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Author : Karl-Heinz Böckstiegel
Publisher :
ISBN 13 : 9783452237590
Total Pages : 301 pages
Book Rating : 4.2/5 (375 download)
Download or read book Acts of State and Arbitration written by Karl-Heinz Böckstiegel and published by . This book was released on 1997 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Shaheeza Lalani
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004282254
Total Pages : 506 pages
Book Rating : 4.0/5 (42 download)
Download or read book The Role of the State in Investor-State Arbitration written by Shaheeza Lalani and published by Martinus Nijhoff Publishers. This book was released on 2014-11-21 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt: Edited by Shaheeza Lalani and Rodrigo Polanco Lazo, The Role of the State in Investor-State Arbitration is a collection of edited contributions by lawyers, arbitrators and political scientists on the development of the concept of the “State” in a field that currently presents an increasing number of controversial disputes: Investor-State Arbitration.
Author : Gilles Cuniberti
Publisher : Edward Elgar Publishing
ISBN 13 : 178811034X
Total Pages : 627 pages
Book Rating : 4.7/5 (881 download)
Download or read book The UNCITRAL Model Law on International Commercial Arbitration written by Gilles Cuniberti and published by Edward Elgar Publishing. This book was released on 2022-11-15 with total page 627 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Commentary provides rich and detailed analysis both of the provisions of the UNCITRAL Model Law on International Commercial Arbitration (the Model Law), and of its implementation, including a comparative account of the operation of the Model Law in the numerous jurisdictions which have adopted it throughout the world.
Author : Berk Demirkol
Publisher : Cambridge University Press
ISBN 13 : 1108195954
Total Pages : 292 pages
Book Rating : 4.1/5 (81 download)
Download or read book Judicial Acts and Investment Treaty Arbitration written by Berk Demirkol and published by Cambridge University Press. This book was released on 2018-01-11 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial acts of states are becoming increasingly subjected to international investment claims. This book focuses on distinctive particularities of these claims. Although there are no special responsibility regimes for different functions of the state, the application of investment treaty standards and the threshold for their breach may vary depending on the function involved. Accordingly, in order for the state to incur responsibility for a wrongful act committed in the exercise of its judicial function, there are some specific conditions that should be met: the investor must establish that the state is responsible for a breach attributable to the state; the investment tribunal has jurisdiction over the particular dispute; and the damage that the investor has suffered is a result of the particular breach. Berk Demirkol addresses questions in relation to the substance, jurisdiction, admissibility, and remedies in cases where state responsibility arises from a wrongful judicial act.
Author : W. Reece Bader
Publisher : Juris Publishing, Inc.
ISBN 13 : 1929446314
Total Pages : 1162 pages
Book Rating : 4.9/5 (294 download)
Download or read book Securities Arbitration: Practice and Forms written by W. Reece Bader and published by Juris Publishing, Inc.. This book was released on 2013-12-01 with total page 1162 pages. Available in PDF, EPUB and Kindle. Book excerpt: Securities Arbitration: Practice and Forms is the leading start-to-finish guide and reference to the entire arbitration process for all types of participants, including public investors and their counsel, representatives of brokerage firms and other financial institutions (including inside counsel, outside counsel, and compliance directors and their staffs), members of the staffs of sponsoring organizations, and arbitrators themselves. This publication is an efficient tool that can be readily used by all participants at every stage in the arbitration process to deal with the various issues, questions and problems that arise in such proceedings. It has been written as a comprehensive text with special emphasis on practice and procedure. The features include checklists, sample forms and pleadings and other practice aids, as well as, where possible, practical advice from the author, found throughout the text and on the accompanying CD-ROM. Securities Arbitration: Practice and Forms is a required reference and guide for all those involved, or potentially involved, in the Securities Arbitration process All of the accompanying sample pleadings and forms are included on a CD-ROM in PDF
Author : Frédéric Gilles Sourgens
Publisher : Hotei Publishing
ISBN 13 : 9004288201
Total Pages : 426 pages
Book Rating : 4.0/5 (42 download)
Download or read book A Nascent Common Law written by Frédéric Gilles Sourgens and published by Hotei Publishing. This book was released on 2014-12-19 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt: In A Nascent Common Law, Frédéric Gilles Sourgens offers an account of the theoretical underpinnings of investor-state arbitration, a key growth field of international and transnational law.
