Provisional And Emergency Measures In International Arbitration

Author : Julien Fouret
Publisher : Edward Elgar Publishing
Page : 0 pages
File Size : 49,6 Mb
Release : 2023-07-20
Category : Arbitration (International law)
ISBN : 1802205489

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Provisional and Emergency Measures in International Arbitration by Julien Fouret Pdf

The increase in the complexity and length of international arbitration procedures has resulted in a growing demand for both provisional and emergency measures to facilitate the preservation of the parties' rights until a final award is rendered. In Provisional and Emergency Measures in International Arbitration, Julien Fouret has brought together many of the leading international arbitration practitioners to examine this highly topical subject. It considers complex issues surrounding the powers of arbitrators to grant provisional relief, categories and examples of such measures, procedural and substantive requirements for ordering an interim measure, the burden and standard of proof as well as issues of enforceability. Each chapter offers a thorough analysis both in commercial and investment arbitration. This important new publication will be beneficial to legal practitioners, academics a as well as arbitrators who want to gain a deeper understanding of both the principles and specific rules on provisional and emergency remedies established under the major arbitral rules and tribunals.

Author : Diora Ziyaeva,Ian A. Laird,Borzu Sabahi,Anne Marie Whitesell
Publisher : Juris Publishing, Inc.
Page : 389 pages
File Size : 55,8 Mb
Release : 2015-05-01
Category : Arbitration and award
ISBN : 9781937518707

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Interim and Emergency Relief in International Arbitration - International Law Institute Series on International Law, Arbitration and Practice by Diora Ziyaeva,Ian A. Laird,Borzu Sabahi,Anne Marie Whitesell Pdf

Interim and Emergency Relief In International Arbitration is a compilation of papers authored by some of the world’s leading international arbitration practitioners. It addresses issues relating to obtaining interim measure orders, including the relevant applicable standards such as irreparable harm that various international courts and tribunals, under the ICSID, UNCITRAL, ICC, SCC, and some domestic law jurisdictions often apply. It also touches upon theoretical and practical issues involving compliance with and enforcement of interim measures in international arbitration. These issues naturally are raised in the context of an ongoing discourse where tribunals have different, at times imperfect tactics for encouraging compliance with their interim measures including drawing adverse inferences, issuing diplomatic statements against a sovereign stopping just short of ordering interim measures, splitting the sum of security for costs and allowing for reimbursement, and levying heavier damages against the non-complying party without changing the substantive aspects of the award. This book explores these methods and identifies the latest trends in this exciting area of international law. Interim and Emergency Relief In International Arbitration is intended for arbitrators, practicing attorneys, representatives of international arbitral institutions and academics, all of whom will find this book very useful. The compilation of papers and presentations in the book cover a number of jurisdictions including East Asia, the Middle East, Europe and North America.

Author : Lawrence W. Newma,Colin Ong
Publisher : Juris Publishing, Inc.
Page : 956 pages
File Size : 54,7 Mb
Release : 2014-06-01
Category : Law
ISBN : 9781937518400

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Interim Measures in International Arbitration by Lawrence W. Newma,Colin Ong Pdf

The first edition of Interim Measures in International Arbitration edited by Lawrence Newman and Dr. Colin Ong, is most auspicious in its timing. The editors have compiled a shrewd and very practical questionnaire and they have gathered together a formidable group of some of the most reputed and talented practising arbitration lawyers, academics and arbitrators from 43 leading jurisdictions to inform the reader about the essential elements of the different interim measures which are available as part of the arbitral process in a very large number of different national jurisdictions. This book, thus, combines the best elements of a focused legal textbook with the essential practicalities of a practitioners' procedural handbook. This should be a standard travelling-companion of international arbitrators and counsel as well as many international lawyers--not just those who are arbitration specialists.

Author : Ali Yeşilirmak
Publisher : International Arbitration Law
Page : 329 pages
File Size : 50,9 Mb
Release : 2005
Category : Law
ISBN : 9041123539

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Provisional Measures in International Commercial Arbitration by Ali Yeşilirmak Pdf

Due to the nature of the arbitration process, provisional measures-especially interim protection of rights-tend to play a disproportionate role in international commercial arbitrations. Indeed, the need to clearly define such measures often constitutes the major stumbling block on the path to an effective resolution of a commercial dispute. This concise but enormously useful volume offers practitioners the information and advice they need to overcome this obstacle in the best possible way every time. The Author covers all the relevant avenues of research and practice, from an overview of the concept of provisional measures to an in-depth analysis of the weight and enforceability of such measures. Along the way the treatment covers such crucial topics and issues as the following: scholarly analysis of the problems and uncertainties surrounding provisional measures, and their solutions in light of arbitral and judicial practice; the complex interaction of historical prejudices, political will, and business needs that impact the usefulness of provisional measures; choice of forum to seek provisional measures and the problems associated with such choice; complementary mechanisms to arbitration for interim protection of rights; standards of principles and procedures for the grant of provisional measures; and a comprehensive review of the arbitrators' power to grant provisional measures and court assistance to arbitration. The presentation examines, compares, and analyses seventy sets of arbitration rules on provisional measures (including the arbitration rules of the ICC, AAA, and LCIA), all of the major state laws on commercial arbitration, and detailed analyses of numerous ICC and AAA awards, most of which have not been published before. This new and fully researched book fulfils and important need for user-friendly and complete practical coverage of provisional measures in international commercial arbitration. It wil be of great value to corporate counsel, international lawyers, and business people, as well as to students of dispute resolution.

