Systems Of Control In International Adjudication And Arbitration

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Systems of Control in International Adjudication and Arbitration

William Michael Reisman
Systems of Control in International Adjudication and Arbitration Book PDF

Author : William Michael Reisman
Publisher : Unknown
Page : 200 pages
File Size : 43,8 Mb
Release : 1992
Category : Law
ISBN : UOM:39015022253077

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Systems of Control in International Adjudication and Arbitration by William Michael Reisman Pdf

In a world where nations are increasingly interdependent and where their problems--whether environmental, economic, or military--have a global dimension, the resolution of international disputes has become critically important. In Systems of Control in International Adjudication and Arbitration, W. Michael Reisman, one of America's foremost scholars and practitioners of international law, examines the controls that govern arbitration--a method of alternative, private, and relatively unsupervised dispute resolution--and shows how these controls have broken down. Reisman considers three major forms of international arbitration: in the International Court; under the auspices of the World Bank; and under the New York Convention of 1958. He discusses the unique structures of control in each situation as well as the stresses they have sustained. Drawing on extensive research and his own experience as a participant in the resolution of some of the disputes discussed, Reisman analyzes recent key decisions, including: Australia and New Zealand's attempt to stop France's nuclear testing in Muroroa; AMCO vs. Republic of Indonesia, concerning the construction of a large tourist hotel in Asia; and numerous others. Reisman explores the implications of the breakdown of control systems and recommends methods of repair and reconstruction for each mode of arbitration. As a crucial perspective and an invaluable guide, this work will benefit both scholars and practitioners of international dispute resolution.

Deference in International Commercial Arbitration

Franco Ferrari,Friedrich Rosenfeld
Deference in International Commercial Arbitration Book PDF

Author : Franco Ferrari,Friedrich Rosenfeld
Publisher : Kluwer Law International B.V.
Page : 560 pages
File Size : 49,6 Mb
Release : 2023-05-12
Category : Law
ISBN : 9789403503172

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Deference in International Commercial Arbitration by Franco Ferrari,Friedrich Rosenfeld Pdf

In international arbitration, deference entails that one decision-maker does not make an autonomous assessment but limits its decision-making power out of respect for the decision or authority of another actor. For example, a court exercising post-award review might refrain from reviewing a question of procedure de novo but instead defer to a prior determination made by the arbitral tribunal. In this book, prominent arbitration practitioners and academics offer the first systematic analysis of such deference in international arbitration. With abundant reference to case law from major arbitration hubs, the analysis is organized around the three relationships in which questions of deference arise: public-private relationships in which a State actor (e.g., a court) must decide whether it should pay deference to determinations made by a private actor (e.g., a tribunal or an arbitral institution); public-public relationships in which a State actor (e.g., a court at the place of recognition and enforcement) must decide whether it should pay deference to another State actor (e.g., a court at the seat); and private-private relationships in which a private actor (e.g., an arbitral tribunal) must decide whether it should pay deference to another private actor (e.g., another arbitral tribunal or an arbitral institution). The book makes an important contribution to tracing the boundaries of the multiple layers of control over arbitration proceedings. It takes a giant step towards establishing the right equilibrium between the different layers of authority and thus meeting a pivotal challenge for the viability of arbitration as a form of dispute resolution.

The Three Ages of International Commercial Arbitration

Mikaël Schinazi
The Three Ages of International Commercial Arbitration Book PDF

Author : Mikaël Schinazi
Publisher : Cambridge University Press
Page : 385 pages
File Size : 47,7 Mb
Release : 2021-12-16
Category : Business & Economics
ISBN : 9781108835176

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The Three Ages of International Commercial Arbitration by Mikaël Schinazi Pdf

A history of modern international commercial arbitration theory and practice from the eighteenth century to the present day.

The American Influence on International Commercial Arbitration

Pedro J. Martinez-Fraga
The American Influence on International Commercial Arbitration Book PDF

Author : Pedro J. Martinez-Fraga
Publisher : Cambridge University Press
Page : 479 pages
File Size : 45,6 Mb
Release : 2020-07-02
Category : Law
ISBN : 9781107151529

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The American Influence on International Commercial Arbitration by Pedro J. Martinez-Fraga Pdf

Addresses the US common law and its doctrinal contribution to transparency, arbitrator immunity and evidence gathering in international commercial arbitration.

