The Technological Competence Of Arbitrators

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The Technological Competence of Arbitrators

Katia Fach Gómez
The Technological Competence of Arbitrators Book PDF

Author : Katia Fach Gómez
Publisher : Springer Nature
Page : 180 pages
File Size : 55,7 Mb
Release : 2023-11-25
Category : Law
ISBN : 9783031116810

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The Technological Competence of Arbitrators by Katia Fach Gómez Pdf

Arbitration is facing revolutionary changes due to new technologies’ irruption into the entire arbitration proceeding. Wide-ranging technical-legal concepts such as e-discovery, e-hearing, cyber-security protocol, e-deliberations, algorithmic decision-making and digital signing have become part of life. Technology’s impact on arbitration is unlikely to decrease after the COVID crisis; on the contrary, how the arbitration community positions itself vis-à-vis technology will be a key factor in determining arbitration’s future. Faced with this challenging scenario, the book discusses a novel legal topic: arbitrators’ relationship with this increasingly ubiquitous, rapidly-changing technology. This innovative book applies journalism’s “5 W questions” to the underexplored issue of arbitrators’ digital competence. It reaches a workable definition of what digital competence in the current arbitration context is, also providing answers to the essential question of why arbitrators’ digital competence is relevant from legal and financial points of view. Attention then shifts to who, with reflections on arbitrators working in a highly technological context and clarification of their relationship with other legal and non-legal actors. The book equally offers an in-depth comparative study of the question of where arbitrators’ technological competence is regulated, with critical analysis of soft and hard law provisions that may impose a digital competence duty. Finally, the book specifies when arbitrators need to be digitally competent and develops legal proposals regarding key procedural stages (initial conference, hearings) and legal topics (cybersecurity, data protection). The first study to scrutinise the rapidly changing relationship between arbitrators and technology, the book aims to spark a crucial debate among practitioners and scholars. Academically rigorous and using the latest legal material, it emphasises arbitrators’ needs, rights and duties in our technological age, presenting them alongside carefully selected practical topics. The unprecedented and well-grounded proposals for arbitrators’ digital competence are intended to be a call to action for its broad target audience.

International Arbitration and Technology

Pietro Ortolani,André Janssen,Pieter Wolters
International Arbitration and Technology Book PDF

Author : Pietro Ortolani,André Janssen,Pieter Wolters
Publisher : Kluwer Law International B.V.
Page : 280 pages
File Size : 48,7 Mb
Release : 2022-10-11
Category : Law
ISBN : 9789403518169

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International Arbitration and Technology by Pietro Ortolani,André Janssen,Pieter Wolters Pdf

Digitalization is increasingly impacting the practice of international arbitration. Especially in the wake of COVID-19, technological solutions are adopted by counsel, tribunals, and arbitral institutions. This trend is likely to continue in the future, thus changing the way in which international arbitration is practiced. International arbitration and technology offers the first up-to-date and comprehensive overview of the interplay between technology and international arbitration, with a specific focus on the technological developments which are currently available and already practically relevant. The authors’ practical perspectives on the impact of technology on arbitration yield valuable insights for arbitrators, tribunal secretaries, international arbitration counsel, and arbitral institutions. As many aspects of their work are already impacted by technology, they will find much value within this book’s pages. Furthermore, the book is of interest for academics working in the fields of international dispute resolution, and law and technology.

Selected Papers on International Arbitration

Derya Durlu Gürzumar,Christoph Bruckschweiger,Jonas Pust,Janis Matthys,Hannes Latzel,Sooraj Sharma
Selected Papers on International Arbitration Book PDF

Author : Derya Durlu Gürzumar,Christoph Bruckschweiger,Jonas Pust,Janis Matthys,Hannes Latzel,Sooraj Sharma
Publisher : Stämpfli Verlag
Page : 206 pages
File Size : 40,8 Mb
Release : 2020-03-10
Category : Law
ISBN : 9783727219610

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Selected Papers on International Arbitration by Derya Durlu Gürzumar,Christoph Bruckschweiger,Jonas Pust,Janis Matthys,Hannes Latzel,Sooraj Sharma Pdf