Author : International Chamber of Commerce. Court of Arbitration
Publisher : Unknown
Page : 134 pages
File Size : 53,9 Mb
Release : 1993
Category : Arbitration (International law)
ISBN : UOM:35112200439810

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Conservatory and Provisional Measures in International Arbitration by International Chamber of Commerce. Court of Arbitration Pdf

Author : Association for International Arbitration
Publisher : Maklu
Page : 136 pages
File Size : 51,7 Mb
Release : 2007
Category : Law
ISBN : 9046601447

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Interim Measures in International Commercial Arbitration by Association for International Arbitration Pdf

The Association for International Arbitration (AIA) was founded in order to promote Arbitration and increase the level of knowledge about Alternative Dispute Resolutions.This book is the result of a conference held in October 2007.The contributions are written by international experts and based on analytical insights and research of new tendencies that provide in-depth information.The theme is a vital issue for arbitration services users and practitioners and also an interesting topic for scholars and students.

Author : Fulvio Maria Palombino,Roberto Virzo,Giovanni Zarra
Publisher : Springer Nature
Page : 365 pages
File Size : 40,6 Mb
Release : 2020-12-02
Category : Law
ISBN : 9789462654112

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Provisional Measures Issued by International Courts and Tribunals by Fulvio Maria Palombino,Roberto Virzo,Giovanni Zarra Pdf

This book makes a significant contribution to the comprehension of the law and practice of provisional measures issued by international courts and tribunals, including international commercial arbitration. After having analyzed the common features of provisional measures, it provides an overview of the peculiarities of these orders within the context of different international proceedings (e.g. the ICJ, the ITLOS, the CJEU, the ICC, human rights courts and investment arbitration). In this regard, the book is valuable in offering a broad and rigorous comparative analysis between the various forms of provisional measures. Owing to its original cross-cutting and case-driven approach, the book will be an essential tool for both scholars and practitioners dealing with the law of provisional measures in international adjudication. Indeed, this book will be an important novelty in international law libraries due to the broad range of regimes scrutinized and to a detailedanalysis of the general trends within the contemporary law of provisional measures. Fulvio Maria Palombino is Professor of International Law in the Department of Law at the University of Naples Federico II, Naples, Italy. Roberto Virzo is Associate Professor of International Law in the Department of Law, Economics, Management and Quantitative Methods (DEMM) at the University of Sannio, Benevento, Italy. Giovanni Zarra is Adjunct Professor of International Law in the Department of Law at the University of Naples Federico II, Naples, Italy.

Author : Neil Kaplan,Michael Moser
Publisher : Kluwer Law International B.V.
Page : 442 pages
File Size : 48,6 Mb
Release : 2016-04-24
Category : Law
ISBN : 9789041186386

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

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

Author : Loukas A. Mistelis,Julian D. M. Lew
Publisher : Kluwer Law International B.V.
Page : 418 pages
File Size : 53,9 Mb
Release : 2006-01-01
Category : Law
ISBN : 9789041124500

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Pervasive Problems in International Arbitration by Loukas A. Mistelis,Julian D. M. Lew Pdf

"This important book will be of great interest to arbitration lawyers, international lawyers and business people, as well as to academics, libraries, and students of dispute resolution."--Publisher's website.

Author : Giacomo Marchisio
Publisher : Kluwer Law International B.V.
Page : 242 pages
File Size : 45,8 Mb
Release : 2016-04-24
Category : Law
ISBN : 9789041183927

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The Notion of Award in International Commercial Arbitration by Giacomo Marchisio Pdf

International commercial arbitration relies extensively on the possibility of enforcing arbitral decisions against recalcitrant parties. Because courts and arbitration laws across the world take contrasting approaches to the definition of awards, such enforcement can be problematic, especially in the context of awards by consent, and the recent development known as ‘emergency arbitration’. In this timely and ground-breaking book, a young arbitration scholar takes us through the difficulties of defining the notion of arbitral award with a rare combination of theoretical awareness and attention to the procedural requirements of arbitral practice. In a framework using a comparative analysis of common law and civil law jurisdictions (specifically, England and France) and how each has regulated in different ways the equilibria between state justice and arbitral justice – and comparing each with the UNCITRAL Model Law – the book addresses such issues as the following: - the ‘judicialization’ of arbitration; - different models of arbitral adjudication and their impact on the notion of award; - what an award needs to contain to be enforceable; - awards on competence; - awards by consent; and - awards ante causam. The author employs a methodology that views arbitration as providing an institution for administering justice rather than as a purely contractual creature. To this end, rules of arbitral institutions (particularly the International Chamber of Commerce) are examined closely for their implications on what an award means. As a fresh look at the arbitral award by placing it in a broader context than is usually found, this book allows for a greater understanding of the functioning of international commercial arbitration. It is sure to become an international reference, and as such will be welcomed by arbitrators, practitioners at global law firms, companies doing transnational business, interested academics, and international arbitration centres in emerging markets.

