The European Convention On International Commercial Arbitration

The European Convention On International Commercial 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 European Convention On International Commercial Arbitration book. This book definitely worth reading, it is an incredibly well-written.

The European Convention on International Commercial Arbitration

Gerold Zeiler,Alfred Siwy
The European Convention on International Commercial Arbitration Book PDF

Author : Gerold Zeiler,Alfred Siwy
Publisher : Kluwer Law International B.V.
Page : 270 pages
File Size : 50,6 Mb
Release : 2019-01-15
Category : Law
ISBN : 9789041185914

Get Book

The European Convention on International Commercial Arbitration by Gerold Zeiler,Alfred Siwy Pdf

Originally drafted during the Cold War era to facilitate trade between Western and Eastern European countries, the European Convention on International Commercial Arbitration (ECICA) has come to the fore in recent years as commercial relationships proliferate between Western Europe and such resource-rich countries as Russia, Ukraine, and Kazakhstan. This commentary is the first comprehensive overview in English of the Convention's provisions, annexes, subsequent agreements, and relevant case law and scholarship. Following three introductory chapters—on subjective arbitrability, applicable law, and ordre public in enforcement procedures—the book provides detailed commentary and analysis of each of the Convention's articles in turn. Detailed answers will be found to such questions as the following: • Which law is applicable to the substance of a dispute within the Convention's scope of application? • Can a defective arbitration clause be “saved” and, if so, how? • In which circumstances can awards be enforced which have been set aside in the state of origin? • In which circumstances may courts decide in a matter governed by an arbitration agreement? In contrast to the other major international commercial arbitration body of rules—the New York Convention—the ECICA goes beyond enforcement and recognition of awards and codifies standards of conduct and procedure. These innovative provisions are discussed in depth. Arbitration disputes are increasing across the vast geographical region in which the ECICA is applicable, and practitioners acting in such disputes will welcome this thorough commentary on the functionality, advantages, and disadvantages of each of the Convention's provisions. They will approach national courts and arbitral tribunals with full knowledge of the rules of procedure and benefit from analysis of court decisions. Global firms, particularly in the oil and gas industry, will also appreciate the book's masterful explication of this powerful instrument in international commercial arbitration.

International Commercial Arbitration in the European Union

Chukwudi Ojiegbe
International Commercial Arbitration in the European Union Book PDF

Author : Chukwudi Ojiegbe
Publisher : Edward Elgar Publishing
Page : 320 pages
File Size : 42,8 Mb
Release : 2020-11-27
Category : Law
ISBN : 9781800375437

Get Book

International Commercial Arbitration in the European Union by Chukwudi Ojiegbe Pdf

This illuminating book contributes to knowledge on the impact of Brexit on international commercial arbitration in the EU. Entering the fray at a critical watershed in the EU’s history, Chukwudi Ojiegbe turns to the interaction of court litigation and international commercial arbitration, offering crucial insights into the future of EU law in these fields.

Essays on International Commercial Arbitration

Petar Sarcevic
Essays on International Commercial Arbitration Book PDF

Author : Petar Sarcevic
Publisher : BRILL
Page : 272 pages
File Size : 43,9 Mb
Release : 1989-01-01
Category : Law
ISBN : 0860107051

Get Book

Essays on International Commercial Arbitration by Petar Sarcevic Pdf

In the light of the considerable reliance placed by the international business community on systems of dispute settlement, this work gathers together contributions (in French & English) by experts from a wide range of specialisations. They successfully address the regulation & practice of arbitration in the Arab World, assessing the contribution of European & American legislation & the impact of the UNCITRAL model law. The contributions by eminent legal practitioners, academics, members of government & judiciary, reflect also upon current developments. The volume publishes the proceedings of the third Euro-Arab Congress held in Amman, October 1989; the second volume Euro-Arab Arbitration II was published in 1989 by Graham & Trotman.

International Commercial Arbitration and the Brussels I Regulation

Louise Hauberg Wilhelmsen
International Commercial Arbitration and the Brussels I Regulation Book PDF

Author : Louise Hauberg Wilhelmsen
Publisher : Edward Elgar Publishing
Page : 288 pages
File Size : 55,8 Mb
Release : 2018-04-27
Category : Law
ISBN : 9781788115056

Get Book

International Commercial Arbitration and the Brussels I Regulation by Louise Hauberg Wilhelmsen Pdf

The Brussels I Regulation, which ensures the free circulation of judgments within the EU, was recently revised; one of the main issues addressed was whether the Regulation affects the efficient resolution of international commercial disputes through arbitration within the Union. This book provides an in depth examination of the interface between the Regulation and international commercial arbitration. The author demonstrates that the consequences of this interface can encourage the use of delaying tactics, hampering the efficient resolution of international disputes.

