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Author : John Bassett Moore
Publisher : Unknown
Page : 48 pages
File Size : 50,7 Mb
Release : 1896
Category : Arbitration (International law)
ISBN : UOM:39015012335439
Author : Laurence Shore,Tai-Heng Cheng,Jenella E. La Chuisa,Lawrence Schaner,Mara V.J. Senn
Publisher : Kluwer Law International B.V.
Page : 888 pages
File Size : 52,8 Mb
Release : 2016-04-24
Category : Law
ISBN : 9789041190819
International Arbitration in the United States is a comprehensive analysis of international arbitration law and practice in the United States (U.S.). Choosing an arbitration seat in the U.S. is a common choice among parties to international commercial agreements or treaties. However, the complexities of arbitrating in a federal system, and the continuing development of U.S. arbitration law and practice, can be daunting to even experienced arbitrators. This book, the first of its kind, provides parties opting for “private justice” with vital judicial reassurance on U.S. courts’ highly supportive posture in enforcing awards and its pronounced reluctance to intervene in the arbitral process. With a nationwide treatment describing both the default forum under federal arbitration law and the array of options to which parties may agree in state courts under state international arbitration statutes, this book covers aspects of U.S. arbitration law and practice as the following: .institutions and institutional rules that practitioners typically use; .ethical considerations; .costs and fees; .provisional measures; and .confidentiality. There are also chapters on arbitration in specialized areas such as class actions, securities, construction, insurance, and intellectual property.
Author : John Bassett Moore
Publisher : Unknown
Page : 21 pages
File Size : 50,7 Mb
Release : 1892
Category : Arbitration (International law)
ISBN : OCLC:642595834
Author : John Bassett Moore
Publisher : Unknown
Page : 32 pages
File Size : 45,5 Mb
Release : 1896
Category : Arbitration (International law)
ISBN : OCLC:1274035555
Author : Emmanuel Gaillard,Jennifer Younan
Publisher : Juris Publishing, Inc.
Page : 622 pages
File Size : 44,7 Mb
Release : 2008
Category : Law
ISBN : 9781929446964
States get involved in international affairs either directly or through their instrumentalities. The activities of these instrumentalities raise many issues, two of which have given rise to significant recent developments both in arbitral and domestic case law. The first is whether and under what conditions a State may be held liable for the conduct of such instrumentalities on the basis of an investment treaty. This issue will be the subject of a systematic survey of ICSID and ICC case law and that of other arbitral tribunals so as to identify the circumstances in which such liability may arise. The second issue, which is addressed by State courts, is whether and under what conditions State instrumentalities that have a separate and autonomous legal personality may be held liable for the pecuniary obligations of the State. A comparative law study focusing in particular on solutions found in French, English and U.S. law will provide answers to the question as to whether an award holding a State liable may be enforced against the assets of instrumentalities of that State, where such instrumentalities are prima facie separate juridical persons.
Author : American Arbitration Association
Publisher : Juris Publishing, Inc.
Page : 492 pages
File Size : 49,9 Mb
Release : 2010-10-01
Category : Arbitration and award, International
ISBN : 9781933833484
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. The Handbook contains valuable guidance on international commercial arbitration, including the management of arbitration disputes, how to select an international arbitral institution, an explanation of the effect of international public policy, the duties of arbitrators, the presentation and evaluation of evidence in international arbitration, and how to arbitrate against a state sovereign. The enforcement of international arbitral awards is explored, including interim relief and problems with enforcement, the New York Convention, parallel proceedings, and pivotal decisions such as Chromalloy and TermoRio. International mediation is also examined, including guidelines for selecting the best mediator for an international dispute, the power of mediation to resolve international commercial disputes, and the differences in U.S. and European approaches. Lastly, the section on investment and trade arbitration and mediation explores bilateral investment treaties, examines WTO arbitration procedures, offers advice on saving time and money in cross-border commercial disputes, and provides guidance for U.S. investors to follow in dealing with sovereign states. The chapters in the Handbook 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.
