edition elaborates new concepts such as a definition of international arbitration based on procedural law (different from transnational law) and a doctrine (the tronc commun doctrine) to identify the applicable substantive law on disputes between parties belonging to different countries. It further suggests that a law of international arbitration has arisen from the various conventions and laws. Besides dealing with all the aspects of arbitration on a topic by topic basis, the writer presents a third generation arbitration which builds on analysis of major obstacles to a smooth running arbitration.International Arbitration Law and Practice, 3rd edition is a work that anyone involved in arbitral proceedings will find to be absolutely indispensable.

Arbitration of International Business Disputes

William W. Park
Arbitration of International Business Disputes Book PDF

Author : William W. Park
Publisher : OUP Oxford
Page : 1096 pages
File Size : 53,5 Mb
Release : 2012-09-20
Category : Law
ISBN : 9780191634819

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Arbitration of International Business Disputes by William W. Park Pdf

Arbitration of International Business Disputes 2nd edition is a fully revised and updated anthology of essays by Rusty Park, a leading scholar in international arbitration and a sought-after arbitrator for both commercial and investment treaty cases. This collection focuses on controversial questions in arbitration of trade, financial, and investment disputes. The essays address some of the most interesting topics in cross-border business dispute resolution, many of which have endured over several decades and remain subject to radically different views. Examples include the proper role of judicial review, the allocation of jurisdictional tasks, evolution of arbitration's statutory and treaty framework, free trade and bilateral investment agreements, and the balance between fixed rules and arbitral discretion. The book is structured around three themes: arbitration's legal framework; the conduct of arbitral proceedings; and a comparison of arbitration in specific fields such as finance, intellectual property, and taxation. In each of these areas, analysis includes the tensions between fairness and efficiency, and the accurate application of substantive law as well as the implications of mandatory procedural norms. Augmented by more than a dozen new contributions and a revised introduction, this 2nd edition retains all of its earlier practical and scholarly relevance, and includes a Foreword by V. V. (Johnny) Veeder QC.

Confidentiality in International Commercial Arbitration

Ileana M. Smeureanu
Confidentiality in International Commercial Arbitration Book PDF

Author : Ileana M. Smeureanu
Publisher : Kluwer Law International B.V.
Page : 242 pages
File Size : 45,7 Mb
Release : 2011-01-01
Category : Law
ISBN : 9789041132260

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Confidentiality in International Commercial Arbitration by Ileana M. Smeureanu Pdf

After neutrality and international enforcement, the next most valued feature of international commercial arbitration is confidentiality. For reasons easy to imagine, businessmen do not want their trade secrets, business plans, strategies, contracts, financial results or any other types of business information to be publicly accessible, as would commonly happen in court proceedings. Yet the case law of arbitration shows that in practical terms confidentiality is not to be taken for granted - in fact, it has become one of the most undetermined matters in international arbitration. Although 'the emperor of arbitration may have clothes, ' as one scholar has quipped, his raiments of secrecy can be 'torn with surprising ease'. This book deciphers the current degree of confidentiality in international commercial arbitration as reflected by the most important arbitration rules, national laws, other arbitration-related enactments, and practices of arbitral tribunals and domestic courts globally. Drawing on this data and analysis, the author then sets forth criteria to assess the breach of confidentiality in international arbitration and the proper rules for protecting or sanctioning such breaches. What do we understand by confidentiality in arbitration? What are its limitations? Who is bound to observe it? How can we quantify its breach? In addressing these questions, the book engages such issues as the following: reasons for disclosure - e.g., for the establishment of a defence, for the enforcement of rights, in the public interest or in the interests of justice disclosure by consent, express or implied; circumstances triggering statutory obligation of disclosure; recent trends towards greater transparency in investor-State arbitration; court measures in support of arbitral confidentiality such as award of damages for breach of confidentiality; and categories of persons bound by confidentiality, including third parties such as witnesses and experts. Structured along the main stages of the arbitral process, the analysis covers the duty of confidentiality from the initiation of arbitral proceedings through their unfolding to the issuance of the award and after. The scope of confidentiality is reviewed in the practice of arbitral tribunals and domestic courts, and from the perspective of international arbitration institutions, with detailed attention to various arbitration rules and numerous significant cases. In its elucidation of the amount of confidentiality that 'veils' each phase of the arbitral process, and its ground-breaking identification of 'patterns of disclosure', this book is sure to raise awareness about the various facets and problems posed by confidentiality in arbitration. Although its scholarly contribution to the law of international commercial arbitration cannot be gainsaid, corporate counsel worldwide will quickly prize its more practical value.

Arbitration and Mediation in International Business

Christian Bühring-Uhle,Lars Kirchhoff,Gabriele Scherer
Arbitration and Mediation in International Business Book PDF

Author : Christian Bühring-Uhle,Lars Kirchhoff,Gabriele Scherer
Publisher : Kluwer Law International B.V.
Page : 334 pages
File Size : 46,6 Mb
Release : 2006-01-01
Category : Law
ISBN : 9789041122568

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Arbitration and Mediation in International Business by Christian Bühring-Uhle,Lars Kirchhoff,Gabriele Scherer Pdf

"Arbitration and mediation in international business was first published in 1996 and was one of the first comprehensive studies on the practice of international business dispute resolution, covering both international commercial arbitration and the so-called ?alternative? techniques such as mediation. The book also provided an empirical analysis of how both arbitration and mediation are conducted in a crossborder context, along with a normative guide to the relative costs and benefits of these two methods. This second edition is not just an updated version of the first edition but a new book in itself: Benefitting from the contributions of two co-authors, the work has been enhanced by discussions of innovative tools for making settlement negotiations more effective, and by the in-depth analysis of practical techniques to integrate mediation and arbitration in international business. Also, a comprehensive new empirical survey was conducted in order to capture new trends in this rapidly developing field. The result is a ?must have? resource for anyone having to deal with potential conflict in international business relationships."--Publisher's website.

International Arbitration: Law and Practice

Gary B. Born
International Arbitration Law and Practice Book PDF

Author : Gary B. Born
Publisher : Kluwer Law International B.V.
Page : 627 pages
File Size : 52,6 Mb
Release : 2021-06-07
Category : Law
ISBN : 9789403532547

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International Arbitration: Law and Practice by Gary B. Born Pdf

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).

International Arbitration and EU Law

José R. Mata Dona,Nikos Lavranos
International Arbitration and EU Law Book PDF

Author : José R. Mata Dona,Nikos Lavranos
Publisher : Edward Elgar Publishing
Page : 643 pages
File Size : 55,6 Mb
Release : 2021-03-26
Category : Law
ISBN : 9781788974004

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International Arbitration and EU Law by José R. Mata Dona,Nikos Lavranos Pdf

This book examines the intersection of EU law and international arbitration based on the experience of leading practitioners in both commercial and investment treaty arbitration law. It expertly illustrates the depth and breadth of EU law’s impact on party autonomy and on the margin of appreciation available to arbitral tribunals.