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Arbitration A New Direction
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Book Synopsis French Arbitration Law and Practice by : Jean-Louis Delvolvé
Download or read book French Arbitration Law and Practice written by Jean-Louis Delvolvé and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: Previous edition, 1st, published in 2003.
Book Synopsis International Arbitration and the COVID-19 Revolution by : Maxi Scherer
Download or read book International Arbitration and the COVID-19 Revolution written by Maxi Scherer and published by Kluwer Law International B.V.. This book was released on 2020-11-17 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Arbitration and the COVID-19 Revolution Edited by Maxi Scherer, Niuscha Bassiri & Mohamed S. Abdel Wahab The impact of the COVID-19 pandemic on all major economic sectors and industries has triggered profound and systemic changes in international arbitration. Moreover, the fact that entire proceedings are now being conducted remotely constitutes so significant a deviation from the norm as to warrant the designation ‘revolution’. This timely book is the first to describe and analyse how the COVID-19 crisis has redefined arbitral practice, with critical appraisal from well-known practitioners of the pandemic’s effects on substantive and procedural aspects from the commencement of proceedings until the enforcement of the award. With practical guidance from a variety of perspectives – legal, practical, and sector-specific – on the conduct of international arbitration during the COVID-19 pandemic and beyond, the chapters present leading practitioners’ insights into the unprecedented and multifaceted issues that arise. They provide expert tips and challenges in such practical matters as the following: preventing and resolving disputes of particular types – construction, energy, aviation, technology, media and telecommunication, finance and insurance; arbitrator appointments; issues of planning, preparation and sample procedural orders; witness preparation and cross-examination; e-signature of arbitral awards; setting aside and enforcement proceedings; and third-party funding. Also included are an empirical survey of users’ views and an overview of how the COVID-19 revolution has affected the arbitration rules of leading arbitral seats. With this timely and practical book, arbitration practitioners and scholars will gain up-to-date knowledge of sector-specific challenges brought about by the COVID-19 pandemic and approach arbitration proceedings with an understanding of the most important legal and practical considerations during the crisis and beyond.
Book Synopsis Arbitration Advocacy in Changing Times by : A. J. van den Berg
Download or read book Arbitration Advocacy in Changing Times written by A. J. van den Berg and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: Advocacy in international arbitration is the focus of this collection of articles emanating from the twentieth Congress of the International Council for Commercial Arbitration (ICCA) held in Rio de Janeiro in 2010. The topics addressed by renowned arbitration practitioners and scholars include: effective advocacy in arbitration; the advocate's role at different stages of arbitration proceedings; the role of experts; arbitration advocacy and Constitutional law; and advocacy and ethics in international arbitration. The volume also contains a new approach to expert evidence - the Protocol on Expert Teaming - and closes with a proposal for an International Code of Ethics for Lawyers Practicing Before International Arbitral Tribunals.
Book Synopsis The Idea of Arbitration by : Jan Paulsson
Download or read book The Idea of Arbitration written by Jan Paulsson and published by . This book was released on 2013-11 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing a theoretical examination of the concept of arbitration, this book explores the place of arbitration in the legal process and examines the ethical challenges to arbitral authority and its moral hazards.
Book Synopsis A Guide to the SCC Arbitration Rules by : Jakob Ragnwaldh
Download or read book A Guide to the SCC Arbitration Rules written by Jakob Ragnwaldh and published by Kluwer Law International B.V.. This book was released on 2019-12-11 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Stockholm Chamber of Commerce (SCC) is one of the world’s leading arbitral institutions, registering about 200 new cases each year, approximately half of them being international cases in commercial and investment treaty disputes. True to the SCC tradition of offering a cost-efficient and flexible procedure, the SCC’s current Arbitration Rules, which came into force in 2017, introduced important new mechanisms enhancing the efficiency of the proceedings. This guide to the SCC Arbitration Rules, the first and only available commentary in English, addresses the Rules and their appendices article by article in the order in which they appear in the Rules. Focusing primarily on how the Rules are applied in practice, the authors bring together their combined extensive experience of conducting SCC arbitrations as counsel, arbitrators and members of the SCC Board and Secretariat, to provide thorough and user-friendly guidance on the SCC proceedings from start to finish, including the new features introduced in 2017 such as summary procedure, joinder and multiple-contract arbitrations, as well as the new appendix addressing certain aspects specific to investment treaty arbitration. Covering all the general issues such as appointment and removal of arbitrators, the proceedings before the arbitral tribunal, making of awards and decisions, the following issues are also addressed: emergency arbitrator proceedings; consolidation of cases; the appointment of an administrative secretary; particular characteristics of investment treaty disputes; and costs of the arbitration. This guide is sure to appeal to arbitrators, external counsel and party representatives who choose to adopt the SCC Arbitration Rules, whether they are based in Sweden or elsewhere. Practitioners will confidently approach any case under the SCC Arbitration Rules with full awareness of applicable rules of procedure and practice.
