Commercial Arbitration In Germany

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Commercial Arbitration in Germany

Author : Richard H. Kreindler
Publisher : Oxford University Press, USA
ISBN 13 : 9780199676811
Total Pages : 0 pages
Book Rating : 4.6/5 (768 download)

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Book Synopsis Commercial Arbitration in Germany by : Richard H. Kreindler

Download or read book Commercial Arbitration in Germany written by Richard H. Kreindler and published by Oxford University Press, USA. This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a much-needed reference work providing practitioners and academics with a detailed commentary on and thorough analysis of German arbitration law and practice. This title covers both domestic and international arbitration in all its stages. The work details the legal framework for German-related arbitration and provides practical guidance on the appropriate choices, with a specific focus on particularities of German law and practice. It contains a high level of analysis whilst maintaining a practical approach and structure mirroring the typical course of arbitral proceedings. The book navigates along the life cycle of an arbitration, commencing with the arbitration agreement, continuing with the arbitral tribunal, the arbitral proceedings and interim relief, and concluding with the arbitral award including its recognition and enforcement. At each stage, the work combines exhaustive legal analysis, clear and concise presentation, and a practical and accessible approach. Written by highly regarded experts in the field, it provides arbitration practitioners and academics alike with a thorough guide for use when working on cases with a German nexus with a detailed analysis of the applicable legal framework in Germany. Arbitration in Germany continues to grow as the country builds on its reputation as a suitable venue for international arbitration. This trend is reflected in the increasing relevance of the German Institution of Arbitration (DIS), which currently has more than 1,150 members domestically and overseas, including numerous major trade organizations and chambers of commerce, leading German companies, judges, lawyers and academics. The number of arbitration cases under the DIS Rules has more than doubled since 2005 while statistics of the International Chamber of Commerce (ICC) show that Germany is the fifth most frequently chosen place of arbitration and German law is the fourth most frequently chosen law. Even where the place of arbitration is outside Germany, German arbitration law plays an increasingly important role for the recognition and enforcement of awards. This particular significance is highlighted by Germany's strong export-oriented economy and is mirrored in the fact that German parties are the second most frequently encountered nationality among parties in ICC arbitrations worldwide.

Arbitration in Germany

Author : Karl-Heinz Böckstiegel
Publisher : Kluwer Law International
ISBN 13 : 9789041158604
Total Pages : 1169 pages
Book Rating : 4.1/5 (586 download)

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Book Synopsis Arbitration in Germany by : Karl-Heinz Böckstiegel

Download or read book Arbitration in Germany written by Karl-Heinz Böckstiegel and published by Kluwer Law International. This book was released on 2015 with total page 1169 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a country with a broad international reach, the German business community has always been-and remains-among the primary users of arbitration. Thus, when in 1998 Germany adopted with only slight modifications the UNCITRAL Model Law on Commercial Arbitration for both its international and domestic law, the stage was set for what promised to be a great proving ground for the Model Law, as Germany's courts would have to consider many diverse and complex issues arising under the new law-decisions that would benefit courts and practitioners everywhere. Now, this hugely valuable publication provides the first full, detailed commentary in English on the German arbitration law, as well as on the rules of the German Institution of Arbitration (DIS). Thirty-eight leading German lawyers and scholars deal comprehensively with the particular ways in which German law handles all arbitration matters.

Arbitration in Germany

Author : Karl-Heinz Böckstiegel
Publisher :
ISBN 13 :
Total Pages : 1284 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Arbitration in Germany by : Karl-Heinz Böckstiegel

Download or read book Arbitration in Germany written by Karl-Heinz Böckstiegel and published by . This book was released on 2007 with total page 1284 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration in Germany. The Model Law in Practice provides you with a comprehensive analysis of German arbitration law. Written by leading practitioners and academics, it provides insights both from, and for all legal sectors where arbitration plays a role. Until the first edition of this book, there had been no comprehensive and detailed presentation of the German arbitration law in English. In particular, no easily accessible Article by Article commentary existed. The positive feedback to this work, and the developments since its publication in 2007 have led to this timely new edition. You'll find a clear, detailed discussion of the many issues that can arise in the course of commercial arbitral proceedings. The authors offer comprehensive guidance to all parties either planning to arbitrate in Germany, or which are already involved in arbitral proceedings or arbitration-related court proceedings in Germany. The first full, detailed commentary in English on the German arbitration law, this work also includes the rules of the German Institution of Arbitration (DIS).--

International Arbitration Review

Author : James H Carter
Publisher : Law Business Research Ltd.
ISBN 13 : 1912377713
Total Pages : 592 pages
Book Rating : 4.9/5 (123 download)

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Book Synopsis International Arbitration Review by : James H Carter

