Redfern And Hunter On International Arbitration

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Redfern And Hunter On International Arbitration

Author : Nigel Blackaby
ISBN : STANFORD:36105134486146
Genre : Law
File Size : 69.84 MB
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Reviewing the legal context within which international commercial arbitration operates, this text has been updated to reflect recent developments in international law.
Category: Law

Redfern And Hunter On International Arbitration

Author : Nigel Blackaby
ISBN : 0198714246
Genre :
File Size : 51.60 MB
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This leading commentary on international commercial arbitration, now in its sixth edition, is an essential guide for arbitrators, lawyers, and students. Based on the authors' extensive experience as counsel and arbitrators, it provides an updated explanation of all elements of the law and practice of arbitration. This pack includes the hardback, ebook, and an android app version. This text provides an authoritative guide to the international arbitral process, from the drafting of the arbitration agreement to the enforcement of arbitral awards. The sixth edition has been updated to incorporate reference to the latest significant developments in the field such as the new LCIA, ICC and UNCITRAL Rules and new IBA Guidelines. There will also be an increased reference to international arbitral authority and practice from beyond Europe (China, India, and the US). Following the chronology of an arbitration, the book covers applicable laws, arbitration agreements, the establishment and powers of a tribunal, the conduct of proceedings and the role of domestic courts. In addition, it provides an in-depth examination of the award itself, and comments on the special considerations applying to arbitrations brought under investment treaties. It draws on examples of the rules and practice of arbitration at the International Chamber of Commerce, the London Court of International Arbitration, the American Arbitration Association, the International Centre for Settlement of Investment Disputes and the United Nations Commission on International Trade Law.
Category:

Redfern And Hunter On International Arbitration

Author : Nigel Blackaby
ISBN : STANFORD:36105134486146
Genre : Law
File Size : 86.3 MB
Format : PDF, ePub, Mobi
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Reviewing the legal context within which international commercial arbitration operates, this text has been updated to reflect recent developments in international law.
Category: Law

Redfern Hunter Law And Practice Of International Commercial Arbitration

Author :
ISBN : OCLC:921045425
Genre : International commercial arbitration
File Size : 56.12 MB
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Text of the treatise Law and Practice of International Commercial Arbitration, Fifth Edition, by Nigel Blackaby, Constantine Partasides, Alan Redfern and Martin Hunter, which covers the process of international commercial arbitration from the drafting of the arbitration agreement to the enforcement of the arbitration tribunal award, including a review of developments in international trade law and the effect of the Model Law on International Commercial Arbitration adopted by the United Nations Commission on International Trade Law (UNCITRAL). Westlaw UK Help - About Books.
Category: International commercial arbitration

Redfern And Hunter On International Arbitration Student Version

Author : Nigel Blackaby
ISBN : 0199557195
Genre : Law
File Size : 50.55 MB
Format : PDF, ePub
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This classic work provides students with a clear and authoritative explanation of the law and practice of international arbitration. Now in its fifth edition, this is an invaluable resource providing practical insight and guidance based on the authors' extensive experience as counsel and arbitrators.
Category: Law

Redfern And Hunter On International Arbitration Student Version

Author : Nigel Blackaby
ISBN : 0199557195
Genre : Law
File Size : 38.56 MB
Format : PDF, ePub, Docs
Download : 275
Read : 778

This classic work provides students with a clear and authoritative explanation of the law and practice of international arbitration. Now in its fifth edition, this is an invaluable resource providing practical insight and guidance based on the authors' extensive experience as counsel and arbitrators.
Category: Law

International Arbitration And International Commercial Law

Author : Eric E. Bergsten
ISBN : 9789041135223
Genre : Law
File Size : 54.71 MB
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Over the last half-century, as UNCITRAL official, professor, arbitrator and father of the Willem C. Vis Arbitration Moot, Eric Bergsten has been at the forefront of progress in international commercial arbitration. Now, on the occasion of his eightieth birthday, the international arbitration and sales law community has gathered to honour him with this substantial collection of new essays on the many facets of the field to which he continues to bring his intellect, integrity, inquisitive nature, eye for detail, precision, and commitment to public service. Celebrating the long-standing and sustained contribution Eric Bergsten has made in international commercial law, international arbitration, and legal education, more than fifty colleagues - among them quite a few of the best-known arbitrators and arbitration academics in the world - present 45 pieces that, individually both engaging and incisive, collectively present a thorough and far-reaching account of the state of the field today, with contributions covering international sales law, commercial law, commercial arbitration, and investment arbitration. In addition, nine essays on issues in legal education mirror the great importance of the renowned Willem C. Vis International Commercial Arbitration Moot, Eric's Vienna project which has offered a life-changing experience for so many young lawyers from all over the world.
Category: Law