Author : Gary Born
Publisher : BRILL
ISBN 13 : 900450222X
Total Pages : 1171 pages
Book Rating : 4.0/5 (45 download)
Download or read book International Commercial Arbitration: Commentary and Materials written by Gary Born and published by BRILL. This book was released on 2021-11-15 with total page 1171 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Commercial Arbitration contains detailed commentary, case analyses, and practice pointers. Full annotations and footnotes provide invaluable research assistance, while clearly-written analyses identify and discuss critical issues. Representative international arbitral awards and national court decisions are excerpted, and detailed reference is made to leading institutional rules. Detailed appendices, an easy-to-use Table of Contents, and an extensive index to aid research and provide ready access to key materials. Co-publication with Kluwer Law International. North American sales rights only. Published under the Transnational Publishers imprint. For class adoption a student edition is available for
Author : Gebhard Bücheler
Publisher : OUP Oxford
ISBN 13 : 0191036323
Total Pages : 320 pages
Book Rating : 4.1/5 (91 download)
Download or read book Proportionality in Investor-State Arbitration written by Gebhard Bücheler and published by OUP Oxford. This book was released on 2015-06-11 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: While international investment law is one of the most dynamic and thriving fields of international law, it is increasingly criticized for failing to strike a fair balance between private property rights and the public interest. Proportionality is a tool to resolve conflicts between competing rights and interests. This book assesses its current role, its potential, and its limits in investor-State arbitration. Proportionality is often lauded for reconciling colliding interests. This book identifies three factors arbitrators should consider before engaging in a proportionality analysis: the rule of law, the risk of judicial law-making, and the availability of a value system that guides the proportionality analysis. Apart from making suggestions when arbitrators should apply proportionality and when not to, the book outlines what States can do to recalibrate the balance between private property rights and the public interest if they wish to do so without dismantling the current system of investor-State arbitration. Proportionality in Investor-State Arbitration considers whether and to what extent the notion of general principles of law within the meaning of Article 38(1)(c) of the ICJ Statute and the concept of systemic integration enshrined in Article 31(3)(c) of the Vienna Convention on the Law of Treaties provides a valid legal foundation for applying proportionality in investor-State arbitration.
Author : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Improvements in Judicial Machinery
Publisher :
ISBN 13 :
Total Pages : 172 pages
Book Rating : 4.0/5 (13 download)
Download or read book The Court-annexed Arbitration Act of 1978 written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Improvements in Judicial Machinery and published by . This book was released on 1978 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Stephen K. Huber
Publisher : Juris Publishing, Inc.