Book Synopsis International Arbitration by : Gary B. Born
Download or read book International Arbitration written by Gary B. Born and published by Aspen Publishing. This book was released on 2015-03-12 with total page 1749 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important casebook is based upon one of the leading books in the field Born's treatise, International Commercial Arbitration. It offers a comprehensive approach to international commercial arbitration (focused on the New York Convention and UNCITRAL Model Law), while providing comparative examples drawn from state-to-state and investment arbitration. An easy-to-use chronological structure follows the course of an international arbitration. Features: Thoroughly revised to reflect amendments to UNCITRAL Rules, ICC Rules and other institutional arbitration rules New sections addressing IBA Guidelines on Party Representation in International Arbitration Revised to reflect amendments to representative national arbitration legislation in France, Singapore and elsewhere Streamlined excerpts of cases and awards; added excerpts of new arbitral awards on selected topics.
Book Synopsis Jurisdiction, Admissibility and Choice of Law in International Arbitration: Liber Amicorum Michael Pryles by : Neil Kaplan
Download or read book Jurisdiction, Admissibility and Choice of Law in International Arbitration: Liber Amicorum Michael Pryles written by Neil Kaplan and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt: The distinguished international lawyer Michael Pryles, who launched a meteoric career as an arbitrator after many years of teaching and writing on conflicts of law and other topics, has made a mark on arbitral law and practice that is recognized worldwide. In this book, over forty prominent arbitrators and arbitration scholars offer insightful essays on the thorny matters of jurisdiction, admissibility and choice of law in arbitration – topics which have long interested Professor Pryles and are of wide interest. Among the specific issues and topics examined are the following: • res judicata; • investment arbitration; • free trade agreements; • party autonomy; • application of provisional measures; • issue estoppel; • evidentiary inferences; • interim measures; • emergency and default proceedings; • the intersection of financing and jurisdiction; • consolidation of cases; and • non-contractual claims. Remarkable for its roster of highly distinguished contributors, this book is the only in-depth treatment of its subject. By turns thought-provoking and practical, it is bound to appeal to and be put to use by arbitrators and other lawyers who handle international cases. It will also prove of great value to global law firms and companies doing transnational business.
Book Synopsis Experiencing International Arbitration by : MICHAEL D.. SOURGENS NOLAN (FREDERIC G.)
Download or read book Experiencing International Arbitration written by MICHAEL D.. SOURGENS NOLAN (FREDERIC G.) and published by West Academic Publishing. This book was released on 2020-07-10 with total page 816 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book is the first of its kind in seeking to make students "practice ready" for representing parties in international arbitrations. It covers the full scope of the role of arbitration counsel in advising clients, from drafting arbitration clauses to representing clients in arbitrations to prosecuting and defending court actions at the enforcement stage. Throughout the book, the authors make students come alive to the ethical problems faced by arbitration practitioners on a day-to-day basis, with the objective of preparing them for the choices arbitration lawyers actually have to make. The book provides a distinctive way to teach central transferable skills that are vital for the success of any junior practitioner. It provides opportunities to practice client counseling, clause drafting to achieve client goals, and the composing of advice of how to respond to proposed contract language received during negotiations. It further provides opportunities to engage in drafting of documents that are less frequently included in the law school curriculum but are vital to the practice of law. These documents include requests for the production of documents, requests for the production of electronic documents, motions requesting emergency relief (temporary restraining orders), as well as dispositive motions and affidavits. The book therefore assists law schools in making available alternative ways in which to achieve basic institutional learning outcomes. The book is one of the first to teach students how to engage in a global practice of law through simulations inspired by real life disputes. The global practice of law involves challenges that exceed those encountered in the domestic setting. Questions of legal culture, applicable law, and client expectations differ markedly in global practice. This book is one of the first to provide students with a practical means to deal with such challenges. It is thus particularly well suited for use in classes with an LLM contingent as the simulation scenarios permit LLM students to bring in their home country experiences fully into simulation exercises. By teaching these transferable skills, the book provides an engaging way to introduce students to the skills they will need to perform well on the Multistate Performance Test as part of their bar examination. The Multistate Performance Tests asks students to draft a specific piece of work product based on a closed packet of materials. The chapters are set up in such a way that students will be exposed to that way of encountering new kinds of work product and dealing with such work product on the basis of a closed packet of materials. This experience thus also has significant bar study benefits. In order to achieve these benefits, the book uses a simulations approach. To prepare students for the problems faced by arbitration counsel, the book introduces them to different simulations that present real-world practice problems. Though many of these problems are discrete, certain simulations are referred to multiple times to show students that procedural choices made in the beginning of an arbitration have significant