International Arbitration And Public Policy

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International Arbitration and Public Policy

Devin Bray,Heather L. Bray
International Arbitration and Public Policy Book PDF

Author : Devin Bray,Heather L. Bray
Publisher : Juris Publishing, Inc.
Page : 251 pages
File Size : 44,5 Mb
Release : 2014-10-01
Category : Arbitration and award
ISBN : 9781937518448

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International Arbitration and Public Policy by Devin Bray,Heather L. Bray Pdf

International Arbitration and Public Policy includes articles that originally appeared in the Stockholm Arbitration Report (SAR) and the Stockholm International Arbitration Review (SIAR). The articles have been revised and updated for this publication. The authors and articles selected include a wide range of perspectives and include judges, arbitrators, seasoned practitioners and well-respected scholars that can account for the first-hand practice-orientated developments of international arbitration. The book is set out in two parts. In the first part of the book the authors tackle the daunting task of articulating the architecture and function of international public policy, highlighting its domestic and transnational dimensions as well as procedural and substantive contours. In the second part of the book, the authors tease out specific manifestations of the international public policy concept, addressing issues commonly seen in the application of the public policy concept in various jurisdictions and regions of the world, including the United States, Sweden, Switzerland, Ukraine, and East Asia, as well as under New York Convention.

Enforcement of Foreign Arbitral Awards and the Public Policy Exception

Bruno Zeller,Gautam Mohanty,Sai Ramani Garimella
Enforcement of Foreign Arbitral Awards and the Public Policy Exception Book PDF

Author : Bruno Zeller,Gautam Mohanty,Sai Ramani Garimella
Publisher : Springer Nature
Page : 194 pages
File Size : 49,6 Mb
Release : 2021-07-22
Category : Law
ISBN : 9789811626340

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Enforcement of Foreign Arbitral Awards and the Public Policy Exception by Bruno Zeller,Gautam Mohanty,Sai Ramani Garimella Pdf

The book presents arguments derived from primary sources related to international arbitration in South Asian jurisdictions, a list of the same is made available therein. The book is a research statement on the contemporary concerns within international commercial arbitration, especially related to enforcement of foreign arbitral awards. Importantly, the book through a unique methodology of interface, presents the gratuitous nature of Article 34 of the UNCITRAL Model Law when read with Article V of the New York Convention, especially the plea to the States within Article VII of the same Convention to ease the restrictions and the process of enforceability of foreign arbitral awards. The book also articulates another important and immediate need with regard to international arbitration – the delimitation of public policy exception to recognition and enforcement of foreign arbitral awards. It critiques the jurisprudence related to arbitration in jurisdictions spread across different geographic regions, thereby enabling the reader to gain an insight into their practices, apart from ensuring a comparative perspective. The book addresses the primary concern related to international arbitration – enforcement of foreign arbitral awards and the grounds for challenges articulated within the New York Convention and the UNCITRAL Model Law. It addresses these grounds, and articulates the necessity for carving the criteria for the application of public policy exception. The book will not only be a useful resource for policy makers, students and researchers interested in international commercial arbitration, and private international law, but also for practitioners working on dispute resolution in trans-jurisdictional disputes in South Asia and beyond. “...The present book is not just another book contributing to the endless list of literature already widely used in International Commercial Arbitration on public policy but, in my opinion, is unique in many respects. The distinguishing factor of this book is its regional perspective..." - Justice Deepak Verma, Former Judge of Supreme Court of India and Arbitrator “...This book addresses this core element of the success story of arbitration: enforcement and refusal to enforce and, hence, its relevance cannot be overstated...” - Csongor István Nagy, Professor of Law and Head, Department of Private International Law, University of Szeged, Hungary Detailed Forewords are available in the book and can be freely downloaded from https://link.springer.com/book/10.1007/978-981-16-2634-0

The Oxford Handbook of International Arbitration

Thomas Schultz,Federico Ortino
The Oxford Handbook of International Arbitration Book PDF

Author : Thomas Schultz,Federico Ortino
Publisher : Oxford University Press
Page : 1008 pages
File Size : 42,5 Mb
Release : 2020-09-11
Category : Law
ISBN : 9780192515964

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The Oxford Handbook of International Arbitration by Thomas Schultz,Federico Ortino Pdf