Das Werk Series on International Arbitration, Volume 5, enthält die besten Abschlussarbeiten aller Teilnehmer, die das Nachdiplomstudium in internationaler Schiedsgerichtsbarkeit der Swiss Arbitration Academy SAA erfolgreich abgeschlossen haben. Die Arbeiten decken verschiedene wichtige Aspekte der internationalen Schiedsgerichtsbarkeit ab. Die Swiss Arbitration Academy ist eine private Institution, deren Mitbegründer die Herausgeber des vorliegende Heftes sind. Sie führt jedes Jahr einen intensiven und praxisorientierten Kurs in internationaler Schiedsgerichtsbarkeit durch. Der Kurs richtet sich an Anwältinnen und Anwälte, Unternehmensjuristinnen und -juristen und weitere Fachleute, die an einer innovativen und praxisnahen Ausbildung im Bereich der internationalen Streitbeilegung interessiert sind. Alle Teilnehmer, die den Kurs mit der Einreichung der Abschlussarbeit erfolgreich abschließen, erhalten das SAA-Zertifikat und den Titel "Arbitration Practitioner ArbP". The SAA Series on International Arbitration contains the best graduation papers of all participants who successfully completed the post-graduate studies in international arbitration of the SAA Swiss Arbitration Academy. The papers cover different important aspects of international arbitration. The Swiss Arbitration Academy is a private institution co-founded and managed by the editors of this volume. Each year, the SAA offers and conducts an intensive and practical course in international arbitration. The training has been designed for lawyers, in-house counsel, and other professionals interested in cutting-edge international dispute resolution education. All participants who successfully complete the course, which includes the submission of the final paper, are awarded the SAA Certificate and the title Arbitration Practitioner ArbP.

Competence-Competence in the Face of Illegality in Contracts and Arbitration Agreements

Richard H. Kreindler
Competence Competence in the Face of Illegality in Contracts and Arbitration Agreements Book PDF

Author : Richard H. Kreindler
Publisher : BRILL
Page : 501 pages
File Size : 45,7 Mb
Release : 2013-08-16
Category : Law
ISBN : 9789004257559

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Competence-Competence in the Face of Illegality in Contracts and Arbitration Agreements by Richard H. Kreindler Pdf

Also available as an e-book Competence-competence and corruption have, for different reasons, been mainstays of international dispute resolution thought and practice for the longest time. In the last few years, their intersection has become increasingly important and problematic. These lectures seek to define the problem and to provide acceptable solutions where possible. They attempt to derive support from both a stringent dogmatic approach and pragmatic attention to real-life expectations and conduct. More so than in other areas of private international law, the intersection between the powers of the arbitrator and the illegality of the subject matter or the parties’ conduct poses a particular challenge. That challenge is to postulate proper solutions under the law, including principles of transnational or international law, to conduct which can take on a multiplicity of appearances owing to conflicting cultural understandings of what is and is not legal in commercial life. The statement that bribery and corruption offend transnational or international public policy does not relieve the arbitrator from the burden of scrutinizing that statement doctrinally and exploring its consequences in a period of ever-increasing globalization of economic activity and investment.

Arbitration

Thomas J. Stipanowich,Amy J. Schmitz
Arbitration Book PDF

Author : Thomas J. Stipanowich,Amy J. Schmitz
Publisher : Aspen Publishing
Page : 435 pages
File Size : 53,9 Mb
Release : 2022-09-15
Category : Law
ISBN : 9781543859195

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Arbitration by Thomas J. Stipanowich,Amy J. Schmitz Pdf

