Towards A Uniform International Arbitration Law

Author : Emmanuel Gaillard,Anne Véronique Schlaepfer,Philippe Pinsolle,Louis Degos
Publisher : Juris Publishing, Inc.
Page : 350 pages
File Size : 50,6 Mb
Release : 2012-04-01
Category : Law
ISBN : 9781929446674

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Towards a Uniform International Arbitration Law? by Emmanuel Gaillard,Anne Véronique Schlaepfer,Philippe Pinsolle,Louis Degos Pdf

The growing acceptance of the concept of transnational rules, be they substantive or procedural, has directly contributed to a substantial decrease of the influence of local norms. Transnational principles often override domestic law, and the arbitral process sometimes takes precedence over court decisions. Moreover, the exceptional development of investment arbitration has called into question traditional values of commercial arbitration such as confidentiality and the privity of arbitral proceedings. Widespread publication of awards rendered has also rejuvenated the debate on the value of arbitral awards as precedents. This book critically explores the extent to which these phenomena contribute to the creation of a truly uniform international arbitration law.

Author : Elza Reymond-Eniaeva
Publisher : Springer
Page : 240 pages
File Size : 44,9 Mb
Release : 2019-06-11
Category : Law
ISBN : 9783030190033

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Towards a Uniform Approach to Confidentiality of International Commercial Arbitration by Elza Reymond-Eniaeva Pdf

The book deals with confidentiality as one of the most controversial issues in international commercial arbitration. On the one hand, it is widely recognized that confidentiality is an important advantage of arbitration which contributes to its attractiveness. On the other hand, there is no uniform regulation in national legislations, arbitration rules, and other relevant sources as to the scope or even to the existence of a duty of confidentiality. A uniform approach to confidentiality of international commercial arbitration is possible. The best way to achieve it would be through harmonization of national arbitration laws which should impose a confidentiality obligation subject to certain exceptions. The purpose of maintaining confidentiality would be to protect primarily the parties from undesirable leaks that can be avoided and to protect arbitration as an institution. As to a systematic publication of arbitral awards without identifying the parties’ identity, it is desirable and should be the goal.

Author : International Arbitration Institute
Publisher : Unknown
Page : 350 pages
File Size : 40,8 Mb
Release : 2005
Category : Electronic
ISBN : OCLC:314556520

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Towards a Uniform International Arbitration Law? by International Arbitration Institute Pdf

Author : Christopher R. Drahozal,Richard W. Naimark
Publisher : Kluwer Law International B.V.
Page : 394 pages
File Size : 49,5 Mb
Release : 2005-01-01
Category : Law
ISBN : 9789041123220

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Towards a Science of International Arbitration by Christopher R. Drahozal,Richard W. Naimark Pdf

Most books on international commercial arbitration approach the subject through legal theory supported by anecdotal evidence. This remarkable book is distinguished by its focus on the application of quantitative empirical research to the study of international arbitration. It collects, together with commentary, the existing empirical literature on the subject, and also presents several studies published here for the first time. Beginning with a basic overview of the methods of empirical research (surveys, observational studies, experimental studies), the book goes on to reprint the existing empirical studies under six headings: why parties agree to arbitrate; arbitration clauses; arbitral procedures; arbitrator selection; rules of decision and applicable law; and, arbitration awards. Written in an easily accessible, non-technical manner, Towards a Science of International Arbitration provides the starting point for future empirical research on international arbitration by collecting the existing empirical literature in one place and by suggesting possible topics for research. It will be of inestimable value to lawyers and others involved in international dispute resolution, whether as arbitrators, parties, party representatives, or in-house counsel, as well as to academics interested in methods of resolving disputes in international commerce.

Author : Mauro Rubino-Sammartano
Publisher : Juris Publishing, Inc.
Page : 2072 pages
File Size : 42,7 Mb
Release : 2014-01-01
Category : Arbitration (International law)
ISBN : 9781937518158

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International Arbitration Law and Practice, Third Edition by Mauro Rubino-Sammartano Pdf

This third edition of International Arbitration Law and Practice has been largely enriched by covering international commercial arbitrations, investment treaty arbitrations, arbitrations between public bodies, between states and individuals, the UNCITRAL model law and Iran-US Tribunal proceedings as well as commodity arbitration, online arbitration and sports arbitral proceedings. International Arbitration Law and Practice, 3rd edition elaborates new concepts such as a definition of international arbitration based on procedural law (different from transnational law) and a doctrine (the tronc commun doctrine) to identify the applicable substantive law on disputes between parties belonging to different countries. It further suggests that a law of international arbitration has arisen from the various conventions and laws. Besides dealing with all the aspects of arbitration on a topic by topic basis, the writer presents a third generation arbitration which builds on analysis of major obstacles to a smooth running arbitration.International Arbitration Law and Practice, 3rd edition is a work that anyone involved in arbitral proceedings will find to be absolutely indispensable.

