International and Domestic Arbitration in Switzerland

Author: Bernhard Berger
Publisher: Hart Pub Limited
ISBN: 9781782256410
Format: PDF
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The previous editions of this book have established themselves among the leading authorities on Swiss arbitration law. This fully revised and amended third edition provides up-to-date information on the law and practice of international and domestic arbitration in Switzerland. The book provides a comprehensive analysis of all relevant aspects of international and domestic arbitration in Switzerland, addressing all major issues, including the concept and sources of arbitration, arbitrability, the arbitration agreement, competence-competence and the autonomy of the arbitration agreement, the arbitral tribunal, the arbitral procedure, the arbitral award, setting aside proceedings against the award and the enforcement of arbitral awards, including the recognition and enforcement of foreign arbitral awards. Frequently referred to by the Swiss Federal Supreme Court in its case law, the book is an indispensable tool for legal scholars conducting an in-depth analysis of a controversial issue. At the same time, it is an invaluable and user-friendly source of information and reference for arbitration practitioners in Switzerland and abroad. The book's appendices contain useful additional materials, including a detailed table of cases and a most accurate translation of the provisions on arbitration of the Swiss Code of Civil Procedure and the Swiss Statute on Private International Law.

Practitioner s Handbook on International Arbitration and Mediation Third Edition

Author: Richard Chernick
Publisher: Juris Publishing, Inc.
ISBN: 1933833750
Format: PDF, ePub, Docs
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The Practitioner's Handbook on International Arbitration and Mediation, 3rd Edition is a unique work with each chapter written by a well-known practitioner and expert in the field. It covers each step of the international arbitration and mediation process and offers separate chapters that summarize the laws of leading arbitral venues. This Handbook is intended to make the reader into a better practitioner or arbitrator/mediator. Moreover, each chapter has been written to provide practical advice and guidance. Unlike many works with multiple authors, this work is not simply a collection of essays on a general subject. This book is a unified work with cross references among the chapters and a consistent format throughout. The Practitioner's Handbook is divided into three parts. Part One describes in detail each step of the international arbitration process and offers tips. Part Two deals with each step and facet of an international mediation. Each of these chapters is filled with Practitioners’ Expert Commentary. Part Three summarizes the laws of leading arbitral jurisdictions, like Hong Kong, England, Switzerland, and France. These chapters give you detailed guidance on the laws governing international arbitration in that particular jurisdiction. As a result, the chapters in Part Three are a bit more technical as the authors realized that the reader would need citations to and commentary on the local arbitration statutes and rules. The CD ROM that accompanies this Work contains relevant original source material that is germane to the text. A review of the table of contents of the material contained on the CD ROM will acquaint you with the range of material covered.

International Arbitration Law and Practice Third Edition

Author: Mauro Rubino-Sammartano
Publisher: Juris Publishing, Inc.
ISBN: 1937518159
Format: PDF, ePub, Mobi
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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.

Leading Arbitrators Guide to International Arbitration Third Edition

Author: Lawrence W. Newman
Publisher: Juris Publishing, Inc.
ISBN: 1937518337
Format: PDF, Docs
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The Leading Arbitrators' Guide to International Arbitration Third Edition offers thoughtful advice and insights into the world of international arbitration from some of the most prominent and experienced international arbitrators in the world. The contributors are arbitrators from Australia, Belgium, Canada, Chile, Denmark, England, France, Germany, Italy, The Netherlands, Italy, Spain, Sweden, Switzerland 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. As a result, there may be instances in which the authors disagree with one another on certain points. This is to be expected 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 internatinoal arbitral proceedings but also to those who may, in their position as advocates, wish to persuade persons -- including, perhaps, the authors.

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

Author: Elliott Geisinger
Publisher: Juris Publishing, Inc.
ISBN: 1937518485
Format: PDF, ePub
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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.

An International Restatement of Contract Law The UNIDROIT Principles of International Commercial Contracts

Author: Michael Joachim Bonell
Publisher: Martinus Nijhoff Publishers
ISBN: 900419469X
Format: PDF, Docs
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The Unidroit Principles of International Contracts, first published in 1994, have met with extraordinary success in the legal and business community worldwide. Prepared by a group of eminent experts from all major legal systems of the world, they provide a comprehensive set of rules for international commercial contracts. This new edition of An International Restatement of Contract Law is the first comprehensive introduction to the Unidroit Principles 2004. In addition, it provides an extensive survey and analysis of the actual use of the Unidroit Principles in practice with special emphasis on the different ways in which they have been interpreted and applied by the courts and arbitral tribunals in the hundred or so cases reported worldwide. The book also contains the full text of the Preamble and the 180 articles of the Unidroit Principles 2004 in Chinese, English, French, German, Italian and Russian as well as the 1994 edition in Spanish.

Post Hearing Issues In International Arbitration

Author: Devin Bray
Publisher: Juris Publishing, Inc.
ISBN: 1937518272
Format: PDF, Mobi
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Post-Hearing Issues in International Arbitration includes articles that originally appeared in the Stockholm Arbitration Report (SAR) and the Stockholm International Arbitration Review (SIAR). All of the articles have been extensively revised and updated for this publication. The authors and articles selected include a wide range of perspectives and include judges, arbitrators, seasoned practitioners and well-respected scholars that can account for the first-hand practice-orientated developments of international arbitration. The book is set out in three parts. In Part I, the authors discuss three significant issues related to the conclusion of an international arbitral award: arbitrator deliberations, punitive damages, and post-award interest. Part II attempts to navigate the interesting and often daunting review processes of an international arbitration award. Part III considers a blend of international arbitration recognition and enforcement issues, including jurisdictional hurdles, public policy concerns, primary defences, and the practical requirements of a successful claim. Contributors Include: Eunice Bai Jonas Benedictsson Gordon Blanke Thomas E. Carbonneau Christopher R. Drahozal Jessica Jia Fei Laurent Hirsch Vladimir Khvalei Peter Krikström Emma Lindsay Finn Madsen Damien McDonald Katarina Mild Charles Poncet Christopher Seppälä Robert H. Smit Alexander Vesselinovitch Martin Wallin

Switzerland s private international law

Author: Pierre A. Karrer
Publisher: Kluwer Law Intl
ISBN:
Format: PDF, ePub, Mobi
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Although Switzerland's geographical situation places it in the very center of the European community, it stands alone as a neutral nation with separate legislation and policies, which are not governed from Brussels. With respect to its neutrality And The critical importance of its centralized location, it is imperative to those involved in European and international law to acquire a solid understanding of the laws which govern this land of majestic mountains and internationally renowned fame, In contributing towards the effort to expedite solutions to various international arbitration have therefore been translated and included. This revised edition of Switzerland's Private International Law offers legal professionals an insight into current Swiss legislation regarding all phases of private law. In addition to arbitration law this publication addresses topics such as Intellectual Property, Bankruptcy and Composition, Obligations, Companies, Marriage, Parent-Child Relationships, Guardianship and other Protective Measures, Inheritance Law, Real Rights, Final Provisions and Lugano Convention with Annotations