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Arbitration In Complex International Contracts
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Book Synopsis Arbitration in Complex International Contracts by : Joachim Frick
Download or read book Arbitration in Complex International Contracts written by Joachim Frick and published by Kluwer Law International B.V.. This book was released on 2001-10-24 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: The technical, economic, and social development of the last one hundred years has created a new type of long-term contract which one may call `Complex International Contract'. Typical examples include complex civil engineering and constructions contracts as well as joint venture, shareholders, project finance, franchising, cooperation and management agreements. The dispute resolution mechanism, which normally deals with such contracts, is commercial arbitration, which has been deeply affected in recent decades by attempts to improve its capabilities. Most importantly, there is the trend towards further denationalization of arbitration with respect to the applicable substantive law. In this regard, a new generation of conflict rules no longer imposes on the arbitrators a particular method to be applied for the purpose of determining the applicable rules of law. Moreover, arbitration more frequently took on the task of adapting Complex International Contracts to changed circumstances. Also, special rules have been developed for so-called multi-party arbitration and fast track arbitration facilitating efficient dispute resolution. The author describes these trends both from a practical as well as a theoretical perspective, evaluating not only the advantages, but also the risks involved with the new developments in arbitration. Relevant issues with respect to the drafting and renegotiation of such contracts are also discussed.
Book Synopsis Arbitration and Complex International Contracts by : Joachim G. Frick
Download or read book Arbitration and Complex International Contracts written by Joachim G. Frick and published by . This book was released on 2001 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Freshfields Guide to Arbitration Clauses in International Contracts by : Jan Paulsson
Download or read book The Freshfields Guide to Arbitration Clauses in International Contracts written by Jan Paulsson and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: With this newly updated edition of the Freshfields Guide to Arbitration Clauses in International Contracts - still in the concise, attractive format that made the original so popular - lawyers and business people will confidently negotiate contracts that ensure a speedy, clear-cut resolution of any dispute likely to arise. Taking into account the many significant developments in the law and practice of international arbitration that have occurred over the years since the previous editions, it offers: ; clear, uncomplicated contract-drafting advice, derived from the authors' wide-ranging practical experience; model clauses that ensure the effectiveness of dispute resolution provisions - and avoid pitfalls, and important reference materials.
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 442 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 Arbitration Clauses for International Contracts - 2nd Edition by : Paul D. Friedland
Download or read book Arbitration Clauses for International Contracts - 2nd Edition written by Paul D. Friedland and published by Juris Publishing, Inc.. This book was released on 2007-07-01 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book, by a leading international arbitration practitioner, offers suggested language for every option that a drafter of an international arbitration clause may need. Following a succinct assessment of the choice between arbitration and litigation and commentary on the choices among arbitration fora and formats, the author presents an accessible how-to for drafting. While other works offer theory and a smattering of drafting tips, there is no other comprehensive collection of workable language, presented accessibly with easy-to-reference appendices. This book will be a standard reference for both in-house counsel and outside practitioners. This book provides, in an accessible format, clauses that address all the significant issues that contracting parties face, and in any event should consider, when they decide to draft a dispute resolution clause for an international contract. Those who wish immediate access to suggested language may turn directly to the Appendices. Those who wish to understand the analysis that leads to the suggested language should read the text."--Publisher's website.
