Arbitration in Russia

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9403503408
Total Pages : 360 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Arbitration in Russia by : Andrey Kotelnikov

Download or read book Arbitration in Russia written by Andrey Kotelnikov and published by Kluwer Law International B.V.. This book was released on 2019-07-03 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although Russia has generally followed the New York Convention, the UNCITRAL Model Law and the European Convention on Arbitration since the 1990s, it was not until the reforms of 2015–2017 that arbitration in Russia became fully aligned with international commercial arbitration standards. This book by prominent Russian authorities explains the current legal landscape in the aftermath of the reforms, providing clear information and guidance to the worldwide community of arbitrators, dispute resolution practitioners and academics in the field. This book provides comprehensive coverage of current Russian law on domestic and international arbitration, addressing the stages of arbitration proceedings from the conclusion of an arbitration agreement to enforcement of foreign arbitral awards. The authors discuss the major theoretical and practical issues that have occupied the Russian courts and legal scholars over recent decades and draw parallels with other states and accepted international practices, emphasising issues that are of particular importance to foreign investors and their Russian partners. Detailed examinations include the following: regulatory sources; permanent arbitral institutions with government permission to operate; legislative provisions concerning judicial control of arbitration; arbitrability of disputes; interim measures; status of arbitrators and their powers; liability of an arbitrator; rules of evidence in arbitral proceedings; challenging arbitral awards and their enforcement; grounds for refusing enforcement of an international commercial arbitral award; grounds for setting aside of arbitral awards and their enforcement; costs and fees in arbitration; and the public policy exception. This book takes account of both the most significant Russian works on the theory of arbitration law and relevant judicial and arbitration practice. As a comprehensive guide to every aspect of international and domestic arbitration in the Russian Federation, this insightful commentary will be welcomed by legal practitioners worldwide dealing with an ongoing or contemplated arbitration or enforcement of an arbitral award in Russia. It will also serve as a point of reference providing international legal scholars, researchers and students with an authoritative explanation of the legal regulation of arbitration and the approaches adopted in Russian doctrine and legal practice.

Recognition and Enforcement of Foreign Arbitral Awards in Russia and Former USSR States

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403532912
Total Pages : 572 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Recognition and Enforcement of Foreign Arbitral Awards in Russia and Former USSR States by : Roman Zykov

Download or read book Recognition and Enforcement of Foreign Arbitral Awards in Russia and Former USSR States written by Roman Zykov and published by Kluwer Law International B.V.. This book was released on 2021-04-22 with total page 572 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 15 sovereign states that emerged from the dissolution of the Union of Soviet Socialist Republics (USSR) in 1991, having all adopted the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, today are drawing increasing attention from international law firms and global arbitral institutions. This book, compiled under the editorship of the Secretary General of the Russian Arbitration Association, is the first full-scale commentary in English on the application of the New York Convention in Russia and the other 14 former USSR states, with attention also to the various relevant national laws and procedures. A total of 71 contributors, all leading experts on arbitration and litigation in the covered jurisdictions, provide in-depth research encompassing the following approaches: article-by-article commentary on the New York Convention with emphasis on the practice of Russian state commercial (arbitrazh) courts; commentary on the relevant provisions of the Russian International Commercial Arbitration Law and the Code of Commercial Procedure; analysis of law and practice on setting aside, recognition, and enforcement of arbitral awards in all non-Russian former USSR states, state by state, written by experts in each jurisdiction; and a unique statistical study of all international commercial arbitration cases under the New York Convention conducted in Russia between 2008 and 2019, showing which grounds of the New York Convention are widely used by the Russian courts in different instances. With this detailed information, practitioners will be able to understand how judicial developments in the covered jurisdictions have impacted the enforceability of arbitral awards, and how parties can take steps to ensure that they secure enforceable awards. In addition, they will clearly discern the enforcement track record for arbitral awards in Russia and former USSR states and how each jurisdiction treats enforcement applications, greatly clarifying decisions on choices by parties and determination of seat of arbitration. Because this book makes arbitration law and procedure in Russia and the former USSR states accessible for the first time in English – thus assisting evaluation of prospects of enforcing foreign arbitral awards in that part of the world – it will be warmly welcomed by in-house counsel, arbitrators, arbitral institutes, judges, researchers, and academics focused on international arbitration.

