Essays on International Arbitration PDF Download

Author: Kaj Hobér
Publisher: Juris Publishing, Inc.
ISBN: 9781929446902
Category : Arbitration (International law)
Languages : en
Pages : 559

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Author: Petar Sarcevic
Publisher: BRILL
ISBN: 9780860107057
Category : Law
Languages : en
Pages : 272

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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.

Author: Patrick Wautelet
Publisher: Bloomsbury Publishing
ISBN: 1782250042
Category : Law
Languages : en
Pages : 382

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This book offers a series of commentaries on noteworthy arbitral awards and court decisions on arbitration. All contributions focus on the practice of arbitration. Influential authors with proven arbitration experience share their insights on celebrated and less well-known cases, drawn from various countries, various arbitration institutions and including both commercial and investment arbitration. This collection of essays celebrates the work and scholarship of Hans van Houtte, who has been a professor of international commercial arbitration at the University of Leuven for more than 20 years. In addition to his widely -praised contribution to the theory of arbitration, Professor Van Houtte has built a long career in the practice of arbitration, presiding over a vast array of arbitral tribunals and holding appointments to international tribunals, most recently as president of the Iran-US Claims Tribunal. Hans van Houtte has always been concerned with the practical usefulness of scholarly writings, and this book respects this approach. This volume will prove essential for all arbitration practitioners and will also be of great interest also to academics and research students with an interest in international arbitration.

Author: Neil Kaplan
Publisher: Kluwer Law International B.V.
ISBN: 9041186387
Category : Law
Languages : en
Pages : 442

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The distinguished international lawyer Michael Pryles, who launched a meteoric career as an arbitrator after many years of teaching and writing on conflicts of law and other topics, has made a mark on arbitral law and practice that is recognized worldwide. In this book, over forty prominent arbitrators and arbitration scholars offer insightful essays on the thorny matters of jurisdiction, admissibility and choice of law in arbitration – topics which have long interested Professor Pryles and are of wide interest. Among the specific issues and topics examined are the following: • res judicata; • investment arbitration; • free trade agreements; • party autonomy; • application of provisional measures; • issue estoppel; • evidentiary inferences; • interim measures; • emergency and default proceedings; • the intersection of financing and jurisdiction; • consolidation of cases; and • non-contractual claims. Remarkable for its roster of highly distinguished contributors, this book is the only in-depth treatment of its subject. By turns thought-provoking and practical, it is bound to appeal to and be put to use by arbitrators and other lawyers who handle international cases. It will also prove of great value to global law firms and companies doing transnational business.

Author: Thomas E. Carbonneau
Publisher: Juris Publishing, Inc.
ISBN: 1933833351
Category : Law
Languages : en
Pages : 562

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A companion to Carbonneau on International Arbitration: Collected Essays, the essays in this volume represent the majority of the author's scholarly writings on the topic of U.S. arbitration law. They reflect his three decades of experience as a law professor and as the Editor-in-Chief of the World Arbitration & Mediation Report (renamed Review) and the Journal of American Arbitration. Each one tackles an aspect of the debate about the role of arbitral adjudication in contemporary American society and provides an assessment of the evolution and content of the U.S. law of arbitration. In particular, Carbonneau on Arbitration: Collected Essays examines the work of the U.S. Supreme Court in arbitration and provides a critical, but balanced, assessment of that decisional law. The chapters of this volume represent the majority of the author's scholarly writings on international commercial arbitration over thirty years. The chapters address various major issues and themes of transborder arbitration law, including (1) the importance of courts in developing and maintaining a legal culture that is hospitable to arbitration, (2) arbitration as a complete legal system, (3) the increasing use of arbitration to resolve political or mixed political and commercial disputes, and (4) the “judicialization” of arbitration. Some of the chapters are of a recent vintage, while others were written a decade or two ago. Whatever their date of production, these essays are of continuing interest to practitioners in and scholars of the field.

Author: Thomas E. Carbonneau
Publisher: Juris Publishing, Inc.
ISBN: 1933833343
Category : Law
Languages : en
Pages : 564

