International Arbitration

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International Arbitration Law And Practice Third Edition

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Author : Mauro Rubino-Sammartano
language : en
Publisher: Juris Publishing, Inc.
Release Date : 2014-01-01

International Arbitration Law And Practice Third Edition written by Mauro Rubino-Sammartano and has been published by Juris Publishing, Inc. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-01-01 with Arbitration (International law) categories.

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.

International Arbitration And Mediation

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Author : Michael McIlwrath
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2010-01-01

International Arbitration And Mediation written by Michael McIlwrath and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-01-01 with Law categories.

This book is intended as an easily accessible desktop resource for lawyers who regularly counsel businesses when negotiating international deals, and for those who represent the same clients in achieving a successful resolution when disputes emerge. The text is divided into chapters that follow the life cycle of an international commercial dispute as seen through the eyes of the parties, from when they agree how to resolve disputes in their contracts to the endgame of enforcement. Additionally, the appendices include a number of model submissions for further reference.--Provided by publisher.

Asian Leading Arbitrators Guide To International Arbitration

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Author : Michael Charles Pryles
language : en
Publisher: Juris Publishing, Inc.
Release Date : 2007-10-01

Asian Leading Arbitrators Guide To International Arbitration written by Michael Charles Pryles and has been published by Juris Publishing, Inc. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-10-01 with Arbitration and award categories.

The essays in this volume, prepared by a virtual “who’s who” of the leading arbitrators in Asia, present a unique insight into arbitration practices and procedures in the world’s largest and fastest growing region. This book offers thoughtful advice and insights into the world of international arbitration in Asia from some of the most prominent and experienced international arbitrators in the world. The contributors are arbitrators from Brunei Darussalam, China, Hong Kong, India, Indonesia, Japan, Korea, Malaysia, New Zealand, the Philippines, Singapore, United Kingdom and the USA. The contributors offer insights and advice on the way in which international arbitrations are carried out from the point of view of arbitrators reading pleadings and memorials and listening to witnesses and hearing arguments. The authors' discussions are intended to be thoughtful, insightful and useful - and perhaps, occasionally, iconoclastic. There may be instances in which the authors disagree with one another on certain points, for there are often many routes that can be taken to achieve a result. The book will be useful not only to persons who may serve as arbitrators in international arbitral proceedings but also to those who may, in their position as advocates, wish to persuade persons - including, perhaps, the authors.

Aaa Handbook On International Arbitration And Adr Second Edition

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Author : American Arbitration Association
language : en
Publisher: Juris Publishing, Inc.
Release Date : 2010-10-01

Aaa Handbook On International Arbitration And Adr Second Edition written by American Arbitration Association and has been published by Juris Publishing, Inc. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-10-01 with Arbitration and award, International categories.

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.

International Arbitration Law And Practice

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Author : Gary B. Born
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2021-06-07

International Arbitration Law And Practice written by Gary B. Born and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-06-07 with Law categories.

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).

International Arbitration

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Author : A. J. van den Berg
language : en
Publisher:
Release Date : 2013

International Arbitration written by A. J. van den Berg and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Arbitration (International law) categories.