Enforcement of Foreign Arbitral Awards in Russia

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Author :
Publisher : Juris Publishing, Inc.
ISBN 13 : 1937518450
Total Pages : 340 pages
Book Rating : 4.9/5 (375 download)

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Book Synopsis Enforcement of Foreign Arbitral Awards in Russia by : William R. Spiegelberger

Download or read book Enforcement of Foreign Arbitral Awards in Russia written by William R. Spiegelberger and published by Juris Publishing, Inc.. This book was released on 2014-08-01 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Enforcement of Foreign Arbitral Awards in Russia presents issues peculiar to the Russian legal system and legal culture generally. The culmination of perhaps years of arbitration, enforcement of arbitral awards is a crucial element of arbitration and a subject best not taken lightly or left to the last minute. The Enforcement of Foreign Arbitral Awards in Russia parses the judgments of Russian courts, with a particular focus on the decision-making processes of Russian judges as reflected in their judgments. The Enforcement of Foreign Arbitral Awards in Russia addresses several questions, such as: • Which Russian courts enforce awards and what are they like? • What laws, treaties, and rules apply? • How do the courts reach their decisions? • Do those courts sometimes reach anomalous conclusions? • What should an applicant for enforcement watch out for? • What are the common pitfalls? With the help of Enforcement of Foreign Arbitral Awards in Russia non-Russian readers will be able to ask intelligent questions, earlier rather than later, of the local counsel who will be making an application for enforcement in the Russian courts.

Arbitration Law of Russia

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Publisher : Juris Publishing, Inc.
ISBN 13 : 1937518140
Total Pages : 328 pages
Book Rating : 4.9/5 (375 download)

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Book Synopsis Arbitration Law of Russia by : Roman Khodykin

Download or read book Arbitration Law of Russia written by Roman Khodykin and published by Juris Publishing, Inc.. This book was released on 2013-02-01 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive review of the arbitration law and practice in Russia including: discussion of arbitration practice and procedure; an examination of the jurisdiction of the arbitral tribunal; the appointment of arbitrators including the challenge and replacement of arbitrators; an analysis of the various types of awards including a discussion on deliberations, agreements, settlements, and the costs of arbitration; a discussion on the amendment and challenge of awards including the liability of arbitrators; and, a review of the enforcement of domestic and foreign arbitration awards.

International Arbitration: Law and Practice

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9403532548
Total Pages : 627 pages
Book Rating : 4.4/5 (35 download)

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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).

Arbitration in CIS Countries

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Author :
Publisher : Maklu
ISBN 13 : 9046605388
Total Pages : 296 pages
Book Rating : 4.0/5 (466 download)

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Book Synopsis Arbitration in CIS Countries by : Association for International Arbitration

Download or read book Arbitration in CIS Countries written by Association for International Arbitration and published by Maklu. This book was released on 2012 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Commonwealth of Independent States (CIS) is a loose association of States whose participating countries are former Soviet republics. Although the CIS has few supranational powers, it is aimed at being more than a purely symbolic organization, nominally possessing coordinating powers in the realm of trade, finance, lawmaking, and security. Some of the members of the CIS have established the Eurasian Economic Community with the aim of creating a full-fledged common market. This book analyzes and discusses the current trend of arbitral practice in CIS countries and deals in detail with various facets which promote and inhibit arbitration. The text has been authored by highly proficient arbitration professionals who address the intricacies associated with arbitration practice in CIS countries. It considers the general policy of CIS countries towards arbitration by providing recommendations to non-CIS parties choosing arbitration in CIS countries and paying special attention to the general policy towards arbitration in Russia, Ukraine, and Kazakhstan. Further, the book focuses on specific issues in arbitration in CIS countries, namely arbitrability of corporate and real estate disputes, bribery, and arbitration in Russia; interim measures at the stage of recognition and enforcement of international arbitral awards in Ukraine; and recognition and enforcement of arbitral awards annulled in the forum state (with reference to Russia). Finally, it elaborates on sector-specific arbitration, namely investment disputes at the SCC involving parties from CIS countries, arbitration in the energy sector involving parties from CIS countries, and CIS experience in the WTO dispute settlement. It will be regarded as a unique guide to arbitration in CIS countries and is a real must for everyone working with CIS countries.

Enforcing Foreign Arbitral Awards Against Russian Entities

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Author :
Publisher :
ISBN 13 :
Total Pages : 274 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Enforcing Foreign Arbitral Awards Against Russian Entities by : Kaj Hobér

Download or read book Enforcing Foreign Arbitral Awards Against Russian Entities written by Kaj Hobér and published by . This book was released on 1994 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration of disputes involving Russian entities has increased significantly since the breakup of the Soviet Union. Kaj Hober, with his expertise in Russian & Swedish arbitration & legal systems, guides you through the procedural framework for enforcement of awards as well as all the practical considerations. With this one handy reference, you can secure your judgment & do business with confidence.