implications for later stages of proceedings. This flexible use of the simulation method introduces students to the need to address some discrete problems for clients while also alerting them to the fact that client advice can have a long half-life. The authors are seasoned arbitration practitioners and academics. The authors have in fact handled numerous arbitrations together and have tried to make available their best practices in this book. Michael Nolan is a partner in the Washington, DC office of Milbank LLP. He has served as counsel in more than a hundred disputes. He serves as an arbitrator in a wide range of cases and is a member of the International Advisory Committee of the American Arbitration Association. Michael Nolan also teaches as an Adjunct Professor of Law at Georgetown Law Center. Frédéric G. Sourgens is a Professor of Law at Washburn University School of Law. He is the author of more than 60 publications, including approximately a dozen books on arbitration or arbitration-related subjects. His work has been cited as authority by numerous arbitral tribunals and counsel. Frédéric Sourgens also remains active in arbitrations in a number of different capacities. Though flexible in how it can be used, the book is specially designed for use in arbitration skills classes. It further can support arbitration clinic students in learning the basics of arbitration and can further support arbitration seminars looking to take a more detailed look at the inner working of one of the most controversial areas of law judging by the constant stream of U.S. Supreme Court cases on the subject matter.
Book Synopsis The Backlash Against Investment Arbitration by : Michael Waibel
Download or read book The Backlash Against Investment Arbitration written by Michael Waibel and published by Kluwer Law International B.V.. This book was released on 2010-01-01 with total page 674 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book, the outgrowth of a conference organized by the editors at Harvard Law School on April 19, 2008, aims to uncover the drivers behind the backlash against the current international investment regime."--Library of Congress Online Calalog.
Book Synopsis International Commercial Arbitration in New York by : James H. Carter
Download or read book International Commercial Arbitration in New York written by James H. Carter and published by Oxford University Press. This book was released on 2013 with total page 725 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Commercial Arbitration in New York focuses on the distinctive aspects of international arbitration in New York. Serving as an essential strategic guide, this book allows practitioners to represent clients more effectively in cases where New York is implicated as either the place of arbitration or evidence or assets are located in New York. Each chapter elucidates a vital topic, including the existing New York legal landscape, drafting considerations for clauses designating New York as the place of arbitration, and material and advice on selecting arbitrators. The book also covers a series of topics at the intersection of arbitral process and the New York courts, including jurisdiction, enforcing arbitration agreements, and obtaining preliminary relief and discovery. Class action arbitration, challenging and enforcing arbitral awards, and biographical materials on New York-based international arbitrators is also included, making this a comprehensive, valuable resource for practitioners.
Book Synopsis International Arbitration: Law and Practice by : Gary B. Born
Download or read book International Arbitration: Law and Practice written by Gary B. Born and published by Kluwer Law International B.V.. This book was released on 2021-06-07 with total page 627 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Arbitration: Law and Practice (Third Edition) provides comprehensive and authoritative coverage of the basic principles and legal doctrines, and the practice, of international arbitration. The book contains a systematic, but concise, treatment of all aspects of the arbitral process, including international arbitration agreements, international arbitral proceedings and international arbitral awards. The Third Edition guides both students and practitioners through the entire arbitral process, beginning with drafting, enforcing and interpreting international arbitration agreements, to selecting arbitrators and conducting arbitral proceedings, to recognizing, enforcing and seeking to annul arbitral awards. The book is written in clear, accessible language, suited for both law students and non-specialist practitioners, as well as more experienced readers. This highly regarded work addresses both international commercial arbitration and the related fields of investment and state-to-state arbitration and is essential reading for any student of international arbitration and any practitioner seeking a complete introduction to the field. The Third Edition has been comprehensively updated to include recent legislative amendments, judicial decisions and arbitral awards. Among other things, the book provides detailed treatment of the New York Convention, the UNCITRAL Model Law on International Commercial Arbitration, all leading institutional arbitration rules (including ICC, SIAC, LCIA, AAA and others), the ICSID Convention and ICSID Arbitration Rules, and judicial decisions from leading jurisdictions. The Third Edition is integrated with the author’s classic International Commercial Arbitration and with the online Born International Arbitration Lectures, enabling students, teachers and practitioners to explore particular topics in more detail. About the Author: Gary B. Born is the world’s leading authority on international arbitration and litigation. He has practiced extensively in both fields in Europe, the United States, Asia and elsewhere. He is the author of International Commercial Arbitration (Kluwer Law International 3rd ed. 2021), International Arbitration and Forum Selection Agreements: Drafting and Enforcing (Kluwer Law International 6th ed. 2021), International Commercial Arbitration: Cases and Materials (Aspen 3rd ed. 2021) and International Civil Litigation in United States Courts (Aspen 6th ed. 2018).
