Author : Kidane
Publisher : Unknown
Page : 128 pages
File Size : 48,9 Mb
Release : 2015
Category : Electronic
ISBN : 0199361924
Culture of International Arbitration
Kidane
The Culture Of International Arbitration
The Culture Of International Arbitration Book in PDF, ePub and Kindle version is available to download in english. Read online anytime anywhere directly from your device. Click on the download button below to get a free pdf file of The Culture Of International Arbitration book. This book definitely worth reading, it is an incredibly well-written.
The Culture of International Arbitration
Won Kidane
Author : Won Kidane
Publisher : Oxford University Press
Page : 337 pages
File Size : 46,7 Mb
Release : 2017
Category : Law
ISBN : 9780199973927
The Culture of International Arbitration by Won Kidane Pdf
Although international arbitration has emerged as a credible means of resolution of transnational disputes involving parties from diverse cultures, the effects of culture on the accuracy, efficiency, fairness, and legitimacy of international arbitration is a surprisingly neglected topic within the existing literature. The Culture of International Arbitration fills that gap by providing an in-depth study of the role of culture in modern day arbitral proceedings. It contains a detailed analysis of how cultural miscommunication affects the accuracy, efficiency, fairness, and legitimacy in both commercial and investment arbitration when the arbitrators and the parties, their counsel and witnesses come from diverse legal traditions and cultures. The book provides a comprehensive definition of culture, and methodically documents and examines the epistemology of determining facts in various legal traditions and how the mixing of traditions influences the outcome. By so doing, the book demonstrates the acute need for increasing cultural diversity among arbitrators and counsel while securing appropriate levels of cultural competence. To provide an accurate picture, Kidane conducted interviews with leading international jurists from diverse legal traditions with first-hand experience of the complicating effects of culture in legal proceedings. Given the insights and information on the rules and expectations of the various legal traditions and their convergence in modern day international arbitration practice, this book challenges assumptions and can offer a unique and useful perspective to all practitioners, academics, policy makers, students of international arbitration.
The Culture of International Arbitration and The Evolution of Contract Law
Joshua D H Karton
Author : Joshua D H Karton
Publisher : OUP Oxford
Page : 0 pages
File Size : 55,7 Mb
Release : 2013-03-07
Category : Law
ISBN : 0199658005
The Culture of International Arbitration and The Evolution of Contract Law by Joshua D H Karton Pdf
Examining a developing culture of international commercial arbitration and the implications for the evolution of contract law, this book includes case studies and analysis from interviews with international arbitrators and national court judges, and identifies trends to explain and predict arbitration decisions on issues of substantive law.
The Culture of International Arbitration
Won L. Kidane
Author : Won L. Kidane
Publisher : Oxford University Press
Page : 352 pages
File Size : 55,8 Mb
Release : 2017-02-24
Category : Law
ISBN : 9780190667429
The Culture of International Arbitration by Won L. Kidane Pdf
Although international arbitration has emerged as a credible means of resolution of transnational disputes involving parties from diverse cultures, the effects of culture on the accuracy, efficiency, fairness, and legitimacy of international arbitration is a surprisingly neglected topic within the existing literature. The Culture of International Arbitration fills that gap by providing an in-depth study of the role of culture in modern day arbitral proceedings. It contains a detailed analysis of how cultural miscommunication affects the accuracy, efficiency, fairness, and legitimacy in both commercial and investment arbitration when the arbitrators and the parties, their counsel and witnesses come from diverse legal traditions and cultures. The book provides a comprehensive definition of culture, and methodically documents and examines the epistemology of determining facts in various legal traditions and how the mixing of traditions influences the outcome. By so doing, the book demonstrates the acute need for increasing cultural diversity among arbitrators and counsel while securing appropriate levels of cultural competence. To provide an accurate picture, Kidane conducted interviews with leading international jurists from diverse legal traditions with first-hand experience of the complicating effects of culture in legal proceedings. Given the insights and information on the rules and expectations of the various legal traditions and their convergence in modern day international arbitration practice, this book challenges assumptions and can offer a unique and useful perspective to all practitioners, academics, policy makers, students of international arbitration.
International Dispute Resolution:Towards an International Arbitration Culture
A. J. van den Berg
Author : A. J. van den Berg
Publisher : Springer
Page : 292 pages
File Size : 53,8 Mb
Release : 1998-03-06
Category : Law
ISBN : STANFORD:36105061970971
International Dispute Resolution:Towards an International Arbitration Culture by A. J. van den Berg Pdf
In ICCA's eighth Congress Series, international experts, professionals and practitioners in the field of arbitration examine the topic of the culture of international arbitration. ICCA's 1996 Seoul Conference, hosted by the Korean Commercial Arbitration Board, addressed four questions: is there a growing international arbitration culture? is there an expanding culture that favours combining arbitration, conciliation or other dispute resolution procedures? to what extent do arbitrators in international cases disregard the bag and baggage of national systems? and when and where do national courts reflect an international culture when deciding issues relating to international arbitration'.