International Commercial Arbitration

Gary B. Born
International Commercial Arbitration Book PDF

Author : Gary B. Born
Publisher : Kluwer Law International B.V.
Page : 5391 pages
File Size : 51,5 Mb
Release : 2014-10-01
Category : Law
ISBN : 9789041154156

Get Book

International Commercial Arbitration by Gary B. Born Pdf

The second edition of Gary Born's International Commercial Arbitration is an authoritative 4,408 page treatise, in three volumes, providing the most comprehensive commentary and analysis, on all aspects of the international commercial arbitration process, that is available. The first edition of International Commercial Arbitration is widely acknowledged as the preeminent commentary in the field. It was awarded the 2011 Certificate of Merit by the American Society of International Law and was voted the International Dispute Resolution Book of the Year by the Oil, Gas, Mining and Infrastructure Dispute Management list serve in 2010. The first edition has been extensively cited in national court decisions and arbitral awards around the world. The treatise comprehensively examines the law and practice of contemporary international commercial arbitration, thoroughly explicating all relevant international conventions, national arbitration statutes and institutional arbitration rules. It focuses on both international instruments (particularly the New York Convention) and national law provisions in all leading jurisdictions (including the UNCITRAL Model Law on International Commercial Arbitration). Practitioners, academics, clients, institutions and other users of international commercial arbitration will find clear and authoritative guidance in this work. The second edition of International Commercial Arbitration has been extensively revised, expanded and updated, to include all material legislative, judicial and arbitral authorities in the field of international arbitration prior to January 2014. It also includes expanded treatment of annulment, recognition of awards, counsel ethics, arbitrator independence and impartiality and applicable law. Overview of volumes: Volume I, covering International Arbitration Agreements,provides a comprehensive discussion of international commercial arbitration agreements. It includes chapters dealing with the legal framework for enforcing international arbitration agreements; the separability presumption; choice of law; formation and validity; nonarbitrability; competence-competence and the allocation of jurisdictional competence; the effects of arbitration agreements; interpretation and non-signatory issues. Volume II, covering International Arbitration Procedures, provides a detailed discussion of international arbitral procedures. It includes chapters dealing with the legal framework for international arbitral proceedings; the selection, challenge and replacement of arbitrators; the rights and duties of international arbitrators; selection of the arbitral seat; arbitration procedures; disclosure and discovery; provisional measures; consolidation, joinder and intervention; choice of substantive law; confidentiality; and legal representation and standards of professional conduct. Volume III, dealing with International Arbitral Awards, provides a detailed discussion of the issues arising from international arbitration awards. It includes chapters covering the form and contents of awards; the correction, interpretation and supplementation of awards; the annulment and confirmation of awards; the recognition and enforcement of arbitral awards; and issues of preclusion, lis pendens and staredecisis.

Overriding Mandatory Rules in International Commercial Arbitration

Hossein Fazilatfar
Overriding Mandatory Rules in International Commercial Arbitration Book PDF

Author : Hossein Fazilatfar
Publisher : Edward Elgar Publishing
Page : 224 pages
File Size : 51,6 Mb
Release : 2019-12-27
Category : Law
ISBN : 9781788973854

Get Book

Overriding Mandatory Rules in International Commercial Arbitration by Hossein Fazilatfar Pdf

Overriding Mandatory Rules in International Commercial Arbitration discusses the applicability of mandatory rules of law in international commercial arbitration and addresses the concerns of the arbitrators and judges at various stages of arbitration and the enforcement of the award.