International Contracts and National Economic Regulation:Dispute Resolution Through International Commercial Arbitration

Mahmood Bagheri
International Contracts and National Economic Regulation Dispute Resolution Through International Commercial Arbitration Book PDF

Author : Mahmood Bagheri
Publisher : Kluwer Law International B.V.
Page : 314 pages
File Size : 42,8 Mb
Release : 2000-12-06
Category : Business & Economics
ISBN : 9789041198105

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International Contracts and National Economic Regulation:Dispute Resolution Through International Commercial Arbitration by Mahmood Bagheri Pdf

The growth of national economic regulation and the process of globalisation increasingly expose international transactions to an array of regulations from different jurisdictions. These developments often contribute to widespread international contractual failures when parties claim the incompatibility of their contractual obligations with regulatory laws. The author challenges conventional means of dispute resolution and argues for an interdisciplinary approach whereby disciplines such as international economic law, conflict of laws, contract law and economic regulations are functionally united to resolve international and multifaceted regulatory disputes. He identifies the normative foundation of contract law as an important determinant in this process, contending that contract law is essentially neutral and underpinned by the concept of corrective justice, while economic regulations are mainly prompted by distributive justice. Applying this corrective/distributive justice dichotomy to international contracts, the author critically assesses major conflict of laws approaches such as `proper law', `the Rome Convention' and `governmental interest analysis', which could disregard either public interest or private rights. The author, taking these theories into account, proposes an alternative two-dimensional interest analysis approach. He tests the viability of this approach with reference to arbitral awards and court decisions in various jurisdictions and concludes that it uniquely fits into the structure of international commercial arbitration. In adopting this approach arbitrators would take into account both corrective and distributive justice, and to the extent that corrective justice prevails, would be able to avert a total failure of the contract.

International Commercial and Marine Arbitration

Georgios I. Zekos
International Commercial and Marine Arbitration Book PDF

Author : Georgios I. Zekos
Publisher : Routledge
Page : 549 pages
File Size : 42,8 Mb
Release : 2008-05-28
Category : Business & Economics
ISBN : 9781134044566

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International Commercial and Marine Arbitration by Georgios I. Zekos Pdf

International Commercial and Marine Arbitration analyses and compares commercial-martime arbitration, and the role of the courts in arbitration in several different legal systems including the US, the UK, Greece and Belgium, and also sets out how the process of arbitration should be developed in order to make it more effective.

Reshaping the Investor-State Dispute Settlement System

Jean E. Kalicki,Anna Joubin-Bret
Reshaping the Investor State Dispute Settlement System Book PDF

Author : Jean E. Kalicki,Anna Joubin-Bret
Publisher : Hotei Publishing
Page : 1043 pages
File Size : 47,9 Mb
Release : 2015-02-04
Category : Law
ISBN : 9789004291102

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Reshaping the Investor-State Dispute Settlement System by Jean E. Kalicki,Anna Joubin-Bret Pdf

In Reshaping the Investor-State Dispute Settlement System: Journeys for the 21st Century, editors Jean E. Kalicki and Anna Joubin-Bret offer for the first time a broad compendium of practical suggestions for reform of the current system of resolving international investment treaty disputes. The increase in cases against States and their challenge to public policy measures has generated a strong debate, usually framed by complaints about a perceived lack of legitimacy, consistency and predictability. While some ideas have been proposed for improvement, there has never before been a book systematically focusing on constructive paths forward. This volume features 38 chapters by almost 50 leading contributors, all offering concrete proposals to improve the ISDS system for the 21st century.

International Dispute Resolution and the Public Policy Exception

Farshad Ghodoosi
International Dispute Resolution and the Public Policy Exception Book PDF

Author : Farshad Ghodoosi
Publisher : Routledge
Page : 152 pages
File Size : 52,7 Mb
Release : 2016-06-10
Category : Law
ISBN : 9781317292845

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International Dispute Resolution and the Public Policy Exception by Farshad Ghodoosi Pdf

