Legal Interpretation in International Commercial Arbitration

Author: Joanna Jemielniak
Publisher: Routledge
ISBN: 1317106210
Format: PDF, ePub
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This book fills a gap in legal academic study and practice in International Commercial Arbitration (ICA) by offering an in-depth analysis on legal discourse and interpretation. Written by a specialist in international business law, arbitration and legal theory, it examines the discursive framework of arbitral proceedings, through an exploration of the unique status of arbitration as a legal and semiotic phenomenon. Historical and contemporary aspects of legal discourse and interpretation are considered, as well as developments in the field of discourse analysis in ICA. A section is devoted to institutional and structural determinants of legal discourse in ICA in which ad hoc and institutional forms are examined. The book also deals with functional aspects of legal interpretation in arbitral discourse, focusing on interpretative standards, methods and considerations in decision-making in ICA. The comparative examinations of existing legal framework and case law reflect the international nature of the subject and the book will be of value to both academic and professional readers.

Interpretation and Uniformity of the Uncitral Model Law on International Commercial Arbitration

Author: Dean Lewis
Publisher:
ISBN: 9789041167002
Format: PDF, ePub, Mobi
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Numerous jurisdictions worldwide have augmented their ratification of the New York Convention of 1958 with the UNCITRAL Model Law 1985 (UML), which takes a giant step forward toward global uniformity in legal application and understanding of the arbitration process. This book develops a standard or benchmark for the UML objective of uniformity, using the relevant legislation and case law of Hong Kong, Singapore, and Australia to consider whether a uniform approach to implementation of the UML and its interpretation is being achieved across those jurisdictions. The author's methodological tools are eminently adaptable to other jurisdictions. Given the importance of the ability to set aside an arbitral award, the body of case law on setting aside and the directly related area of enforcement, the emphasis throughout is on Article 34. In addition, the study considers: - the meaning of uniformity in law and in the context of the UML; - the correct approach to interpretation of the UML pre and post Article 2A; - the interpretational relationship between the UML and the Convention on Contracts for the International Sale of Goods (CISG); - the relationship between the UML and the New York Convention; - the degree of textual uniformity of Article 34 with the three jurisdictions focused on; and - the degree of applied uniformity of Article 34 both in terms of juristic methodology and similarity of results. The author, with more than thirty years of practice in the field of commercial arbitration in Hong Kong, has had access to voluminous cases spanning decades and brings his specialist expertise to the subject. This book considers whether the UML has succeeded in its aim of achieving uniformity. It serves as a guide, both academic and practical, to exploring and adopting the correct approach to the interpretation of the UML as well as to the method of classification of court decisions under the UML. This study is of immeasurable academic and practical value.

The UNCITRAL Model Law after Twenty Five Years Global Perspectives on International Commercial Arbitration

Author: Frédéric Bachand
Publisher: Juris Publishing, Inc.
ISBN: 1937518248
Format: PDF, Mobi
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The UNCITRAL Model Law after Twenty-Five Years: Global Perspectives on International Commercial Arbitration is a celebration of the Model Law’s significant contribution to international arbitration law. It assesses and evaluates the Model Law’s impact on the development of a universal arbitration law for a complex and mobile transnational community of lawyers, judges and arbitrators. Written from the perspective of counsel, arbitrators, legislators and judges, this collection is bold in its coverage of Model Law practice. It considers questions of legislative implementation; pre-award issues such as the review of arbitral jurisdiction and the production of evidence; post-award issues such as judicial review of arbitral awards; interpretation and harmonization methods; and questions of future reform. This is one of the only books on the market that considers the application of the UNCITRAL Model Law in both great depth and breadth, and from multiple perspectives. It provides critical assessments and evaluations of the impact that the Model Law has had after 25 years in various aspects of the arbitral process. The issues covered pertain to both substantive and procedural elements; theoretical and practical; historical and evolutional. The UNCITRAL Model Law after Twenty-Five Years: Global Perspectives on International Commercial Arbitration adopts a comparative approach and covers practice in nearly all Model Law countries and many others. As a seminal critique of the progress that the Model Law has made to date, this collection of articles will be of great benefit to judges, arbitrators, lawyers, academics and anyone interested in the future of international commercial arbitration.

Compendium of International Commercial Arbitration Forms

Author: Sigvard Jarvin
Publisher: Kluwer Law International
ISBN: 9789041185877
Format: PDF, Kindle
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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.

Comparative International Commercial Arbitration

Author: Julian D. M. Lew
Publisher: Kluwer Law International B.V.
ISBN: 9041115684
Format: PDF, Kindle
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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.

International Commercial Arbitration

Author: A. J. van den Berg
Publisher: Kluwer Law International B.V.
ISBN: 9041122192
Format: PDF, Docs
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The collected papers in ICCA Congress Series no. 11, as reflected in its title, address important contemporary questions in international commercial arbitration. Included are contributions written by participants in the UNCITRAL Working Group on Arbitration and Conciliation on its current work on the requirement of a written form for an arbitration agreement, interim measures of protection and UNCITRAL?s Model Law on International Commercial Conciliation. Further contributions give leading practitioners? views on illegality in the formation and performance of contracts or in the conduct of the arbitration, examining questions on how the arbitral tribunal should deal with these vexed issues and how forgery and fraud may be detected. The factors that lead to acceptance by parties of the decisions of arbitrators are dealt with in contributions on the psychological aspects of dispute resolution. The volume concludes with a series of articles on arbitration under investment treaties written by experienced arbitrators and practitioners, with special emphasis on ICSID and NAFTA and the emerging issues of transparency, accountability and review. Contains lengthy articles on the ongoing work of UNCITRAL on proposed amendments to the UNCITRAL Model Law on International Commercial Arbitration and the recently adopted Model Law on International Commercial Conciliation Details the current thinking on the requirement of an arbitration agreement in writing and how this can be accommodated by the UNCITRAL Model Law and the 1958 New York Convention Addresses the granting of interim measures by arbitral tribunals and their enforcement by national and foreign courts Analyzes issues raised by illegality in the formation and performance of contracts and in the conduct arbitrations and provides a systematic overview of the answers given by legislation, arbitrators and courts Provides insight into the attitudes of arbitrators and parties regarding dispute settlement processes Addresses the changing public perception of arbitration under investment treaties