International Arbitration From Athens To Locarno

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International Arbitration from Athens to Locarno

Author : Jackson H. Ralston
Publisher : The Lawbook Exchange, Ltd.
Page : 434 pages
File Size : 42,6 Mb
Release : 2004
Category : Arbitration, International
ISBN : 9781584773962

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International Arbitration from Athens to Locarno by Jackson H. Ralston Pdf

Written from the perspective of a professional, this study is notable for its deep understanding of history and the nature of international arbitration. Originally published: Stanford University Press, 1929. xvi, 417 pp. The book is divided into five parts. Part I: General Principles of Judicial Settlement between Nations. Part II: Influences working toward Judicial Settlement. Part III: History of Arbitral Tribunals. Part IV: Hague Peace Conferences and their Results. Part V: The Permanent Court of International Justice. "The field of international arbitration, either in its historical or in its analytical aspects, is rather broad. To deal thoroughly with either of them is a serious task; to undertake both at once-to line up, within the limits of a volume of some 400 odd pages, the substantive and procedural rules governing the judicial settlements between nations, as well as to point out the historical growth of these rules, together with the influences, political, social and ethical, under which this growth took place-to accomplish this satisfactorily is almost inconceivable. That the author nevertheless has succeeded in producing a work which gives the reader the great contours of the history of international arbitration and makes him slightly acquainted with the innumerable problems connected with its development, speaks for the high ability of Judge Ralston and should certainly be acknowledged as an accomplishment."-- Francis Deák, 29 Columbia Law Review (1929) 1173 JACKSON H. RALSTON [1857-1945] was an American diplomat and scholar of international law. He lectured at Stanford University from 1929-1933 and represented the United States as agent and counsel in the first dispute submitted to the Permanent Court of Arbitration at The Hague under the Hague Convention of 1899. He secured a significant victory and large financial award in the Pious Fund case. Settlement of this dispute gave authority to The Hague's new court for international dispute resolution, with Ralston's victory clearly establishing his reputation. He was the author of The Law and Procedure of International Tribunals (1926) and A Quest for International Order (1941). The Jackson H. Ralston Prize in International Law was established at Stanford Law School in 1972.

International Arbitration

Author : Gary B. Born
Publisher : Aspen Publishing
Page : 1237 pages
File Size : 55,9 Mb
Release : 2015-03-12
Category : Law
ISBN : 9781454860259

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International Arbitration by Gary B. Born Pdf

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.

The Flame Rekindled

Author : Sam Muller,Wim Mijs
Publisher : BRILL
Page : 229 pages
File Size : 41,7 Mb
Release : 2023-12-11
Category : Law
ISBN : 9789004637962

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The Flame Rekindled by Sam Muller,Wim Mijs Pdf

Among the aims of the United Nations Decade of International Law is the promotion of the means and methods for the peaceful settlement of disputes between states. In the previous volume, The United Nations Decade of International Law, Reflections on International Dispute Settlement, the editors contributed to this aim by bringing together a variety of opinions by international legal experts on the topic, with an emphasis on the role of the International Court of Justice. This time, the editors turn their attention to international arbitration and the role of the Permanent Court of Arbitration. It also explores the prospects for pre-constituted, non-ad hoc arbitral institutions which may be considered in the general framework of peaceful settlement of disputes between states, as well as between states and other actors (commercial arbitration) in the present day international system, through the process of international adjudication. Like the previous volume, this book is a valuable contribution towards the promotion of the United Nations Decade of International Law.