International Commercial Arbitration

Gary B. Born
International Commercial Arbitration Book PDF

Author : Gary B. Born
Publisher : Kluwer Law International B.V.
Page : 5388 pages
File Size : 53,6 Mb
Release : 2020-11-23
Category : Law
ISBN : 9789403526447

Get Book

International Commercial Arbitration by Gary B. Born Pdf

International Commercial Arbitration is an authoritative 4,250 page treatise, in three volumes, providing the most comprehensive commentary and analysis, on all aspects of the international commercial arbitration process that is available. The Third Edition of International Commercial Arbitration has been comprehensively revised, expanded and updated, To include all legislative, judicial and arbitral authorities, and other materials in the field of international arbitration prior to June 2020. It also includes expanded treatment of annulment, recognition of awards, counsel ethics, arbitrator independence and impartiality and applicable law. The revised 4,250 page text contains references to more than 20,000 cases, awards and other authorities and will enhance the treatise’s position as the world’s leading work on international arbitration. The first and second editions of International Commercial Arbitration have been routinely relied on by courts and arbitral tribunals around the world ((including the highest courts of the United States, United Kingdom, Singapore, India, Hong Kong, New Zealand, Australia, the Netherlands and Canada) and international arbitral tribunals (including ICC, SIAC, LCIA, AAA, ICSID, SCC and PCA), e.g.: U.S. Supreme Court – GE Energy Power Conversion France SAS, Corp. v. Outokumpu Stainless USA, LLC, 590 U.S. - (U.S. S.Ct. 2020); BG Group plc v. Republic of Argentina, 572 U.S. 25 (U.S. S.Ct. 2014); Canadian Supreme Court – Uber v. Heller, 2020 SCC 16 (Canadian S.Ct.); Yugraneft Corp. v. Rexx Mgt Corp., [2010] 1 R.C.S. 649, 661 (Canadian S.Ct.); U.K. Supreme Court – Jivraj v. Hashwani [2011] UKSC 40, ¶78 (U.K. S.Ct.); Dallah Real Estate & Tourism Holding Co. v. Ministry of Religious Affairs, Gov’t of Pakistan [2010] UKSC 46 (U.K. S.Ct.); Swiss Federal Tribunal – Judgment of 25 September 2014, DFT 5A_165/2014 (Swiss Fed. Trib.); Indian Supreme Court – Bharat Aluminium v. Kaiser Aluminium, C.A. No. 7019/2005, ¶¶138-39, 142, 148-49 (Indian S.Ct. 2012); Singapore Court of Appeal – Rakna Arakshaka Lanka Ltd v. Avant Garde Maritime Servs. Ltd, [2019] 2 SLR 131 (Singapore Ct. App.); PT Perusahaan Gas Negara (Persero) TBK v. CRW Joint Operation, [2015] SGCA 30 (Singapore Ct. App.); Larsen Oil & Gas Pte Ltd v. Petroprod Ltd, [2011] SGCA 21, ¶19 (Singapore Ct. App.); Australian Federal Court – Hancock Prospecting Pty Ltd v. Rinehart, [2017] FCAFC 170 (Australian Fed. Ct.); Hague Court of Appeal – Judgment of 18 February 2020, Case No. 200.197.079/01 (Hague Gerechtshof); Arbitral Tribunals – Lao Holdings NV v. Lao People's Democratic Republic I, Award in ICSID Case No. ARB(AF)/12/6, 6 August 2019; Gold Reserve Inc. v. Bolivarian Republic of Venezuela, Decision regarding the Claimant’s and the Respondent’s Requests for Corrections, ICSID Case No. ARB(AF)/09/1, 15 December 2014; Total SA v. The Argentine Republic, Decision on Stay of Enforcement of the Award, ICSID Case No. ARB/04/01, 4 December 2014; Millicom Int'l Operations B.V. v. Republic of Senegal, Decision on Jurisdiction of the Arbitral Tribunal, ICSID Case No. ARB/08/20, 16 July 2010; Lemire v. Ukraine, Dissenting Opinion of Jürgen Voss, ICSID Case No. ARB/06/18, 1 March 2011.

International Arbitration and EU Law

José R. Mata Dona,Nikos Lavranos
International Arbitration and EU Law Book PDF

Author : José R. Mata Dona,Nikos Lavranos
Publisher : Edward Elgar Publishing
Page : 643 pages
File Size : 51,8 Mb
Release : 2021-03-26
Category : Law
ISBN : 9781788974004

Get Book

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.