Comments on the Speech of the Singapore Attorney General /Doug Jones --The Need for More Information in Investment Arbitration /Makhdoom Ali Khan --The Korean Perspective on International Arbitration Today and Tomorrow /Kap-You (Kevin) Kim --Is There a "Global Free-standing Body of Substantive Arbitration Law"? /Julian D.M. Lew --How Asia Will Change International Arbitration /Michael J. Moser --Is the Free-Market of Adjudication Dysfunctional? /Alexis Mourre --Achievable Reforms /Lucy Reed --Harmonization of Arbitration Law in the Asia-Pacific Region/David A.R. Williams --A Perspective from China /Ariel Ye --Agreeing To and Initiating Arbitration: Introduction /James Castello and Domitille Baizeau --Survivals and New Arrivals /Aníbal Sabater --Reflections on the Selection of Arbitrators in International Arbitration /Yu Jin Tay --Commencing Arbitration /Cavinder Bull --Commencing Arbitration: Contemporary Paradoxes and Problems /Dominic Roughton --Evidence and Hearings /Anne K. Hoffmann and Nish Shetty --The Tribunal Resolves the Dispute: Introduction to the Session /Audley Sheppard --Compétence-compétence - The Power of an Arbitral Tribunal to Decide the Existence and Extent of its Own Jurisdiction /Jakob Ragnwaldh --A Survey of National Laws and Practices on Enforcement of Foreign Arbitral Awards in South and South East Asia /Minn Naing Oo --The Enforcement of Interim Measures Ordered by Tribunals and Emergency Arbitrators in International Arbitration /Chester Brown --The Tribunal Resolves the Dispute: Summary of the Discussion /Audley Sheppard and Chester Brown --Choices and Strategies: A Rules-Based Look at Different Approaches to International Arbitration in the Wake of UNCITRAL's 2010 Rules Revision Relating to Costs /Judith Gill --How to Mitigate Legal and Arbitration Costs: Considerations by a User /Jean-Claude Najar --Legal and Arbitration Costs: Session Summary /Siegfied H. Elsing and John M. Townsend --Arbitral Secretaries /Constantine Partasides, Niuscha Bassiri, Ulrike Gantenberg, Leilah Bruton and Andrew Riccio --Transcending National Legal Orders for International Arbitration /Emmanuel Gaillard --Is There a Real Need for Transcending National Legal Orders in International Arbitration? Some Reflections Concerning Abusive Interference from the Courts at the Seat of the Arbitration /Sébastien Besson --Do Transnational Rules Matter? /Frédéric Bachand --The Relationship Between International Arbitration and the National Judge: Introduction /Gabrielle Kaufmann-Kohler --Crossing the "Public/Private" Divide: Saipem v. Bangladesh and Other Crossover Cases /José E. Alvarez --The Framework of the International Arbitration System: the Challenge Derived from the Improper Conduct of Judicial Courts /Adriana Braghetta --The Relationship Between International Arbitration and the National Judge: Panel Discussion /Gabrielle Kaufmann-Kohler and Eva Kalnina --Safeguarding the Fair Conduct of Proceedings - Presentation at Breakout Session C3 /R. Doak Bishop --Safeguarding the Fair Conduct of Proceedings - Report /R. Doak Bishop and Margrete Stevens --A Pause for Thought /Toby Landau and J. Romesh Weeramantry --The Future of European Union Investment Policy: Navigating Between a High Level of Investment Protection and Increasing Demands for "Policy Space"--Lessons from the US Experience /Kap-You (Kevin) Kim and John P. Bang --The Future of ICSID, Ad Hoc Committees, Appelate Tribunals, International Investment Courts and Investment Arbitration: Introduction /Brigitte Stern --The Evolution of the ICSID System as an Indication of What the Future Might Hold /J. Christopher Thomas --Seeking Consistency in Investment Arbitration: The Evolution of ICSID and Alternatives for Reform /Andrea Menaker --The Future of ICSID, Ad Hoc Committees, Appelate Tribunals, International Investment Courts and Investment Arbitration: Summary of the Debate /Emmanuelle Cabrol --General Lessons for the New Technological Age of International Arbitration: Opening Remarks /William K. Slate Ii --Arbitration and New Technologies /Philippe Pinsolle --Introduction to Opus 2 Magnum Presentation /Mark Oliver Saville Of Newdigate --Opus 2 Magnum Presentation /Steven W. Fleming --Online Arbitration: Tradition Conceptions and Innovative Trends /Mohamad Salahudine Abdel Wahab --Judicial Debate on the General Theme: "State Courts and International Arbitration: The Future."

International Arbitration When East Meets West

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Author : Neil Kaplan
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2020-10-09

International Arbitration When East Meets West written by Neil Kaplan and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-09 with International commercial arbitration categories.

