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Author: Richard B. Lillich Publisher: Sokol Colloquium ISBN: 9780941320726 Category : Business & Economics Languages : en Pages : 302
Book Description
The field of international arbitration proliferates apace. The growth in cases brings with it commensurate increases in the number of arbitral institutions, new sets of arbitration rules, arbitrations and arbitration practitioners, and the elaboration of related national laws and international agreements. Two consequences of this proliferation have become evident. One is the increasing "judicialization" of international arbitration, meaning both that arbitrations tend to be conducted more frequently with the procedural intricacy and formality more native to litigation in national courts and that they are more often subjected to judicial intervention and control. The other consequence is a rising preoccupation with the issue of uniformity, most currently epitomized by national debates over whether or not to adopt the Model Law on Commercial Arbitration prepared by the United Nations Commission on International Trade Law ("UNCITRAL"). The Twelfth Sokol Colloquium on Private International Law, held at the University of Virginia College of Law, was designed as an intellectual pause for reflection on three questions that naturally result: How advanced are these phenomena? Are they good or bad? To the extent that they are good, how can they be promoted; to the extent they are bad, how may they be retarded? The Colloquium considers these questions in three contexts: The arbitral procedure, the law applicable to the dispute being arbitrated, and the review of awards once issued. The ten chapters that comprise this volume have been written by members of various international tribunals, leading lawyers, and by distinguished academic lawyers from the United States and abroad.
Author: Richard B. Lillich Publisher: Sokol Colloquium ISBN: 9780941320726 Category : Business & Economics Languages : en Pages : 302
Book Description
The field of international arbitration proliferates apace. The growth in cases brings with it commensurate increases in the number of arbitral institutions, new sets of arbitration rules, arbitrations and arbitration practitioners, and the elaboration of related national laws and international agreements. Two consequences of this proliferation have become evident. One is the increasing "judicialization" of international arbitration, meaning both that arbitrations tend to be conducted more frequently with the procedural intricacy and formality more native to litigation in national courts and that they are more often subjected to judicial intervention and control. The other consequence is a rising preoccupation with the issue of uniformity, most currently epitomized by national debates over whether or not to adopt the Model Law on Commercial Arbitration prepared by the United Nations Commission on International Trade Law ("UNCITRAL"). The Twelfth Sokol Colloquium on Private International Law, held at the University of Virginia College of Law, was designed as an intellectual pause for reflection on three questions that naturally result: How advanced are these phenomena? Are they good or bad? To the extent that they are good, how can they be promoted; to the extent they are bad, how may they be retarded? The Colloquium considers these questions in three contexts: The arbitral procedure, the law applicable to the dispute being arbitrated, and the review of awards once issued. The ten chapters that comprise this volume have been written by members of various international tribunals, leading lawyers, and by distinguished academic lawyers from the United States and abroad.
Author: Charles N. Brower Publisher: BRILL ISBN: 9004636676 Category : Business & Economics Languages : en Pages : 314
Book Description
Is international arbitration becoming too "judicial" and conformist? This important book addresses this issue with detailed attention to the arbitral procedure, the law applicable to the dispute being arbitrated, and the review of awards. The authors include members of various international tribunals, leading lawyers, and distinguished academics from the United States and abroad. Published under the Transnational Publishers imprint.
Author: Manuel Indlekofer Publisher: Kluwer Law International B.V. ISBN: 9041147748 Category : Law Languages : en Pages : 480
Book Description
The modern tendency to restrict international arbitration to matters of commerce and investment is succumbing to a renewed recognition of the original impetus for dispute resolution by arbitration – i.e., matters of public international law, most importantly the settlement of disputes that pose a threat of international conflict. Recent developments suggest a renaissance of public international arbitration, most clearly manifested in the present flourishing of the Permanent Court of Arbitration (PCA), the oldest existing dispute settlement institution in international law. As the calls for the development of new and more appropriate methods for dispute settlement in international law increased during the 1990s, the PCA undertook a structural reform and is today a vital forum for dispute settlement, with scores of arbitrations currently pending under its auspices. This book – the most comprehensive study of the institution to date, covering its history, its present status, and its future prospects – proves the PCA’s contemporary relevance within the international dispute settlement framework. Among aspects of the PCA’s work covered are the following: how public international arbitration functions in comparison to other means available for dispute settlement in international law; the PCA’s historical contributions to the current dispute settlement framework; arbitrations between a state and a non-state actor that are in whole or in part governed by public international law; the fields in which public international arbitration plays a revived role; the PCA’s present-day institutional framework and its current activities; the prospects for public international arbitration and the PCA in the dispute settlement framework of the twenty-first century; and proposals to increase the PCA’s activities in future and to sustain and enhance the institution’s ongoing revitalization. A very useful Practitioner’s Guide provides an overview of the PCA’s various services and the best means of accessing them, along with a summary of the key provisions of the new PCA Arbitration Rules 2012. For lawyers who are involved in dispute resolution proceedings, there can be little doubt about the PCA’s relevance. This book is at once an academic work, indispensable for scholars of the institution, and a practical guide that will be a required addition to the libraries of counsel, arbitrators, and others involved in dispute resolution proceedings conducted at the PCA.