International Commercial Arbitration

Author : Gary B. Born
Publisher : Kluwer Law International B.V.
Page : 5391 pages
File Size : 53,7 Mb
Release : 2014-10-01
Category : Law
ISBN : 9789041154156

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International Commercial Arbitration by Gary B. Born Pdf

The second edition of Gary Born's International Commercial Arbitration is an authoritative 4,408 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 first edition of International Commercial Arbitration is widely acknowledged as the preeminent commentary in the field. It was awarded the 2011 Certificate of Merit by the American Society of International Law and was voted the International Dispute Resolution Book of the Year by the Oil, Gas, Mining and Infrastructure Dispute Management list serve in 2010. The first edition has been extensively cited in national court decisions and arbitral awards around the world. The treatise comprehensively examines the law and practice of contemporary international commercial arbitration, thoroughly explicating all relevant international conventions, national arbitration statutes and institutional arbitration rules. It focuses on both international instruments (particularly the New York Convention) and national law provisions in all leading jurisdictions (including the UNCITRAL Model Law on International Commercial Arbitration). Practitioners, academics, clients, institutions and other users of international commercial arbitration will find clear and authoritative guidance in this work. The second edition of International Commercial Arbitration has been extensively revised, expanded and updated, to include all material legislative, judicial and arbitral authorities in the field of international arbitration prior to January 2014. It also includes expanded treatment of annulment, recognition of awards, counsel ethics, arbitrator independence and impartiality and applicable law. Overview of volumes: Volume I, covering International Arbitration Agreements,provides a comprehensive discussion of international commercial arbitration agreements. It includes chapters dealing with the legal framework for enforcing international arbitration agreements; the separability presumption; choice of law; formation and validity; nonarbitrability; competence-competence and the allocation of jurisdictional competence; the effects of arbitration agreements; interpretation and non-signatory issues. Volume II, covering International Arbitration Procedures, provides a detailed discussion of international arbitral procedures. It includes chapters dealing with the legal framework for international arbitral proceedings; the selection, challenge and replacement of arbitrators; the rights and duties of international arbitrators; selection of the arbitral seat; arbitration procedures; disclosure and discovery; provisional measures; consolidation, joinder and intervention; choice of substantive law; confidentiality; and legal representation and standards of professional conduct. Volume III, dealing with International Arbitral Awards, provides a detailed discussion of the issues arising from international arbitration awards. It includes chapters covering the form and contents of awards; the correction, interpretation and supplementation of awards; the annulment and confirmation of awards; the recognition and enforcement of arbitral awards; and issues of preclusion, lis pendens and staredecisis.

Professional Ethics at the International Bar

Author : Arman Sarvarian
Publisher : OUP Oxford
Page : 336 pages
File Size : 43,5 Mb
Release : 2013-09-26
Category : Law
ISBN : 9780191668821

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Professional Ethics at the International Bar by Arman Sarvarian Pdf

Over the past twenty years, the volume of international litigation and arbitration has increased exponentially. As the number of new international courts and tribunals has proliferated, the diversity and volume of advocates appearing before the international courts has also increased. With this increase, the ethical standards that apply to counsel have become a growing field of interest to practitioners of public international law. Problems threatening the integrity of the international judicial process and concerns about divergent ethical standards amongst counsel have multiplied in the international judicial system, prompting early attempts by senior members of the 'international bar' to articulate common ethical standards. Professional Ethics at the International Bar examines the question of how to articulate common ethical standards for counsel appearing before international courts and tribunals, and the legal powers and practical ability of international courts to prescribe and enforce such standards. It conducts original research into both the theory and practice of the issues arising from this nascent process of professionalization. Using various sources, including interviews with judges, registrars, and senior practitioners, it argues that the professionalization of advocacy through the articulation of common ethical standards is both desirable and feasible in order to protect the integrity and fairness of the international judicial process.

International Commercial Arbitration

Author : Gary Born
Publisher : Kluwer Law International
Page : 1797 pages
File Size : 41,9 Mb
Release : 2009
Category : Arbitration agreements, Commercial
ISBN : 9789041127594

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International Commercial Arbitration by Gary Born Pdf