Book Synopsis Complex Arbitrations by : Bernard Hanotiau
Download or read book Complex Arbitrations written by Bernard Hanotiau and published by Kluwer Law International B.V.. This book was released on 2020-07-10 with total page 626 pages. Available in PDF, EPUB and Kindle. Book excerpt: Complex Arbitrations: Multi-party, Multi-contract and Multi-issue A Comparative Study Second Edition Bernard Hanotiau Arbitrations involving more than two parties and complex multi-contractual issues are becoming more and more prevalent every year in every major jurisdiction worldwide. This fully updated, extensively revised edition of a far-seeing 2006 book that has been greatly valued and widely used remains the only comprehensive analysis of all the issues arising from multi-party–multi-contract arbitrations, including those involving States and groups of companies. The numerous factors and problems analysed in depth include the following: theories on the basis of which various courts and tribunals determine who are parties to the arbitration clause and whether a non-signatory may be part of the proceedings; to what extent one can bring to a single arbitration proceeding the various parties who have participated in a single economic transaction through several contracts; reasoning to follow when it comes to deciding whether another company of the group can be joined to the arbitration; whether a party to a complex contractual structure can intervene voluntarily in the proceedings; under what conditions arbitrations may be consolidated; to what extent res judicata applies when a second arbitration is initiated between the same parties on different legal grounds; how and to what extent one can overcome the inconveniences that arise from having several parallel proceedings; and enforcement of multi-party–multi-contract awards. Features of particular value to the practitioner include in-depth analysis of ad hoc and institutional awards rendered under the auspices of numerous arbitral institutions; analysis of relevant national case law based on hundreds of court decisions from all over the world; and appendices specifying multi-party–multi-contract arbitration clauses, provisions of international conventions and relevant national legislative and institutional rules. The first edition has been used all over the world, frequently referred to by courts and tribunals when one of its topics is addressed. The second edition, with its increased volume of arbitral awards and cases from many more jurisdictions, its new scenarios, its updates on new legislation and rules, and its newly researched jurisprudence will help lawyers and corporate counsel solve the increasingly complex procedural issues confronting them in dealing with multi-party–multi-contract disputes. Law professors and students of dispute resolution have here a powerfully authoritative consideration of one of the most salient aspects of current international practice.
Book Synopsis Damages in International Arbitration Under Complex Long-term Contracts by : Herfried Wöss
Download or read book Damages in International Arbitration Under Complex Long-term Contracts written by Herfried Wöss and published by . This book was released on 2015 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: Damages are a topic of central importance in international arbitration, being very often the principal concern of the parties, and an indication of the performance of their counsel. They are also one of the most complex topics. This book addresses the many competing factors that contribute to their nature and amount: while they are compensatory, they may be subject to counterclaims and set-offs, affected by failures to mitigate, or inflated by considerations such as interest and costs.
Book Synopsis The International Arbitration Rulebook by : Arif Hyder Ali
Download or read book The International Arbitration Rulebook written by Arif Hyder Ali and published by Kluwer Law International B.V.. This book was released on 2019-10-24 with total page 547 pages. Available in PDF, EPUB and Kindle. Book excerpt: The numerous arbitral regimes around the world differ in subtle yet complex ways. These variations can have a profound effect on the procedural rights and obligations of the parties. Broadly speaking, the choice of regime will impact the way in which an arbitration is conducted; its duration and expense; the outcome of the dispute; and the ultimate enforceability of the award. To inform the parties’ choice, this book is the first to deal specifically and in depth with a broad range of institutional and ad hoc arbitration rules on a comparative basis. It provides a practical guide to the rules in one book—a one-stop shop—from a distinctly “rule” and “guide” point of view. This book has its genesis in the authors’ experience as practitioners and educators in international commercial and investor-state arbitration—and as advisers to, and trainers for, arbitral institutions, arbitrators, judges and government officials around the world. This comprehensive, descriptive and analytical “road map” covers the broad range of issues addressed in nine representative major sets of arbitration rules. The authors detail the distinct ways in which rules governing such important issues as the following may differ among the various arbitral regimes: the governance structure and role of the administering institutions in the arbitration, including case management and administrative support; the critical and recommended issues to be established in the agreement to arbitrate, such as the place of arbitration and the governing law among others; the requirements and best practices for starting the arbitration on the right foot; the procedures for selecting, appointing and challenging arbitrators; the impact of the initial procedural conference on the proceedings; the rules on presenting the case in chief: written submissions, documentary evidence, witness and expert testimony and more; the costs and fees of leading institutions; the procedures and standards for award scrutiny and enforceability; and a range of special and innovative procedures such as expedited proceedings, interim relief and consolidation of proceedings. The comparative analysis is organized around the chronological phases of an international arbitration and supported by rule comparison tables and clear explanations of each step of the process. With this eminently practical book, contract negotiators, counsel and arbitrators can confidently navigate any international arbitration. Thorough coverage of the applicable rules and guidelines enables parties and/or the tribunal to design bespoke arbitration procedures based upon the various rules of leading regimes. Arbitral institutions can survey the different approaches and identify emerging best practices in the design and drafting of arbitral regimes. All in all, this volume is a useful guide and comprehensive framework of rules for both arbitration practitioners and users of arbitration services, as well as for students and teachers of international arbitration.