As Asia, China, in particular, gains economic momentum and increasingly attracts global attention, disputes between Asian and Western parties will inevitably increase. This book, the first to address issues arising from these types of disputes in depth, collects incisive articles by both well-known Asian arbitrators and non-Asian practitioners with extensive experience dealing with arbitrations involving Asian parties, all under the aegis of Michael Moser, a Western-trained lawyer who had the foresight to build a China-focused dispute resolution practice at a time when it was not fashionable to do so. The articles reflect Moser’s exemplary career as an independent arbitrator who has navigated between Asian and Western legal cultures seamlessly for decades. The upshot is an authoritative investigation of the differences and similarities of international arbitration between two contrasting cultures–both from a legal and social perspective– as well as a consideration of how each culture has influenced international arbitration practice overall. Issues covered include the following: interim measures in support of arbitration; the hybrid arbitration-mediation mode of dispute resolution; what China’s investment treaties have to offer; Moser’s ‘Triple A’ approach to mediation; witness conferencing; influence of of rang (¿), or exercise of altruism; Chinese courts’ approach to international arbitration; evolution of investment protection between China and Europe; disclosure versus state secrecy laws in China; and the standard for disclosure in rules of evidence. Given the increasing prevalence of arbitrations seated in Asia and the number of new players engaged in arbitration in Asia, this book is certain to attract a wide range of arbitration practitioners, especially those engaged in arbitrations involving Asian parties. As a comparative study of Asian and Western arbitration theory and practice, it is peerless. Scholars of arbitration worldwide are sure to learn from the insights detailed here of practitioners with consummate experience in arbitrations involving cross-cultural parties. “This is an excellent and wide ranging publication that rightly pays tribute to Michael’s career as a multi-faceted doyen of international arbitration; he has had his base in Asia but at all times he has held a global and even minded view. Many of us – and the overall institution of international arbitration - owe so very much to him.” Matthew Gearing, QC, former Chair of HKIAC “This wide-ranging and insightful volume pays tribute to the distinguished career of Michael Moser, a true Renaissance figure who has traversed both East and West and helped so many others bridge the two.” Gary Born, WilmerHale

International Arbitration And Forum Selection Agreements Drafting And Enforcing

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Author : Gary B. Born
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2021-03-10

International Arbitration And Forum Selection Agreements Drafting And Enforcing written by Gary B. Born and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-10 with Law categories.

International Arbitration and Forum Selection Agreements: Drafting and Enforcing is a concise, practical primer on the fundamentals of drafting and enforcing international arbitration agreements and other dispute resolution clauses. Drawing on a wealth of practical experience and academic analysis by one of the world’s leading authorities on international arbitration and litigation, this extensively revised and expanded sixth edition provides model arbitration and forum selection clauses for international contracts and explains the advantages and disadvantages of different approaches to reducing the risks inherent in cross-border transactions. The book is an essential resource for any international practitioner or corporate counsel engaged in international matters. Key Features include: Discussion of practical reasons for international arbitration and forum selection clauses Uncomplicated and practical guidance on drafting international arbitration and forum selection clauses Do's and Don't's for drafting Model international arbitration and forum selection clauses that permit efficient and effective dispute resolution Nearly 100 different model provisions Ad hoc versus institutional arbitration clauses Overview of leading arbitral institutions (including ICC, SIAC, ICDR/AAA, LCIA, HKIAC, PCA, ICSID, WIPO, VIAC, DIS, NAI and CRCICA) Overview of advantages and disadvantages of leading arbitral seats Forum selection clauses for national and international courts Multi-tier dispute resolution provisions Optional provisions for international arbitration and forum selection clauses (including arbitrator selection, arbitral procedure, costs of arbitration, provisional measures, waiver of annulment and currency of award) Discussion of pathological arbitration clauses and commonly-encountered defects And covers: Updated extensively to address developments through January 2021 New materials covering international courts and choice-of-law provisions Key reference materials in easy-to-use appendices About the author: Gary B. Born is one of the world’s leading authorities on international arbitration and litigation. He has practiced extensively in both fields in Europe, the United States, and Asia. He is the author of International Commercial Arbitration (Kluwer Law International 3rd ed. 2021), International Arbitration: Law and Practice (Kluwer Law International 2nd ed. 2016), International Commercial Arbitration: Cases and Materials (Aspen 2nd ed. 2015) and International Civil Litigation in United States Courts (Aspen 6th ed. 2018).

International Arbitration And Mediation From The Professional S Perspective

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Author : Anita Alibekova
language : en
Publisher: Lulu.com
Release Date : 2007-06

International Arbitration And Mediation From The Professional S Perspective written by Anita Alibekova and has been published by Lulu.com this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-06 with Law categories.

An examination of the techniques or arbitration and mediation.

The Principles And Practice Of International Commercial Arbitration

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Author : Margaret L. Moses
language : en
Publisher: Cambridge University Press
Release Date : 2017-04-06

The Principles And Practice Of International Commercial Arbitration written by Margaret L. Moses and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-04-06 with Law categories.

This book explains how and why arbitration works. offering comprehensive coverage of the basic requirements, including recent changes in arbitration laws, rules, and guidelines.