Arbitration and Human Rights

Toms Krūmiņš
Arbitration and Human Rights Book PDF

Author : Toms Krūmiņš
Publisher : Springer Nature
Page : 334 pages
File Size : 42,6 Mb
Release : 2020-08-12
Category : Law
ISBN : 9783030542375

Get Book

Arbitration and Human Rights by Toms Krūmiņš Pdf

This book presents a creative synthesis of two ostensibly disparate fields of law – arbitration and human rights. More specifically, it focuses on various legislative approaches to excluding the annulment of arbitral awards (setting-aside proceedings) at the seat of arbitration and evaluates the compatibility of such approaches with the European Convention on Human Rights (ECHR), in particular the right to a fair trial under Article 6(1). The book first assesses the applicability and impact of the ECHR, in particular Article 6(1), on international commercial arbitration. It then analyses a number of legislative approaches to excluding setting-aside proceedings, focusing on two synergetic phenomena – exclusion agreements and the total lack of setting-aside proceedings in national arbitration law. Lastly, the book investigates to what extent the lack of setting-aside proceedings in national arbitration law may lead to a violation of arbitrating parties’ right to a fair trial under Article 6(1), and puts forward certain de lege ferenda recommendations on how to best approach the regulation of setting-aside proceedings in national arbitration law from the standpoint of compliance with the ECHR.

The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes

Zena Prodromou
The Public Order Exception in International Trade Investment Human Rights and Commercial Disputes Book PDF

Author : Zena Prodromou
Publisher : Kluwer Law International B.V.
Page : 313 pages
File Size : 50,8 Mb
Release : 2020-08-12
Category : Law
ISBN : 9789403520018

Get Book

The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes by Zena Prodromou Pdf

In the process of resolving disputes, it is not uncommon for parties to justify actions otherwise in breach of their obligations by invoking the need to protect some aspect of the elusive concept of public order. Until this thoroughly researched book, the criteria and factors against which international dispute bodies assess such claims have remained unclear. Now, by providing an in-depth comparative analysis of relevant jurisprudence under four distinct international dispute resolution systems – trade, investment, human rights and international commercial arbitration – the author of this invaluable book identifies common core benchmarks for the application of the public order exception. To achieve the broadest possible scope for her analysis, the author examines the public order exception’s function, role and application within the following international dispute resolution systems: relevant World Trade Organization (WTO) agreements as enforced by the organization’s Dispute Settlement Body and Appellate Body; international investment agreements as enforced by competent Arbitral Tribunals and Annulment Committees under the International Center for Settlement of Investment Disputes; provisions under the Inter-American Convention of Human Rights and the European Convention of Human Rights as enforced by the Inter-American Court of Human Rights and the European Court of Human Rights, respectively; and the New York Convention as enforced by national tribunals across the world. Controversies, tensions and pitfalls inherent in invoking the public order exception are elucidated, along with clear guidelines on how arguments may be crafted in order to enhance prospects of success. Throughout, tables and graphs systematize key aspects of the relevant jurisprudence under each of the dispute resolution systems analysed. As an immediate practical resource for lawyers on any side of a dispute who wish to invoke or strengthen a public order exception claim, the book’s systematic analysis will be welcomed by lawyers active in WTO disputes, international investment arbitration, human rights law or enforcement of foreign arbitral awards. Academics and policymakers will find a signal contribution to the ongoing debate on the existence, legal basis, content and functions of the transnational public order.

International Arbitration Treaties

Hans Smit,Vratislav Pechota
International Arbitration Treaties Book PDF

Author : Hans Smit,Vratislav Pechota
Publisher : Juris Publishing, Incorporated
Page : 0 pages
File Size : 55,8 Mb
Release : 1998
Category : Arbitration (International law)
ISBN : 1578230144

Get Book

International Arbitration Treaties by Hans Smit,Vratislav Pechota Pdf

Treaties protect the integrity of international arbitration by ensuring that signatory countries can depend on recognition, confirmation, execution & enforcement of foreign arbitral awards. A country's ability to do business with the international investment community may well depend on whether they have acceded to a particular convention. This one-volume guide provides the full text of all the major treaties along with historical & drafting information, lists of signatories & a helpful bibliography. This handy resource also contains the UNCITRAL Model Law on International Commercial Arbitration, 1985. Many nations have either adopted or adapted the UNCITRAL model for their domestic arbitration laws. In addition, the Geneva Protocol on Arbitration Clauses, 1923, is provided. The Conventions included are: . Geneva Convention on the Execution of Foreign Arbitral Awards, 1927 . New York Convention on the Recognition & Enforcement of Foreign Arbitral Awards, 1958 . European Convention on International Commercial Arbitration, 1961 . Convention on the Settlement of Investment Disputes Between States & Nationals of Other States, 1965 . European Convention Providing a Uniform Law on Arbitration, 1966 . Inter-America Convention on International Commercial Arbitration, 1975 . United Nations Convention on the Carriage of Goods by Sea, 1978 . Inter-America Convention on Extra-territorial Validity of Foreign Judgments & Arbitral Awards, 1979.