Comparative International Commercial Arbitration

Author : Julian D. M. Lew
ISBN : 9789041115683
Genre : Law
File Size : 54.36 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

Arbitration Law Of Korea

Author : Bae, Kim and Lee, LLC
ISBN : 9781933833774
Genre : Law
File Size : 63.35 MB
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The book is an analysis of commercial arbitration law and practice in South Korea, presenting in an accessible, yet comprehensive manner, the country’s arbitration law, the major Korean arbitration institution and its rules, relevant court rulings, etc. It includes a historical and legal overview and discussion of the rise and breadth of the use of commercial arbitration in Korea. Arbitration Law of Korea: Practice and Procedure covers all of the essential topics, including arbitration agreements, arbitral tribunals, arbitral awards, arbitration procedures, enforcement of awards, supportive roles played by the courts, etc. Arbitration Law of Korea: Practice and Procedure is up-to-date with recent amendments to the rules of the Korean Commercial Arbitration Board and also contains: (1) a new and improved, complete translation of the Arbitration Act and (2) both Korean and English versions of the 2011 amendments to the arbitration rules of the Korean Commercial Arbitration Board.
Category: Law

Search For Truth In Arbitration Is Finding The Truth What Dispute Resolution Is About Asa Special Series No 35

Author : Marcus Wirth
ISBN : 9781933833897
Genre : Law
File Size : 71.74 MB
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This volume of the ASA Special Series contains the written version of the presentations given at the ASA 2009 Annual Conference on "The Search for "Truth" in Arbitration: Is finding the Truth what Dispute Resolution is about?" This volume explores the role and the relevance of "truth" in dispute resolution and specifically in commercial arbitration; the different notions of truth in different legal cultures; the users' view in that respect; and the consequences of these different perspectives and approaches for the practice of international arbitration. Part one provides the "philosophical" background to the subsequent discussions of some practical issues from the perspective of the users of arbitration services as well as of the providers of these services, arbitrators and counsel. Next, two practical issues that have for a long time been a hot topic in commercial arbitration practice, cross-examination and document production, are expolored from different perspectives. Finally formalism in arbitral proceedings is discussed – is formalism good or evil? It has been concluded that formal requirements should never be handled in a way that would hinder a tribunal or a court from accomplishing the main task with which it was entrusted either by the parties or by the State: applying the substantive law to the issues before them and finding a just and fair solution to the parties' dispute. The presentations published in this volume of the ASA Special Series will contribute to the discussion of the ever intriguing question "Is Finding the "Truth" what Dispute Resolution is about?"
Category: Law

The Uncitral Arbitration Rules

Author : David D. Caron
ISBN : 9780199696307
Genre : Law
File Size : 89.47 MB
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This article-by-article commentary sheds light on the UN Commission on International Trade Law (UNCITRAL) Rules which govern a wide range of arbitrations, including the Iran-US Claims Tribunal and NAFTA disputes. The new edition takes full account of the revised Rules adopted in 2010 and features many extracts from the most important case law.
Category: Law

Jurisdiction And Judgments In Relation To Eu Competition Law Claims

Author : Mihail Danov
ISBN : 9781847316196
Genre : Law
File Size : 28.3 MB
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This book sets out the way that, through enhanced private antitrust enforcement reform, private international law has a pivotal role in EU competition law disputes with an international element. The author offers a thorough analysis of the post-2003 policy of the EU favouring private law enforcement of EU competition law and its implementation under the existing provisions for jurisdiction and recognition and enforcement of foreign judgments under the Brussels I regime. The book also considers how the jurisdiction, recognition and enforcement of judgments issues are dealt with in England under the common law rules applicable when Brussels I does not apply. The complex private international law problems in respect of cross-border class actions that have arisen in several countries, as well as judgments in relation to antitrust infringements, are also discussed. The author further examines the choice of law issues that may arise before the English courts under Rome I and Rome II. The potential problems regarding jurisdiction of arbitral tribunals and choice of law in arbitral proceedings in relation to EU competition law claims, and the jurisdiction of English courts in proceedings ancillary to arbitration claims, are dealt with accordingly.
Category: Law