Recognition and Enforcement of Foreign Arbitral Awards in Russia and Former USSR States

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Author :
Publisher : Kluwer Law International
ISBN 13 : 9789403532905
Total Pages : 632 pages
Book Rating : 4.5/5 (329 download)

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Book Synopsis Recognition and Enforcement of Foreign Arbitral Awards in Russia and Former USSR States by : Roman Zykov

Download or read book Recognition and Enforcement of Foreign Arbitral Awards in Russia and Former USSR States written by Roman Zykov and published by Kluwer Law International. This book was released on 2021-04-22 with total page 632 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 15 sovereign states that emerged from the dissolution of the Union of Soviet Socialist Republics (USSR) in 1991, having all adopted the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, today are drawing increasing attention from international law firms and global arbitral institutions. This book, compiled under the editorship of the Secretary General of the Russian Arbitration Association, is the first full-scale commentary in English on the application of the New York Convention in Russia and the other 14 former USSR states, with attention also to the various relevant national laws and procedures. A total of 71 contributors, all leading experts on arbitration and litigation in the covered jurisdictions, provide in-depth research encompassing the following approaches: article-by-article commentary on the New York Convention with emphasis on the practice of Russian state commercial (arbitrazh) courts; commentary on the relevant provisions of the Russian International Commercial Arbitration Law and the Code of Commercial Procedure; analysis of law and practice on setting aside, recognition, and enforcement of arbitral awards in all non-Russian former USSR states, state by state, written by experts in each jurisdiction; and a unique statistical study of all international commercial arbitration cases under the New York Convention conducted in Russia between 2008 and 2019, showing which grounds of the New York Convention are widely used by the Russian courts in different instances. With this detailed information, practitioners will be able to understand how judicial developments in the covered jurisdictions have impacted the enforceability of arbitral awards, and how parties can take steps to ensure that they secure enforceable awards. In addition, they will clearly discern the enforcement track record for arbitral awards in Russia and former USSR states and how each jurisdiction treats enforcement applications, greatly clarifying decisions on choices by parties and determination of seat of arbitration. Because this book makes arbitration law and procedure in Russia and the former USSR states accessible for the first time in English - thus assisting evaluation of prospects of enforcing foreign arbitral awards in that part of the world - it will be warmly welcomed by in-house counsel, arbitrators, arbitral institutes, judges, researchers, and academics focused on international arbitration.

Law and Practice of International Arbitration in the CIS Region

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Publisher : Kluwer Law International B.V.
ISBN 13 : 904116703X
Total Pages : 656 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Law and Practice of International Arbitration in the CIS Region by : Kaj Hober

Download or read book Law and Practice of International Arbitration in the CIS Region written by Kaj Hober and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 656 pages. Available in PDF, EPUB and Kindle. Book excerpt: The former Soviet republics of the Commonwealth of Independent States (CIS) generate a significant and growing amount of work for the major Western and CIS regional international arbitral institutions. This book, a country-by-country analysis of regulation and practice of international arbitration in ten CIS jurisdictions, offers the first comprehensive review of commercial arbitration in the region. It also analyses notable developments in the use of arbitration mechanisms contained in bilateral and multilateral investment treaties affecting the region. The book provides not only a detailed analysis of the law, but also insight from local practitioners into the culture of arbitration and how the law is applied in each jurisdiction. Jurisdictions covered include Armenia, Azerbaijan, Belarus, Kazakhstan, Moldova, Russia, Tajikistan, Turkmenistan, Ukraine and Uzbekistan. In addition to detailed discussion of the particular features of arbitral practice in each jurisdiction, contributions cover the following issues and topics: • arbitrability of disputes and public policy; • arbitral procedure; • recognition and enforcement of commercial and investor-state arbitration awards; • implementation of the UNCITRAL Model Law and other instruments affecting arbitral practice and procedure; • statistics from key arbitration institutions; • adherence to the ICSID, New York and key regional conventions relevant to arbitration; • relevant regulations, cases as well as applicable bilateral investment treaties; • law and practice related to investor-state arbitration; and • role of the Court of the Eurasian Economic Union. An informative introductory chapter provides detailed discussion and analysis of historic and current trends affecting arbitration practice among the CIS countries, including the role of regional conventions relatively unknown in the West. As a comprehensive overview of international arbitration in this burgeoning region, this book has no peers. It is sure to be highly valued and used by lawyers, arbitrators, and academics concerned with alternative dispute resolution, as well as by arbitration institutions, companies, states, and individuals engaged in arbitration.

