French Arbitration Law and Practice

Author: Jean-Louis Delvolvé
Publisher: Kluwer Law International
ISBN: 9041126902
Format: PDF
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Increasingly, and to a greater degree than most national jurisdictions, France encourages and favours private arbitration as the normal and usual method for the resolution of disputes arising from international economic relations. In this new edition of the standard English-language work on French arbitration law and practice, the authors examine this trend as rules and practices developed in international arbitration have taken hold in French domestic arbitration and vice versa. Accordingly, the authors present the French arbitral process as one entire system of dispute resolution, which consists of various stages from the formation of the arbitration agreement to enforcement of the award, without dividing the subject into the formally distinct parts of domestic and international arbitration. The new edition highlights such features of this dynamic body of arbitration law as the following: characterization of international arbitration by French courts; cases which require decisions by a national court or authority; cases where inarbitrability arises from protection of the weaker party to a contract; cases where the decision sought would infringe a general rule of public policy; authority and duties of the arbitral tribunal; rights, obligations and liabilities of arbitrators; the time factor in the conduct of arbitral proceedings; tender and reception of evidence; substantive rules of law; the immediate effect and consequences of the arbitral award; order for enforcement of the award in France (exequatur); contesting orders of the juge de l'exequatur; grounds common to annulment of awards and refusal of enforcement; enforceability of awards pending challenge; enfocement of awards against states; and relationship of French Law with the New York Convention, 1958. At each stage the authors emphasize variations arising in international arbitration. The presentation also takes account, with comments at relevant points, of the influential 2006 Draft Reform of the Comité Français de l'Arbitrage. A highly useful annex reprints relevant French legislation with English translation, as well as the texts of major international arbitration conventions and an extensive bibliography. The objective of the book is to present a modern and efficient arbitration system, not only to readers who are encountering it for the first time, but also to those who, although well-versed in it, might benefit from a text in English, with the comparisons to common law provisions such an undertaking entails. Any practitioner or academic interested in the field of international arbitration and the enforcement of foreign awards will welcome this very useful and informative work.

International Commercial Arbitration and the Commercial Agency Directive

Author: Jan Engelmann
Publisher: Springer
ISBN: 3319474499
Format: PDF
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This book investigates the tensions between EU law and international commercial arbitration, i.e. tensions between two phenomena at opposite ends of the public to private ordering continuum. It focuses on the Commercial Agents Directive’s regime for indemnity and compensation as one of the most frequent source of these tensions. To mitigate the consequential problems, the book proposes and describes a comprehensive framework for a preferable system of reviewing arbitration agreements and arbitral awards. To this end, it explores the prerequisites of this system through comparative legal analysis of the German, Belgian, French and English systems of review, an assessment of the observable aspects of arbitral practice, game theoretical analysis of the arbitral process, and microeconomic analysis of the cross-border market for commercial agency.

International Arbitration and Mediation

Author: Michael McIlwrath
Publisher: Kluwer Law International
ISBN: 9041126104
Format: PDF, ePub
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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.

Consent in International Arbitration

Author: Andrea M. Steingruber
Publisher: OUP Oxford
ISBN: 0191638196
Format: PDF, Kindle
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Examining the notion, nature, and extent of consent in both commercial arbitration and investment arbitration, this book provides practitioners and academics with a thorough, case-related analysis of an issue which raises many questions. Whilst considering the evolution of arbitration and its consensual nature - enlargement of the parties' freedom to consent to arbitration, and development from commercial arbitration to investment arbitration - it addresses important theoretical questions to offer practical solutions. These include: how consent to arbitrate is expressed and when mutual consent to arbitration is reached; which law shall govern the arbitration agreement or, more particularly, consent as an element of the substantive validity of it; and, conversely, according to which law will a possible lack of consent be judged; how consent should be interpreted; which relationship exists between consent as part of the substantive validity of an arbitration agreement and its formal validity; which, if any, are the implied terms when consenting to arbitration; how consent to arbitrate influences procedural aspects (counterclaims, joinder, consolidation), and which solutions adopted by treaties, national laws or arbitration rules are, or would be, the most respectful of parties' consent in this respect; what in investment arbitration is the relationship between consent and most-favoured-nation clauses or the influence of umbrella clauses. The book includes original arguments and puts forward new suggestions with regard to the changeable consensual character of arbitration. It also provides a particular focus on problems that frequently arise in practice of international arbitration, for example issues related to complex multiparty arbitration and to jurisdictional questions in investment arbitration.

