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Author : Mikaël Schinazi
Publisher : Cambridge University Press
Page : 385 pages
File Size : 44,7 Mb
Release : 2021-12-16
Category : Business & Economics
ISBN : 9781108835176
A history of modern international commercial arbitration theory and practice from the eighteenth century to the present day.
Author : Franco Ferrari,Friedrich Rosenfeld
Publisher : Kluwer Law International B.V.
Page : 560 pages
File Size : 48,9 Mb
Release : 2023-05-12
Category : Law
ISBN : 9789403503172
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.
Author : Born
Publisher : Unknown
Page : 128 pages
File Size : 47,7 Mb
Release : 2014-03-01
Category : Electronic
ISBN : 9041152199
The second edition of Gary Born's International Commercial Arbitration is an authoritative 3,950 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 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 Jan 2014.
Author : Alan Redfern,Martin Hunter
Publisher : Unknown
Page : 904 pages
File Size : 50,8 Mb
Release : 1991
Category : Arbitration agreements, Commercial
ISBN : UCAL:B4591035
This volume provides a detailed review of the process of international commercial arbitration, from the drafting of the arbitration agreement to the enforcement of the arbitral tribunal's award. It has been revised to include appendices which describe the arbitration rules of various countries.
Author : Stephen M. Schwebel,Luke Sobota,Ryan Manton
Publisher : Cambridge University Press
Page : 355 pages
File Size : 42,8 Mb
Release : 2020-01-23
Category : Law
ISBN : 9780521768023
Considers the vitality of the international arbitral process through an updated examination of three salient problems.
Author : Jan Paulsson
Publisher : Cambridge University Press
Page : 159 pages
File Size : 53,6 Mb
Release : 2020-08-06
Category : Law
ISBN : 9781108840699
Challenges the claim to elevate the theory of abuse of rights to the status of a general principle of law.
Author : Jan Paulsson
Publisher : Unknown
Page : 331 pages
File Size : 52,5 Mb
Release : 2013-11
Category : Law
ISBN : 9780199564163
Providing a theoretical examination of the concept of arbitration, this book explores the place of arbitration in the legal process and examines the ethical challenges to arbitral authority and its moral hazards.
Author : Gary B. Born
Publisher : Kluwer Law International B.V.
Page : 5391 pages
File Size : 48,9 Mb
Release : 2014-10-01
Category : Law
ISBN : 9789041154156
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.
Author : Nigel Blackaby,Constantine Partasides,Alan Redfern,Martin Hunter
Publisher : Oxford University Press, USA
Page : 780 pages
File Size : 41,8 Mb
Release : 2009-10-15
Category : Law
ISBN : STANFORD:36105134486146
Reviewing the legal context within which international commercial arbitration operates, this text has been updated to reflect recent developments in international law.
Author : Gabrielle Kaufmann-Kohler,Antonio Rigozzi
Publisher : Oxford University Press
Page : 691 pages
File Size : 41,5 Mb
Release : 2015
Category : Law
ISBN : 9780199679751
This third edition, and the first in English, of the globally-cited Arbitrage International-Droit et Pratique à la Lumière de la LDIP, provides complete guidance on arbitration law and practice relating to Switzerland from two of the leading authorities on Swiss practice.
Author : Wouter Werner
Publisher : Cambridge University Press
Page : 205 pages
File Size : 49,7 Mb
Release : 2022-02-03
Category : Law
ISBN : 9781316510780
An exploration of the dialectical role of repetition in international law, building on insights from philosophy, sociology, theatre and film.
Author : Cait Storr
Publisher : Cambridge University Press
Page : 321 pages
File Size : 41,8 Mb
Release : 2020-09-17
Category : Law
ISBN : 9781108498500
This book offers a new account of Nauru's imperial history and examines its significance in the history of international law.
Author : Antal Berkes
Publisher : Cambridge University Press
Page : 389 pages
File Size : 44,8 Mb
Release : 2021-06-17
Category : Law
ISBN : 9781108840620
An analysis of international human rights law's applicability and effectiveness in geographic areas where the State has lost territorial control.
Author : C. L. Lim
Publisher : Cambridge University Press
Page : 551 pages
File Size : 48,8 Mb
Release : 2021-10-21
Category : Business & Economics
ISBN : 9781108480598
A convenient single volume introduction to international arbitration written by experts, including discussion of the latest developments.
Author : Ntina Tzouvala
Publisher : Cambridge University Press
Page : 277 pages
File Size : 52,8 Mb
Release : 2020-10-29
Category : Law
ISBN : 9781108497183
Using the theoretical tools drawn from historical materialism and deconstruction, Tzouvala offers a comprehensive history of the standard of civilisation.