Comparative International Commercial Arbitration

Author: Julian D. M. Lew
Publisher: Kluwer Law International
ISBN: 9041115684
Format: PDF, ePub, Mobi
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This treatise describes the practice of international commercial arbitration with reference to the major international treaties and instruments, arbitration rules and national laws. It provides an analysis of the interaction between party autonomy and arbitration practice.

Comparative International Commercial Arbitration

Author: Julian D M Lew
Publisher:
ISBN: 9788189960469
Format: PDF
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International arbitration is the preferred method for the settlement of international business disputes. As a private, autonomous and international dispute resolution mechanism arbitration has become independent from national laws in practice. This new and comprehensive treatise addresses all significant issues pertaining to international arbitration. The perspective is international and comparative and reference is made to all major international treaties and instruments, arbitration rules and national laws. The authors trace the realities of international arbitration practice, i.e. what parties and arbitrators do, how arbitration is conducted, and the principles pertaining to the arbitration agreement, the formation, role and functions of the arbitration tribunal, and the importance and effect of the arbitration award. These are illustrated by published awards, international instruments and arbitration rules, and national court decisions recognising and giving effect to these autonomous international arbitration practices. At every stage of the arbitration process there remains a conceptual legal conflict between the inherent international and autonomous character of arbitration and the national laws of the parties, the place of arbitration, and the place where the award is to be enforced. These issues are reviewed with particular reference to national constitutional and regulatory systems, the effect of mandatory laws of connected states, and European and international law including international human rights instruments. The book describes participation in international arbitration of states and state entities, and the interaction between commercial and investment arbitrations. No two international arbitrations are the same. This book analyses the various structures, practical arrangements, procedures and legal implications for arbitrations wherever the arbitration takes place. It also provides a guide for lawyers involved in the international arbitration process whatever the nationality of the parties and the composition of the tribunal. The book is an indispensable tool for practising and academic lawyers concerned with international trade law, international litigation and commercial arbitration. It is also an essential guide for those seeking to understand a particular issue in international arbitration

Confidentiality in International Commercial Arbitration

Author: Kyriaki Noussia
Publisher: Springer Science & Business Media
ISBN: 9783642102240
Format: PDF, ePub, Mobi
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Arbitration is an essential component in business. In an age when transparency is a maxim, important issues which the laws governing arbitration currently fail to address are the extent to which disclosure of information can be constrained by private agreement along with the extent to which the duty to preserve confidentiality can be stretched. Absent a coherent legal framework and extensive qualitative and quantitative data, it is equally difficult to suggest and predict future directions. This book offers a tool for attaining centralised access to otherwise fragmentary and dispersed material, as well as a comprehensive analysis and detailed exposition of the position in relation to confidentiality in arbitration in the jurisdictions of England, USA, France and Germany.

Set off Defences in International Commercial Arbitration

Author: Christiana Fountoulakis
Publisher: Bloomsbury Publishing
ISBN: 1847316204
Format: PDF, ePub
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The book deals with set-off in international arbitration proceedings. In these proceedings, set-off is frequently the tool relied upon to resist a claim. At the same time, the legal intricacies make it hard to use. The first part of the book provides a survey of set-off, including its definition, significance and functions. The second part offers a thorough comparative analysis of selected European laws of set-off and reveals the dramatic differences between them. The third and last part of the book deals with the problematic consequences of these differences and shows the limits and the inadequacy of the traditional choice-of-law doctrines. While demonstrating how to overcome the practical hurdles of the present situation, the third part also offers normative alternatives that should provide significant help in the adjudication of commercial disputes.

The Principles and Practice of International Commercial Arbitration

Author: Margaret L. Moses
Publisher: Cambridge University Press
ISBN: 1108184138
Format: PDF, Docs
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Arbitration has become the dispute resolution method of choice in international transactions. This book provides the reader with immediate access to understanding the world of international arbitration, explaining how and why arbitration works. It provides the legal and regulatory framework for international arbitration, as well as practical strategies to follow and pitfalls to avoid. It is short and readable, but comprehensive in its coverage of the basic requirements, including the most recent changes in arbitration laws, rules, and guidelines. The third edition includes new sections on state to state arbitration, the role and power of the arbitrator, reform efforts in international investment treaties, transparency in international arbitration and third party funding. In the book, the author includes insights from numerous international arbitrators and counsel, who tell firsthand about their own experiences of arbitration and their views of best practices. Throughout the book, the principles of arbitration are supported and explained by the practice, providing a concrete approach to an important means of resolving disputes.

Rethinking International Commercial Arbitration

Author: Gilles Cuniberti
Publisher: Edward Elgar Publishing
ISBN: 1786432404
Format: PDF, Docs
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Arbitration is the normal and preferred mode for resolving international commercial disputes. It presents an essential advantage over national courts by offering neutrality of adjudication, but is currently only available where both parties have consented to it. This innovative book proposes a fundamental rethink of this assumption and argues that arbitration should become the default mode of resolution in international commercial disputes.

International Commercial Arbitration

Author: Gary Born
Publisher:
ISBN: 9789041152190
Format: PDF, Mobi
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V.3: " ... 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."--Descripción del editor.

Compendium of International Commercial Arbitration Forms

Author: Sigvard Jarvin
Publisher: Kluwer Law International
ISBN: 9789041185877
Format: PDF
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Compendium of International Commercial Arbitration Forms is a collection of documents used in international commercial arbitration, both institutional and ad hoc. International arbitration of business disputes continues to rise dramatically. New people entering the international arbitration community from all continents require a systematic guide to draft the arbitration documents. In light of this, this book, first of its kind, provides with numerous practical examples of the documents involved in each step of an international arbitration proceeding taken from actual cases, under different arbitration rules and in different countries. This allows actual ready-to-adapt forms to be located quickly for any issue likely to arise and clearly illustrates the different drafting styles used in practice. What's in this book: In a single book, scores of documents are provided, including inter alia the following: request for arbitration; answer/counterclaim; claimant's reply to counterclaim; terms of reference; rules of procedure; timetable for submissions; procedural orders; written pleadings/statement of claim/defence; witness statements/depositions/affidavits; requests/orders for the production of documents/discovery; requests/orders on interim measures/security for costs; hearings; opening statement/closing statement; submissions on costs; awards/interim/partial/final/by consent; and requests/decisions on correction and interpretation of awards. Explanatory comments on more complex forms help to raise the readers' awareness on a specific issue or discussion. Emphasis throughout is on procedural aspects. How this will help you: No other book makes it so easy to find all the information necessary to prepare a case or take a decision in the context of international commercial arbitration. The readers can use these forms as such or adapt them taking into account the characteristics of their own cases and experiences. This compendium of forms thus answers the question of how to draft a form for a particular stage of arbitration. This book is of immeasurable value to corporate counsel, arbitrators and arbitration centres (especially newer ones in emerging markets), practitioners, lawyers and academics.