Arbitral Institutions Under Scrutiny ASA Special Series No 40

Author: Philipp Habegger
Publisher: Juris Publishing, Inc.
ISBN: 1937518132
Format: PDF, ePub, Mobi
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The internal organisation and practices of operation of arbitral institutions are often not transparent and are rarely addressed in public discussions among arbitration practitioners. To shed some light on aspects of the internal organisation and operation of these institutions, ASA asked the MIDS (Geneva LLM in International Dispute Settlement) to conduct a broad survey of arbitral institutions based on a detailed questionnaire. The results are summarized in Chapter 1 of this volume. The further Chapters of this volume contain the presentations of the speakers at the ASA conference of 9 September 2011. They discuss responsibilities of the institutions in administering arbitration cases under their sets of rules in the different phases of an arbitral proceeding, from the constitution of the arbitral tribunal to supervision and quality control to financial aspects, such as cost control and the potential liability of arbitrators. In sum, this volume of the ASA Special Series contains a lot of interesting information for all arbitration practitioners and users of institutional arbitration services.

International Arbitration

Author: Gary B. Born
Publisher:
ISBN: 9789041166371
Format: PDF, Kindle
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International Arbitration: Law and Practice (Second Edition) provides a comprehensive coverage of the basic principles and legal doctrines, and the practice, of international arbitration. It contains a systematic and concise treatment of all aspects of the arbitral process, including international arbitration agreements, international arbitral proceedings and international arbitral awards. The book 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. Accolades for Gary B. Bornand’s International Commercial Arbitration (2009 and& 2nd ed. 2014), recipient of the American Society of International Lawand’s 2010 Certificate of Merit: and“An unparalleled book on the law, practice and theory of international commercial arbitration and… indispensable for both practitioners and academics.and” Professor Jack L. Goldsmith III, Harvard Law School and“Stunningly comprehensive, accessible, and bristling with insights: the definitive text on international arbitration.and” Professor Harold Hongju Koh, Yale Law School and“A monumental work of legal scholarship.and” Professor Campbell McLachlan, Victoria University of Wellington and“An extraordinary combination of both practical experience and academic analysis.and” Professor Dr. Daniel Girsberger, University of Lucerne

EU and US Antitrust Arbitration

Author: Gordon Blanke
Publisher: Kluwer Law International
ISBN: 9041127607
Format: PDF, Docs
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EU and US Antitrust Arbitration is the first book that deals with how both of the world's leading antitrust systems, US and EU law, are treated in international arbitration. In forty-nine chapters written by renowned experts, this book provides an in-depth examination of all relevant topics, from drafting arbitration clauses, to arbitrability, provisional measures, the applicability of antitrust law in arbitrations, dealing with economic evidence and experts in relation to antitrust law, to relations with courts and regulators, remedies, and recognition and enforcement of arbitration awards dealing with antitrust issues. Both antitrust and merger control are covered. The perspectives of the arbitrator and the in-house andquot;userandquot; of arbitration are included. Two chapters outline and explain US antitrust law and EU antitrust law with special reference to matters particularly likely to arise in arbitration. One chapter is devoted to ICC antitrust arbitrations and another to the emerging area of EU State aids in arbitration. There are industry-specific chapters, such as on telecommunications and pharmaceuticals, and much else. In this substantial book, practitioners will find helpful and easy-to-understand guidance to their questions on antitrust arbitrations.

