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Author : Anonim
Publisher : Unknown
Page : 322 pages
File Size : 42,7 Mb
Release : 1913
Category : Electronic
ISBN : HARVARD:32044103232476
Author : Manuel Indlekofer
Publisher : Kluwer Law International B.V.
Page : 480 pages
File Size : 45,7 Mb
Release : 2013-08-01
Category : Law
ISBN : 9789041147745
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.
Author : P. Hamilton
Publisher : Kluwer Law International B.V.
Page : 338 pages
File Size : 54,6 Mb
Release : 1999-05-18
Category : Law
ISBN : 9789041112330
Since its creation at the epoch-making Hague Peace Conference of 1899, which was attended by 26 states, the Permanent Court of Arbitration has contributed significantly to the development of peaceful means to resolve international disputes. In case after case, the Court's tribunals have prevented international incidents and other tensions from flaring into open hostility, and set precedents that greatly curtail the justification of violence between nations.
Author : International Chamber of Commerce. International Court of Arbitration
Publisher : Unknown
Page : 130 pages
File Size : 51,9 Mb
Release : 1999
Category : Arbitration (International law)
ISBN : OSU:32437122158112
Author : Nadja Erk
Publisher : Unknown
Page : 318 pages
File Size : 46,6 Mb
Release : 2014
Category : Law
ISBN : 9041152644
This book depicts and evaluates, in a European context, the pleas and actions which parties may make use of to dissolve the parallel jurisdiction of a national court and an arbitral tribunal. The author undertakes a thorough comparative analysis of the motivations for, and practice of, such pleas and actions with special regard to the major hubs where elaborate arbitration laws are tried and tested by the arbitration community - Germany, France, Switzerland, and England. 0On the basis of four scenarios of parallel proceedings before national courts and arbitral tribunals, the analysis tackles such issues and topics as the following: motivations for initiating parallel proceedings from the various parties' perspectives; remedies available to parties in situations of jurisdictional conflicts; effect of the principle of competence-competence on national courts' review of arbitration agreements; pleas restricting national courts' exercise of jurisdiction to a review of core principles (arbitration defence); self-restraining pleas independent of an arbitration agreement (plea of litispendence); actions for declaratory relief; actions aimed at restraining another court's or tribunal's jurisdiction (anti-suit/anti-arbitration injunctions); pleas invoked to avoid procedural inefficiencies and inconsistencies (plea of res judicata); counsel's duty of care and arbitral tribunal's mandate to issue an enforceable award; and litigation culture versus arbitration-friendliness.
Author : Permanent Court of Arbitration
Publisher : Unknown
Page : 296 pages
File Size : 51,6 Mb
Release : 1998
Category : Arbitration (International law)
ISBN : WISC:89060164274
Author : Shabtai Rosenne
Publisher : BRILL
Page : 224 pages
File Size : 45,7 Mb
Release : 2007-08-13
Category : Law
ISBN : 9789047421467
This work analyzes the complexity of interpretation, revision, and other forms of ‘reference’ to the International Court from some other international body, court or arbitral tribunal.
Author : Christian Tomuschat,Riccardo Pisillo Mazzeschi,Daniel Thürer
Publisher : BRILL
Page : 257 pages
File Size : 42,9 Mb
Release : 2016-11-17
Category : Law
ISBN : 9789004312111
This volume collects the materials underlying the International Colloquium “Conciliation in the Globalized World of Today“, held on 11 and 12 June 2015 in Vienna under the auspices of the Court of Conciliation and Arbitration within the OSCE. The aim of the Colloquium was to examine the merits and possible shortcomings of this method of conflict resolution, and it concluded that the pros heavily outweigh the cons.
Author : A. J. van den Berg
Publisher : Kluwer Law International B.V.
Page : 528 pages
File Size : 46,5 Mb
Release : 2003-01-01
Category : Law
ISBN : 9789041122193
The collected papers in ICCA Congress Series no. 11, as reflected in its title, address important contemporary questions in international commercial arbitration. Included are contributions written by participants in the UNCITRAL Working Group on Arbitration and Conciliation on its current work on the requirement of a written form for an arbitration agreement, interim measures of protection and UNCITRAL?s Model Law on International Commercial Conciliation. Further contributions give leading practitioners? views on illegality in the formation and performance of contracts or in the conduct of the arbitration, examining questions on how the arbitral tribunal should deal with these vexed issues and how forgery and fraud may be detected. The factors that lead to acceptance by parties of the decisions of arbitrators are dealt with in contributions on the psychological aspects of dispute resolution. The volume concludes with a series of articles on arbitration under investment treaties written by experienced arbitrators and practitioners, with special emphasis on ICSID and NAFTA and the emerging issues of transparency, accountability and review. Contains lengthy articles on the ongoing work of UNCITRAL on proposed amendments to the UNCITRAL Model Law on International Commercial Arbitration and the recently adopted Model Law on International Commercial Conciliation Details the current thinking on the requirement of an arbitration agreement in writing and how this can be accommodated by the UNCITRAL Model Law and the 1958 New York Convention Addresses the granting of interim measures by arbitral tribunals and their enforcement by national and foreign courts Analyzes issues raised by illegality in the formation and performance of contracts and in the conduct arbitrations and provides a systematic overview of the answers given by legislation, arbitrators and courts Provides insight into the attitudes of arbitrators and parties regarding dispute settlement processes Addresses the changing public perception of arbitration under investment treaties
Author : Elliott Geisinger,Nathalie Voser
Publisher : Kluwer Law International B.V.