Russian business law: the essentials

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Author :
Publisher : Litres
ISBN 13 : 504035682X
Total Pages : pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Russian business law: the essentials by :

Download or read book Russian business law: the essentials written by and published by Litres. This book was released on 2017-09-05 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication is intended to provide you with accurate and authoritative information concerning the subject matter covered. However, this publication is not a substitute for the advice of an attorney. If you require a legal or other expert advice, you should seek the services of a competent attorney or other professional.

Russian Arbitration Law and Practice

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Author :
Publisher : Oxford University Press, USA
ISBN 13 : 9780198712442
Total Pages : 0 pages
Book Rating : 4.7/5 (124 download)

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Book Synopsis Russian Arbitration Law and Practice by : Hiroshi Oda

Download or read book Russian Arbitration Law and Practice written by Hiroshi Oda and published by Oxford University Press, USA. This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Russian Arbitration: Law and Practice provides a comprehensive and practical guide to arbitrating with Russian parties or in an arbitration proceeding with its seat in Russia. Structured according to the order of arbitration proceedings, this book provides coverage of all the relevant issues for practitioners entering into agreement to arbitrate with Russian parties. The author offers a comprehensive description of the relevant areas of Russian law including procedural law, mandatory rules, and the most relevant public regulations that influence recognition and enforceability of an award in Russia. It highlights problematic areas for due diligence of potential Russian business partners, serving the purpose of avoiding future disputes. The book also deals with court procedures in Russia (injunctions, parallel proceedings, etc.) that may affect arbitral proceedings. The issues of recognition and enforcement of arbitral awards in Russia and challenging arbitral awards in Russia are also covered. A section is devoted to particularities of arbitral proceedings at ICAC, Russia's most popular arbitral institution, and to arbitration proceedings with its seat in Russia.

International Commercial Arbitration, with Special Focus on Russia

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Publisher :
ISBN 13 : 9789004392755
Total Pages : 0 pages
Book Rating : 4.3/5 (927 download)

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Book Synopsis International Commercial Arbitration, with Special Focus on Russia by : Alexey A. Kostin

Download or read book International Commercial Arbitration, with Special Focus on Russia written by Alexey A. Kostin and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Law and Legal System of the Russian Federation - Sixth Edition

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Publisher : Juris Publishing, Inc.
ISBN 13 : 1578234433
Total Pages : 957 pages
Book Rating : 4.5/5 (782 download)

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Book Synopsis Law and Legal System of the Russian Federation - Sixth Edition by : Peter B. Maggs

Download or read book Law and Legal System of the Russian Federation - Sixth Edition written by Peter B. Maggs and published by Juris Publishing, Inc.. This book was released on 2015-01-01 with total page 957 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a detailed treatment of the Russian legal system written especially for English-speaking law students and lawyers. While it is designed primarily as a casebook, extended discussions of the law, numerous citations to original Russian sources, and detailed suggestions for finding these sources on the Internet also make it useful as a reference for scholars specializing in Russian studies and for lawyers who know Russian but not Russian law. The authors have decades of experience following the Russian legal system, with one concentrating on human rights, court procedure, and criminal law and procedure, the other on civil, commercial, and tax law. Chapters cover key aspects of the Russian legal system, including sources of law, the judicial system, the legal profession, constitutional law, individual rights, civil and commercial law, civil procedure, private international law, foreign investment law, criminal procedure, administrative law, and tax law. The book covers major changes in Russian law since the previous edition was published, including more reliance on judicial precedent, increasing the independence of criminal investigators from prosecutors, dealing with abuse of the legal system by corrupt officials to steal businesses from their rightful owners, and closing loopholes in the tax system. The new edition also chronicles the continuing struggle of the European Court of Human Rights and activist Russian lawyers to push Russian law toward international standards.

The Idea of Arbitration

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Author :
Publisher :
ISBN 13 : 0199564167
Total Pages : 331 pages
Book Rating : 4.1/5 (995 download)

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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.

Czech and Central European Yearbook of Arbitration 2011: The Relationship between Constitutional Values, Human Rights and Arbitration

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Publisher : Juris Publishing, Inc.
ISBN 13 : 1933833718
Total Pages : 550 pages
Book Rating : 4.9/5 (338 download)

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Book Synopsis Czech and Central European Yearbook of Arbitration 2011: The Relationship between Constitutional Values, Human Rights and Arbitration by : Alexander J. Bělohlávek