This Handbook brings together many of the key scholars and leading practitioners in international arbitration, to present and examine cutting-edge knowledge in the field. Innovative in its breadth of coverage, chapter-topics range from the practicalities of how arbitration works, to big picture discussions of the actors involved and the values that underpin it. The book includes critical analysis of some of international arbitrations most controversial aspects, whilst providing a nuanced account overall that allows readers to draw their own informed conclusions. The book is divided into six parts, after an introduction discussing the formation of knowledge in the field. Part I provides an overview of the key legal notions needed to understand how international arbitration technically works, such as the relation between arbitration and law, the power of arbitral tribunals to make decisions, the appointment of arbitrators, and the role of public policy. Part II focuses on key actors in international arbitration, such as arbitrators, parties choosing arbitrators, and civil society. Part III examines the central values at stake in the field, including efficiency, legal certainty, and constitutional ideals. Part IV discusses intellectual paradigms structuring the thinking in and about international arbitration, such as the idea of autonomous transnational legal orders and conflicts of law. Part V presents the empirical evidence we currently have about the operations and effects of both commercial and investment arbitration. Finally, Part VI provides different disciplinary perspectives on international arbitration, including historical, sociological, literary, economic, and psychological accounts.

The Review of International Arbitral Awards

Emmanuel Gaillard
The Review of International Arbitral Awards Book PDF

Author : Emmanuel Gaillard
Publisher : Juris Publishing, Inc.
Page : 506 pages
File Size : 46,7 Mb
Release : 2010-12-01
Category : Arbitration and award
ISBN : 9781933833330

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The Review of International Arbitral Awards by Emmanuel Gaillard Pdf

In intemational arbitration, as in any other system of adjudication, finality of the decision must be balanced against the need to ensure that justice has been administered fairly. Because finality is one of its essential features, international arbitration has reached an equilibrium which guarantees to the parties a decision that cannot be appealed, while allowing a review of arbitral awards on limited grounds. The review of international arbitral awards was the topic of the inaugural IAI forum, on the occasion of which 50 prominent academics, judges, arbitrators and practitioners active in the field of international arbitration convened in the legendary Clos de Vougeot, in the heart of Burgundy for a two-day retreat. The presentations were followed by extensive discussion, the transcript of which is included in the present volume. The International Arbitration Institute (IAI) was established in Paris with the purpose of promoting communication and exchanges on current international arbitration issues. It now includes over 600 members residing in 44 countries. For further detail, see www.iaiparis.com.

International Arbitration in Times of Economic Nationalism

Bjorn Arp,Rodrigo Polanco
International Arbitration in Times of Economic Nationalism Book PDF

Author : Bjorn Arp,Rodrigo Polanco
Publisher : Kluwer Law International B.V.
Page : 324 pages
File Size : 41,5 Mb
Release : 2022-07-06
Category : Law
ISBN : 9789403546933

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International Arbitration in Times of Economic Nationalism by Bjorn Arp,Rodrigo Polanco Pdf

Numerous developments across the world in recent years bear witness to States’ increasing skepticism about the benefits of international cooperation and the efficiency of international economic law understood as a multilateral set of rules equally binding on all States. This timely book reviews situations where this new economic nationalism may impact the way arbitration—in both commercial and investment disputes—is practiced. Distinguished international arbitrators and academic experts analyze a wide array of topics, covering a broad spectrum of juristic traditions, geographic areas, foreign investment protection laws, and dispute resolution mechanisms and issues. Topics covered include the following: evolution of the definitions of arbitrable standards; amendments to procedural rules; States’ policy choices as reflected in recent investment treaties; procedural trends to restrict access to investment arbitration; the effects of the Achmea decision in the European Union; growing use of the public policy exception; dispute settlement of public-private partnership agreements; and diversification of dispute resolution methods (e.g., business courts). An important feature of the book is the ability it offers to compare various contemporary transformations of dispute settlement mechanisms, with attention to developments in a number of jurisdictions including the United States, the European Union, China, Canada, Switzerland, Turkey, and the Latin American countries. With its comprehensive analysis of how economic nationalism may lead to limiting the jurisdictional, procedural, and substantive scope of arbitration, the authors underscore the crucial importance of a robust system of international arbitration of economic disputes to ensure a stable and secure world order. The global coverage of the contributions and the insightful views offered in them speak eloquently about their usefulness and outreach for arbitration practitioners and scholars, as well as for professionals involved in drafting policies for economic development or in the negotiation of investment agreements.