Book Synopsis Procedure and Evidence in International Arbitration by : Jeffrey Waincymer
Download or read book Procedure and Evidence in International Arbitration written by Jeffrey Waincymer and published by Kluwer Law International B.V.. This book was released on 2012-05-23 with total page 1408 pages. Available in PDF, EPUB and Kindle. Book excerpt: Central to the book’s purpose is the procedural challenge facing arbitrators at each and every stage of the arbitral process when fairness arguments conflict with efficiency concerns and trade-offs must be determined. Some key themes include how can a tribunal be fair, and in particular be neutral, if parties are so diverse? How can arbitration be made efficient and cost-effective without undue inroads into fairness and accuracy? How does a tribunal do what is best if the parties are choosing a suboptimal process? When can or must an arbitrator ignore procedural choices made by the parties? The author thoroughly evaluates competing arguments and adds his own practical tips, expertly synthesizing and engaging with the conference literature and differing authors’ views. He identifies criteria that offer a harmonized approach to each stage of the arbitral process, with particular attention to such aspects of international arbitration as: appropriate trade-offs between flexibility and certainty; the rights, duties and powers of arbitrators; appointment and challenge of arbitrators; responses to ‘guerilla’ tactics; drafting of arbitration agreements, including specialty clauses; drafting of required commencement notices and response documents; set-off; fast track arbitration and other efficiency options; strategic use of preliminary conferences and timetabling; online arbitration; multi-party, multi-contract, class arbitration; amicus and third party funders; pre-arbitral referees and interim relief; witness evidence, both factual and expert; documentary evidence, production obligations, and challenges to production; identifying applicable law; and remedies and costs.
Book Synopsis International Commercial Arbitration by : Franco Ferrari
Download or read book International Commercial Arbitration written by Franco Ferrari and published by Edward Elgar Publishing. This book was released on 2021-06-25 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This indispensable book offers a concise comparative introduction to international commercial arbitration (ICA). With reference to recent case law from leading jurisdictions and up-to-date rules revisions, International Commercial Arbitration offers a thorough overview of the issues raised in arbitration, from the time of drafting of the arbitration clause to the rendering of the arbitral award and the post-award stage.
Book Synopsis Substantive Law in Investment Treaty Arbitration by : Monique Sasson
Download or read book Substantive Law in Investment Treaty Arbitration written by Monique Sasson and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new edition of what has rapidly become the pre-eminent work on the role of municipal law in investment treaty arbitration is justified not only by the accelerating appearance of investment treaty awards but also by the continuing, serious flaws in the application of international law by investment treaty arbitral tribunals. As a matter of international law, arbitrators need to be attentive to the circumstances where municipal law supplies the necessary substantive legal rule. They will find this book to be the best guide to this complex challenge. The author has maintained the overall structure of the first edition and added a new chapter on Article 42 of the ICSID Convention. Certain descriptions and arguments have been rethought and revised to clarify their significance and their applicability. The treatment focuses on the role of municipal law in providing the substance for concepts such as contracts, property rights, and shareholders’ rights, which are relevant in the international investment treaty context but are not regulated under international law. Among the complex questions considered are the following: - If the application of international law requires a renvoi to municipal law, how should that renvoi be conducted? - In investment disputes, what role, if any, should municipal law have in assessing State attribution under international law? - Should shareholders receive compensation for damages suffered by their company due to a violation of an international obligation vis-à-vis the company? - Does a contractual right exist to foreign investment ‘property’? - Under what conditions may a violation of municipal law become internationally wrongful? - May foreign investors rely on ‘expectations’ as an autonomous source of rights in investment treaty disputes? - Does an alleged breach of an umbrella clause transform a breach of contract claim covered by municipal law into an international law claim? The chapters answer these and many other questions in extraordinary depth, drawing on detailed analyses of the issues and implications posed by major relevant cases and arbitral decisions. The author’s analysis of the unavoidable interaction of municipal law and international law in investment treaty arbitration – and the consequences stemming from rejecting the application of municipal law when relevant – will continue to prove of immeasurable value to arbitrators, arbitration counsel, corporate counsel, and scholars of international law.