Download or read book Czech and Central European Yearbook of Arbitration 2011: The Relationship between Constitutional Values, Human Rights and Arbitration written by Alexander J. Bělohlávek and published by Juris Publishing, Inc.. This book was released on 2011-04-01 with total page 550 pages. Available in PDF, EPUB and Kindle. Book excerpt: The topic for the inaugural edition of the Czech (& Central European) Yearbook of Arbitration (CYArb) is a highly interdisciplinary investigation into the relationship between human rights and arbitration. While providing a broad comparative approach of national tribunals from the perspective of different legal traditions, this topic has many significant practical aspects, such as service of process in arbitration proceedings. The CYArb also features articles by leading authorities from not only the Czech Republic but also Central and Eastern Europe, Switzerland and Russia on different topics in international arbitration; The Yearbook includes commentary and analysis of selected important case law - where international arbitration and the courts meet - from Bulgaria, the Czech Republic, Hungary, Poland and Russia. To ensure the integrity and quality of the CYArb, it boasts an Advisory Board featuring leading arbitration figures of the region, including: Anton Baier, Vienna, Austria Silvy Chernev, Sofia, Bulgaria Sir Anthony Colman, London, UK Bohuslav Klein, Prague, Czech Republic Pierre Lalive, Geneva, Switzerland Piotr Nowaczyk, Warsaw, Poland Ivan Szász, Budapest, Hungary Stanislaw Soltysiński, Warsaw, Poland Jozef Suchoža, Košice, Slovak Republic Vladimír Týč, Brno, Czech Republic A vital component of the CYArb is the unprecedented cooperation from the leading academic and arbitral institutions in the field: In the Czech Republic, this endeavor has the cooperation of the following institutions: – Faculty of Law, Charles University, Prague, – Faculty of Law, Masaryk University, Brno, – Faculty of Law, University of West Bohemia, Pilsen, – Faculty of Law, Palacký University, Olomouc, – Institute of State and Law, Academy of Sciences of the Czech Republic In the Slovak Republic: – Institute of State and Law, Slovak Academy of Sciences, A large degree of collaboration was provided by the permanent arbitration courts and other institutions in the region: · International Arbitral Centre of the Austrian Federal Economic Chamber (VIAC) · Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania · Arbitration Court attached to the Hungarian Chamber of Commerce and Industry · Arbitration Court attached to the Economic Chamber of the Czech Republic and Agricultural Chamber of the Czech Republic · Arbitration Court attached to the Czech-Moravian Commodity Exchange · ICC National Committee Czech Republic · The Court of Arbitration at the Polish Chamber of Commerce The degree of collaboration and cooperation from leading individuals, academic and arbitral institutions, allows the CYArb to fulfill its goal of being the leading Yearbook on arbitration developments and case law for the region.

Arbitration in the Soviet Union

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Author :
Publisher :
ISBN 13 :
Total Pages : 264 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Arbitration in the Soviet Union by : William Elliott Butler

Download or read book Arbitration in the Soviet Union written by William Elliott Butler and published by . This book was released on 1989 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The European Convention on International Commercial Arbitration

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041185917
Total Pages : 270 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The European Convention on International Commercial Arbitration by : Gerold Zeiler

Download or read book The European Convention on International Commercial Arbitration written by Gerold Zeiler and published by Kluwer Law International B.V.. This book was released on 2019-01-15 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally drafted during the Cold War era to facilitate trade between Western and Eastern European countries, the European Convention on International Commercial Arbitration (ECICA) has come to the fore in recent years as commercial relationships proliferate between Western Europe and such resource-rich countries as Russia, Ukraine, and Kazakhstan. This commentary is the first comprehensive overview in English of the Convention's provisions, annexes, subsequent agreements, and relevant case law and scholarship. Following three introductory chapters—on subjective arbitrability, applicable law, and ordre public in enforcement procedures—the book provides detailed commentary and analysis of each of the Convention's articles in turn. Detailed answers will be found to such questions as the following: • Which law is applicable to the substance of a dispute within the Convention's scope of application? • Can a defective arbitration clause be “saved” and, if so, how? • In which circumstances can awards be enforced which have been set aside in the state of origin? • In which circumstances may courts decide in a matter governed by an arbitration agreement? In contrast to the other major international commercial arbitration body of rules—the New York Convention—the ECICA goes beyond enforcement and recognition of awards and codifies standards of conduct and procedure. These innovative provisions are discussed in depth. Arbitration disputes are increasing across the vast geographical region in which the ECICA is applicable, and practitioners acting in such disputes will welcome this thorough commentary on the functionality, advantages, and disadvantages of each of the Convention's provisions. They will approach national courts and arbitral tribunals with full knowledge of the rules of procedure and benefit from analysis of court decisions. Global firms, particularly in the oil and gas industry, will also appreciate the book's masterful explication of this powerful instrument in international commercial arbitration.