Competence Competence in the Face of Illegality in Contracts and Arbitration Agreements

Author: Richard H. Kreindler
Publisher: BRILL
ISBN: 9004257551
Format: PDF, ePub, Docs
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Also available as an e-book Competence-competence and corruption have, for different reasons, been mainstays of international dispute resolution thought and practice for the longest time. In the last few years, their intersection has become increasingly important and problematic. These lectures seek to define the problem and to provide acceptable solutions where possible. They attempt to derive support from both a stringent dogmatic approach and pragmatic attention to real-life expectations and conduct. More so than in other areas of private international law, the intersection between the powers of the arbitrator and the illegality of the subject matter or the parties’ conduct poses a particular challenge. That challenge is to postulate proper solutions under the law, including principles of transnational or international law, to conduct which can take on a multiplicity of appearances owing to conflicting cultural understandings of what is and is not legal in commercial life. The statement that bribery and corruption offend transnational or international public policy does not relieve the arbitrator from the burden of scrutinizing that statement doctrinally and exploring its consequences in a period of ever-increasing globalization of economic activity and investment.

Collection of ICC arbitral awards 1991 1995

Author: Jean-Jacques Arnaldez
Publisher: Kluwer Law Intl
ISBN: 9789041104144
Format: PDF, Mobi
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The Collection of ICC Arbitral Awards 1991-1995 contains extracts of cases handled by the ICC Court of Arbitration, one of the world's most respected arbitral institutions. This most recent collection supplements two previous and successful volumes containing awards from the periods 1974-1985 and 1986-1990. This collection is a practical reference tool, containing three types of useful indexes incorporating information from all three volumes: For the first time, a consolidated analytical table, In both English and French, contains extensive cross-references based on the terminology used in awards and case notes A chronological index lists the awards and contains references to legal literature A key word index, also provided in both languages, allows the reader to locate the material of interest quickly and easily In addition to providing a wealth of information in a highly accessible manner, this book includes case notes and expert commentaries on the awards. This publication is an indispensable reference work for anyone interested in international arbitration and in the reasoning of international arbitrators on the interpretation and application of contractual clauses, international conventions, And The law of international trade. It is invaluable to both scholars and practitioners involved in the drafting and negotiation of international commercial contracts And The resolution of international commercial disputes.

Collection of ICC Arbitral Awards 2008 2011

Author: Jean-Jacques Arnaldez
Publisher:
ISBN: 9789041149169
Format: PDF
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The Collection of ICC Arbitral Awards 1996-2000 contains extracts of cases handled by the ICC Court of Arbitration, one of the world's most respected arbitral institutions. This most recent collection supplements three previous and successful volumes containing awards from the periods 1974-1985, 1986-1990 and 1991-1995. This collection is a practical reference tool, containing three types of useful indexes incorporating information from all three volumes: - A consolidated analytical table, in both English and French, contains extensive cross-references based on the terminology used in awards and case notes; - A chronological index lists the awards - A key word index, also provided in both languages, allows the reader to locate the material of interest quickly and easily In addition to providing a wealth of information in a highly accessible manner, this book includes case notes and expert commentaries of the awards. This publication is an indispensable reference work for anyone interested in international arbitration and in the reasoning of international arbitrators on the interpretation and application of contractual clauses, international conventions, and the law of international trade. It is invaluable to both scholars and practitioners involved in the drafting and negotiation of international commercial contracts and the resolution of international commercial disputes.

Collection of ICC Arbitral Awards 1996 2000

Author: Jean-Jacques Arnaldez
Publisher: Kluwer Law International
ISBN: 9041122052
Format: PDF, Kindle
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The Collection of ICC Arbitral Awards 1996 - 2000 contains extracts of cases handled by the ICC Court of Arbitration, one of the world's most respected arbitral institutions. This most recent collection supplements three previous and successful volumes containing awards from the periods 1974 ' 1985, 1986 ' 1990 and 11991 ' 1995. This collection is a practical reference tool, containing three types of useful indexes incorporating information from all three volumes: A consolidated analytical table, in both English and French, contains extensive cross-references based on the terminology used in awards and case notes A chronological index lists the awards and contains references to legal literature; and, A key word index, also provided in both languages, allows the reader to locate the material of interest quickly and easily. In addition to providing a wealth of information in a highly accessible manner, this book includes case notes and expert commentaries on the awards. This publication is an indispensable reference work for anyone interested in international arbitration and in the reasoning of international arbitrators on the interpretation and application of contractual clauses, international conventions, and the law of international trade. It is invaluable to both scholars and practitioners involved in the drafting and negotiation of international commercial contracts and the resolution of international commercial disputes.

Sports Arbitration A Coach for Other Players ASA Special Series No 41

Author: Elliott Geisinger
Publisher: Juris Publishing, Inc.
ISBN: 1937518485
Format: PDF, Docs
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Sports Arbitration: A Coach for Other Players? is not about sports arbitration. The reader may thus ask: Well, what is it about? Arbitration can take inspiration from other human activities, for instance sports. Does it follow that arbitration in general can take inspiration from sports arbitration? Can sports arbitration serve as an example, be it for better or worse? And if so, what are the limits of this? These questions are highly topical in today's world of arbitration. Faced with the increased duration and costs of arbitral proceedings, and with the perception that litigators instead of business people have taken over the process, more and more users are calling for a return to fast, inexpensive forms of dispute resolution that are conducted by persons of the trade. This has resulted in a series of initiatives to introduce trade-specific forms of dispute resolution based on fast-track arbitration proceedings in a wide range of business sectors.

Recueil Des Sentences Arbitrales

Author: United Nations
Publisher: United Nations Publications
ISBN: 9789210330909
Format: PDF, ePub, Docs
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This is the 24th volume in the series of reports on awards in international arbitration cases between States or between a State and an international organisation. It contains details of a single case, the United States-United Kingdom arbitration concerning Heathrow Airport user charges.

The Law of Damages in International Sales

Author: Djakhongir Saidov
Publisher: Bloomsbury Publishing
ISBN: 1847314597
Format: PDF, Docs
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The book aims to explore the remedy of damages in international sales transactions. Its focus is on the international contract law instruments such as the Convention on Contracts for the International Sale of Goods (CISG), the UNIDROIT Principles of International Commercial Contracts, and the Principles of European Contract Law. The issues addressed in the book include: the basis for the right to claim damages, definition and purpose of damages, the idea of limiting damages, principles underlying the award of damages, classification of losses and heads of recoverable losses, causation, foreseeability, mitigation, standards of proving losses and methods of calculating and determining the amount of damages. The book draws on the experience of some major legal systems in dealing with contract damages as well as on the body of cases and scholarly writings on the international instruments. In doing so, the book attempts to provide a justification for the existing rules on damages, highlights the problems in their interpretation and application, and proposes solutions to the existing problems in the light of relevant policies and goals pursued by the international instruments. The work will be of interest to practitioners involved in international commercial transactions, scholars and students interested in international commercial and comparative contract law.