Arbitration: Practice, Policy, and Lawprovides students with a practice-based approach that helps them apply legal concepts under the Federal Arbitration Act and other laws, and better identify the value of arbitration practice and procedures. This casebook provides vivid examples from actual cases, literature, and current media. It also offers diverse readings by leading authors, along with comprehensive attention to prominent developments in the field and access to video interviews of 100 arbitrators and leading arbitration scholars. The text integrates coverage of law, ethics, and practice, as well as interesting notes, thoughtful problems, and provocative questions. It includes all the coverage of arbitration found in Resolving Disputes, the survey text. Professors and students will benefit from: Strong authorship, from leading scholar-practitioners at the two #1 law schools in Dispute Resolution—Pepperdine and Ohio State University. A practice-based approach that helps students apply concepts, including realistic roleplays, exercises, and problems that facilitate classroom discussion. Concise content, with organization and readings designed to support a class that considers law in the context of practice, instead of solely focusing on law – as is common with most arbitration casebooks. Informal writing style, interesting examples, practical advice, and thought-provoking questions, all written specifically for law students who will soon represent clients in resolving disputes. A variety of carefully designed, skills-oriented exercises on negotiating and drafting arbitration and dispute resolution procedures, conducting and managing arbitration processes, and deliberating and drafting arbitration awards. Unique attention to technology, and the role is now plays in modern arbitration practice. Discrete treatment of arbitration practice in business-to-business settings and consumer or employment scenarios. Access to 100 interviews with arbitration leaders. An overview of the many forms of arbitration, and the flexibility inherent in arbitration as a consensual dispute resolution process. Unique treatment of mixed mode scenarios involving forms of interplay between arbitration and mediation or negotiation.

Arbitration in the Digital Age

Maud Piers,Christian Aschauer
Arbitration in the Digital Age Book PDF

Author : Maud Piers,Christian Aschauer
Publisher : Cambridge University Press
Page : 327 pages
File Size : 47,7 Mb
Release : 2018-01-25
Category : Law
ISBN : 9781108417907

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Arbitration in the Digital Age by Maud Piers,Christian Aschauer Pdf

Demonstrates the enormous impact that the use of technology is having, and will continue to have, on arbitration.

Conciliation of Construction Industry Disputes

Brian Bond
Conciliation of Construction Industry Disputes Book PDF

Author : Brian Bond
Publisher : Taylor & Francis
Page : 336 pages
File Size : 45,9 Mb
Release : 2023-11-10
Category : Law
ISBN : 9781000989465

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Conciliation of Construction Industry Disputes by Brian Bond Pdf

Conciliation of Construction Industry Disputes describes Conciliation as it has evolved and been practised in Ireland for the past 25 years and provides readers with practical guidance on this Alternative Dispute Resolution (ADR) method. Conciliation combines advantages of both mediation and adjudication and has been very widely practiced in Ireland over the last 25 years. It is low cost, quick and has been hugely successful. It continues to be the most used and preferred method of resolution of disputes in Irish construction contracts despite the introduction of statutory adjudication. The book includes a comparison of the various methods of ADR and will assess how Conciliation fits into them, noting the pros and cons of each. Conciliation is described in detail and the reasons for its success are analysed. This book provides comprehensive guidance on how conciliation should be conducted to maximise its chance of being successful. Drawing on his wide experience of resolving disputes by conciliation, Brian Bond illustrates the problems which can be encountered and how they may be overcome. This book will be useful reading for all involved in construction contracts, construction managers, lawyers and legal advisers, conciliators, those aspiring to become conciliators and anyone looking for an alternative dispute resolution method to a construction contracts dispute.

International Arbitration and the COVID-19 Revolution

Maxi Scherer,Niuscha Bassiri,Mohamed S. Abdel Wahab
International Arbitration and the COVID 19 Revolution Book PDF

Author : Maxi Scherer,Niuscha Bassiri,Mohamed S. Abdel Wahab
Publisher : Kluwer Law International B.V.
Page : 314 pages
File Size : 52,9 Mb
Release : 2020-11-17
Category : Law
ISBN : 9789403528434

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International Arbitration and the COVID-19 Revolution by Maxi Scherer,Niuscha Bassiri,Mohamed S. Abdel Wahab Pdf