Page : 488 pages
File Size : 46,9 Mb
Release : 2013-02-01
Category : Law
ISBN : 9789041146724
A convenient, neutral location, with a long-standing tradition of arbitration, arbitration-friendly legislation, arbitration-supportive courts, and an exemplary infrastructure – for all of these reasons, parties often choose Switzerland as their preferred seat of arbitration. Switzerland continues to therefore play a leading role in the field of arbitration. This book, since its first edition in 2004, has been widely used as a peerless practitioners’ guide to international arbitration in Switzerland. Keeping in line with the first edition, this second edition describes in detail each phase of arbitral proceedings, from drafting the arbitration clause to challenge and enforcement of the award. The second edition continues to pay close attention to all aspects, including procedure before the arbitral tribunal, interim measures, confidentiality, the mediation alternative, and many other topics. The new edition has been extensively revised to take fully into account the newly amended Swiss Rules of International Arbitration, as well as numerous changes internationally, such as the revised ICC Rules and the revised UNCITRAL Rules. Many new decisions of the Swiss Federal Tribunal relating to arbitration are also considered, as is legal commentary. The second edition also features a chart comparing major institutional arbitration rules on all aspects of the arbitral process covered by those rules. There are also two entirely new chapters – one on the legislative framework of Swiss arbitration law, and one addressing costs of arbitration. The approach throughout is rigorously practice-oriented, adding theoretical support whenever necessary. With the help of this book, practitioners will proceed confidently as they approach such tasks as the following: drafting an effective arbitration clause and choosing between ad hoc and institutional arbitration; understanding the manner in which arbitral proceedings can be structured and evaluating what is best suited to their needs; weighing the possibilities of interim relief at their disposal; anticipating the duration and costs of proceedings; and assessing post-award options. Whilst focusing on the latest developments in international commercial arbitration, International Arbitration in Switzerland includes sections on sports arbitration (with a focus on the Court of Arbitration for Sport in Lausanne) and on Swiss-based public international law dispute settlement mechanisms, such as those of the WTO and the UNCC. The book provides useful answers to concrete questions that in-house lawyers, outside counsel, and arbitrators are confronted with when practicing international arbitration in Switzerland. With its wealth of practical expertise and up-to-date information, it will enable foreign in-house and external counsel to make the appropriate choices and decisions. It will be indispensable for all practitioners and academics interested in arbitration in Switzerland.
Author : V. S. Mani
Publisher : Brill Archive
Page : 494 pages
File Size : 40,5 Mb
Release : 1980
Category : Law
ISBN : 9024723671
Author : Durward Valdamir Sandifer
Publisher : Charlottesville : University Press of Virginia
Page : 552 pages
File Size : 53,5 Mb
Release : 1975
Category : Law
ISBN : STANFORD:36105044450307
This study is based on an examination of all available records in the field of evidence from the 18th century to date. Acid-free reprint of University of Virginia Press, 1975. Distributed by William S. Hein & Co., Inc.
Author : Rudolf Bernhardt
Publisher : Elsevier
Page : 328 pages
File Size : 40,7 Mb
Release : 2014-05-12
Category : Law
ISBN : 9781483257020
Encyclopedia of Public International Law, 2: Decisions of International Courts and Tribunals and International Arbitrations focuses on articles on cases of major importance in international law that have come before international courts and arbitral tribunals. The publication first elaborates on the Abu Dhabi Oil Arbitration, Acquisition of Polish Nationality, Admission of a State to Membership in United Nations, Aramco Arbitration, Argentina-Chile Frontier Case, and Arbitration Award under the Treaty of Finance and Compensation of 1961. The text then takes a look at the Barcelona Traction Case, Buraimi Oasis Dispute, Certain Expenses of the United Nations, Clipperton Island Arbitration, Costa Rica Packet Arbitration, and Customs Regime between Germany and Austria. The manuscript examines the Tinoco Concessions Arbitration, Timor Island Arbitration, Sovereignty over Certain Frontier Land Case (Belgium/Netherlands), Sapphire Arbitration, Railway Traffic between Lithuania and Poland, Preferential Claims against Venezuela Arbitration, and Pious Fund Arbitration. The publication is a dependable source of data for researchers interested in the decisions of international courts and tribunals and international arbitrations.
Author : Constantine Antonopoulos
Publisher : Springer Science & Business Media
Page : 185 pages
File Size : 41,7 Mb
Release : 2011-05-30
Category : Law
ISBN : 9789067047906
Counterclaims, the right of a State sued by another State to bring its own counter-suit in the course of the same trial, may offer an opportunity to mitigate the effects of the original suit and help to resolve disputes between States that have more than one aspect. In recent years, counterclaims have been frequently presented at the International Court of Justice (ICJ). This book examines the counterclaims presented at the ICJ and at its predecessor, the Permanent Court of International Justice (PCIJ), during its 65 years of existence. It is the first study that focuses exclusively on the subject of counterclaims. It analyses the evolution of the germane provisions in the PCIJ and ICJ Rules of Procedure and the practice of the Court, especially in light of the relevant case-law of the ICJ. A useful source for academics and practitioners in International law.
Author : Sam Muller,Wim Mijs
Publisher : BRILL
Page : 229 pages
File Size : 42,7 Mb
Release : 2023-12-11
Category : Law
ISBN : 9789004637962
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.