Book Synopsis Arbitration and the Constitution by : Peter B. Rutledge
Download or read book Arbitration and the Constitution written by Peter B. Rutledge and published by Cambridge University Press. This book was released on 2013 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration has become an increasingly important mechanism for dispute resolution, both in the domestic and international setting. Despite its importance as a form of state-sanctioned dispute resolution, it has largely remained outside the spotlight of constitutional law. This landmark work represents one of the first attempts to synthesize the fields of arbitration law and constitutional law. Drawing on the author's extensive experience as a scholar in arbitration law who has lectured and studied around the world, the book offers unique insights into how arbitration law implicates issues such as separation of powers, federalism, and individual liberties.
Book Synopsis International Arbitration and International Commercial Law by : Eric E. Bergsten
Download or read book International Arbitration and International Commercial Law written by Eric E. Bergsten and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 882 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis International Litigation and Arbitration by : THOMAS E. CARBONNEAU
Download or read book International Litigation and Arbitration written by THOMAS E. CARBONNEAU and published by West Academic Publishing. This book was released on 2020-07-03 with total page 1051 pages. Available in PDF, EPUB and Kindle. Book excerpt: Description Coming Soon!
Book Synopsis International Commercial Arbitration by : Gary Born
Download or read book International Commercial Arbitration written by Gary Born and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Roles of Psychology in International Arbitration by : Tony Cole
Download or read book The Roles of Psychology in International Arbitration written by Tony Cole and published by Kluwer Law International B.V.. This book was released on 2017-03-15 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: The system of international arbitration is built on private contractual relations, yet has been endorsed by governments around the world as a fair and reliable alternative to litigation in State courts. As a private process, however, its authority and legitimacy derive entirely from the views and actions of those involved in the arbitral process, whether arbitrators, counsel, or parties. It is, though increasingly clear that psychological factors complicate, and in some cases radically change, every arbitral proceeding. In this context, psychological insights are crucial for understanding how international arbitration genuinely operates, and whether the legal framework currently applied to it is well-suited to achieving the aims of ensuring a fair and reliable dispute resolution procedure. This is the first book to focus on this important issue: the insights into international arbitration that can be gained from contemporary psychology. With contributions from nineteen internationally known figures in their fields – arbitrators, mediators, lawyers, law professors, psychology professors, psychologists – and drawing from a longer term project on the role of psychology in arbitration, this ground-breaking volume addresses a range of topics, including the following: - the decision-making processes of arbitrators; - the ability of arbitration to serve as a genuine dispute resolution mechanism; - the impact of particular procedures on the arbitral process; - bias, self-deception and vested interests in judgment and decision-making; - the role of arbitrators in managing the arbitral process; - cultural differences in the evaluation of arguments; - psychological influences on witness testimony; - the impact of tribunal composition on arbitral decision-making; - the influence of arbitration’s professional context on arbitrators and legal counsel; and - methods for arbitrators and legal counsel to more effectively manage the arbitral process. Informed by the behavioural insights in these essays, counsel and arbitrators will be enabled to think critically about the underlying assumptions and the potential behavioural effects of a prospective arbitration, while individuals researching arbitration will gain a greater understanding of the psychological context in which every arbitration occurs. This book meets the increasingly recognized need for understanding the role of psychology in arbitral proceedings, and forms an indispensable foundation for subsequent work in this area. Its innovative and forward-thinking analysis will be of immeasurable value to the international arbitration community, as well as to institutions supporting arbitration and to academics in the field.
Book Synopsis The Principles and Practice of International Commercial Arbitration by : Margaret L. Moses
Download or read book The Principles and Practice of International Commercial Arbitration written by Margaret L. Moses and published by Cambridge University Press. This book was released on 2008-03-17 with total page 91 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title provides the reader with immediate access to understanding the world of international arbitration. Arbitration has become the dispute resolution method of choice in international transactions. This book explains 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 changes in arbitration laws, rules, and guidelines. 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 the best arbitration 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.