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The chapters of this volume represent the majority of Professor Carbonneau’s scholarly writings on the subject of international commercial arbitration. They reflect his interest over the course of thirty years of law-teaching in international litigation, comparative law, and-of course - international arbitration. Some of the chapters are of a recent vintage, while others were written a decade or two ago. Whatever their date of production, the chapters have a continuing professional interest. Each addresses some of the major issues of trans-border arbitration law. A number of chapters emphasize the importance of courts in developing and maintaining a legal culture that is hospitable to arbitration. The work of the courts has been instrumental to the reception of arbitration in the United States and in several European jurisdictions. The courts can “make or break” arbitration by upholding arbitration agreements and enforcing arbitral awards. Other chapters underscore that arbitration can operate as a complete legal system. It not only provides workable trial procedures, but arbitrators can also create law in their rulings. With the addition of an internal arbitral appellate mechanism, arbitrations can function with almost absolute independence. The world law on arbitrations seems to favor the “a-national” and “a-juridical” operation of the arbitral process. A few of the chapters recognize that arbitration is being increasingly employed to resolve political or mixed political and commercial disputes. Investment arbitration and BITs are the most recent expression of this development; it had been apparent in WTO and NAFTA dispute resolution. The Iran-U.S. Claims Tribunal presented the first great occasion for assessing the vocation of arbitration in a mixed dispute situation. While arbitration has made significant inroads in this area, political sovereignty remains resistant to the imposition of limitations. In many less visible “political” cases, determinations are nonetheless made and rendered enforceable. The concluding chapters address more specific developments in the field of ICA. A number of cases point to the strong, perhaps overweening, support of the judiciary for arbitration. The courts in some jurisdictions support arbitration unequivocally and are bent upon a single outcome no matter the impact on doctrine. Lawyer presence in the arbitral process has lead to increased formalization in some proceedings. The “judicialization” of arbitration tilts the process toward the protection of rights and hinders its ability to function effectively and reach finality. Lawyers can readily misunderstand and undermine the gravamen of arbitration. The concluding chapters also establish that the UK Arbitration Act 1996 is one of the world’s outstanding arbitration statutes. It rivals and bests the UNCITRAL Model Law on ICA and is the equal of the French codified law on arbitration. Finally, the express text of the New York Arbitration Convention appears to have been altered significantly by court practice. The possible limitations of national law have been neutralized and the provisions of the Convention articulate a truly trans-border regulation of the enforcement of awards. In sum, the chapters in this book reflect the author's lifetime work in the area of international arbitration and are required reading for all those practicing in the field- law students, arbitrators, academics and practicing lawyers.

Author: Eric E. Bergsten
Publisher: Kluwer Law International B.V.
ISBN: 9041135227
Category : Law
Languages : en
Pages : 882

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Over the last half-century, as UNCITRAL official, professor, arbitrator and father of the Willem C. Vis Arbitration Moot, Eric Bergsten has been at the forefront of progress in international commercial arbitration. Now, on the occasion of his eightieth birthday, the international arbitration and sales law community has gathered to honour him with this substantial collection of new essays on the many facets of the field to which he continues to bring his intellect, integrity, inquisitive nature, eye for detail, precision, and commitment to public service. Celebrating the long-standing and sustained contribution Eric Bergsten has made in international commercial law, international arbitration, and legal education, more than fifty colleagues - among them quite a few of the best-known arbitrators and arbitration academics in the world - present 45 pieces that, individually both engaging and incisive, collectively present a thorough and far-reaching account of the state of the field today, with contributions covering international sales law, commercial law, commercial arbitration, and investment arbitration. In addition, nine essays on issues in legal education mirror the great importance of the renowned Willem C. Vis International Commercial Arbitration Moot, Eric's Vienna project which has offered a life-changing experience for so many young lawyers from all over the world.

Author: William W. Park
Publisher: OUP Oxford
ISBN: 0191634816
Category : Law
Languages : en
Pages : 1096

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Arbitration of International Business Disputes 2nd edition is a fully revised and updated anthology of essays by Rusty Park, a leading scholar in international arbitration and a sought-after arbitrator for both commercial and investment treaty cases. This collection focuses on controversial questions in arbitration of trade, financial, and investment disputes. The essays address some of the most interesting topics in cross-border business dispute resolution, many of which have endured over several decades and remain subject to radically different views. Examples include the proper role of judicial review, the allocation of jurisdictional tasks, evolution of arbitration's statutory and treaty framework, free trade and bilateral investment agreements, and the balance between fixed rules and arbitral discretion. The book is structured around three themes: arbitration's legal framework; the conduct of arbitral proceedings; and a comparison of arbitration in specific fields such as finance, intellectual property, and taxation. In each of these areas, analysis includes the tensions between fairness and efficiency, and the accurate application of substantive law as well as the implications of mandatory procedural norms. Augmented by more than a dozen new contributions and a revised introduction, this 2nd edition retains all of its earlier practical and scholarly relevance, and includes a Foreword by V. V. (Johnny) Veeder QC.

Author: Cornelis Carel Albert Voskuil
Publisher: BRILL
ISBN: 9789024728404
Category : Law
Languages : en
Pages : 420

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The present publication of re ports and discussions sterns from the fourth Session of the Hague-Zagreb Colloquium, held at Eernewoude, in the Netherlands. The preceding three Sessions were held at Stubice Toplice, in Yugoslavia (1974), Zeist, in the Netherlands (1976) and, again in Yugoslavia, at Opatija (1978). The fourth Session was originally planned for May 1980. On the eve of the meeting, the then President of the Socialist Federal Republic of Yugoslavia, the late Marshall J .B. Tito, passed away. On hearing the news of the Marshall's death, the Organizing Committee of the Hague-Zagreb Colloquium immediately decided that the Session should not then be held. The postponement lasted, in fact, a whole year: the fourth Session was convened at Eernewoude in May 1981. For the Eernewoude Session the formula that had produced such excellent results in the previous conferences was maintained. Four topics of international trade law were thoroughly discussed on the basis of reports submitted by scholars from the various legal systems represented at the conference. Apart from the Yugoslav and Dutch participants, scholars from the United Kingdom, the Federal Republic of Germany, Belgium and Norway took part in the discussions, be it in the capacity of reporter, of chairman or as expert in the field covered by the Colloquium: the law of international trade. A student competition had again been organised and the members of the win ning teams from Yugoslavia and from the Netherlands were among the participants.

Author: Albert Jan van den Berg
Publisher:
ISBN:
Category :
Languages : en
Pages : 320

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