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Author : Vincent Coussirat-Coustáere,Pierre Michel Eissemann
Publisher : BRILL
Page : 916 pages
File Size : 47,5 Mb
Release : 1989
Category : Law
ISBN : 9024737621
Author : Vincent Coussirat-Coustere
Publisher : Kluwer Law International
Page : 1044 pages
File Size : 42,6 Mb
Release : 1990-11-01
Category : Law
ISBN : 079231090X
Author : Vincent Coussirat-Coustáere,Pierre Michel Eisemann
Publisher : Martinus Nijhoff Publishers
Page : 582 pages
File Size : 55,6 Mb
Release : 1989-03-23
Category : Law
ISBN : 9789024737611
Author : C. Ranjan Felix Amerasinghe
Publisher : Martinus Nijhoff Publishers
Page : 315 pages
File Size : 50,8 Mb
Release : 2011-02-14
Category : Law
ISBN : 9789004181335
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.
Author : Robert Kolb
Publisher : Edward Elgar Publishing
Page : 296 pages
File Size : 41,7 Mb
Release : 2017-04-28
Category : Electronic
ISBN : 9781786434715
This highly readable book examines the law of State responsibility, presenting it as a fundamental aspect of public international law. Covering the key aspects of the topic, it combines a clear overview with use of specific case studies in order to provide a deeper understanding.
Author : Robert Kolb
Publisher : Bloomsbury Publishing
Page : 280 pages
File Size : 55,5 Mb
Release : 2017-07-13
Category : Law
ISBN : 9781509914074
There is a great degree of controversy on the proper complexion and role of general principles of law in the international legal order. Opinions range from total rejection of some types of principles to the most enthusiastic endorsement of principles as the necessary oil for the many complex wheels of the legal order. In this book one of the leading public lawyers of his generation explores the concept of good faith and its role in international law. Rather than offer a detailed, comprehensive examination, Kolb aims to map the true points of gravity of the principle of good faith in the international legal order. In so doing, he illustrates how the various legal institutions who operate in the sphere of public international law allow the principle of good faith to unfold.
Author : Michael Bohlander
Publisher : Cameron May
Page : 506 pages
File Size : 55,5 Mb
Release : 2007
Category : Law
ISBN : 9781905017447
Summary: "Written by seasoned scholars and practitioners, this collection of essays provides a most comprehensive analysis of the institutional dynamics and political underpinnings of international criminal justice. They explore and provide critical comment on the main institutional difficulties experienced by International Tribunals."--Publisher description.
Author : United Nations Commission on International Trade Law
Publisher : Unknown
Page : 0 pages
File Size : 49,9 Mb
Release : 2012
Category : Political Science
ISBN : 9211337933
This publication contains a presentation of case laws rendered in jurisdictions having enacted the UNCITRAL Model Law on International Commercial Arbitration. In light of the large number of cases collected, the Commission requested a tool specifically designed to present selected information on the interpretation and application of the Model Law in a clear, concise and objective manner. This request originated the UNCITRAL Digest of Case Law on the UNCITRAL Model Law on International Commercial Arbitration. The purpose of the digest is to assist in the dissemination of information on the Model Law and further promote its adoption as well as its uniform interpretation and application. In addition, the digest is meant to help judges, government officials, arbitrators, practitioners and academics use more efficiently the case law relating to the UNCITRAL text.
Author : Vincent Coussirat-Coustère,Pierre Michel Eissemann
Publisher : Martinus Nijhoff Publishers
Page : 1048 pages
File Size : 46,8 Mb
Release : 1989
Category : Arbitration (International law)
ISBN : 0792310837
Author : Alfonso Gómez-Acebo
Publisher : Kluwer Law International B.V.