Book Synopsis International Construction Arbitration Law by : Jane Jenkins
Download or read book International Construction Arbitration Law written by Jane Jenkins and published by Kluwer Law International B.V.. This book was released on 2021-02-10 with total page 502 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration in Context Series Volume 1 There is probably no area of activity more in need of reliable dispute resolution procedures than construction projects, especially if more than one jurisdiction is involved. The third edition of this eminently practical guide greatly facilitates the process for all parties concerned. The text, updated to include the latest edition of arbitral rules and introducing the Prague Rules, considers the full range of available dispute resolution methods, including mediation, conciliation and determination by dispute review boards, before focusing specifically on arbitration. The book then looks in detail at all aspects of arbitration, from commencement of proceedings, selection of the tribunal, through preparation and collection of the evidence necessary in complex construction cases, to common procedural issues, the conduct of the hearing, the effect of the award, challenges to it and its enforcement. The third edition addresses fresh thinking on MedArb, guidance on preparation for and conduct of virtual hearings in the wake of COVID-19, technological advances to assist collection and presentation of evidence, litigation funding and includes a new chapter on the role of arbitration in tender disputes. Specific valuable features include the following: guidance on the drafting of dispute resolution provisions designed to minimise disputes and facilitate their swift resolution; flowcharts to illustrate the stages in dispute procedures and arbitration; a comparison between common law and civil law approaches to key concepts; details of the key features of a construction contract, common standard forms and procurement structures; expert guidance on effective contract administration; step-by-step advice on the conduct of a construction arbitration to maximise efficiency; and coverage of particular issues thrown up by complex construction disputes which differentiate them from other commercial disputes, with guidelines on how to approach such issues in the presentation before a tribunal. As an easy-to-use resource for both general counsel and the lawyers in private practice, this book has no peers. It has proved to be of particular value to commercial contract negotiators and corporate counsel who may have many years of experience but have not had to live through a construction dispute or manage a construction contract during the life of a project. Lawyers in private practice embarking on a construction dispute for the first time will also find this book of value, as will students of dispute resolution.
Book Synopsis International Contracts by : M. E. Koppenol-Laforce
Download or read book International Contracts written by M. E. Koppenol-Laforce and published by . This book was released on 1996 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is an introductory guide to international contracts, concentrating particularly on international procedure, arbitration, sales and carriage. The book gives a clear overview of this often complex area of the law, providing checklists for ease of reference. It is intended to provide a thorough grounding for those seeking an introduction to the law concerning international contracts.
Book Synopsis Introduction to Investor-State Arbitration by : Yves Derains
Download or read book Introduction to Investor-State Arbitration written by Yves Derains and published by Kluwer Law International B.V.. This book was released on 2018-10-17 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today thousands of investors act globally in markets providing services, technology or capital in countries all around the world. This activity can be peacefully accomplished when both the investor and the host State know that the disputes will be resolved under the aegis of the investor-State arbitration regime, wherein an investor is provided with a direct right of action against a State, most commonly stemming from a bilateral or multilateral investment treaty. This book approaches the substantive and sometimes difficult concepts of investor-State arbitration in a clear and concise explanatory fashion. In the course of acquainting the reader with the basic legal concepts and policies of the regime, the authors address such issues as the following: • consent to jurisdiction; • State responsibility; • possible conflict of interests; • mechanisms for reviewing an award; • damages and costs; and • enforcement. The book examines a number of arbitration procedures arising from various perspectives with differing underlying assumptions while highlighting important cases. Given that investor-State arbitration is now under the public watch and facing many challenges, this remarkably clear and concise overview of the regime will prove to be of great value to in-house counsel and other practitioners, as well as to government policymakers and students.x`
Book Synopsis Contract Law in International Commercial Arbitration by : Peter Sester