Author : Dean Lewis
Publisher : Kluwer Law International B.V.
Page : 314 pages
File Size : 41,8 Mb
Release : 2016-03-22
Category : Law
ISBN : 9789041167026

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The Interpretation and Uniformity of the UNCITRAL Model Law on International Commercial Arbitration by Dean Lewis Pdf

Numerous jurisdictions worldwide have augmented their ratification of the New York Convention of 1958 with the UNCITRAL Model Law 1985 (UML), which takes a giant step forward toward global uniformity in legal application and understanding of the arbitration process. This book develops a standard or benchmark for the UML objective of uniformity, using the relevant legislation and case law of Hong Kong, Singapore, and Australia to consider whether a uniform approach to implementation of the UML and its interpretation is being achieved across those jurisdictions. The author’s methodological tools are eminently adaptable to other jurisdictions. Given the importance of the ability to set aside an arbitral award, the body of case law on setting aside and the directly related area of enforcement, the emphasis throughout is on Article 34. In addition, the study considers: - the meaning of uniformity in law and in the context of the UML; - the correct approach to interpretation of the UML pre and post Article 2A; - the interpretational relationship between the UML and the Convention on Contracts for the International Sale of Goods (CISG); - the relationship between the UML and the New York Convention; - the degree of textual uniformity of Article 34 with the three jurisdictions focused on; and - the degree of applied uniformity of Article 34 both in terms of juristic methodology and similarity of results. The author, with more than thirty years of practice in the field of commercial arbitration in Hong Kong, has had access to voluminous cases spanning decades and brings his specialist expertise to the subject. This book considers whether the UML has succeeded in its aim of achieving uniformity. It serves as a guide, both academic and practical, to exploring and adopting the correct approach to the interpretation of the UML as well as to the method of classification of court decisions under the UML. This study is of immeasurable academic and practical value.

Author : Edward J. Brunet
Publisher : Cambridge University Press
Page : 424 pages
File Size : 44,5 Mb
Release : 2006-01-09
Category : Business & Economics
ISBN : 0521839823

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Arbitration Law in America by Edward J. Brunet Pdf

This is a book about changing the terms of American Arbitration Law. The book contains individual views of the four co-authors and criticisms of the individual recommendations of the authors. The book contains point and counterpoint and numerous controversial ideas. The authors present the competing arguments on some of the most controversial topics in arbitration---arbitration of employment disputes between employers and their former employees and arbitration of disputes between consumers and product sellers.

Author : Emmanuel Gaillard
Publisher : BRILL
Page : 204 pages
File Size : 51,9 Mb
Release : 2010-05-03
Category : Law
ISBN : 9789004187153

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Legal Theory of International Arbitration by Emmanuel Gaillard Pdf

The present work, based on a Course given at The Hague Academy of International Law in the Summer 2007, identifies the philosophical postulates that underlie this field of study and shows their profound coherence and the practical consequences that follow from these postulates in the resolution of international disputes.

Author : Matti Kurkela
Publisher : Oxford University Press, USA
Page : 522 pages
File Size : 54,8 Mb
Release : 2005
Category : Law
ISBN : STANFORD:36105064115947

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Due Process in International Commercial Arbitration by Matti Kurkela Pdf

This unique guide aids arbitration counsel and arbitrators alike by identifying a uniform universal procedural code for international commercial arbitration. Moving beyond institution or jurisdictionally-specific analysis to the global, this treatise examines and reconciles the principles of international due process as they continue to emerge. More than just a useful exercise, this approach of finding a unifying arbitration principle in light of the diversity of national traditions is expected to become the standard procedure in arbitral law.

Author : A. J. van den Berg
Publisher : Springer
Page : 292 pages
File Size : 51,7 Mb
Release : 1998-03-06
Category : Law
ISBN : STANFORD:36105061970971

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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'.

