COMPARATIVE INTERNATIONAL COMMERCIAL ARBITRATION

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Comparative International Commercial Arbitration

Author : Julian D. M. Lew
ISBN : 9789041115683
Genre : Law
File Size : 30.17 MB
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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.
Category: Law

Comparative International Commercial Arbitration

Author : Julian D M Lew
ISBN : 8189960466
Genre :
File Size : 43.25 MB
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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
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Set Off Defences In International Commercial Arbitration

Author : Christiana Fountoulakis
ISBN : 9781847316202
Genre : Law
File Size : 78.31 MB
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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.
Category: Law

The Principles And Practice Of International Commercial Arbitration

Author : Margaret L. Moses
ISBN : 9781108184137
Genre : Law
File Size : 24.41 MB
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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.
Category: Law

Confidentiality In International Commercial Arbitration

Author : Kyriaki Noussia
ISBN : 3642102247
Genre : Law
File Size : 70.43 MB
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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.
Category: Law

Comparative Law Of International Arbitration

Author : Jean-François Poudret
ISBN : 9780421932104
Genre : Arbitration (International law)
File Size : 75.4 MB
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This new and updated English language edition of an acclaimed French language text guides practitioners through the international arbitration process from beginning to end. It covers each step of arbitral procedure, from the conclusion of the arbitration agreement to the enforcement of the arbitral award, from a comparative standpoint, helping practitioners decide which jurisdiction / institution's rules they wish to be bound by. beginning, middle and end of an international commercial arbitration; compares the rules in each of the major arbitration jurisdictions at each stage of the process; pinpoints strengths and weaknesses of arbitration in each jurisdiction; supplies detailed advice on topics such as the arbitration agreement, how to progress a case, the award and enforcement of the award; reproduces a comprehensive selection of comparative materials, drawn from the UNCITRAL and UN texts, as well as national legislation from Sweden, Belgium, Germany, England, Italy, Holland, France and Switzerland; and features materials on the form and content of arbitral deliberations not normally available in the public domain.
Category: Arbitration (International law)

International Commercial Arbitration

Author : Gary Born
ISBN : 9041152199
Genre : Arbitration agreements, Commercial
File Size : 81.61 MB
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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.
Category: Arbitration agreements, Commercial

Concise Arbitration

Author : Mistelis
ISBN : 9789041126092
Genre :
File Size : 50.82 MB
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Concise International Arbitration is part of Kluwer Law International's 'Concise' series. These publications have proven enormously valuable to busy practitioners who require a succinct, accessible and authoritative commentary on the most commonly-used instruments, unencumbered by dense legal argument. Each book in the series breaks down the relevant texts by article and by each paragraph of the article, followed by one or more notes. The intention is to give the reader a rapid appreciation of the meaning and effect of each provision and to point in the right direction should further information (e.g., case law) be needed.
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