Author: Wei Shen
Publisher:
ISBN: 9781780681122
Category : Arbitration Agreements, Commercial
Languages : en
Pages : 0

View

Book Description
The New York Convention is regarded as one of the most successful treaties in the past fifty-five years in the field of transnational business law, more specifically, international commercial arbitration. Its simplicity and brevity in wording but complexity and diversity in application have triggered endless discussions, debates and writings. Rethinking the New York Convention û A Law and Economics Approach for the first time offers a unique jurisprudence-oriented analysis by applying two major analytic approaches, namely, Darwinian legal theory and game theory.

Author: Thomas Schultz
Publisher: Oxford University Press
ISBN: 0192515969
Category : Law
Languages : en
Pages : 1008

View

Book Description
This Handbook brings together many of the key scholars and leading practitioners in international arbitration, to present and examine cutting-edge knowledge in the field. Innovative in its breadth of coverage, chapter-topics range from the practicalities of how arbitration works, to big picture discussions of the actors involved and the values that underpin it. The book includes critical analysis of some of international arbitrations most controversial aspects, whilst providing a nuanced account overall that allows readers to draw their own informed conclusions. The book is divided into six parts, after an introduction discussing the formation of knowledge in the field. Part I provides an overview of the key legal notions needed to understand how international arbitration technically works, such as the relation between arbitration and law, the power of arbitral tribunals to make decisions, the appointment of arbitrators, and the role of public policy. Part II focuses on key actors in international arbitration, such as arbitrators, parties choosing arbitrators, and civil society. Part III examines the central values at stake in the field, including efficiency, legal certainty, and constitutional ideals. Part IV discusses intellectual paradigms structuring the thinking in and about international arbitration, such as the idea of autonomous transnational legal orders and conflicts of law. Part V presents the empirical evidence we currently have about the operations and effects of both commercial and investment arbitration. Finally, Part VI provides different disciplinary perspectives on international arbitration, including historical, sociological, literary, economic, and psychological accounts.

Author: Dean Lewis
Publisher: Kluwer Law International B.V.
ISBN: 9041167021
Category : Law
Languages : en
Pages : 314

View

Book Description
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: Eva Litina
Publisher: Kluwer Law International B.V.
ISBN: 9403530316
Category : Law
Languages : en
Pages : 172

View

Book Description
Theory, Law and Practice of Maritime Arbitration The Case of International Contracts for the Carriage of Goods by Sea Eva Litina It is estimated that over 80% of global trade by volume is carried by sea, making maritime transport a cornerstone of the global economy. Most disputes in the shipping industry are settled by distinctive, private arbitral proceedings that are best understood by a close examination of the standard form contracts that are used in practice and of the case law arising therefrom. Extrapolating insightfully from these sources, the author of this book examines in depth the phenomenon of maritime arbitration with a specific focus on contracts for the carriage of goods by sea. She offers the first comprehensive and comparative analysis of arbitral practice in the three jurisdictions where the most frequently selected maritime arbitral seats are located: London, New York, and Singapore. An analysis of the applicable rules and relevant case law in each jurisdiction provides the basis from which a comparative assessment of maritime arbitral seats is achieved. The book addresses the following key aspects of maritime arbitration: maritime arbitration’s definition, origins, theoretical underpinnings, socioeconomic context, and significance; the maritime-specific reasons for wide use of ad hoc versus institutional arbitration; the international instruments governing arbitration in contracts for the carriage of goods by sea; the shipping industry’s pursuit of self-regulation via standard form contracts; the arbitration agreement contained in standard form charterparties and bills of lading; maritime arbitration’s unique approach to judicial review, confidentiality, and arbitrator impartiality; the specific dispute resolution objectives that compel a comparative assessment of maritime arbitral seats; and the future of maritime arbitration in light of international political, financial, and technological developments. In addition to the three main maritime arbitral seats, the analysis touches on maritime arbitration in other relevant jurisdictions, such as Hong Kong, Greece, Japan, and Korea, thus affording a comparison of the process in common and civil law jurisdictions. The book concludes by considering the potential impact of the current international political landscape, and suggesting future perspectives and research in international maritime arbitration. An important addition to scholarship in this field of law, the book’s thorough assessment of the merits of the competing maritime arbitral seats—and its specific focus on maritime disputes—will prove of significant importance to arbitrators, law firms, in-house counsel of shipping companies, international organizations, and arbitration institutions and associations. Practitioners will discover all tools necessary to examine any case before the main maritime arbitral seats with full awareness of each applicable legal regime and its distinguishing features.

Author: J. Melissen
Publisher: Springer
ISBN: 0230554938
Category : Political Science
Languages : en
Pages : 221

View

Book Description
After 9/11, which triggered a global debate on public diplomacy, 'PD' has become an issue in most countries. This book joins the debate. Experts from different countries and from a variety of fields analyze the theory and practice of public diplomacy. They also evaluate how public diplomacy can be successfully used to support foreign policy.