International Arbitration and the COVID-19 Revolution Edited by Maxi Scherer, Niuscha Bassiri & Mohamed S. Abdel Wahab The impact of the COVID-19 pandemic on all major economic sectors and industries has triggered profound and systemic changes in international arbitration. Moreover, the fact that entire proceedings are now being conducted remotely constitutes so significant a deviation from the norm as to warrant the designation ‘revolution’. This timely book is the first to describe and analyse how the COVID-19 crisis has redefined arbitral practice, with critical appraisal from well-known practitioners of the pandemic’s effects on substantive and procedural aspects from the commencement of proceedings until the enforcement of the award. With practical guidance from a variety of perspectives – legal, practical, and sector-specific – on the conduct of international arbitration during the COVID-19 pandemic and beyond, the chapters present leading practitioners’ insights into the unprecedented and multifaceted issues that arise. They provide expert tips and challenges in such practical matters as the following: preventing and resolving disputes of particular types – construction, energy, aviation, technology, media and telecommunication, finance and insurance; arbitrator appointments; issues of planning, preparation and sample procedural orders; witness preparation and cross-examination; e-signature of arbitral awards; setting aside and enforcement proceedings; and third-party funding. Also included are an empirical survey of users’ views and an overview of how the COVID-19 revolution has affected the arbitration rules of leading arbitral seats. With this timely and practical book, arbitration practitioners and scholars will gain up-to-date knowledge of sector-specific challenges brought about by the COVID-19 pandemic and approach arbitration proceedings with an understanding of the most important legal and practical considerations during the crisis and beyond.

Handbook of ICC Arbitration

Thomas H. Webster,Dr Michael Buhler
Handbook of ICC Arbitration Book PDF

Author : Thomas H. Webster,Dr Michael Buhler
Publisher : Sweet & Maxwell
Page : 1017 pages
File Size : 54,5 Mb
Release : 2014
Category : Law
ISBN : 9780414044630

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Handbook of ICC Arbitration by Thomas H. Webster,Dr Michael Buhler Pdf

Handbook of ICC Arbitration provides expert analysis of the whole process of using and adhering to the ICC Arbitration Rules. It examines close up the diverse issues that can occur during an arbitration and hosts essential information related to arbitration on an international level with reference to published and unpublished awards and procedural orders, as well as to many decisions of national courts.

The Environment Through the Lens of International Courts and Tribunals

Edgardo Sobenes,Sarah Mead,Benjamin Samson
The Environment Through the Lens of International Courts and Tribunals Book PDF

Author : Edgardo Sobenes,Sarah Mead,Benjamin Samson
Publisher : Springer Nature
Page : 754 pages
File Size : 53,6 Mb
Release : 2022-06-01
Category : Law
ISBN : 9789462655072

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The Environment Through the Lens of International Courts and Tribunals by Edgardo Sobenes,Sarah Mead,Benjamin Samson Pdf

This book brings together leading and emerging scholars and practitioners to present an overview of how regional, international and transnational courts and tribunals are engaging with the environment. With the natural world under unprecedented pressure, the book highlights the challenges and opportunities presented by international dispute resolution for the protection of the environment and the further development of international environmental law. Presented in three parts, it addresses how individual courts and tribunals engage with environmental matters (Part I); how courts and tribunals are resolving key issues common to environmental litigation (Part II); and future opportunities and developments in the field (Part III). The book is an essential one-stop-shop for students, practitioners and academics alike interested in international litigation and the protection of our global environment. Edgardo Sobenes is an international lawyer and consultant in international law (ESILA), Sarah Mead is a lawyer specialising in international environmental and human rights law, and Benjamin Samson is a researcher at the Université Paris Nanterre and consultant in international law.

The Culture of International Arbitration

Won L. Kidane
The Culture of International Arbitration Book PDF

Author : Won L. Kidane
Publisher : Oxford University Press
Page : 504 pages
File Size : 55,8 Mb
Release : 2017-02-24
Category : Law
ISBN : 9780199973934

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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.