Author : John Bassett Moore
Publisher : Unknown
Page : 862 pages
File Size : 46,7 Mb
Release : 1898
Category : Arbitration (International law)
ISBN : UCAL:B4463425
Author : Gary B. Born
Publisher : Aspen Publishing
Page : 1932 pages
File Size : 42,6 Mb
Release : 2021-10-13
Category : Law
ISBN : 9781543851960
Buy a new version of this textbook and receive access to the Connected eBook on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Learn more about Connected eBooks. This important casebook is based on the leading commentary in the field—Born’s treatise, International Commercial Arbitration (Kluwer Law International, 3d ed. 2021). The casebook provides a comprehensive treatment of international commercial arbitration (focused on the New York Convention and UNCITRAL Model Law), while also offering comparative examples drawn from state-to-state and investment arbitration. An easy-to-use chronological structure follows the course of an international arbitration. Careful case excerpts allow instruction to focus on key stages of the arbitration, legal issues and practical aspects of international arbitration, while also providing opportunities for discussions of policy considerations. New to the Third Edition: Comprehensively updated through April 2021 to include: Legislative enactments, judicial decisions, arbitral awards, institutional rule amendments, and other developments Excerpts of, and notes on, GE Power v. Outokumpu Stainless, Enka v. Chubb, Halliburton v. Chubb, ASA Bioenergy v. Ometto, and recent arbitral awards Updates of all leading institutional arbitration rules Notes on ALI Restatement of the U.S. Law of International Commercial and Investor-State Arbitration Revisions to IBA Guidelines on Conflicts of Interest in International Arbitration, proposed UNCITRAL/ICSID Code of Conduct for Adjudicators in International Investment Disputes, and Prague Rules on Efficient Conduct of International Arbitration Proceedings Updated Notes with issues encountered in an international arbitration practice group, including in-person versus remote hearings, arbitrator selection, multi-party arbitrations, and costs Professors and student will benefit from: A text that is: Based on Gary Born’s treatise, International Commercial Arbitration, Third Edition, which is recognized as the leading treatise in the field and is routinely cited in decisions by the U.S., U.K., Canadian, Australian, Indian, and other Supreme Courts Thoroughly international, with materials focused on the New York Convention and Inter-American Convention, and the UNCITRAL Model Law Directed toward international commercial arbitration, while including chapters and materials on investment arbitration and state-to-state arbitration, which can be included with varying levels of emphasis: courses can focus largely on international commercial arbitration or, alternatively, treat all types of international arbitration equally Materials including judicial decisions and statutory materials drawn from all leading jurisdictions (European, Asian, Americas, etc.) and arbitral awards under all leading institutional and other rules A thorough treatment of international arbitration in the United States, under the Federal Arbitration Act Carefully edited excerpts of judicial decisions, awards, institutional arbitration rules, and other materials, to focus instruction and classroom discussion on key issues Notes and questions identify practical issues arising in international arbitration Experienced authors with 35 years of practice as counsel and arbitrator in international arbitrations and close involvement with leading international arbitral institutions Teaching materials Include: Teacher’s Manual Born’s Lectures (available separately, at limited cost, from Wolters Kluwer), together with PowerPoints
Author : Gary B. Born
Publisher : Kluwer Law International B.V.
Page : 627 pages
File Size : 49,6 Mb
Release : 2021-06-07
Category : Law
ISBN : 9789403532547
International Arbitration: Law and Practice (Third Edition) provides comprehensive and authoritative coverage of the basic principles and legal doctrines, and the practice, of international arbitration. The book contains a systematic, but concise, treatment of all aspects of the arbitral process, including international arbitration agreements, international arbitral proceedings and international arbitral awards. The Third Edition guides both students and practitioners through the entire arbitral process, beginning with drafting, enforcing and interpreting international arbitration agreements, to selecting arbitrators and conducting arbitral proceedings, to recognizing, enforcing and seeking to annul arbitral awards. The book is written in clear, accessible language, suited for both law students and non-specialist practitioners, as well as more experienced readers. This highly regarded work addresses both international commercial arbitration and the related fields of investment and state-to-state arbitration and is essential reading for any student of international arbitration and any practitioner seeking a complete introduction to the field. The Third Edition has been comprehensively updated to include recent legislative amendments, judicial decisions and arbitral awards. Among other things, the book provides detailed treatment of the New York Convention, the UNCITRAL Model Law on International Commercial Arbitration, all leading institutional arbitration rules (including ICC, SIAC, LCIA, AAA and others), the ICSID Convention and ICSID Arbitration Rules, and judicial decisions from leading jurisdictions. The Third Edition is integrated with the author’s classic International Commercial Arbitration and with the online Born International Arbitration Lectures, enabling students, teachers and practitioners to explore particular topics in more detail. About the Author: Gary B. Born is the world’s leading authority on international arbitration and litigation. He has practiced extensively in both fields in Europe, the United States, Asia and elsewhere. He is the author of International Commercial Arbitration (Kluwer Law International 3rd ed. 2021), International Arbitration and Forum Selection Agreements: Drafting and Enforcing (Kluwer Law International 6th ed. 2021), International Commercial Arbitration: Cases and Materials (Aspen 3rd ed. 2021) and International Civil Litigation in United States Courts (Aspen 6th ed. 2018).
Author : John Bassett Moore
Publisher : Unknown
Page : 1106 pages
File Size : 40,7 Mb
Release : 1898
Category : Arbitration (International law)
ISBN : UIUC:30112106906958
Author : Bjorn Arp,Rodrigo Polanco
Publisher : Kluwer Law International B.V.