ISBN 13 : 1933833815
Total Pages : 444 pages
Book Rating : 4.9/5 (338 download)
Download or read book AAA Yearbook on Arbitration and the Law - 23rd Edition written by Stephen K. Huber and published by Juris Publishing, Inc.. This book was released on 2011-08-01 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: For this work, editors Stephen K. Huber and Ben H. Sheppard, Jr. and the University of Houston Law Center collaborate with the American Arbitration Association (AAA), to revive the tradition of publishing an annual survey of important developments in arbitration and the law. Initially published as the "AAA General Counsel's Annual Report" and later as "ADR & the Law," the annual survey has not been published since 2007. The Yearbook will once again be produced on an annual basis. The AAA Yearbook on Arbitration and the Law provides arbitrators and busy practitioners a practical, relevant and readily accessible resource, organized into two parts: Part One contains digests of important decisions of the United States Supreme Court, the United States Court of Appeals and state supreme courts. This volume includes digests of selected judicial decisions from 2007 through 2009, and is current through October 1, 2010. The book contains 130 case digests, together with citations and descriptive cross-references to more than 400 related decisions. Recognizing the important role of arbitration in the global economy, there is a separate chapter containing digests and cross-references to cases dealing with the unique issues presented in international arbitrations. Part Two consists of articles that address a wide range of timely and important arbitration topics, including a comprehensive report on the extraordinary range of services that the AAA provides and a detailed overview of the international activities of the AAA/ICDR, including a report on the successful implementation of the ICDR's pre-arbitral emergency arbitrator procedure, the first such procedure to be adopted by any arbitral institution as a standard part of its rules. Other articles address some of the hottest topics in domestic and international arbitration, such as a survey on the status of "manifest disregard of the law" as a basis to vacate an arbitral award; arbitral cost allocation decisions and whether guidelines should accompany arbitral discretion; a tenth anniversary reflection on experience under The Revised Uniform Arbitration Act; problems posed by arbitrator disclosure and implications of a duty to investigate; whether a private international arbitration falls within "foreign or international" tribunal under 28 U.S.C. Section 1782; and several timely practice pointers for parties seeking discovery in aid of arbitration. The AAA Yearbook re-establishes itself as the preeminent annual yearbook on Arbitration and Dispute Resolution in the United States. It is a required and necessary reference work for all who wish to stay on top of the latest trends, developments , cases and guidelines – accompanied by expert commentary and analysis – in Arbitration and Dispute Resolution.
Author : Robert Merkin
Publisher : Taylor & Francis
ISBN 13 : 1317433645
Total Pages : 1769 pages
Book Rating : 4.3/5 (174 download)
Download or read book Merkin and Flannery on the Arbitration Act 1996 written by Robert Merkin and published by Taylor & Francis. This book was released on 2019-11-21 with total page 1769 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an essential resource for anybody involved in arbitration. It is an updated section-by-section commentary on the Arbitration Act 1996, split into a separate set of notes for each section, and subdivided into the relevant issues within that section. It contains elements of international comparative law, citing authorities from many other common law and civil law jurisdictions. Beyond the development of law since the last edition, this sixth edition contains new practical features to aid the reader. Each section now has a new contents table, with each separate topic set out clearly and in a logical order, which acts as reminder for the reader. Further, each separate topic now has a specific individual reference, and the topics are grouped in a more systematic and logical way within each section, to improve readability. The book is primarily aimed at practitioners of arbitration both in the UK and abroad, including solicitors, barristers, arbitrators and judges who are involved in the practice of arbitration (whether domestic or international). It is also aimed at UK and international students of international arbitration, especially in relation to the sections with comparative legal analysis and comprehensive discussions on the interaction between the Arbitration Act 1996 and institutional arbitration rules. Erratum: The authors regret that the new version of the LCIA Rules will not now be published (or be applicable) until early 2020, due to unexpected circumstances. It is understood that those Articles referred to in the text as the 2019 Rules will remain unchanged, albeit that the Rules when in force should be and will be cited as the 2020 LCIA Rules. The authors accept responsibility for and apologise for this error.
Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on Commercial and Administrative Law
Publisher :
ISBN 13 :
Total Pages : 408 pages
Book Rating : 4.0/5 ( download)
Download or read book Arbitration Fairness Act of 2007 written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Commercial and Administrative Law and published by . This book was released on 2009 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Emilia Onyema
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041190430
Total Pages : 450 pages
Book Rating : 4.0/5 (411 download)
Download or read book Rethinking the Role of African National Courts in Arbitration written by Emilia Onyema and published by Kluwer Law International B.V.. This book was released on 2018-06-07 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the increase in commercial transactions within the fifty-four independent African states and at the international level, it has become apparent that most of the legal framework for arbitration across the continent require reform. Accordingly, in recent years, as this first in-depth treatment of arbitration in Africa shows, jurisprudence from national courts of various African jurisdictions demonstrates that the courts are becoming more pro-arbitration and judges increasingly better understand that their role is to support or complement the arbitral process. This book documents the second SOAS Arbitration in Africa conference held in Lagos in June 2016. In thirteen lucid chapters, African practitioners and academics and European specialists in African legal and arbitral systems provide a remarkably thorough overview of the relation of courts and arbitration in the continent. Among the matters that arise for discussion are the: • disposition of courts in Africa towards arbitration, whether supportive or interventionist; • involvement of courts in the arbitral process before, during, and after an award has been rendered; • publication and access to arbitration-related decisions from African courts; • enforcement of annulled awards in African states under the New York Convention; • prospects for the establishment of a pan-African investment court; and • how foreign courts (particularly in the United States, France, and Switzerland) perceive African arbitration. Because of the wide range of developmental stages among Africa’s numerous court and legal systems, Part I of the book explores generic issues relevant to courts and arbitration, followed by detailed descriptions, including court decisions, of the situation in eight specific jurisdictions – Egypt, South Africa, Sudan, Mauritius, Nigeria, Ghana, Rwanda, and Kenya. The authors of these latter chapters are legal practitioners and academics from each of these countries. Throughout this book, policy recommendations for improving access to court decisions and laws in African states are brought to the fore. In its expertise-based advocacy for a mutually harmonious and supportive co-existence for arbitration and litigation in the context of the complexities and peculiarities of African states – and its confrontation of the predominantly negative perception that often leads to ‘arbitration flight’ from the continent – this book helps companies, investors, and their advisors to base their decisions on facts and not perceptions. It will be of great value to practising lawyers in arbitration as counsel or arbitrators, companies doing transnational business, global law firms, government officials, and academics in the field.
Author : United States. Supreme Court
Publisher :
ISBN 13 :
Total Pages : 1068 pages
Book Rating : 4.3/5 (129 download)
Download or read book United States Reports written by United States. Supreme Court and published by . This book was released on 1987 with total page 1068 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : United States. Department of Commerce. Task Force on Product Liability and Accident Compensation
Publisher :
ISBN 13 :
Total Pages : 52 pages
Book Rating : 4.:/5 (2 download)
Download or read book Uniform Product Liability Act written by United States. Department of Commerce. Task Force on Product Liability and Accident Compensation and published by . This book was released on 1979 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Alec Stone Sweet
Publisher : Oxford University Press
ISBN 13 : 0198739729
Total Pages : 273 pages
Book Rating : 4.1/5 (987 download)
Download or read book The Evolution of International Arbitration written by Alec Stone Sweet and published by Oxford University Press. This book was released on 2017 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book charts and assesses the extent to which the major arbitration houses, including the International Chamber of Commerce and the International Centre for the Settlement of Investment Disputes, are evolving governance functions that would normally be associated with state courts.
Author : Sean D. Murphy
Publisher : Cambridge University Press
ISBN 13 : 9781139435321
Total Pages : 546 pages
Book Rating : 4.4/5 (353 download)
Download or read book United States Practice in International Law: Volume 1, 1999–2001 written by Sean D. Murphy and published by Cambridge University Press. This book was released on 2003-01-09 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sean D. Murphy's wide-ranging and in-depth 2002 survey of U.S. practice in international law in the period 1999–2001 draws upon the statements and actions of the executive, legislative and judicial branches of the U.S. government to examine its involvement across a range of areas. These areas include diplomatic and consular relations, jurisdiction and immunities, state responsibility and liability, international organizations, international economic law, human rights, and international criminal law. At the time of its first publication this summary of the most salient issues was a central resource on U.S. practice in international law. The volume contains extracts from hard-to-find documents, generous citations to relevant sources, tables of cases and treaties, and a detailed index. Revealing international law in the making, this essential tool for researchers and practitioners was the first in a series of books capturing the international law practice of a global player.
