Precedent In International Arbitration

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Precedent in International Arbitration

Emmanuel Gaillard,Yas Banifatemi,International Arbitration Institute
Precedent in International Arbitration Book PDF

Author : Emmanuel Gaillard,Yas Banifatemi,International Arbitration Institute
Publisher : Juris Publishing, Inc.
Page : 548 pages
File Size : 54,9 Mb
Release : 2008-06-01
Category : Law
ISBN : 9781933833149

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Precedent in International Arbitration by Emmanuel Gaillard,Yas Banifatemi,International Arbitration Institute Pdf

IAI Series No. 5 The International Arbitration Institute (IAI) series on international arbitration is a new periodic series of publications that will focus on cutting edge issues and developments in international arbitration. About the IAI: The International Arbitration Institute (IAI), an organization created under the auspices of the Comite Francais de l'Arbitrage (CFA), was created to promote exchanges international arbitration. The IAI is designed to promote exchanges on current issues in the field of international commercial arbitration. Its activities include the regular organization of international conferences, colloquiums, as well as conducting various research projects. About the book: Arbitrators routinely refer in their decisions to awards rendered by other arbitral tribunals that deal with the same issues. However natural it may seem to arbitrators and to parties who will refer to arbitral precedents in an attempt to support their position, such an approach raises many practical and theoretical questions: Is there such a thing as arbitral precedent? What weight should arbitrators give to decisions previously rendered by other arbitral tribunals? Can arbitral "case law" exist without consistency? Does such consistency exist? Is it necessary or simply desirable? What is the respective weight to be given to arbitral and national case law when arbitrators have to decide a case in accordance with a given law? These are some of the questions that this book explores, in the context of both international commercial arbitration and investment arbitration.

Judicial Precedent and Arbitration--are Arbitrators Bound by Judicial Precedent?

Guilherme Rizzo Amaral
Judicial Precedent and Arbitration are Arbitrators Bound by Judicial Precedent Book PDF

Author : Guilherme Rizzo Amaral
Publisher : Unknown
Page : 0 pages
File Size : 40,5 Mb
Release : 2018
Category : Arbitration and award
ISBN : 0854902570

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Judicial Precedent and Arbitration--are Arbitrators Bound by Judicial Precedent? by Guilherme Rizzo Amaral Pdf

One of the cornerstones of arbitration is the finality of arbitral awards. Saving rare exceptions, arbitral awards cannot be subject to challenges based on the arbitrator's errors of law. Furthermore, there is no hierarchy between arbitral tribunals and judicial courts, nor are arbitrators part of any judicial system. Thus, if arbitrators are not part of any hierarchical scheme and if there is no challenge or appeal available against their errors of law, how could one say that arbitrators have a duty to follow judicial precedents? Besides, when individuals agree to solve their disputes outside the judicial arena, should they expect a private arbitrator to abide by the same standards of a system they have just avoided? Is the choice for arbitration not a choice for an entirely different legal system, unbound by the so-called judge-made law? This book attempts to answer those questions by presenting a comprehensive guide to the relation between judicial precedents and arbitration in the United States, the United Kingdom and in Brazil, as well as in international arbitration as a whole. In its second edition, the book offers an Appendix on Chinese Guiding Cases and Arbitration.

International Investment Law

Tarcisio Gazzini,Eric De Brabandere
International Investment Law Book PDF

Author : Tarcisio Gazzini,Eric De Brabandere
Publisher : Martinus Nijhoff Publishers
Page : 363 pages
File Size : 47,6 Mb
Release : 2012-08-22
Category : Law
ISBN : 9789004214538

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International Investment Law by Tarcisio Gazzini,Eric De Brabandere Pdf

Transnational investment involves a variety of actors (States, public and private legal entities, and natural persons) whose relationships are governed by rules and legal instruments belonging to different legal systems. This book provides a systematic study of the sources of rights and obligations in the field of transnational investment, and their coordination and interaction. It focuses primarily on the network of over 3,000 Bilateral Investment Treaties, international investment contracts, customary international law, the main multilateral treaties, national legislation, international case law and general principles of law. The book, firmly based on State practice, arbitral awards and national decisions, is indispensable to fully appraise the nature and content of the claims of private investors as well as to identify the law applicable in investment arbitration.

