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Arbitral Tribunal Of Interpretation
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Book Synopsis Award of the Arbitral Tribunal of Interpretation on March 24, 1926 by : Arbitral Tribunal of Interpretation of the Dawes Plan
Download or read book Award of the Arbitral Tribunal of Interpretation on March 24, 1926 written by Arbitral Tribunal of Interpretation of the Dawes Plan and published by . This book was released on with total page 9 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Interpretation, Revision and Other Recourse from International Judgments and Awards by : Shabtai Rosenne
Download or read book Interpretation, Revision and Other Recourse from International Judgments and Awards written by Shabtai Rosenne and published by BRILL. This book was released on 2007-08-30 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although there had been a few cases of the interpretation of judgments of the Permanent Court of International Justice and the International Court of Justice, it was not until the mid-1980s that serious judicial discussion of the related problems of the interpretation and revision by the International Court of one of its own judgments came before the Court. Similar cases have also arisen in international arbitration proceedings between States. Interpretation, revision, and other forms of ‘reference’ to the International Court from some other international body, court or arbitral tribunal have produced a complex pattern of black letter texts supplemented by an even more complex set of judge made rules and practices. The close tie between the final decision and the highly political context of the obligation to comply with it produces a continuing tension between the finality of the decision and any one of the possible references in recourse from it. If any tendency can be discerned from the relevant materials it is in the strong preference for maintaining the integrity and the authority of the res judicata, provided that no obvious miscarriage of justice is engendered. Interpretation is preferable to revision. This book is the first in the series International Litigation in Practice. The series will consist of short, concise, practical booklets to be of use for practitioners pleading before international courts and tribunals, and everyone else involved and / or interested in the activities of these courts.
Book Synopsis Contract Interpretation in Investment Treaty Arbitration by : Yuliya Chernykh
Download or read book Contract Interpretation in Investment Treaty Arbitration written by Yuliya Chernykh and published by International Litigation in Press. This book was released on 2022 with total page 632 pages. Available in PDF, EPUB and Kindle. Book excerpt: "As the book clearly explains, there are situations in which questions of contract law need to be examined by investment tribunals - mainly as preliminary or incidental questions, to determine issues such as contract liability or breach of contract, that in turn are assumed as a basis for the issues of investment law in dispute"--
Book Synopsis Legal Interpretation in International Commercial Arbitration by : Dr Joanna Jemielniak
Download or read book Legal Interpretation in International Commercial Arbitration written by Dr Joanna Jemielniak and published by Ashgate Publishing, Ltd.. This book was released on 2014-02-12 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book fills a gap in legal academic study and practice in International Commercial Arbitration 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. The book also includes comparative examinations of existing legal framework and case law which reflect the international nature of the subject.
Book Synopsis Legal Interpretation in International Commercial Arbitration by : Joanna Jemielniak
Download or read book Legal Interpretation in International Commercial Arbitration written by Joanna Jemielniak and published by Routledge. This book was released on 2016-04-22 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Treaty Interpretation in Investment Arbitration by : J Romesh Weeramantry
Download or read book Treaty Interpretation in Investment Arbitration written by J Romesh Weeramantry and published by OUP Oxford. This book was released on 2012-03-08 with total page 1343 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rise of investment arbitration in the last decade has generated an unprecedented body of arbitral case law. The work of these arbitral tribunals has provided scholars and practitioners with public international law jurisprudence, including materials on treaty interpretation which has not yet been thoroughly analysed. This book evaluates the contribution of investment arbitration treaty interpretation jurisprudence to international law, covering all key aspects of treaty interpretation. Included in the book's coverage are awards which feature in prominent discussions or in applications of treaty interpretation rules. Among the significant portion of arbitral awards analysed, which deal with investment treaties, are ICSID awards, ad hoc investment arbitration awards, NAFTA awards, and Energy Charter Treaty awards. The extensive analysis of investment arbitration awards and decisions has also been used to create a table highlighting both the references to principles of treaty interpretation and instances in which they were rejected. This invaluable insight into the practice of investment tribunals will be of interest to both practitioners and academics alike. Foreword by by Professor Michael Reisman, Yale Law School _
Book Synopsis Arbitral Tribunal of Interpretation Award by :
Download or read book Arbitral Tribunal of Interpretation Award written by and published by . This book was released on 1933 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Function of Equity in International Law by : Catharine Titi
Download or read book The Function of Equity in International Law written by Catharine Titi and published by Oxford University Press. This book was released on 2021 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on a large and varied body of judicial and arbitral case law, this book provides a comprehensive, original, and up-to-date account of the role of equity in international law.
Book Synopsis In Arbitration Before the Arbitral Tribunal of Interpretation Created Under the Provisions of Annex II to the London Agreement of August 9, 1924, Between the Reparation Commission and the German Government, in the Matter of the Question Comprised in the Submission to Arbitration of the 25 March 1926 by : Arbitral Tribunal of Interpretation
Download or read book In Arbitration Before the Arbitral Tribunal of Interpretation Created Under the Provisions of Annex II to the London Agreement of August 9, 1924, Between the Reparation Commission and the German Government, in the Matter of the Question Comprised in the Submission to Arbitration of the 25 March 1926 written by Arbitral Tribunal of Interpretation and published by . This book was released on 1927 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The International Minimum Standard and Fair and Equitable Treatment by : Martins Paparinskis
Download or read book The International Minimum Standard and Fair and Equitable Treatment written by Martins Paparinskis and published by Oxford University Press. This book was released on 2013-01-31 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investment protection treaties generally include, in one form or another, the obligation to treat investments fairly and equitably. This book examines the relationship between this obligation and the minimum standard that can be found in customary international law, tracing the history of both concepts, their differences and similarities.