Despite the unprecedented growth of arbitration and other means of ADR in treaties and transnational contracts in recent years, there remains no clearly defined mechanism for control of the system. One of the oldest yet largely marginalized concepts in law is the public policy exception. This doctrine grants discretion to courts to set aside private legal arrangements, including arbitration, which might be considered harmful to the "public". The exceptional and vague nature of the doctrine, along with the strong push of actors in dispute resolution, has transformed it, in certain jurisdictions, to a toothless doctrine. At the international level, the notion of transnational public policy has been devised in order to capture norms that are "truly" transnational and amenable for application in cross-border litigations. Yet, despite the importance of this discussion—a safety valve and a control mechanism for today’s international and domestic international dispute resolution— no major study has ventured to review and analyze it. This book provides a historical, theoretical and practical background on public policy in dispute resolution with a focus on cross-border and transnational disputes. Farshad Ghodoosi argues that courts should adopt a more systemic approach to public policy while rejecting notions such as transnational public policy, which limits the application of those norms with mandatory nature. Contrary to the current trend, the book invites the reader to re-conceptualize the role of public policy, and transnational dispute resolution, in order to have more sustainable, fair and efficient mechanisms for resolving disputes outside of national courts. The book sheds light on one of the most important yet often-neglected control mechanisms of today’s international dispute resolution and will be of particular interest to students and academics in the fields of International Investment Law, International Trade Law, Business and Economics.

The Forces of Economic Globalization

Katherine Lynch,Katherine L. Lynch
The Forces of Economic Globalization Book PDF

Author : Katherine Lynch,Katherine L. Lynch
Publisher : Kluwer Law International B.V.
Page : 480 pages
File Size : 48,6 Mb
Release : 2003-01-01
Category : Law
ISBN : 9789041119940

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The Forces of Economic Globalization by Katherine Lynch,Katherine L. Lynch Pdf

Increased economic interdependencies and trade flows between states, innovations in information technology and computer networks, a global shift toward market economies and regional and multilateral trade arrangements, have all led to an increasingly globalized world economy. The Forces of Economic Globalization: Challenges to the Regime of International Commercial Arbitration examines some of the challenges facing the regime of international commercial arbitration in the contemporary global economy. It considers the debates concerning the transformation of the global order and the role of nation states within the context of international commercial arbitration. Issues discussed include the transformative effect of economic globalization, the role of the epistemic community and the increased institutionalization within the international arbitral regime, the nationalization of international commercial arbitration and the denationalization and harmonization trends, the competitive nature of legislative reform, convergence and divergence in the international arbitral process, multilateralism and regionalism, market modernization and transnationalism, globalization and lex mercatoria, and the development of online arbitration schemes in cyberspace. This book seeks to analyze the inner penetration of a form of world polity or transnational order ? comprised of part epistemic community, institutional networks, national laws and multilateral conventions, norms, rules, principles and transnational ideology ? on the traditional notion of state sovereignty within the international arbitral regime. The book will interest practitioners and academics with an interest in international commercial arbitration.

Arbitration and Mediation in International Business

Christian Bühring-Uhle,Lars Kirchhoff,Gabriele Scherer
Arbitration and Mediation in International Business Book PDF

Author : Christian Bühring-Uhle,Lars Kirchhoff,Gabriele Scherer
Publisher : Kluwer Law International B.V.
Page : 334 pages
File Size : 49,5 Mb
Release : 2006-01-01
Category : Law
ISBN : 9789041122568

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Arbitration and Mediation in International Business by Christian Bühring-Uhle,Lars Kirchhoff,Gabriele Scherer Pdf

"Arbitration and mediation in international business was first published in 1996 and was one of the first comprehensive studies on the practice of international business dispute resolution, covering both international commercial arbitration and the so-called ?alternative? techniques such as mediation. The book also provided an empirical analysis of how both arbitration and mediation are conducted in a crossborder context, along with a normative guide to the relative costs and benefits of these two methods. This second edition is not just an updated version of the first edition but a new book in itself: Benefitting from the contributions of two co-authors, the work has been enhanced by discussions of innovative tools for making settlement negotiations more effective, and by the in-depth analysis of practical techniques to integrate mediation and arbitration in international business. Also, a comprehensive new empirical survey was conducted in order to capture new trends in this rapidly developing field. The result is a ?must have? resource for anyone having to deal with potential conflict in international business relationships."--Publisher's website.