Page : 324 pages
File Size : 50,5 Mb
Release : 2022-07-06
Category : Law
ISBN : 9789403546933
Numerous developments across the world in recent years bear witness to States’ increasing skepticism about the benefits of international cooperation and the efficiency of international economic law understood as a multilateral set of rules equally binding on all States. This timely book reviews situations where this new economic nationalism may impact the way arbitration—in both commercial and investment disputes—is practiced. Distinguished international arbitrators and academic experts analyze a wide array of topics, covering a broad spectrum of juristic traditions, geographic areas, foreign investment protection laws, and dispute resolution mechanisms and issues. Topics covered include the following: evolution of the definitions of arbitrable standards; amendments to procedural rules; States’ policy choices as reflected in recent investment treaties; procedural trends to restrict access to investment arbitration; the effects of the Achmea decision in the European Union; growing use of the public policy exception; dispute settlement of public-private partnership agreements; and diversification of dispute resolution methods (e.g., business courts). An important feature of the book is the ability it offers to compare various contemporary transformations of dispute settlement mechanisms, with attention to developments in a number of jurisdictions including the United States, the European Union, China, Canada, Switzerland, Turkey, and the Latin American countries. With its comprehensive analysis of how economic nationalism may lead to limiting the jurisdictional, procedural, and substantive scope of arbitration, the authors underscore the crucial importance of a robust system of international arbitration of economic disputes to ensure a stable and secure world order. The global coverage of the contributions and the insightful views offered in them speak eloquently about their usefulness and outreach for arbitration practitioners and scholars, as well as for professionals involved in drafting policies for economic development or in the negotiation of investment agreements.
Author : Prof John Bassett Moore
Publisher : Forgotten Books
Page : 34 pages
File Size : 44,8 Mb
Release : 2017-09-17
Category : History
ISBN : 1528270878
Excerpt from The United States and International Arbitration One of the first questions raised before the commission was that Of its power to determine its own jurisdiction in respect of the several claims presented for its decision. The British commissioners denied the existence Of the power, and absented themselves from the board, till Lord Chancellor Loughborough, to whom the question was submitted, declared that the doubt respecting the authority Of the commissioners to settle their own juris diction was absurd, and that they must necessarily decide upon cases being within or without their competency. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author : Christopher S. Gibson,Christopher R. Drahozal
Publisher : Oxford University Press
Page : 450 pages
File Size : 53,9 Mb
Release : 2007-02-28
Category : Law
ISBN : 9780199774418
The Iran-United States Claims Tribunal, which has been called the most significant arbitral body in history, celebrated its 25th anniversary in 2006. As of mid-2005, the Tribunal had issued over 800 awards and decisions--a total of 600 awards (including partial awards and awards on agreed terms), 83 interlocutory and interim awards, and 133 decisions--in resolving almost 3000 cases. The Tribunal's awards have been described as the most important body of international arbitration jurisprudence. The significance of these decisions as persuasive authority is second to none. In this volume, experts in the field identify and comment on the Tribunal awards that are most important for international arbitration; i.e., the cases that everyone needs to know for investor-state and international commercial arbitration. The book approaches the Tribunal's work from a forward-looking perspective with emphasis on the continuing usefulness of awards and decisions issued by the Tribunal in international arbitration practice. In addition to original contributions from an array of eminent authors (all of whom have extensive experience at the Tribunal and/or in investor-State and international arbitration), this book includes excerpts of key awards discussed in the contributions, as well as appendices with foundational documents for the Tribunal. CONTRIBUTORS INCLUDE: · Roger P. Alford, Pepperdine University School of Law, former Legal Assistant, Iran-U.S. Claims Tribunal · David J. Bederman, Emory Law School, former Legal Assistant, Iran-U.S. Claims Tribunal · David D. Caron, C. William Maxeiner Distinguished Professor of Law, University of California, Berkeley, former Legal Assistant, Iran-U.S. Claims Tribunal · Jack J. Coe, Jr. Pepperdine University School of Law, former Legal Assistant, Iran-U.S. Claims Tribunal · Christopher R. Drahozal, John M. Rounds Professor of Law, University of Kansas School of Law; former Legal Assistant, Iran-U.S. Claims Tribunal · Christopher S. Gibson, Suffolk University Law School; former Legal Assistant, Iran-U.S. Claims Tribunal · Mark R. Joelson, Law Office of Mark R. Joelson · Lucinda A. Low, Steptoe & Johnson · Andrea J. Menaker, Office of the Legal Advisor, U.S. Department of State · Sean D. Murphy, George Washington University Law School, former U.S. Agent to the Iran-U.S. Claims Tribunal · Daniel M. Price, Sidley Austin, former Deputy U.S. Agent to the Iran-U.S. Claims Tribunal · Jeffrey F. Pryce, Steptoe & Johnson
Author : Hege Elisabeth Kjos
Publisher : Oxford University Press
Page : 343 pages
File Size : 45,8 Mb
Release : 2013-03-21
Category : Law
ISBN : 9780199656950
Investment arbitration has become the key forum to settle disputes between investors and the host state. It is not clear from the arbitration agreements which body of law the arbitrators should apply: national or international. This book examines how the legal framework which the arbitral panels operate in influences which body of law they apply.
Author : Gary Born
Publisher : Springer
Page : 1096 pages
File Size : 46,9 Mb
Release : 1994-08-25
Category : Law
ISBN : UCAL:B4461175