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 : 45,7 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.

Establishing Judicial Authority in International Economic Law

Joanna Jemielniak,Laura Nielsen,Henrik Palmer Olsen
Establishing Judicial Authority in International Economic Law Book PDF

Author : Joanna Jemielniak,Laura Nielsen,Henrik Palmer Olsen
Publisher : Cambridge University Press
Page : 343 pages
File Size : 40,8 Mb
Release : 2016-07-12
Category : Law
ISBN : 9781107147102

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Establishing Judicial Authority in International Economic Law by Joanna Jemielniak,Laura Nielsen,Henrik Palmer Olsen Pdf

This book discusses how international judicial authority is established and managed in key fields of international economic law. Its unique legal-centric approach sees the consolidation of judicial authority as a universal trend and its broad international appeal makes it essential reading for researchers, practitioners and students alike.

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 : 48,8 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.

Handbook of ICC Arbitration

Thomas H. Webster,Dr Michael Buhler
Handbook of ICC Arbitration Book PDF

Author : Thomas H. Webster,Dr Michael Buhler
Publisher : Sweet & Maxwell
Page : 1017 pages
File Size : 41,8 Mb
Release : 2014
Category : Law
ISBN : 9780414044630

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Handbook of ICC Arbitration by Thomas H. Webster,Dr Michael Buhler Pdf

Handbook of ICC Arbitration provides expert analysis of the whole process of using and adhering to the ICC Arbitration Rules. It examines close up the diverse issues that can occur during an arbitration and hosts essential information related to arbitration on an international level with reference to published and unpublished awards and procedural orders, as well as to many decisions of national courts.

Arbitral Awards as Investments

Maximilian Clasmeier
Arbitral Awards as Investments Book PDF

Author : Maximilian Clasmeier
Publisher : Kluwer Law International B.V.
Page : 290 pages
File Size : 52,8 Mb
Release : 2017-01-01
Category : Law
ISBN : 9789041183583

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Arbitral Awards as Investments by Maximilian Clasmeier Pdf

The rise of international investment arbitration has resulted in the emergence of a number of intriguing legal and political challenges. One of those is the question of whether or not arbitral awards may constitute investments pursuant to existing investment treaties. In approaching the problem, it is the interconnection between theory and practice that delivers solutions. This book presents the first detailed analysis of the existing tribunals’ approaches to date. In examining the principles of treaty interpretation, their application in arbitral practice, shortcomings and their ramifications and possible routes to improvement, the book addresses the following questions: - What is the foundation of interpretation in public international law and when is it adequately carried out? - Can arbitral awards constitute investments, offering relief from frustrated enforcement attempts? - Is there a trend of convergence of commercial and investment arbitration? - Do respective interpretative outcomes stem from adequate interpretation? - What are the ramifications, if interpretation is not fully adequate? - What are the feasible routes to greater interpretive discipline? The book is mindful of the underlying public international law principles, such as state sovereignty and the increasing legal and political dynamics of international investment law. This is the first in-depth treatise on arbitral awards’ qualification as investments within international investment law. Its detailed analysis of the interpretive approaches, their foundation and consequences will, from a theoretical and practical point of view, prove of great value to international tribunals, counsel and sovereign entities. Maximilian Clasmeier has gained international arbitration experience in the dispute resolution practices of international law firms in Frankfurt, Düsseldorf and Singapore and worked for the World Bank Group in Washington, D.C.

Precedents and Case-Based Reasoning in the European Court of Justice

Marc Jacob
Precedents and Case Based Reasoning in the European Court of Justice Book PDF

Author : Marc Jacob
Publisher : Cambridge University Press
Page : 357 pages
File Size : 50,9 Mb
Release : 2014-03-20
Category : Law
ISBN : 9781107045491

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Precedents and Case-Based Reasoning in the European Court of Justice by Marc Jacob Pdf

Marc Jacob analyses in depth the most important justificatory and decision-making tool of one of the world's most powerful courts.