The Rational Design Of International Institutions

Author : Barbara Koremenos
ISBN : 1139449125
Genre : Political Science
File Size : 29.38 MB
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International institutions vary widely in terms of key institutional features such as membership, scope, and flexibility. In this 2004 book, Barbara Koremenos, Charles Lipson, and Duncan Snidal argue that this is so because international actors are goal-seeking agents who make specific institutional design choices to solve the particular cooperation problems they face in different issue-areas. Using a Rational Design approach, they explore five features of institutions - membership, scope, centralization, control, and flexibility - and explain their variation in terms of four independent variables that characterize different cooperation problems: distribution, number of actors, enforcement, and uncertainty. The contributors to the volume then evaluate a set of conjectures in specific issue areas ranging from security organizations to trade structures to rules of war to international aviation. Alexander Wendt appraises the entire Rational Design model of evaluating international organizations and the authors respond in a conclusion that sets forth both the advantages and disadvantages of such an approach.
Category: Political Science

International Arbitration And The Permanent Court Of Arbitration

Author : Manuel Indlekofer
ISBN : 9789041147745
Genre : Law
File Size : 79.79 MB
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The modern tendency to restrict international arbitration to matters of commerce and investment is succumbing to a renewed recognition of the original impetus for dispute resolution by arbitration – i.e., matters of public international law, most importantly the settlement of disputes that pose a threat of international conflict. Recent developments suggest a renaissance of public international arbitration, most clearly manifested in the present flourishing of the Permanent Court of Arbitration (PCA), the oldest existing dispute settlement institution in international law. As the calls for the development of new and more appropriate methods for dispute settlement in international law increased during the 1990s, the PCA undertook a structural reform and is today a vital forum for dispute settlement, with scores of arbitrations currently pending under its auspices. This book – the most comprehensive study of the institution to date, covering its history, its present status, and its future prospects – proves the PCA’s contemporary relevance within the international dispute settlement framework. Among aspects of the PCA’s work covered are the following: how public international arbitration functions in comparison to other means available for dispute settlement in international law; the PCA’s historical contributions to the current dispute settlement framework; arbitrations between a state and a non-state actor that are in whole or in part governed by public international law; the fields in which public international arbitration plays a revived role; the PCA’s present-day institutional framework and its current activities; the prospects for public international arbitration and the PCA in the dispute settlement framework of the twenty-first century; and proposals to increase the PCA’s activities in future and to sustain and enhance the institution’s ongoing revitalization. A very useful Practitioner’s Guide provides an overview of the PCA’s various services and the best means of accessing them, along with a summary of the key provisions of the new PCA Arbitration Rules 2012. For lawyers who are involved in dispute resolution proceedings, there can be little doubt about the PCA’s relevance. This book is at once an academic work, indispensable for scholars of the institution, and a practical guide that will be a required addition to the libraries of counsel, arbitrators, and others involved in dispute resolution proceedings conducted at the PCA.
Category: Law

International Commercial Arbitration

Author : Gary Born
ISBN : 9789041127594
Genre : Arbitration agreements, Commercial
File Size : 37.36 MB
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International Commercial Arbitration Third Edition is an authoritative treatise providing the most complete available commentary and analysis on all aspects of the international commercial arbitration process. This completely revised and expanded edition of Gary Born's authoritative work is divided into three main parts, dealing with the International Arbitration Agreement, International Arbitral Procedures and International Arbitral Awards. The Third Edition provides a systematic framework for both current analysis and future developments, as well as exhaustive citations from all leading legal systems. INTERNATIONAL ARBITRATION AGREEMENTS Legal Framework for International Arbitration Agreements International Arbitration Agreements and the Separability Presumption Choice-of-Law Governing International Arbitration Agreements Formation, Validity and Legality of International Arbitration Agreements International Arbitration Agreements and Competence-Competence Effects and Enforcement of International Arbitration Agreements Interpretation of International Arbitration Agreements INTERNATIONAL ARBITRAL PROCEDURES AND PROCEEDINGS Legal Framework for International Arbitral Proceedings Selection, Challenge and Replacement of Arbitrators in International Arbitration Rights and Duties of International Arbitrators Selection of Arbitral Seat in International Arbitration Procedures in International Arbitration Disclosure and Discovery in International Arbitration Provisional Measures in International Arbitration Consolidation, Joinder and Intervention in International Arbitration Choice of Substantive Law in International Arbitration Confidentiality in International Arbitration Legal Representation and Professional Conduct in International Arbitration INTERNATIONAL ARBITRAL AWARDS Legal Framework for International Arbitral Awards Form and Content of International Arbitral Awards Correction, Interpretation and Supplementation of International Arbitral Awards Annulment of International Arbitral Awards Recognition and Enforcement of International Arbitral Awards Preclusion, Lis Pendens and Stare Decisis in International Arbitral Awards
Category: Arbitration agreements, Commercial