International Commercial Arbitration Third Edition is an authoritative treatise providing the most complete available commentary and analysis on all aspects of the international commercial arbitration process. This completely revised and expanded edition of Gary Born's authoritative work is divided into three main parts, dealing with the International Arbitration Agreement, International Arbitral Procedures and International Arbitral Awards. The Third Edition provides a systematic framework for both current analysis and future developments, as well as exhaustive citations from all leading legal systems. INTERNATIONAL ARBITRATION AGREEMENTS Legal Framework for International Arbitration Agreements International Arbitration Agreements and the Separability Presumption Choice-of-Law Governing International Arbitration Agreements Formation, Validity and Legality of International Arbitration Agreements International Arbitration Agreements and Competence-Competence Effects and Enforcement of International Arbitration Agreements Interpretation of International Arbitration Agreements INTERNATIONAL ARBITRAL PROCEDURES AND PROCEEDINGS Legal Framework for International Arbitral Proceedings Selection, Challenge and Replacement of Arbitrators in International Arbitration Rights and Duties of International Arbitrators Selection of Arbitral Seat in International Arbitration Procedures in International Arbitration Disclosure and Discovery in International Arbitration Provisional Measures in International Arbitration Consolidation, Joinder and Intervention in International Arbitration Choice of Substantive Law in International Arbitration Confidentiality in International Arbitration Legal Representation and Professional Conduct in International Arbitration INTERNATIONAL ARBITRAL AWARDS Legal Framework for International Arbitral Awards Form and Content of International Arbitral Awards Correction, Interpretation and Supplementation of International Arbitral Awards Annulment of International Arbitral Awards Recognition and Enforcement of International Arbitral Awards Preclusion, Lis Pendens and Stare Decisis in International Arbitral Awards

Law and Practice of Investment Treaties

Author : Andrew Paul Newcombe,Lluís Paradell
Publisher : Kluwer Law International B.V.
Page : 644 pages
File Size : 52,8 Mb
Release : 2009-01-01
Category : Political Science
ISBN : 9789041123510

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Law and Practice of Investment Treaties by Andrew Paul Newcombe,Lluís Paradell Pdf

The book focuses on the substantive protections accorded to investors and investments and on the variations among jurisdictions. Among the many specific issues and topics that arise in the course of the discussion are the following: - problems of transparency and conflict of interest; - the recent growth in IIAs between and among developing nations; - the effect of new model bilateral investment treaties (BITs); - the ability of non-disputing parties to participate in investor-state arbitration; - theories of the interaction of foreign direct investment (FDI) and BITs; - investor-state arbitration as an evasion of public regulatory authority; - the role of investment funds in international investment; - 'fork in the road' provisions; and - institutional versus ad hoc arbitration. International business and other investors will greatly appreciate the in-depth information and insightful guidance in this solidly useful book. It will also be welcomed by jurists and students as a significant milestone in the development of principles in a quickly growing field of practice that is still plagued with inconsistencies.

International Arbitration and the Permanent Court of Arbitration

Author : Manuel Indlekofer
Publisher : Kluwer Law International B.V.
Page : 480 pages
File Size : 43,7 Mb
Release : 2013-08-01
Category : Law
ISBN : 9789041147745

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International Arbitration and the Permanent Court of Arbitration by Manuel Indlekofer Pdf

The modern tendency to restrict international arbitration to matters of commerce and investment is succumbing to a renewed recognition of the original impetus for dispute resolution by arbitration – i.e., matters of public international law, most importantly the settlement of disputes that pose a threat of international conflict. Recent developments suggest a renaissance of public international arbitration, most clearly manifested in the present flourishing of the Permanent Court of Arbitration (PCA), the oldest existing dispute settlement institution in international law. As the calls for the development of new and more appropriate methods for dispute settlement in international law increased during the 1990s, the PCA undertook a structural reform and is today a vital forum for dispute settlement, with scores of arbitrations currently pending under its auspices. This book – the most comprehensive study of the institution to date, covering its history, its present status, and its future prospects – proves the PCA’s contemporary relevance within the international dispute settlement framework. Among aspects of the PCA’s work covered are the following: how public international arbitration functions in comparison to other means available for dispute settlement in international law; the PCA’s historical contributions to the current dispute settlement framework; arbitrations between a state and a non-state actor that are in whole or in part governed by public international law; the fields in which public international arbitration plays a revived role; the PCA’s present-day institutional framework and its current activities; the prospects for public international arbitration and the PCA in the dispute settlement framework of the twenty-first century; and proposals to increase the PCA’s activities in future and to sustain and enhance the institution’s ongoing revitalization. A very useful Practitioner’s Guide provides an overview of the PCA’s various services and the best means of accessing them, along with a summary of the key provisions of the new PCA Arbitration Rules 2012. For lawyers who are involved in dispute resolution proceedings, there can be little doubt about the PCA’s relevance. This book is at once an academic work, indispensable for scholars of the institution, and a practical guide that will be a required addition to the libraries of counsel, arbitrators, and others involved in dispute resolution proceedings conducted at the PCA.