The Evolution of International Arbitration

Alec Stone Sweet,Florian Grisel
The Evolution of International Arbitration Book PDF

Author : Alec Stone Sweet,Florian Grisel
Publisher : Oxford University Press
Page : 273 pages
File Size : 53,7 Mb
Release : 2017
Category : Law
ISBN : 9780198739722

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The Evolution of International Arbitration by Alec Stone Sweet,Florian Grisel Pdf

This book charts and assesses the extent to which the major arbitration houses, including the International Chamber of Commerce and the International Centre for the Settlement of Investment Disputes, are evolving governance functions that would normally be associated with state courts.

International Arbitration and Global Governance

Walter Mattli,Thomas Dietz
International Arbitration and Global Governance Book PDF

Author : Walter Mattli,Thomas Dietz
Publisher : OUP Oxford
Page : 272 pages
File Size : 49,9 Mb
Release : 2014-07-18
Category : Political Science
ISBN : 9780191026133

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International Arbitration and Global Governance by Walter Mattli,Thomas Dietz Pdf

Most literature on international arbitration is practice-oriented, technical, and promotional. It is by arbitrators and largely for arbitrators and their clients. Outside analyses by non-participants are still very rare. This book boldly steps away from this tradition of scholarship to reflect analytically on international arbitration as a form of global governance. It thus contributes to a rapidly growing literature that describes the profound economic, legal, and political transformation in which key governance functions are increasingly exercised by a new constellation that include actors other than national public authorities. The book brings together leading scholars from law and the social sciences to assess and critically reflect on the significance and implications of international arbitration as a new locus of global private authority. The views predictably diverge. Some see the evolution of these private courts positively as a significant element of an emerging transnational private legal system that gradually evolves according to the needs of market actors without much state interference. Others fear that private courts allow transnational actors to circumvent state regulation and create an illegitimate judicial system that is driven by powerful transnational companies at the expense of collective public interests. Still others accept that these contrasting views serve as useful starting points of an analysis but are too simplistic to adequately understand the complex governance structures that international arbitration courts have been developing over the last two decades. In sum, this book offers a wide-ranging and up-to-date analytical overview of arguments in a vigorous nascent interdisciplinary debate about arbitration courts and their exercise of private governance power in the transnational realm. This debate is generating fascinating new insights into such central topics as legitimacy, constitutional order and justice beyond classical nation state institutions.

The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes

Zena Prodromou
The Public Order Exception in International Trade Investment Human Rights and Commercial Disputes Book PDF

Author : Zena Prodromou
Publisher : Kluwer Law International B.V.
Page : 313 pages
File Size : 53,5 Mb
Release : 2020-08-12
Category : Law
ISBN : 9789403520018

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The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes by Zena Prodromou Pdf

In the process of resolving disputes, it is not uncommon for parties to justify actions otherwise in breach of their obligations by invoking the need to protect some aspect of the elusive concept of public order. Until this thoroughly researched book, the criteria and factors against which international dispute bodies assess such claims have remained unclear. Now, by providing an in-depth comparative analysis of relevant jurisprudence under four distinct international dispute resolution systems – trade, investment, human rights and international commercial arbitration – the author of this invaluable book identifies common core benchmarks for the application of the public order exception. To achieve the broadest possible scope for her analysis, the author examines the public order exception’s function, role and application within the following international dispute resolution systems: relevant World Trade Organization (WTO) agreements as enforced by the organization’s Dispute Settlement Body and Appellate Body; international investment agreements as enforced by competent Arbitral Tribunals and Annulment Committees under the International Center for Settlement of Investment Disputes; provisions under the Inter-American Convention of Human Rights and the European Convention of Human Rights as enforced by the Inter-American Court of Human Rights and the European Court of Human Rights, respectively; and the New York Convention as enforced by national tribunals across the world. Controversies, tensions and pitfalls inherent in invoking the public order exception are elucidated, along with clear guidelines on how arguments may be crafted in order to enhance prospects of success. Throughout, tables and graphs systematize key aspects of the relevant jurisprudence under each of the dispute resolution systems analysed. As an immediate practical resource for lawyers on any side of a dispute who wish to invoke or strengthen a public order exception claim, the book’s systematic analysis will be welcomed by lawyers active in WTO disputes, international investment arbitration, human rights law or enforcement of foreign arbitral awards. Academics and policymakers will find a signal contribution to the ongoing debate on the existence, legal basis, content and functions of the transnational public order.