Judging at the Interface

Esmé Shirlow
Judging at the Interface Book PDF

Author : Esmé Shirlow
Publisher : Cambridge University Press
Page : 381 pages
File Size : 51,9 Mb
Release : 2021-02-18
Category : Law
ISBN : 9781108490979

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Judging at the Interface by Esmé Shirlow Pdf

This book investigates how international adjudicators defer to State decision-making authority, and what that reveals about the domestic-international interface.

International Arbitration Law and Practice, Third Edition

Mauro Rubino-Sammartano
International Arbitration Law and Practice Third Edition Book PDF

Author : Mauro Rubino-Sammartano
Publisher : Juris Publishing, Inc.
Page : 2072 pages
File Size : 46,5 Mb
Release : 2014-01-01
Category : Arbitration (International law)
ISBN : 9781937518158

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International Arbitration Law and Practice, Third Edition by Mauro Rubino-Sammartano Pdf

This third edition of International Arbitration Law and Practice has been largely enriched by covering international commercial arbitrations, investment treaty arbitrations, arbitrations between public bodies, between states and individuals, the UNCITRAL model law and Iran-US Tribunal proceedings as well as commodity arbitration, online arbitration and sports arbitral proceedings. International Arbitration Law and Practice, 3rd edition elaborates new concepts such as a definition of international arbitration based on procedural law (different from transnational law) and a doctrine (the tronc commun doctrine) to identify the applicable substantive law on disputes between parties belonging to different countries. It further suggests that a law of international arbitration has arisen from the various conventions and laws. Besides dealing with all the aspects of arbitration on a topic by topic basis, the writer presents a third generation arbitration which builds on analysis of major obstacles to a smooth running arbitration.International Arbitration Law and Practice, 3rd edition is a work that anyone involved in arbitral proceedings will find to be absolutely indispensable.

Arbitration of International Business Disputes

William W. Park
Arbitration of International Business Disputes Book PDF

Author : William W. Park
Publisher : OUP Oxford
Page : 1096 pages
File Size : 53,5 Mb
Release : 2012-09-20
Category : Law
ISBN : 9780191634819

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Arbitration of International Business Disputes by William W. Park Pdf

Arbitration of International Business Disputes 2nd edition is a fully revised and updated anthology of essays by Rusty Park, a leading scholar in international arbitration and a sought-after arbitrator for both commercial and investment treaty cases. This collection focuses on controversial questions in arbitration of trade, financial, and investment disputes. The essays address some of the most interesting topics in cross-border business dispute resolution, many of which have endured over several decades and remain subject to radically different views. Examples include the proper role of judicial review, the allocation of jurisdictional tasks, evolution of arbitration's statutory and treaty framework, free trade and bilateral investment agreements, and the balance between fixed rules and arbitral discretion. The book is structured around three themes: arbitration's legal framework; the conduct of arbitral proceedings; and a comparison of arbitration in specific fields such as finance, intellectual property, and taxation. In each of these areas, analysis includes the tensions between fairness and efficiency, and the accurate application of substantive law as well as the implications of mandatory procedural norms. Augmented by more than a dozen new contributions and a revised introduction, this 2nd edition retains all of its earlier practical and scholarly relevance, and includes a Foreword by V. V. (Johnny) Veeder QC.

International Commercial Arbitration and African States

Amazu A. Asouzu
International Commercial Arbitration and African States Book PDF

Author : Amazu A. Asouzu
Publisher : Cambridge University Press
Page : 640 pages
File Size : 42,7 Mb
Release : 2001-10-18
Category : Law
ISBN : 0521641322

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International Commercial Arbitration and African States by Amazu A. Asouzu Pdf

International Commercial Arbitration and African States is a timely assessment of the arbitral process in the African context. The book focuses on the contribution that arbitration, and other methods of alternative dispute resolution, may make to the development of African states and peoples, while satisfying the legitimate expectations of inward investors and traders. Although focusing on dispute resolution regimes affecting or concerning African states and their nationals, the work will also have practical, policy and comparative implications for dispute resolution, commercial arbitration and foreign investment in other regions.

International Arbitration and the Rule of Law

Anonim
International Arbitration and the Rule of Law Book PDF

Author : Anonim
Publisher : Kluwer Law International B.V.
Page : 1120 pages
File Size : 41,9 Mb
Release : 2017-09-22
Category : Law
ISBN : 9789041194466

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International Arbitration and the Rule of Law by Anonim Pdf

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?