Page : 242 pages
File Size : 46,6 Mb
Release : 2016-04-26
Category : Law
ISBN : 9789041166852
The agreement of disputing parties to each make a unilateral appointment of an arbitrator is among the most distinctive features of arbitral practice. A detailed examination, long overdue, of how this feature affects the actual process of arbitration is presented in this book. The study includes a historical analysis of unilateral nominations, a critical assessment of how the unilateral appointments system currently works and an empirical study of challenges of arbitrators. The author's critical assessment addresses several issues including: - limits to the right of the parties to make unilateral appointments; - the principle of equality of the parties in the constitution of the arbitral tribunal; - arbitrators’ duty to be impartial and independent; - specific problems of bias in tribunals with party-appointed members; - the question of whether a different standard of impartiality and independence in party-appointed arbitrators makes any sense; - the presumption that party-appointed arbitrators can do things that presiding arbitrators cannot; and - the question of whether it is worth keeping the system of unilateral appointments as the default method for the constitution of multiple-member tribunals, or keeping it at all. The empirical study, in which the author offers a comparative analysis of challenges of arbitrators taking into account the method of appointment of the arbitrator, reveals interesting differences and coincidences between party-appointed and non-party-appointed arbitrators. The book ends with some suggestions on how the system of unilateral appointments could be improved, namely in order to increase the trust of each party in the arbitrator appointed by the other party and to allow an accurate match between what arbitration end-users may want from party-appointed arbitrators and what they ultimately get. For both its thorough and well-informed analysis and its sound recommendations, the book is sure to be welcomed by professionals in the arbitral community worldwide, as well as by arbitration law academics.
Author : August Reinisch
Publisher : Cambridge University Press
Page : 523 pages
File Size : 52,7 Mb
Release : 2000-04-13
Category : Law
ISBN : 9780521653268
A radical, empirical investigation of how national courts 'react' to disputes involving international organizations. Through comprehensive analysis of the attitudes and techniques of national courts and underlying political motives, Professor Reinisch first describes various legal approaches that result in adjudication or non-adjudication of disputes concerning international organizations. Secondly he discusses policy issues pro and contra the adjudication of such disputes. His study then scrutinizes the rationale for immunizing international organizations from domestic litigations, especially the 'functional' need for immunity, and substantially debates the implications of a human rights-based right of access to court on immunizing international organizations against national jurisdictions. Finally he identifies contemporary trends, seeking to ascertain whether a more flexible principle exempting certain types of disputes from domestic adjudication might substitute for the traditional immunity concept, which would simultaneously guarantee the functioning and independence of international organizations without impairing private parties' access to a fair dispute settlement procedure.
Author : Anonim
Publisher : Kluwer Law International B.V.
Page : 1120 pages
File Size : 53,8 Mb
Release : 2017-09-22
Category : Law
ISBN : 9789041194466
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?
Author : Joachim Frick
Publisher : Kluwer Law International B.V.
Page : 338 pages
File Size : 48,8 Mb
Release : 2001-10-24
Category : Law
ISBN : 9789041116628
The technical, economic, and social development of the last one hundred years has created a new type of long-term contract which one may call `Complex International Contract'. Typical examples include complex civil engineering and constructions contracts as well as joint venture, shareholders, project finance, franchising, cooperation and management agreements. The dispute resolution mechanism, which normally deals with such contracts, is commercial arbitration, which has been deeply affected in recent decades by attempts to improve its capabilities. Most importantly, there is the trend towards further denationalization of arbitration with respect to the applicable substantive law. In this regard, a new generation of conflict rules no longer imposes on the arbitrators a particular method to be applied for the purpose of determining the applicable rules of law. Moreover, arbitration more frequently took on the task of adapting Complex International Contracts to changed circumstances. Also, special rules have been developed for so-called multi-party arbitration and fast track arbitration facilitating efficient dispute resolution. The author describes these trends both from a practical as well as a theoretical perspective, evaluating not only the advantages, but also the risks involved with the new developments in arbitration. Relevant issues with respect to the drafting and renegotiation of such contracts are also discussed.
Author : Peter Malanczuk
Publisher : Routledge
Page : 472 pages
File Size : 48,6 Mb
Release : 2002-04-12
Category : Law
ISBN : 9781134833887
First published in 2002. Routledge is an imprint of Taylor & Francis, an informa company.
Author : Malcolm N. Shaw
Publisher : Cambridge University Press
Page : 1664 pages
File Size : 43,7 Mb
Release : 2008-11-13
Category : Law
ISBN : 9781107394360
Malcolm Shaw's engaging and authoritative International Law has become the definitive textbook for instructors and students alike, in this increasingly popular field of academic study. The hallmark writing style provides a stimulating account, motivating students to explore the subject more fully, while maintaining detail and academic rigour. The analysis integrated in the textbook challenges students to develop critical thinking skills. The sixth edition is comprehensively updated throughout and is carefully constructed to reflect current teaching trends and course coverage. The International Court of Justice is now examined in a separate dedicated chapter and there is a new chapter on international criminal law. The detailed references and reliable, consistent commentary which distinguished previous editions remain, making this essential reading for all students of international law whether they be at undergraduate level, postgraduate level or professional lawyers.