Yearbook on International Investment Law & Policy 2010-2011

Author : Karl P. Sauvant
Publisher : Oxford University Press, USA
Page : 1082 pages
File Size : 45,6 Mb
Release : 2012-02-16
Category : Business & Economics
ISBN : 9780199812356

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Yearbook on International Investment Law & Policy 2010-2011 by Karl P. Sauvant Pdf

The Yearbook on International Investment Law & Policy 2010-2011 monitors current developments in international investment law and policy, focusing (in Part One) on recent trends and issues in foreign direct investment (FDI). Part Two then addresses the fundamental developments in European Union policy toward bilateral investment treaties, and annexes the key official European Union documents.

The Constitution of Arbitration

Author : Victor Ferreres Comella
Publisher : Cambridge University Press
Page : 235 pages
File Size : 41,9 Mb
Release : 2021-03-11
Category : Law
ISBN : 9781108842839

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The Constitution of Arbitration by Victor Ferreres Comella Pdf

The first systematic study of the most important types of arbitration - and their limits - from a constitutional perspective.

Politics and Culture in International History

Author : Adda B. Bozeman
Publisher : Routledge
Page : 188 pages
File Size : 50,5 Mb
Release : 2017-07-12
Category : History
ISBN : 9781351498517

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Politics and Culture in International History by Adda B. Bozeman Pdf

The current political conflicts in Somalia and Russia make the reappearance of this book as relevant as ever. Politics and Culture in International History illumines world politics by identifying the causes of conflict and war and assessing the validity of schemes for peace and unity. Bozeman maintains that political systems are grounded in cultures; thus, international relations are by definition hitercultural relations. She deals exclusively with the thought patterns of the world's literate civilizations and societies between the fourth millenium B.C. and the fifteenth century A.D. In a substantial new introduction, Bozeman analyzes world politics over the last half century, showing how the interplay of politics and culture has intensified. She notes that the world's assembly of states is no longer held together by substantive accords on norms, purposes, and values, but by loose agreements on the use offorms, techniques, and words. The causes and effects of these changes between the 1950s and 1990s are assayed by Bozeman.

International Arbitration and Mediation - From the Professional's Perspective

Author : Anita Alibekova,Robert Carrow
Publisher : Lulu.com
Page : 304 pages
File Size : 55,6 Mb
Release : 2007-06
Category : Law
ISBN : 9781430325260

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International Arbitration and Mediation - From the Professional's Perspective by Anita Alibekova,Robert Carrow Pdf

An examination of the techniques or arbitration and mediation.

International Arbitral Jurisdiction

Author : Chittharanjan F. Amerasinghe
Publisher : BRILL
Page : 314 pages
File Size : 53,6 Mb
Release : 2011-02-14
Category : Law
ISBN : 9789004214767

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International Arbitral Jurisdiction by Chittharanjan F. Amerasinghe Pdf

Examining the jurisdiction of international arbitral tribunals, International Arbitral Jurisdiction establishes general principles relating to such jurisdiction. The study refers to the principles of consent and its limitations, and also deals with such matters as interpretation of compromis and incidental jurisdiction.

International Arbitration and International Commercial Law

Author : Stefan Kröll
Publisher : Kluwer Law International B.V.
Page : 882 pages
File Size : 53,9 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.