Author : Franco Ferrari,Friedrich Rosenfeld
Publisher : Kluwer Law International B.V.
Page : 559 pages
File Size : 55,6 Mb
Release : 2021-03-09
Category : Law
ISBN : 9789403531748

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Autonomous Versus Domestic Concepts under the New York Convention by Franco Ferrari,Friedrich Rosenfeld Pdf

International Arbitration Law Library # 61 The 1958 New York Convention is universally acclaimed as one of the most important instruments on international commercial arbitration. Although the Convention ensures that contracting States cannot justify failure to comply with their treaty obligations by reference to domestic law, the courts of different contracting States apply the Convention differently. This diverging case law arises from uncertainty as to whether certain concepts employed in the Convention must be construed autonomously or in light of domestic law. This incomparable analysis of the New York Convention as an instrument of uniform law presents insightful contributions by some of the world’s most distinguished academics and practitioners in the field of arbitration and is sure to significantly contribute to arbitral practice and jurisprudence in the Convention’s more than 160 contracting States. With extensive reference to case law from major arbitration hubs, the contributors examine the Convention with the aim of identifying the boundaries between autonomous and domestic concepts. Key elements covered include the following: the role of private international law under the Convention; notions of arbitrability and arbitral award; procedures for the enforcement of awards; nullity, invalidity, and conflict of laws under Articles II(3) and V(1)(a); the incapacity defence under Article V(1)(a); deviations from procedure; autonomous boundaries as to what falls under the issue of scope; and public policy under the Convention. The first and only resource of its kind, this book provides an invaluable clarification of the extent to which the Convention leaves room for the application of domestic law and, if so, how to determine which particular domestic law may be applicable. It will be welcomed by counsel, judges, arbitrators, and academics throughout the States that have signed the New York Convention.

Author : Loukas A. Mistelis,Julian D. M. Lew
Publisher : Kluwer Law International B.V.
Page : 418 pages
File Size : 41,9 Mb
Release : 2006-01-01
Category : Law
ISBN : 9789041124500

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Pervasive Problems in International Arbitration by Loukas A. Mistelis,Julian D. M. Lew Pdf

"This important book will be of great interest to arbitration lawyers, international lawyers and business people, as well as to academics, libraries, and students of dispute resolution."--Publisher's website.

Author : Matti S. Kurkela,Santtu Turunen,Conflict Management Institute (COMI)
Publisher : Oxford University Press
Page : 582 pages
File Size : 42,9 Mb
Release : 2010-04-14
Category : Law
ISBN : 9780199703791

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Due Process in International Commercial Arbitration by Matti S. Kurkela,Santtu Turunen,Conflict Management Institute (COMI) Pdf

This is the first publication to identify a universal procedural code for international commercial arbitration. This informative and well-argued discussion of a uniform code for due process is a useful aid for both practitioners and scholars. More than just a useful desk reference, this publication uncovers a unifying arbitration principle in light of the diversity of national traditions. The authors demonstrate how this unifying principle might establish a new standard procedure in arbitration law. Guiding the reader through a step-by-step analysis of due process in international commercial arbitration, the book is comprehensive without being esoteric. Due Process in International Commercial Arbitration, Second Edition thus helps both practitioners new to arbitration procedure and experienced attorneys looking for a cutting-edge discussion of due process issues. It can be used as a handbook for lawyers engaged in arbitral disputes. To provide the necessary guidance for lawyers in need of quick, reliable information, authors Matti Kurkela and Santtu Turunen update readers on the numerous changes made to arbitration law since the book's 2005 edition. Even more helpfully, Kurkela and Turunen have added two new chapters to show lawyers what to expect in the midst of an arbitration proceeding: a chapter on procedural rules from the New York Convention and a chapter on jurisdiction arising from sources outside the arbitration agreement. As corporations engage in more globalized commerce, and as arbitrators resolve more international legal disputes, this resource provides both the broad background and the quick reference information necessary to understand the complexities of arbitration procedure. A thorough Table of Contents, Index, and Appendix of primary documents facilitate practitioners' research in this vital book. This new edition's balance of comprehensiveness and concision make it a one-stop resource for arbitration attorneys around the world.

Author : Laura Ferris Brown
Publisher : Unknown
Page : 408 pages
File Size : 41,6 Mb
Release : 1993
Category : Law
ISBN : STANFORD:36105061711383

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The International Arbitration Kit by Laura Ferris Brown Pdf

Author : M. Rubino-Sammartano
Publisher : Springer
Page : 560 pages
File Size : 43,6 Mb
Release : 1990
Category : Law
ISBN : UOM:39015017891543

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International Arbitration Law by M. Rubino-Sammartano Pdf