Download or read book Contract Law in International Commercial Arbitration written by Peter Sester and published by Kluwer Law International B.V.. This book was released on 2022-11-22 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: The vast bulk of claims in international commercial arbitration are contractual in nature. Viewed through that lens, what comes to occupy centre stage in the arbitration of disputes is the choice of applicable contract law. This book breaks new ground by for the first time focusing in depth on the contract law chosen by the parties to be applied to disputes. The author uses a comparative-inductive methodology to analyse why – according to statistics of the International Chamber of Commerce – English, New York, and Swiss contract law outperform transnational and other contract law regimes in the choice-of-law provision of business contracts. He finds that these three bodies of law share a firm commitment to enforcing the contract as written, thus prioritizing certainty, stability, and predictability, and clearly recognizing the parties’ right to determine for themselves (and have arbitrators and courts respect) central issues such as risk allocation and price. Starting from a detailed comparative examination of traditional and contemporary theories of contract, the author develops a minimalist approach that is acceptable to lawyers with a civil or common law background and that facilitates dealmaking by providing a clear set of hard-edged rules in four areas – formation of contracts, invalidity and public policy, contract interpretation, and damages for breach – and showing how each of the three contract regimes that are dominant in practice manifests his approach. With its emphasis on pragmatic adjudication grounded on facts and consequences rather than on conceptualisms and generalities, the book greatly enhances the ability of arbitrators to make decisions based on legal arguments that fit the setting of international commercial arbitration. It is sure to become established as a tool to achieve the defined objective of facilitating cross-border commercial transactions as well as providing arbitrators with a set of rules for the interpretation of contractual provisions and the quantification of damages. ‘Peter Sester confronts the reality that disputes in commercial arbitration are overwhelmingly contract-based, and properly directs our attention away from the contract by which the parties agreed to arbitrate to the contract by reference to which they intended their disputes to be adjudicated. This is a most welcome move and one that cannot help stimulate those whose interests are similarly situated on the frontier between the law of arbitration and the law of international contracts.’ Prof. George A. Bermann Columbia University, New York City ‘This is a book that is not only useful but also close to market expectations. ... Summing up, I would like to congratulate Peter Sester for giving us a free-market society book. He provides his readers with much food for thought and a remarkable admonition not to replace the parties’ work with public policy considerations.’ Prof. Dr Peter Nobel Emeritus Universities St. Gallen and Zurich, Switzerland
Book Synopsis Arbitration and Contract Law by : Neil Andrews
Download or read book Arbitration and Contract Law written by Neil Andrews and published by Springer. This book was released on 2016-04-18 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with the contractual platform for arbitration and the application of contractual norms to the parties' dispute. Arbitration and agreement are inter-linked in three respects: (i) the agreement to arbitrate is itself a contract; (ii) there is scope (subject to clear consensual exclusion) in England for monitoring the arbitral tribunal's fidelity and accuracy in applying substantive English contract law; (iii) the subject-matter of the arbitration is nearly always a ‘contractual’ matter. These three elements underlie this work. They appear as Part I (arbitration is founded on agreement), Part II (monitoring accuracy), Part III (synopsis of the English contractual rules frequently encountered within arbitration). The book will be a useful resource to foreign lawyers or English non-lawyers, English lawyers seeking a succinct discussion, and to arbitral tribunals.
Book Synopsis International Commercial Arbitration and the Arbitrator's Contract by : Emilia Onyema
Download or read book International Commercial Arbitration and the Arbitrator's Contract written by Emilia Onyema and published by . This book was released on 2010 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the formation, nature and effect of the arbitratorsâe(tm) contract, addressing topics such as the appointment, challenge, removal and duties and rights of arbitrators, disputing parties and arbitration institutions. The arguments made in the book are based on a semi-autonomous theory of the juridical nature of international arbitration and a contractual theory of the legal nature of these relationships. From these premises, the book analyses the formation of the arbitratorâe(tm)s contract in both ad hoc and institutional references. It also examines the institutionâe(tm)s contract with the disputing parties and its effect on the arbitratorâe(tm)s contract under institutional references. The book draws from national arbitration laws and institutional rules in various jurisdictions to give a global view of the issues examined in it. The arbitratorâe(tm)s contract is analysed from a global perspective of arbitral law and practice with insights from various jurisdictions in Africa, Asia, Europe, North and South America. The primary focus of the book is an analysis of the formation of the arbitratorâe(tm)s contract and the terms of this contract and the institutionâe(tm)s contract. The primary question of the consequences (if any) of the breaches of the terms of these contracts and its impact on the exclusion or limitation of liability of arbitrators and institutions is also analysed with the conclusion that since these transactions are contractual and the terms can be categorised as in any normal contract, then normal contractual remedies can be applied to the breaches of these terms. International Commercial Arbitration and the Arbitratorâe(tm)s Contract will be of great value to arbitration practitioners and researchers in arbitration. It will also be very useful to students of arbitration on the topics of arbitrators and arbitration institution.