Rules of Evidence in International Arbitration

Nathan D. O'Malley
Rules of Evidence in International Arbitration Book PDF

Author : Nathan D. O'Malley
Publisher : Taylor & Francis
Page : 568 pages
File Size : 49,5 Mb
Release : 2019-01-16
Category : Law
ISBN : 9781317200376

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Rules of Evidence in International Arbitration by Nathan D. O'Malley Pdf

Now in a fully updated second edition, Rules of Evidence in International Arbitration: An Annotated Guide remains an invaluable reference for lawyers, arbitrators and in-house counsel involved in cross-border dispute resolution. Drawing on current case law, this book looks at the common issues brought up by the evidentiary procedure in international arbitration. Features of this book include: An international scope, which will inform readers from around the world A focus on evidentiary procedure, with extensive case-based commentary and examples Extensive annotations, which allow the reader to locate key precedents for use in practice This book gives essential insight into best practice for practitioners of international arbitration. Readers of this publication will gain a fuller understanding of accepted solutions to difficult procedural issues, as well as the fundamental due process considerations of the use of evidence in international arbitration.

International Arbitration and Private International Law

George A. Bermann
International Arbitration and Private International Law Book PDF

Author : George A. Bermann
Publisher : BRILL
Page : 648 pages
File Size : 42,7 Mb
Release : 2017-05-15
Category : Law
ISBN : 9789004348271

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International Arbitration and Private International Law by George A. Bermann Pdf

No field of legal scholarship or practice operates in the world of private international law as continuously and pervasively as does international arbitration, commercial and investment alike. Arbitration’s dependence on private international law manifests itself throughout the life-cycle of arbitration, from the crafting of an enforceable arbitration agreement, through the entire arbitral process, to the time an award comes before a national court for annulment or for recognition and enforcement. Thus international arbitration provides both arbitral tribunals and courts with constant challenges. Courts may come to the task already equipped with longstanding private international law assumptions, but international arbitrators must largely find their own way through the private international law thicket. Arbitrators and courts take guidance in their private international law inquiries from multiple sources: party agreement, institutional rules, treaties, the national law of competing jurisdictions and an abundance of “soft law”, some of which may even be regarded as expressing an international standard. In a world of this sort, private international law resourcefulness is fundamental.

International Procedure in Interstate Litigation and Arbitration

Eric De Brabandere
International Procedure in Interstate Litigation and Arbitration Book PDF

Author : Eric De Brabandere
Publisher : Cambridge University Press
Page : 445 pages
File Size : 42,9 Mb
Release : 2021-11-25
Category : Law
ISBN : 9781108963213

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International Procedure in Interstate Litigation and Arbitration by Eric De Brabandere Pdf

The settlement of interstate disputes through recourse to courts and tribunals has grown gradually over the years, not only through the creation of new mechanisms to that effect, but also by using existing courts and tribunals. How these different international dispute settlement mechanisms operate in theory and practice is the subject of this comparative analysis by academic and practicing lawyers. The book takes stock of the procedure applicable in various interstate dispute settlement bodies, including international and regional courts and tribunals, and arbitration. This comparative view is essential to a better understanding of the strengths and weaknesses of the various procedural rules and regulations and the practical operation of international litigation. This book is aimed not only at scholars, but also at the courts and tribunals themselves, assisting them in revising their procedures, and at States and organisations developing future international legal mechanisms.

The Decision-Making Process of Investor-State Arbitration Tribunals

Mary Mitsi
The Decision Making Process of Investor State Arbitration Tribunals Book PDF

Author : Mary Mitsi
Publisher : Kluwer Law International B.V.
Page : 336 pages
File Size : 49,5 Mb
Release : 2018-12-28
Category : Law
ISBN : 9789041196576

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The Decision-Making Process of Investor-State Arbitration Tribunals by Mary Mitsi Pdf