International Dispute Resolution and the Public Policy Exception

Farshad Ghodoosi
International Dispute Resolution and the Public Policy Exception Book PDF

Author : Farshad Ghodoosi
Publisher : Routledge
Page : 169 pages
File Size : 42,9 Mb
Release : 2016-06-10
Category : Law
ISBN : 9781317292838

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International Dispute Resolution and the Public Policy Exception by Farshad Ghodoosi Pdf

Despite the unprecedented growth of arbitration and other means of ADR in treaties and transnational contracts in recent years, there remains no clearly defined mechanism for control of the system. One of the oldest yet largely marginalized concepts in law is the public policy exception. This doctrine grants discretion to courts to set aside private legal arrangements, including arbitration, which might be considered harmful to the "public". The exceptional and vague nature of the doctrine, along with the strong push of actors in dispute resolution, has transformed it, in certain jurisdictions, to a toothless doctrine. At the international level, the notion of transnational public policy has been devised in order to capture norms that are "truly" transnational and amenable for application in cross-border litigations. Yet, despite the importance of this discussion—a safety valve and a control mechanism for today’s international and domestic international dispute resolution— no major study has ventured to review and analyze it. This book provides a historical, theoretical and practical background on public policy in dispute resolution with a focus on cross-border and transnational disputes. Farshad Ghodoosi argues that courts should adopt a more systemic approach to public policy while rejecting notions such as transnational public policy, which limits the application of those norms with mandatory nature. Contrary to the current trend, the book invites the reader to re-conceptualize the role of public policy, and transnational dispute resolution, in order to have more sustainable, fair and efficient mechanisms for resolving disputes outside of national courts. The book sheds light on one of the most important yet often-neglected control mechanisms of today’s international dispute resolution and will be of particular interest to students and academics in the fields of International Investment Law, International Trade Law, Business and Economics.

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 : 53,7 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).

Legal Theory of International Arbitration

Emmanuel Gaillard
Legal Theory of International Arbitration Book PDF

Author : Emmanuel Gaillard
Publisher : BRILL
Page : 204 pages
File Size : 49,6 Mb
Release : 2010-05-03
Category : Law
ISBN : 9789004187153

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Legal Theory of International Arbitration by Emmanuel Gaillard Pdf

The present work, based on a Course given at The Hague Academy of International Law in the Summer 2007, identifies the philosophical postulates that underlie this field of study and shows their profound coherence and the practical consequences that follow from these postulates in the resolution of international disputes.

International Arbitration: Law and Practice in Switzerland

Gabrielle Kaufmann-Kohler,Antonio Rigozzi
International Arbitration Law and Practice in Switzerland Book PDF

Author : Gabrielle Kaufmann-Kohler,Antonio Rigozzi
Publisher : Oxford University Press
Page : 672 pages
File Size : 42,7 Mb
Release : 2015-10-22
Category : Law
ISBN : 9780191669187

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International Arbitration: Law and Practice in Switzerland by Gabrielle Kaufmann-Kohler,Antonio Rigozzi Pdf

This book expounds the theory of international arbitration law. It explains in easily accessible terms all the fundamentals of arbitration, from separability of the arbitration agreement to competence-competence over procedural autonomy, finality of the award, and many other concepts. It does so with a focus on international arbitration law and jurisprudence in Switzerland, a global leader in the field. With a broader reach than a commentary of Chapter 12 of the Swiss Private International Law Act, the discussion contains numerous references to comparative law and its developments in addition to an extensive review of the practice of international tribunals. Written by two well-known specialists - Professor Kaufmann-Kohler being one of the leading arbitrators worldwide and Professor Rigozzi one of the foremost experts in sports arbitration - the work reflects many years of experience in managing arbitral proceedings involving commercial, investment, and sports disputes. This expertise is the basis for the solutions proposed to resolve the many practical issues that may arise in the course of an arbitration. It also informs the discussion of the arbitration rules addressed in the book, from the ICC Arbitration Rules to the Swiss Rules of International Arbitration, the CAS Code, and the UNCITRAL Rules. While the book covers commercial and sports arbitrations primarily, it also applies to investment arbitrations conducted under rules other than the ICSID framework.