Author: Dennis Dijkzeul
Publisher: Berghahn Books
ISBN: 9781571816566
Category : Business & Economics
Languages : en
Pages : 370

View

Book Description
The management of international organizations is attracting growing attention. Most of this attention is highly critical of both the UN system and International NGOs. Sometimes, this criticism lacks depth or reflects insufficient understanding of these organizations, or is based on narrow, and sometimes biased, internal political concerns of a particular country. International relations theory has insufficiently studied the type of linkages that these organizations provide between international decision-making and Northern fundraising on the one hand, and practical action in the South on the other. As a result, current theory too rarely focuses on the inner functioning of these organizations and is unable to explain the deficiencies and negative outcomes of their work. While the authors identify and describe the pathologies of international organizations in, for example, international diplomacy, fundraising, and implementation, they also stress positive elements, such as their intermediary role. The latter, in particular, could form the basis of more efficient and effective policies, in addition to other recent trends, also described in this volume, that hold hope for a stronger functioning of these organizations in the future. This book presents a long overdue empirical and theoretical overview of criticism on and cures for these organizations. It provides a fundamental rethinking of current approaches to the management of international organizations.

Author: United Nations Commission on International Trade Law
Publisher: United Nations
ISBN: 9210053613
Category : Political Science
Languages : en
Pages : 1008

View

Book Description
This Yearbook is a compilation of all substantive documents related to the work of the Commission and its Working Groups. It also reproduces the annual Report of the Commission which is published as Supplement No. 17 of the "Official Records of the General Assembly". UNCITRAL is the core legal body of the United Nations system in the field of international trade law. It specializes in the modernization and harmonization of rules on international business.

Author: Milana Karayanidi
Publisher: Bloomsbury Publishing
ISBN: 1509924787
Category : Law
Languages : en
Pages : 279

View

Book Description
This book explores the theory and practice of judicial jurisdiction within the field of private international law. It offers a revised look at values justifying the power of courts to hear and decide cross-border disputes, and demonstrates that a re-conceptualisation of jurisdiction is needed. Rather than deriving from territorial power of states, jurisdiction in civil and commercial cross-border matters ought to be driven by party autonomy. This autonomy can be limited by certain considerations of equality and critical state sovereign interests. The book applies this normative view to the existing rules of jurisdiction in the European Union and the Russian Federation. These regimes are chosen due to their unique positions towards values in private international law and contrasting societal norms that generate and accommodate these values. Notwithstanding disparate cultural and political ideas, these regimes reveal a surprising level of consistency when it comes to enforcement of party autonomy. There is, nevertheless, room for improvement. The book demonstrates to scholars, policy makers and lawmakers that jurisdiction should be re-centred around the interests of private actors, and proposes ways to improve the current rules.

Author: Gary B. Born
Publisher: Kluwer Law International B.V.
ISBN: 9041154159
Category : Law
Languages : en
Pages : 5391

View

Book Description
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: Ken Dychtwald
Publisher: John Wiley & Sons
ISBN: 1119846730
Category : Business & Economics
Languages : en
Pages : 333

View

Book Description
"Dychtwald and Morison offer a brilliant and convincing perspective: an essential re-think of what 'aging' and 'retirement' mean today and an invitation to help mobilize the best in the tidal wave of Boomer Third Agers." —Daniel Goleman, PhD, Author, Emotional Intelligence: Why It Can Matter More Than IQ Throughout 99 percent of human history, life expectancy at birth was less than 18 years. Few people had a chance to age. Today, thanks to extraordinary medical, demographic, and economic shifts, most of us expect to live long lives. Consequently, the world is witnessing a powerful new version of retirement, driven by the power and needs of the Baby Boomer generation. Consumers over age 50 account for more than half of all spending and control more than 70% of our total net worth – yet are largely ignored by youth-focused marketers. How will work, family, and retirement be transformed to accommodate two billion people over the age of 60 worldwide? In the coming years, we'll see explosive business growth fueled by this unprecedented longevity revolution. What Retirees Want presents the culmination of 30 years of research by world-famous "Age Wave" expert Ken Dychtwald, Ph.D., and author and consultant Robert Morison. It explains how the aging of the Baby Boomers will forever change our lives, businesses, government programs, and the consumer marketplace. This exciting new stage of life, the "Third Age," poses daunting questions: What will "old" look like in the years ahead? With continued advances in longevity, all of the traditional life-stage markers and boundaries will need to be adjusted. What new products and services will boom as a result of this coming longevity revolution? What unconscious ageist marketing practices are hurting people – and business growth? Will the majority of elder boomers outlive their pensions and retirement savings and how can this financial disaster be prevented? What incredible new technologies of medicine, life extension, and human enhancement await us in the near future? What purposeful new roles can we create for elder boomers so that the aging nations of the Americas, Europe, and Asia capitalize on the upsides of aging? Which pioneering organizations and companies worldwide have created marketing strategies and programs that resonate with the quirky and demanding Boomer generation? In this entertaining, thought-provoking, and wide-ranging book, Dychtwald and Morison explain how individuals, businesses, non-profits, and governments can best prepare for a new era – where the needs and demands of the "Third Age" will set the lifestyle, health, social, marketplace, and political priorities of generations to come.