International Dispute Resolution
Albert Jan van den Berg
Author : Albert Jan van den Berg
Publisher : Unknown
Page : 242 pages
File Size : 54,6 Mb
Release : 1998-01-01
Category : Electronic
ISBN : 9041105611
International Dispute Resolution by Albert Jan van den Berg Pdf
Diversity in International Arbitration
Shahla F. Ali,Filip Balcerzak,Giorgio F. Colombo,Joshua Karton
Author : Shahla F. Ali,Filip Balcerzak,Giorgio F. Colombo,Joshua Karton
Publisher : Edward Elgar Publishing
Page : 313 pages
File Size : 51,7 Mb
Release : 2022-11-04
Category : Law
ISBN : 9781803920047
Diversity in International Arbitration by Shahla F. Ali,Filip Balcerzak,Giorgio F. Colombo,Joshua Karton Pdf
After decades of focus on harmonization, which for too many represents no more than Western legal dominance and a largely homogeneous arbitration practitioner community, this ground-breaking book explores the increasing attention being paid to the need for greater diversity in the international arbitration ecosystem. It examines diversity in all its forms, investigating how best to develop an international arbitral order that is not just tolerant of diversity, but that sustains and promotes diversity in concert with harmonized practices.
Cultural Heritage in International Investment Law and Arbitration
Valentina Vadi
Author : Valentina Vadi
Publisher : Cambridge University Press
Page : 379 pages
File Size : 48,9 Mb
Release : 2014-03-13
Category : Law
ISBN : 9781107038486
Cultural Heritage in International Investment Law and Arbitration by Valentina Vadi Pdf
Valentina Vadi assesses whether cultural heritage has and/or should have any relevance in international investment law and policy.
Conflicting Legal Cultures in Commercial Arbitration
Anonim
Author : Anonim
Publisher : Unknown
Page : 186 pages
File Size : 44,9 Mb
Release : 1999
Category : Conflict of laws
ISBN : OCLC:757600105
Conflicting Legal Cultures in Commercial Arbitration by Anonim Pdf
"The great strength of the arbitration process lies in its independence from any particular legal culture. Inevitably, its (cross-cultural perspective) has brought it to the fore as the preferred means of resolving international commercial disputes. The Institute of Advanced Legal Studies in London has long been concerned to promote scholarship and research in the law and practice relating to alternative dispute resolution. During its jubilee year, the Institute organised a prestigious series of lectures, which formed the basis of this book on the law pertaining to international arbitration. The nine authors bring a truly international perspective to their work Their combined experience has involved them in arbitrations In many countries in Europe, Asia, North America and South America; several of them have in addition had various posts in international diplomacy and in major international organisations. They include Dr. Christian Boris, on the civil law versus common law in arbitration culture; Professor Andreas F. Lowenfeld, on the 'mix' that creates the international arbitration process; Dr. Serge Lazareff, on the search for a common procedural approach; Sigvard Jarvin, who compares the leading international arbitration seats; Jonathon Crook, on arbitration seats in the Far East; Ambassador Malcolm R. Wilkey, on the practicalities of cross-cultural arbitration; Jean Reed Haynes, on the confidentiality of international arbitration; Dr. Horacio A. Grigera Naon, on Latin American arbitration culture; and Dr. Bernardo M. Cremades, on how interactive arbitration overcomes the clash of legal cultures. Conflicting Legal Cultures in Commercial Arbitration brings international arbitration as it is currently practised into sharp focus, and will be of great value to all practitioners, academics and students in the field."--Publisher's website.
International Arbitration and International Commercial Law
Eric E. Bergsten
Author : Eric E. Bergsten
Publisher : Kluwer Law International B.V.
Page : 882 pages
File Size : 45,9 Mb
Release : 2011-01-01
Category : Law
ISBN : 9789041135223
International Arbitration and International Commercial Law by Eric E. Bergsten Pdf
Over the last half-century, as UNCITRAL official, professor, arbitrator and father of the Willem C. Vis Arbitration Moot, Eric Bergsten has been at the forefront of progress in international commercial arbitration. Now, on the occasion of his eightieth birthday, the international arbitration and sales law community has gathered to honour him with this substantial collection of new essays on the many facets of the field to which he continues to bring his intellect, integrity, inquisitive nature, eye for detail, precision, and commitment to public service. Celebrating the long-standing and sustained contribution Eric Bergsten has made in international commercial law, international arbitration, and legal education, more than fifty colleagues - among them quite a few of the best-known arbitrators and arbitration academics in the world - present 45 pieces that, individually both engaging and incisive, collectively present a thorough and far-reaching account of the state of the field today, with contributions covering international sales law, commercial law, commercial arbitration, and investment arbitration. In addition, nine essays on issues in legal education mirror the great importance of the renowned Willem C. Vis International Commercial Arbitration Moot, Eric's Vienna project which has offered a life-changing experience for so many young lawyers from all over the world.