Author : Deyan Draguiev
Publisher : Springer Nature
Page : 166 pages
File Size : 52,9 Mb
Release : 2023-05-27
Category : Law
ISBN : 9783031287046

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Interim Measures in Cross-Border Civil and Commercial Disputes by Deyan Draguiev Pdf

The book focusses on applying a holistic overview of interim measures and associated procedures in the context of cross-border private law (civil and commercial) disputes that are the subject of international litigation and arbitration proceedings. It reexamines key features of said problem and outlines novel findings on interim relief in the area of international dispute resolution. The book analyses the rules of EU law (EU law regulations such as the Regulation Brussels Ibis and the rest of the Brussels regime) as the single system of cross-border jurisdictional rules, as well as the rules of international arbitration (both commercial and investment). In the process, it conducts a complete mapping of interim measures problems and explores the criteria for granting relief under national laws. For this purpose, it includes an extensive comparative law overview of many jurisdictions in Europe, Asia, Africa, the Americas, etc., to reveal common standards for granting interim relief. Interim relief is a salient problem in dispute resolution, and serious international disputes usually require requests for such measures. This makes a more complete understanding all the more important. For scholars and practitioners alike, there are various ways to seek relief; precisely this complexity calls for a more complex and multilayered analysis, which does not (as is usually the case) adopt the perspective of either litigation or arbitration, but instead weighs the pros and cons and considers the viability and reliability of the different options, viewed from all angles.

Author : Nathalie Voser
Publisher : Juris Publishing, Inc.
Page : 331 pages
File Size : 40,9 Mb
Release : 2014-10-01
Category : Arbitration and award
ISBN : 9781937518493

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10 Years of Swiss Rules of International Arbitration - ASA Special Series No. 44 by Nathalie Voser Pdf

On the occasion of the 10th anniversary of the Swiss Rules of International Arbitration, the ASA decided to devote its annual conference in January 2014 to this topic. This volume of the ASA Special Series contains the written versions of all the presentations given during this conference. Most of the contributions were based on the verbatim protocol which was prepared on the conference day and thus retain their informal speaking style. In their 10 years of existence, the Swiss Rules have established themselves as modern arbitration rules, offering a user efficient and transparent arbitral proceedings. Probably the most distinguishing feature of the Swiss Rules with regard to the administration of the cases is their "light touch" as applied by the Swiss Chambers' Arbitration Institution, reserving however a supervisory function for its Court. This volume is structured along the panels of the conference. The first panel addressed the history and the background of the Rules as well as their main characteristics. The second and the third panels explore the key features of the revised Swiss Rules, namely the consolidation and joinder provisions, the set-off and counter-claim provisions, the expedited procedure, provisional measures and the emergency arbitrator as well as provisions on confidentiality and settlement facilitation. While the fourth panel provided the insiders’ view into how the Institution administers its cases, the fifth and last panel discussed the perspectives of the users, the arbitrators and counsel as well as their experiences with the Swiss Rules.

Author : Julien Fouret
Publisher : Edward Elgar Publishing
Page : 563 pages
File Size : 54,5 Mb
Release : 2023-07-01
Category : Law
ISBN : 9781802205497

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Provisional and Emergency Measures in International Arbitration by Julien Fouret Pdf

The increase in the complexity and length of international arbitration procedures has resulted in a growing demand for both provisional and emergency measures to facilitate the preservation of the parties’ rights until a final award is rendered. In Provisional and Emergency Measures in International Arbitration, Julien Fouret has brought together many of the leading international arbitration practitioners to examine this highly topical subject.

Author : José R. Mata Dona,Nikos Lavranos
Publisher : Edward Elgar Publishing
Page : 643 pages
File Size : 50,7 Mb
Release : 2021-03-26
Category : Law
ISBN : 9781788974004

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

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

Author : Peter Ashford
Publisher : Cambridge University Press
Page : 193 pages
File Size : 44,5 Mb
Release : 2013-01-17
Category : Law
ISBN : 9781139620505

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The IBA Rules on the Taking of Evidence in International Arbitration by Peter Ashford Pdf

The IBA Rules are the most common feature of international arbitration around the world, yet so far little work has been done exploring the Rules themselves. In this practical guide, Peter Ashford combines a detailed discussion of the Rules and the commentary from the Drafting Committee with a tabular view of the interaction between the Rules and those of the main arbitration institutions. Written by a respected and experienced arbitration practitioner, the guide conveniently brings into one place materials that will assist in the practical application of the IBA Rules. This contribution to an under-covered area of international arbitration provides an invaluable handbook for arbitration practitioners in law firms, chambers, and general or in-house counsel in large corporations.