Book Synopsis In Arbitration Before the Arbitral Tribunal of Interpretation by : Arbitral Tribunal of Interpretation
Download or read book In Arbitration Before the Arbitral Tribunal of Interpretation written by Arbitral Tribunal of Interpretation and published by . This book was released on 1926 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Arbitral Tribunal of Interpretation Created Under the Provisions of Annex II to the London Agreement of Aug. 9, 1924 by : Arbitral Tribunal of Interpretation of the Dawes Plan
Download or read book Arbitral Tribunal of Interpretation Created Under the Provisions of Annex II to the London Agreement of Aug. 9, 1924 written by Arbitral Tribunal of Interpretation of the Dawes Plan and published by . This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Interpretations of the United Nations Convention on the Law of the Sea by International Courts and Tribunals by : Angela Del Vecchio
Download or read book Interpretations of the United Nations Convention on the Law of the Sea by International Courts and Tribunals written by Angela Del Vecchio and published by Springer. This book was released on 2019-04-25 with total page 437 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses current developments concerning the interpretation of the United Nations Convention on the Law of the Sea (UNCLOS) on the part of international courts and tribunals. It does so from different perspectives, by focusing on the jurisprudence of international and regional bodies, such as the International Court of Justice (ICJ), the International Tribunal for the Law of the Sea (ITLOS), the European Court of Justice (ECJ) and the European Court of Human Rights (ECtHR), as well as international arbitral tribunals and the World Trade Organization (WTO) Dispute Settlement Body. The various contributions offer in-depth analyses of issues ranging from the interaction between the sources of the International Law of the Sea, to various substantial, procedural and institutional aspects of the regulatory framework established by UNCLOS. The book also focuses on the reference by international courts and tribunals, in Law of the Sea cases, to both general principles and rules concerning interpretation codified in the Vienna Conventions on the Law of Treaties.
Book Synopsis In Arbitration Before the Arbitral Tribunal of Interpretation Created Under the Provisions of Annex II to the London Agreement of August 9, 1924, Between the Reparation Commission and the German Government in the Matter of the Questions Comprised in the Submission to Arbitration of the 8 September 1927, Between the Reparation Commission and the German Government by : Arbitral Tribunal of Interpretation
Download or read book In Arbitration Before the Arbitral Tribunal of Interpretation Created Under the Provisions of Annex II to the London Agreement of August 9, 1924, Between the Reparation Commission and the German Government in the Matter of the Questions Comprised in the Submission to Arbitration of the 8 September 1927, Between the Reparation Commission and the German Government written by Arbitral Tribunal of Interpretation and published by . This book was released on 1928 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Recognition and Enforcement of Foreign Arbitral Awards by : George A. Bermann
Download or read book Recognition and Enforcement of Foreign Arbitral Awards written by George A. Bermann and published by Springer. This book was released on 2017-07-17 with total page 1096 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, commonly known as The New York Convention, has been understood and applied in [insert number] jurisdictions, including virtually all that are leading international arbitration centers. It begins with a general report surveying and synthesizing national responses to a large number of critical issues in the Convention’s interpretation and application. It is followed by national reports, all of which are organized in accordance with a common questionnaire raising these critical issues. Following introductory remarks, each report addresses the following aspects of the Convention which include its basic implementation within the national legal system; enforcement by local courts of agreements to arbitrate (including grounds for withholding enforcement), recognition and enforcement of foreign awards by local courts under the Convention (including grounds for denying recognition and enforcement), and essential procedural issues in the courts’ conduct of recognition and enforcement. Each report concludes with an overall assessment of the Convention’s interpretation and application on national territory and recommendations, if any, for reform. The New York Convention was intended to enhance the workings of the international arbitral system, primarily by ensuring that arbitral awards are readily recognizable and enforceable in States other than the State in which they are rendered, subject of course to certain safeguards reflected by the Convention’s limited grounds for denying recognition or enforcement. It secondarily binds signatory states to enforce the arbitration agreements on the basis of which awards under the Convention will be rendered. Despite its exceptionally wide adoption and its broad coverage, the New York Convention depends for its efficacy on the conduct of national actors, and national courts in particular. Depending on the view of international law prevailing in a given State, the Convention may require statutory implementation at the national level. Beyond that, the Convention requires of national courts an apt understanding of the principles and policies that underlie the Convention’s various provisions. Through its in-depth coverage of the understandings of the Convention that prevail across national legal systems, the book gives practitioners and scholars a much-improved appreciation of the New York Convention “on the ground.”
Book Synopsis The Interpretation and Uniformity of the UNCITRAL Model Law on International Commercial Arbitration by : Dean Lewis
Download or read book The Interpretation and Uniformity of the UNCITRAL Model Law on International Commercial Arbitration written by Dean Lewis and published by Kluwer Law International B.V.. This book was released on 2016-03-22 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Contract Interpretation in Investment Treaty Arbitration by : Yuliya Chernykh
Download or read book Contract Interpretation in Investment Treaty Arbitration written by Yuliya Chernykh and published by BRILL. This book was released on 2022-01-17 with total page 629 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contracts are relevant, frequently central, for a significant number of investment disputes. Yet, the way tribunals ascertain their content remains largely underexplored. How do tribunals interpret contracts in investment treaty arbitration? How should they interpret contracts? Does national law have any role to play? Contract Interpretation in Investment Treaty Arbitration: A Theory of the Incidental Issue addresses these questions. The monograph offers a valuable insight into the practice and theory of contract interpretation in investment treaty arbitration. By proposing a theoretical frame for seamless integration of contract interpretation into the overall structure of decision-making, the book contributes to predictability, coherence, sufficiency and correctness of the tribunals’ interpretative practices in investment treaty arbitration.