International Arbitration: When East Meets West
Neil Kaplan,Michael Pryles,Chiann Bao
Author : Neil Kaplan,Michael Pryles,Chiann Bao
Publisher : Kluwer Law International B.V.
Page : 310 pages
File Size : 49,9 Mb
Release : 2020-10-09
Category : International commercial arbitration
ISBN : 9789403520629
International Arbitration: When East Meets West by Neil Kaplan,Michael Pryles,Chiann Bao Pdf
As Asia, China, in particular, gains economic momentum and increasingly attracts global attention, disputes between Asian and Western parties will inevitably increase. This book, the first to address issues arising from these types of disputes in depth, collects incisive articles by both well-known Asian arbitrators and non-Asian practitioners with extensive experience dealing with arbitrations involving Asian parties, all under the aegis of Michael Moser, a Western-trained lawyer who had the foresight to build a China-focused dispute resolution practice at a time when it was not fashionable to do so. The articles reflect Moser’s exemplary career as an independent arbitrator who has navigated between Asian and Western legal cultures seamlessly for decades. The upshot is an authoritative investigation of the differences and similarities of international arbitration between two contrasting cultures–both from a legal and social perspective– as well as a consideration of how each culture has influenced international arbitration practice overall. Issues covered include the following: interim measures in support of arbitration; the hybrid arbitration-mediation mode of dispute resolution; what China’s investment treaties have to offer; Moser’s ‘Triple A’ approach to mediation; witness conferencing; influence of of rang (¿), or exercise of altruism; Chinese courts’ approach to international arbitration; evolution of investment protection between China and Europe; disclosure versus state secrecy laws in China; and the standard for disclosure in rules of evidence. Given the increasing prevalence of arbitrations seated in Asia and the number of new players engaged in arbitration in Asia, this book is certain to attract a wide range of arbitration practitioners, especially those engaged in arbitrations involving Asian parties. As a comparative study of Asian and Western arbitration theory and practice, it is peerless. Scholars of arbitration worldwide are sure to learn from the insights detailed here of practitioners with consummate experience in arbitrations involving cross-cultural parties. “This is an excellent and wide ranging publication that rightly pays tribute to Michael’s career as a multi-faceted doyen of international arbitration; he has had his base in Asia but at all times he has held a global and even minded view. Many of us – and the overall institution of international arbitration - owe so very much to him.” Matthew Gearing, QC, former Chair of HKIAC “This wide-ranging and insightful volume pays tribute to the distinguished career of Michael Moser, a true Renaissance figure who has traversed both East and West and helped so many others bridge the two.” Gary Born, WilmerHale
The Art of Advocacy in International Arbitration
R. Doak Bishop,Edward G. Kehoe
Author : R. Doak Bishop,Edward G. Kehoe
Publisher : Juris Publishing, Inc.
Page : 668 pages
File Size : 45,8 Mb
Release : 2010-05-01
Category : Arbitration (International law)
ISBN : 9781933833613
The Art of Advocacy in International Arbitration by R. Doak Bishop,Edward G. Kehoe Pdf
Written by today’s leading arbitrators and counsel, this remarkably candid guide provides insight into the practitioner’s approach, conduct, style, and techniques that have proven most effective. While the facts and the law are fundamental, a successful outcome is the product of painstaking document review, witness interviews, legal research, strategizing and focusing the case, and developing compelling written and oral presentations. How to properly perform these tasks is the subject of this book. And where the first edition focused mainly on the cultural differences in advocacy performed in various regions of the world, this new edition expands on this theme by addressing each functional aspect of an international arbitration and the techniques that have been developed for good written and oral advocacy. Intended to assist both the novice in learning the techniques of advocacy, and the experienced advocate in improving his skills, this is an essential reference.