International Arbitration in the United States

Author: Laurence Shore
Publisher: Kluwer Law International
ISBN: 9789041150165
Format: PDF, Mobi
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International Arbitration in the United States is a comprehensive analysis of international arbitration law and practice in the United States (U.S.). Choosing an arbitration seat in the U.S. is a common choice among parties to international commercial agreements or treaties. However, the complexities of arbitrating in a federal system, and the continuing development of U.S. arbitration law and practice, can be daunting to even experienced arbitrators. This book, the first of its kind, provides parties opting for "private justice" with vital judicial reassurance on U.S. courts' highly supportive posture in enforcing awards and its pronounced reluctance to intervene in the arbitral process. What's in this book: With a nationwide treatment describing both the default forum under federal arbitration law and the array of options to which parties may agree in state courts under state international arbitration statutes, this book covers aspects of U.S. arbitration law and practice as the following: institutions and institutional rules that practitioners typically use; ethical considerations; costs and fees; provisional measures; and confidentiality. There are also chapters on arbitration in specialized areas such as class actions, securities, construction, insurance, and intellectual property. How this will help you: As a topical reach that gives a wide perspective on the practice of international arbitration in the U.S., this book helps practitioners to conduct and navigate an international arbitration in the U.S. confidently. The in-depth discussion of law of international arbitration, including legal framework applicable in the U.S. in each stage of arbitration, from drafting of arbitration agreements to enforcement of arbitration awards, has not been attempted by any other publication. This book, thus, serves as an invaluable resource to both U.S. and non-U.S. lawyers for conducting arbitration on U.S.

Law and Practice of Investment Treaties

Author: Andrew Paul Newcombe
Publisher: Kluwer Law International
ISBN: 9041123512
Format: PDF, ePub, Mobi
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Foreign investors enjoy the protection of a vast network of international investment agreements (IIAs) supplemented by the general rules of international law. Under IIAs, states must accord foreign investors substantive standards of promotion and protection. In addition, IIAs provide an investor-state arbitration mechanism that allows foreign investors to enforce these standards against host states. In response to disputes arising under the IIA regime, since the early 1990s a significant body of arbitral jurisprudence has developed. This book provides a comprehensive and systematic explanation of these standards of treatment, taking into account developments in treaty practice and arbitral jurisprudence. Where possible, the authors critically examine the applicable principles emerging from treaty practice and jurisprudence. The book focuses on the substantive protections accorded to foreign investors and investments. Among the many specific issues and topics that arise in the course of the analysis are the following: the origins and evolution of the international investment treaty framework; the interaction between international and national law in the resolution of IIA disputes and the interpretation of IIAs; the role IIAs play in investment liberalization and their interaction with other areas of international economic law; the relationship between treaty and customary international law standards; the development of norms of non-discrimination and minimum standards of treatment, including fair and equitable treatment; the meaning of expropriation and conditions for lawful expropriations; the rules relating to transfer of funds, performance requirements and transparency; and exceptions and defences to investment treaty obligations. International business and other investors will greatly appreciate the in-depth information and insightful guidance in this solidly useful book. It will also be welcomed by jurists and students as a significant milestone in the articulation of principles in a quickly growing field of international law.

E business Law of the European Union

Author: Quinten R. Kroes
Publisher: Kluwer Law International
ISBN: 9041126368
Format: PDF
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e-Business Law of the European Union contains the text of the EU legislation which is of particular relevance to e- business, covering a broad spectrum of legal issues such as data protection, distance selling, electronic signatures, liability of online intermediates, electronic money, applicable law and jurisdiction in international disputes. This publication combines the regulatory initiatives of the various directorates-general of the European Commission (which may also be found on their websites) in one convenient hardcopy volume, making it an essential reference book to any lawyer, business-executive or law student dealing with the legal aspects of e-business. The source materials selected for this publication are explained briefly in a short introductory chapter for those readers not already familiar with this exciting and dynamic subject matter. This volume was put together by lawyers from various European offices of Allen and Overy who are part of Allen and Overy's cross-border CMT Group (Communications, Media and Technology). The CMT Group's truly international footprint, integrated approach and vast experience in each of the CMT sectors has made Allen and Overy one of the leading legal names in the field of e-business and ICT