In the course of a single investor-state dispute, an arbitrator may make numerous decisions, from interpreting the treaty or national laws to taking into account case law, customs and policies. In practice, this process raises important issues regarding the consistency of decisions and the predictability and legitimacy of the decision-making process in general. Investment arbitration tribunals have developed a specialised process of legal decision making adapted to the interpretational needs that arise in the context of an investor-state dispute and to the transnational characteristics of the investment arbitration framework. This is the first book to offer an in-depth analysis of the transnational characteristics of investment arbitration and to analyse the interpretive arguments of investment tribunals and the way they use treaties, precedent, policies, general principles of law and customary law in their decision-making process. Drawing on publicly available arbitral case law supplemented with personal interviews with investment arbitrators, the author touches on such concepts and practices as the following: - an overview of various decision-making genres of arbitral tribunals: attitudinal, economic, strategic and legal; - the legal argumentation triptych of language–rhetoric–dialogue; - the specific language arbitrators have developed when interpreting the law; - how arbitrators use the concepts 'standards', 'rules', 'principles' and 'rights'; - the importance of the legal reasoning of arbitral awards and the role of rhetoric therein; - concepts of 'acceptability', 'audience' and 'legitimacy'; - limitations of the public international law interpretive methodology enshrined in the Vienna Convention; - interpretation of precedents, customary law, general principles of law and policies; - the way national and international legal orders interact in the context of interpretation; and - how decision-making is connected to the issues of predictability, consistency and the rule of law. The core of the book proposes a novel, full- edged dialogical network theory for analysing the interpretation process. As an exemplary demonstration of developing theory to keep up with practice, this unique book provides a deeply engaged means for enhancing the practice of international arbitration. Its introduction of a new field of interdisciplinary analysis employing legal argumentation theories is sure to provide inestimable guidance for institutions and policymakers, especially in light of recent proposals for the creation of a permanent investment arbitration court. Given that unveiling the legal decision-making process is critical for the well-being of the whole dispute resolution procedure, and that being aware of how arbitrators interpret the law can constitute a roadmap for counsel's arguments and approaches when dealing with cross-border disputes, the topic of this book is relevant for both academics and practitioners, and its signifcance can only grow as recourse to investor-state arbitration continues to expand.

Bias Challenges in International Commercial Arbitration

Sam Luttrell
Bias Challenges in International Commercial Arbitration Book PDF

Author : Sam Luttrell
Publisher : Kluwer Law International B.V.
Page : 322 pages
File Size : 42,9 Mb
Release : 2009-01-01
Category : Law
ISBN : 9789041131911

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Bias Challenges in International Commercial Arbitration by Sam Luttrell Pdf

Shows how 'dirty' challenge tactics are made viable primarily by the prevalence of a judicially derived test for bias which focuses on appearances, rather than facts and He argues that the most commonly used test of bias, the 'reasonable apprehension' test, makes it easy to allege a lack of impartiality and independence.

International Arbitration Review

James H Carter
International Arbitration Review Book PDF

Author : James H Carter
Publisher : Law Business Research Ltd.
Page : 592 pages
File Size : 50,6 Mb
Release : 2017-09-19
Category : Electronic
ISBN : 9781912377718

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International Arbitration Review by James H Carter Pdf

The International Arbitration Review, edited by James H Carter of Wilmer Cutler Pickering Hale and Dorr, provides an analytical review of what has occurred in each of the important arbitration jurisdictions during the past year, capturing recent developments and putting them in the context of the jurisdiction's legal arbitration structure and selecting the most important matters for comment. In this book, leading practitioners seek to provide current information on both general international commercial arbitration and international investment arbitration, treating important investor-state dispute developments in each jurisdiction as a separate but closely related topic. There are in-depth examinations of arbitration in 41 jurisdictions as well as editorial chapters on The Impact of Corporate Taxation on Economic Losses, and overviews on ASEAN and Africa. Contributors include: Bart Legum, Michelle Bradfield and Jean-Christophe Honlet, Dentons; James Nicholson, FTI Consulting."e;This new and timely publication promises to tackle pressing and present day global concerns and to make valuable contributions to the ongoing dialogue on international arbitration"e; - Peter Tomka, President, International Court of Justice, The Hague"e;Comprehensive and topical, an excellent reference."e; - Professor Christine Mallin, University of Birmingham Business School"e;The most discursive and engaging survey of the world of arbitration today."e; - Jamie Maples, Weil Gotshal & Manges LLP