The Oxford Handbook of International Arbitration

Thomas Schultz,Federico Ortino
The Oxford Handbook of International Arbitration Book PDF

Author : Thomas Schultz,Federico Ortino
Publisher : Oxford University Press
Page : 1008 pages
File Size : 44,7 Mb
Release : 2020-09-11
Category : Law
ISBN : 9780192515971

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The Oxford Handbook of International Arbitration by Thomas Schultz,Federico Ortino Pdf

This Handbook brings together many of the key scholars and leading practitioners in international arbitration, to present and examine cutting-edge knowledge in the field. Innovative in its breadth of coverage, chapter-topics range from the practicalities of how arbitration works, to big picture discussions of the actors involved and the values that underpin it. The book includes critical analysis of some of international arbitrations most controversial aspects, whilst providing a nuanced account overall that allows readers to draw their own informed conclusions. The book is divided into six parts, after an introduction discussing the formation of knowledge in the field. Part I provides an overview of the key legal notions needed to understand how international arbitration technically works, such as the relation between arbitration and law, the power of arbitral tribunals to make decisions, the appointment of arbitrators, and the role of public policy. Part II focuses on key actors in international arbitration, such as arbitrators, parties choosing arbitrators, and civil society. Part III examines the central values at stake in the field, including efficiency, legal certainty, and constitutional ideals. Part IV discusses intellectual paradigms structuring the thinking in and about international arbitration, such as the idea of autonomous transnational legal orders and conflicts of law. Part V presents the empirical evidence we currently have about the operations and effects of both commercial and investment arbitration. Finally, Part VI provides different disciplinary perspectives on international arbitration, including historical, sociological, literary, economic, and psychological accounts.

International Arbitration and the Rule of Law

Anonim
International Arbitration and the Rule of Law Book PDF

Author : Anonim
Publisher : Kluwer Law International B.V.
Page : 1120 pages
File Size : 54,8 Mb
Release : 2017-09-22
Category : Law
ISBN : 9789041194466

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International Arbitration and the Rule of Law by Anonim Pdf

Volume 19 of the Congress Series contains the proceedings of ICCA's 2016 Mauritius Congress, the first ICCA Congress held in Africa. In this volume, renowned practitioners, scholars and jurists from the region and around the world explore the contribution of arbitration to the rule of law and economic development; the conformity of arbitration with international standards of due process and the rule of law; and the benefits and challenges of arbitration in Africa. Topical issues of interest for practitioners, academics and students of arbitration - in the region and internationally - include: • Due process issues in constituting the arbitral tribunal and challenging its members • Interim measures issued by arbitral tribunals and domestic courts • Burden, standard and types of proof in the corruption defence • What to do (and what to avoid doing) to prepare a persuasive case • Do post-award remedies ensure conformity of the arbitral process with the rule of law? • Do rules and guidelines properly regulate the conduct of arbitration? • The interface between domestic courts and arbitral tribunals • What are appropriate remedies for findings of illegality in investment arbitration? • The effect of foreign national court judgments relating to the arbitral award • What does the future hold for investment arbitration in Africa and beyond?

The Public Policy Exception in the Judicial Review of International Commercial Arbitral Awards

Shu Zhang
The Public Policy Exception in the Judicial Review of International Commercial Arbitral Awards Book PDF

Author : Shu Zhang
Publisher : Springer Nature
Page : 345 pages
File Size : 51,5 Mb
Release : 2023-09-19
Category : Law
ISBN : 9783662676790

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The Public Policy Exception in the Judicial Review of International Commercial Arbitral Awards by Shu Zhang Pdf

This book systematically examines how the Chinese arbitration law system responds to the application of the public policy exception in the judicial review of international arbitral awards. The discussion is based on a general understanding of the legal concept of public policy in international arbitration practice and the understanding developed in Chinese arbitration law and judicial practice. In focusing on both international developments and Chinese arbitral and judicial practice, this book provides some lessons from and for China. The book is based on a review of both legislation and cases in China and a comparison with the international trends and consensuses, as well as a systematic assessment of China’s performance in defining and applying public policy in the judicial review of international commercial arbitral awards. Valuable insights are provided on the basis of detailed analysis of the relevant cases. In this context, the author raised and examined a few key questions to be answered by the judicial practice, including: the international/national nature of public policy, the key elements of public policy, and the appropriate boundaries of judicial review. The author also highlighted a few unique legal concepts and approaches adopted in the Chinese context and evaluated its impacts on foreign parties and practitioners dealing with arbitration issues in China. It is proposed that, in the context of China’s recent law reforms, further steps are expected to be taken by the Chinese legal system in order to achieve a more comprehensive view of the public policy exception that is consistent with the globalized trend of a converging understanding of public policy in international arbitration.