Arbitration and International Trade in the Arab Countries

Nathalie Najjar
Arbitration and International Trade in the Arab Countries Book PDF

Author : Nathalie Najjar
Publisher : BRILL
Page : 1340 pages
File Size : 55,8 Mb
Release : 2017-10-30
Category : Law
ISBN : 9789004357488

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Arbitration and International Trade in the Arab Countries by Nathalie Najjar Pdf

Arbitration and International Trade in the Arab Countries examines international trade arbitration in the MENA region and analyses legal sources, decisions and practices through the prism of freedom and safety requirements. The work is an essential guide to the body of arbitration law at both the practical and theoretical levels.

AAA Handbook on Employment Arbitration and ADR

American Arbitration Association
AAA Handbook on Employment Arbitration and ADR Book PDF

Author : American Arbitration Association
Publisher : Juris Publishing, Inc.
Page : 560 pages
File Size : 41,9 Mb
Release : 2010-12-01
Category : Arbitration and award
ISBN : 9781933833545

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AAA Handbook on Employment Arbitration and ADR by American Arbitration Association Pdf

Assembled from Dispute Resolution Journal - the flagship publication of the American Arbitration Association - the chapters in the Handbook have all, where necessary , been revised and updated prior to publication. The book is succinct, comprehensive and a practical introduction to the use of arbitration and ADR, written by leading practitioners and scholars. This work begins with a general introduction to employment ADR, discussing such topics as where plaintiffs can better vindicate their rights, general employment law strategies, how to assess workplace disputes and conflicts, and options for resolution. Employers are offered valuable advice on how to implement a successful employment arbitration program, with real-life examples to work from. Mediation of employment conflicts and employment arbitration are explored and a comparison of the two is provided, including with respect to statutory employment conflicts. Topics include respectfulness in the workplace, bullying, racial and cultural conflicts, sexual harassment, Disabilities Act disputes, airline disputes, weight discrimination, and discrimination based on marriage and pregnancy. Lastly, this book takes a look at the U.S. Supreme Court decision 14 Penn Plaza LLC v. Pyett, where the Court clarified and reaffirmed the use of mandatory arbitration for resolution of workplace disputes. The chapters were selected from an extensive body of writings and, in the main, represent world-class assessments of arbitration and ADR practice. All the major facets of the field are addressed and provide the reader with comprehensive and accurate information, lucid evaluations, and an indication of future developments. They not only acquaint, but also ground the reader in the field.

Privatizing Justice

Sarah Staszak
Privatizing Justice Book PDF

Author : Sarah Staszak
Publisher : Oxford University Press
Page : 305 pages
File Size : 52,7 Mb
Release : 2024
Category : Law
ISBN : 9780197771723

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Privatizing Justice by Sarah Staszak Pdf

While the use of arbitration in the private sector has grown dramatically in recent decades, arbitration itself is not new. Yet the practice today looks very different than it did at its origins. How did arbitration shift from providing a low cost, less adversarial, and more efficient way of handling disputes between relative equals to a private, non-reviewable, and compulsory forum for resolving disputes between individuals and corporations that almost always favors the latter? Privatizing Justice examines the broader institutional, political, and legal dynamics that shaped this century-long transformation and explains why the system that emerged has shifted power to corporations, exacerbated inequality, and eroded democracy.

Digitalization and the Use of New Technologies in International Arbitration

Magdalena Łągiewska
Digitalization and the Use of New Technologies in International Arbitration Book PDF

Author : Magdalena Łągiewska
Publisher : BRILL
Page : 217 pages
File Size : 53,9 Mb
Release : 2024-06-17
Category : Law
ISBN : 9789004700710

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Digitalization and the Use of New Technologies in International Arbitration by Magdalena Łągiewska Pdf

Digital advancements are changing the face of international dispute resolution. This book examines the impact of digitalization and new technologies on international arbitration, discussing both advantages and challenges. It seeks to answer the question of whether international law in the field of international commercial arbitration is keeping pace with technological change. It takes a fresh look at issues that have recently emerged in the international arbitration landscape by focusing on the innovative use of artificial intelligence, particularly in relation to blockchain and ODR. Against this background, the Chinese solutions are worth analyzing and watching.