The Practice Of Arbitration

Author : Patrick Wautelet
ISBN : 9781782250043
Genre : Law
File Size : 20.98 MB
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This book offers a series of commentaries on noteworthy arbitral awards and court decisions on arbitration. All contributions focus on the practice of arbitration. Influential authors with proven arbitration experience share their insights on celebrated and less well-known cases, drawn from various countries, various arbitration institutions and including both commercial and investment arbitration. This collection of essays celebrates the work and scholarship of Hans van Houtte, who has been a professor of international commercial arbitration at the University of Leuven for more than 20 years. In addition to his widely -praised contribution to the theory of arbitration, Professor Van Houtte has built a long career in the practice of arbitration, presiding over a vast array of arbitral tribunals and holding appointments to international tribunals, most recently as president of the Iran-US Claims Tribunal. Hans van Houtte has always been concerned with the practical usefulness of scholarly writings, and this book respects this approach. This volume will prove essential for all arbitration practitioners and will also be of great interest also to academics and research students with an interest in international arbitration.
Category: Law

Leading Arbitrators Guide To International Arbitration Third Edition

Author : Lawrence W. Newman
ISBN : 9781937518332
Genre : Law
File Size : 30.42 MB
Format : PDF
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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.
Category: Law

The Dis Arbitration Rules

Author : Gustav Flecke-Giammarco
ISBN : 9789041190239
Genre : Law
File Size : 55.2 MB
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The new arbitration rules of the German Arbitration Institute (Rules) entered into force on 1 March 2018. Drafted over an intense period of eighteen months by a committee of globally recognized experts with the active participation of nearly 300 arbitration practitioners, the Rules stand poised to attract parties seeking dispute resolution not only in Germany but also internationally. This extraordinary book, written by the drafters themselves, with more than 550 pages of comprehensive article-by-article commentary, is filled with practical insights and recommendations regarding the application of the Rules. Each provision of the new Rules is given its own chapter, in which the following issues and topics are examined in depth for the specific rule under analysis: use of the provision in practice; modifications from the corresponding provision in the 1998 Rules; relationship to the relevant sections of the German Code of Civil Procedure; comparison with relevant regulations and practices in German State court proceedings; detailed expert commentary, including analysis of case law and legal scholarship; DIS practice concerning the application of the provision; and comparison with similar provisions in other arbitration rules. An annex contains an extensive collection of reference materials, including forms, schedule of costs and texts of various international arbitration documents. The authors and editors have vast experience as counsel and arbitrators in proceedings conducted under the auspices of the DIS and other arbitral institutions. Their intimate familiarity with all aspects of DIS case administration is of immeasurable value to all stakeholders in arbitral proceedings. A genuine user’s guide, the book explains how the new Rules are likely to be applied in practice by the arbitral institution, arbitrators and parties. Its practical tips regarding the effective conduct of DIS arbitrations elucidate best practices for counsel and arbitrators and make DIS’ day-to-day case management and decision-making processes more transparent and predictable for users of all levels of experience and expertise.
Category: Law

Aaa Handbook On International Arbitration And Adr Second Edition

Author : American Arbitration Association
ISBN : 9781933833484
Genre : Law
File Size : 52.28 MB
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Assembled from Dispute Resolution Journal - the flagship publication of the American Arbitration Association - the chapters in the Handbook have all, where necessary, been revised and updated prior to publication. The book is succinct, comprehensive and a practical introduction to the use of arbitration and ADR, written by leading practitioners and scholars. The Handbook contains valuable guidance on international commercial arbitration, including the management of arbitration disputes, how to select an international arbitral institution, an explanation of the effect of international public policy, the duties of arbitrators, the presentation and evaluation of evidence in international arbitration, and how to arbitrate against a state sovereign. The enforcement of international arbitral awards is explored, including interim relief and problems with enforcement, the New York Convention, parallel proceedings, and pivotal decisions such as Chromalloy and TermoRio. International mediation is also examined, including guidelines for selecting the best mediator for an international dispute, the power of mediation to resolve international commercial disputes, and the differences in U.S. and European approaches. Lastly, the section on investment and trade arbitration and mediation explores bilateral investment treaties, examines WTO arbitration procedures, offers advice on saving time and money in cross-border commercial disputes, and provides guidance for U.S. investors to follow in dealing with sovereign states. The chapters in the Handbook were selected from an extensive body of writings and, in the main, represent world-class assessments of arbitration and ADR practice. All the major facets of the field are addressed and provide the reader with comprehensive and accurate information, lucid evaluations, and an indication of future developments. They not only acquaint, but also ground the reader in the field.
Category: Law