Author: Jean E. Kalicki Publisher: Hotei Publishing ISBN: 9004291105 Category : Law Languages : en Pages : 1043
Book Description
In Reshaping the Investor-State Dispute Settlement System, Jean E. Kalicki and Anna Joubin-Bret offer a broad compendium of practical suggestions for reform of the current system of resolving international investment treaty disputes through arbitration.
Author: Martin Hunter Publisher: Kluwer Law International ISBN: 9781859661079 Category : Law Languages : en Pages : 193
Book Description
This book contains the papers presented at the Centenary Conference celebrating the foundation of the London Court of International Arbitration in 1893. Leading international experts on commercial arbitration seek to identify what can usefully be derived from past experiences to meet the future challenges, opportunities and problems facing international arbitration in the next decade and beyond it into the 21st century. the present system of commercial arbitration is far from perfect and demands in the world's economy will not simply accept its perpetuation. This major new reference work gathers a range of considerable expertise to bear upon the question of how international arbitration can successfully respond to a changing world and changing commercial techniques.
Author: Alec Stone Sweet Publisher: Oxford University Press ISBN: 0191060232 Category : Law Languages : en Pages : 272
Book Description
The development of international arbitration as an autonomous legal order comprises one of the most remarkable stories of institution building at the global level over the past century. Today, transnational firms and states settle their most important commercial and investment disputes not in courts, but in arbitral centres, a tightly networked set of organizations that compete with one another for docket, resources, and influence. In this book, Alec Stone Sweet and Florian Grisel show that international arbitration has undergone a self-sustaining process of institutional evolution that has steadily enhanced arbitral authority. This judicialization process was sustained by the explosion of trade and investment, which generated a steady stream of high stakes disputes, and the efforts of elite arbitrators and the major centres to construct arbitration as a viable substitute for litigation in domestic courts. For their part, state officials (as legislators and treaty makers), and national judges (as enforcers of arbitral awards), have not just adapted to the expansion of arbitration; they have heavily invested in it, extending the arbitral order's reach and effectiveness. Arbitration's very success has, nonetheless, raised serious questions about its legitimacy as a mode of transnational governance. The book provides a clear causal theory of judicialization, original data collection and analysis, and a broad, relatively non-technical overview of the evolution of the arbitral order. Each chapter compares international commercial and investor-state arbitration, across clearly specified measures of judicialization and governance. Topics include: the evolution of procedures; the development of precedent and the demand for appeal; balancing in the public interest; legitimacy debates and proposals for systemic reform. This book is a timely assessment of how arbitration has risen to become a key component of international economic law and why its future is far from settled.
Author: David D. Caron Publisher: Oxford University Press ISBN: 0191060380 Category : Law Languages : en Pages : 800
Book Description
International arbitration has developed into a global system of adjudication, dealing with disputes arising from a variety of legal relationships: between states, between private commercial actors, and between private and public entities. It operates to a large extent according to its own rules and dynamics - a transnational justice system rather independent of domestic and international law. In response to its growing importance and use by disputing parties, international arbitration has become increasingly institutionalized, professionalized, and judicialized. At the same time, it has gained significance beyond specific disputes and indeed contributes to the shaping of law. Arbitrators have therefore become not only adjudicators, but transnational lawmakers. This has raised concerns over the legitimacy of international arbitration. Practising Virtue looks at international arbitration from the 'inside', with an emphasis on its transnational character. Instead of concentrating on the national and international law governing international arbitration, it focuses on those who practise international arbitration, in order to understand how it actually works, what its sources of authority are, and what demands of legitimacy it must meet. Putting those who practise arbitration into the centre of the system of international arbitration allows us to appreciate the way in which they contribute to the development of the law they apply. This book invites eminent arbitrators to reflect on the actual practice of international arbitration, and its contribution to the transnational justice system.
Author: Eric E. Bergsten Publisher: Kluwer Law International B.V. ISBN: 9041135227 Category : Law Languages : en Pages : 882
Book Description
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: Benjamin F. Trueblood Publisher: Forgotten Books ISBN: 9780366595440 Category : History Languages : en Pages : 26
Book Description
Excerpt from International Arbitration at the Opening of the Twentieth Century Greek civilization, where the state was everything and love of country an all-absorbing passion, cases of arbitration between Greek and Greek were not infrequent, though no Greek state seems ever to have arbitrated with a foreign country. In these the Amphictyonic Councils, famous sages, victors in the games and especially the Oracle at Delphi were the arbitrators. The system of law and of law courts, in which the citizens of a country determine their questions by a forced litigation under the power of the civil authorities, has its root in practically the same principles as arbitration. In the Roman empire this system prevailed, and the simpler method of volan tary arbitration was not much known. When Christianity came with its doctrine of love and human brotherhood, arbitration became a frequent and probably the usual method by which difficulties between individual Christians were settled. The reader will re member Paul's passionate appeal to the Corinthians in behalf of this simple Christian method as against the forced and selfish litigations in the law courts. 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: Richard B. Lillich
Author: Richard B. Lillich
Author: Charles N. Brower
Author: Manuel Indlekofer
Author: Jean E. Kalicki
Author: Mark W. Janis
Author: Martin Hunter
Author: Alec Stone Sweet
Author: David D. Caron
Author: Eric E. Bergsten
Author: Benjamin F. Trueblood