Arbitration in China
Kun Fan
Author : Kun Fan
Publisher : Bloomsbury Publishing
Page : 366 pages
File Size : 46,7 Mb
Release : 2013-02-11
Category : Law
ISBN : 9781782250739
Arbitration in China by Kun Fan Pdf
In the context of harmonisation of arbitration law and practice worldwide, to what extent do local legal traditions still influence local arbitration practices, especially at a time when non-Western countries are playing an increasingly important role in international commercial and financial markets? How are the new economic powers reacting to the trend towards harmonisation? China provides a good case study, with its historic tradition of non-confrontational means of dispute resolution now confronting current trends in transnational arbitration. Is China showing signs of adapting to the current trend of transnational arbitration? On the other hand, will Chinese legal culture influence the practice of arbitration in the rest of the world? To address these challenging questions it is necessary to examine the development of arbitration in the context of China's changing cultural and legal structures. Written for international business people, lawyers, academics and students, this book gives the reader a unique insight into arbitration practice in China, based on a combination of theoretical analysis and practical insights. It explains contemporary arbitration in China from an interdisciplinary perspective and with a comparative approach, setting Chinese arbitration in its wider social context to aid understanding of its history, contemporary practice, the legal obstacles to modern arbitration and possible future trends. In 2011 the thesis on which this book was based was named 'Best Thesis in International Studies' by the Swiss Network for International Studies. “What distinguishes this work from other books on international arbitration is its interdisciplinary perspective and comparative approach...this book makes a remarkable contribution to the understanding of arbitration in China and transnational arbitration in general. Academics, scholars and students of international arbitration, comparative studies and globalisation may all find this book stimulating. It also provides useful guidance for practitioners involved or interested in arbitration in China.” From the Foreword by Gabrielle Kaufmann-Kohler
International Arbitration in Latin America
Nigel Blackaby
Author : Nigel Blackaby
Publisher : Springer
Page : 0 pages
File Size : 47,6 Mb
Release : 2003-01-01
Category : Law
ISBN : 9041118217
International Arbitration in Latin America by Nigel Blackaby Pdf
The last few years, even months, have seen radical changes in commercial arbitration in almost every Latin American jurisdiction. International Arbitration in Latin America is a first of its kind publication that provides the lawyer, arbitrator, and businessperson with a thorough overview of the current status of international arbitration in the region. Freshfields Bruckhans Deringer's Nigel Blackaby, Clifford Chance's David Lindsey, and Argentine lawyer Alessandro Spinillo have joined with others in the field of arbitration in Latin America to compile the first comprehensive review of commercial arbitration in major Latin American jurisdictions as well as notable developments in the use of arbitration mechanisms contained in bilateral and multilateral investments treaties and free trade agreements. The book provides not only a detailed analysis of the law, but also insight from local practitioners into the culture of arbitration and how the law is applied. Features of the book include a comprehensive and thorough overview of commercial arbitration in Latin America; a detailed analysis of the law and insight from local practitioners from Argentina, Brazil, Chile, Colombia, Ecuador, Mexico, Peru, and Venezuela; a brief look at the rules and peculiarities of the proposed Mercosur International Commercial Arbitration Agreements entered into by Argentina, Brazil, Paraguay, Uruguay, Bolivia, and Chile, whose eventual ratification and coming into force is contemplated; an examination concerning the adoption of arbitration as a method of dispute resolution for investors against states under bilateral investment treaties, over 300 of which have now been signed in the region; the text of the key sections of the international conventions to which reference is made (Panama Convention, NAFTA, Mercosur); and it also describes the increasing use of alternative dispute resolution in Latin America and how it might be best used as a complement for arbitration proceedings, with an emphasis on complex projects where staged dispute resolution might be appropriate.
The Rise of Transparency in International Arbitration
Alberto Malatesta ,Rinaldo Sali
Author : Alberto Malatesta ,Rinaldo Sali
Publisher : Juris Publishing, Inc.
Page : 228 pages
File Size : 52,7 Mb
Release : 2013-08-01
Category : Law
ISBN : 9781937518233
The Rise of Transparency in International Arbitration by Alberto Malatesta ,Rinaldo Sali Pdf
The Rise of Transparency in International Arbitration is inspired by a joint research conducted in the last years by the Milan Chamber of Arbitration and the Law School of the University Carlo Cattaneo–LIUC, Castellanza, in Italy. The two bodies have shared a common concern in order to increase the use of international commercial arbitration and to develop a proper culture in the field: the need for enhancing transparency and especially for a wider dissemination of arbitral awards. The advantages of arbitration as the main alternative means of dispute resolution are well known and undisputed. Privacy and confidentiality are among them and at the same time among the prevailing features of any arbitral proceedings. However, sometimes users have the feeling to deal with a close and too slow-growing world. The need, if not the request, for a greater accountability of the arbitral world in the whole is more and more widespread. In this context the aim of this book is on the one hand to spur discussion and to shed new light on the traditional idea of confidentiality in international commercial arbitration (and in some other figures alike). Although this idea is sometimes founded upon sound reasons that cannot be ignored or totally set aside, it must be reconsidered by taking into account the rise of transparency. On the other hand, a specific proposal is made in order to step ahead from the current situation, with particular reference to the issue of the publication of the awards. In this respect, the main outcome is the Guidelines for the Anonymous Publication of Arbitral Awards, already adopted and experienced by the Milan Chamber. They are addressed to institutions, practitioners, scholars with the goal to favor the circulation of the awards and of the related decisions.