Download or read book International Arbitration Review written by James H Carter and published by Law Business Research Ltd.. This book was released on 2017-09-19 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Arbitration Review, edited by James H Carter of Wilmer Cutler Pickering Hale and Dorr, provides an analytical review of what has occurred in each of the important arbitration jurisdictions during the past year, capturing recent developments and putting them in the context of the jurisdiction's legal arbitration structure and selecting the most important matters for comment. In this book, leading practitioners seek to provide current information on both general international commercial arbitration and international investment arbitration, treating important investor-state dispute developments in each jurisdiction as a separate but closely related topic. There are in-depth examinations of arbitration in 41 jurisdictions as well as editorial chapters on The Impact of Corporate Taxation on Economic Losses, and overviews on ASEAN and Africa. Contributors include: Bart Legum, Michelle Bradfield and Jean-Christophe Honlet, Dentons; James Nicholson, FTI Consulting."e;This new and timely publication promises to tackle pressing and present day global concerns and to make valuable contributions to the ongoing dialogue on international arbitration"e; - Peter Tomka, President, International Court of Justice, The Hague"e;Comprehensive and topical, an excellent reference."e; - Professor Christine Mallin, University of Birmingham Business School"e;The most discursive and engaging survey of the world of arbitration today."e; - Jamie Maples, Weil Gotshal & Manges LLP

Commercial Dispute Resolution in Germany

Author : Stefan Rützel
Publisher :
ISBN 13 : 9783406682254
Total Pages : 500 pages
Book Rating : 4.6/5 (822 download)

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Book Synopsis Commercial Dispute Resolution in Germany by : Stefan Rützel

Download or read book Commercial Dispute Resolution in Germany written by Stefan Rützel and published by . This book was released on 2016-01 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The DIS Arbitration Rules

Author : Gustav Flecke-Giammarco
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041190236
Total Pages : 921 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The DIS Arbitration Rules by : Gustav Flecke-Giammarco

Download or read book The DIS Arbitration Rules written by Gustav Flecke-Giammarco and published by Kluwer Law International B.V.. This book was released on 2020-03-20 with total page 921 pages. Available in PDF, EPUB and Kindle. Book excerpt: The new arbitration rules of the German Arbitration Institute (Rules) entered into force on 1 March 2018. Drafted over an intense period of eighteen months by a committee of globally recognized experts with the active participation of nearly 300 arbitration practitioners, the Rules stand poised to attract parties seeking dispute resolution not only in Germany but also internationally. This extraordinary book, written by the drafters themselves, with more than 550 pages of comprehensive article-by-article commentary, is filled with practical insights and recommendations regarding the application of the Rules. Each provision of the new Rules is given its own chapter, in which the following issues and topics are examined in depth for the specific rule under analysis: use of the provision in practice; modifications from the corresponding provision in the 1998 Rules; relationship to the relevant sections of the German Code of Civil Procedure; comparison with relevant regulations and practices in German State court proceedings; detailed expert commentary, including analysis of case law and legal scholarship; DIS practice concerning the application of the provision; and comparison with similar provisions in other arbitration rules. An annex contains an extensive collection of reference materials, including forms, schedule of costs and texts of various international arbitration documents. The authors and editors have vast experience as counsel and arbitrators in proceedings conducted under the auspices of the DIS and other arbitral institutions. Their intimate familiarity with all aspects of DIS case administration is of immeasurable value to all stakeholders in arbitral proceedings. A genuine user’s guide, the book explains how the new Rules are likely to be applied in practice by the arbitral institution, arbitrators and parties. Its practical tips regarding the effective conduct of DIS arbitrations elucidate best practices for counsel and arbitrators and make DIS’ day-to-day case management and decision-making processes more transparent and predictable for users of all levels of experience and expertise.

Confidentiality in International Commercial Arbitration

Author : Kyriaki Noussia
Publisher : Springer Science & Business Media
ISBN 13 : 3642102247
Total Pages : 200 pages
Book Rating : 4.6/5 (421 download)

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Book Synopsis Confidentiality in International Commercial Arbitration by : Kyriaki Noussia

Download or read book Confidentiality in International Commercial Arbitration written by Kyriaki Noussia and published by Springer Science & Business Media. This book was released on 2010-03-10 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration is an essential component in business. In an age when transparency is a maxim, important issues which the laws governing arbitration currently fail to address are the extent to which disclosure of information can be constrained by private agreement along with the extent to which the duty to preserve confidentiality can be stretched. Absent a coherent legal framework and extensive qualitative and quantitative data, it is equally difficult to suggest and predict future directions. This book offers a tool for attaining centralised access to otherwise fragmentary and dispersed material, as well as a comprehensive analysis and detailed exposition of the position in relation to confidentiality in arbitration in the jurisdictions of England, USA, France and Germany.

Commercial Arbitration in the Federal Republic of Germany

Author : Ottoarndt Glossner
Publisher : Springer
ISBN 13 :
Total Pages : 160 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Commercial Arbitration in the Federal Republic of Germany by : Ottoarndt Glossner

Download or read book Commercial Arbitration in the Federal Republic of Germany written by Ottoarndt Glossner and published by Springer. This book was released on 1984-11-30 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: Textbook on legal aspects of commercial and trade arbitration proceedings in Germany, Federal Republic - examines content of arbitration agreements incl. Parties involved, arbitrator's rights, duties, wages, type of contracts, arbitral awards and dispute settlements; defines the nature of the procedures of expertise incl. Quality arbitration; comments on legislation affecting arbitration. Bibliography.

Comparative International Commercial Arbitration

Author : Julian D. M. Lew
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041115684
Total Pages : 994 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Comparative International Commercial Arbitration by : Julian D. M. Lew

Download or read book Comparative International Commercial Arbitration written by Julian D. M. Lew and published by Kluwer Law International B.V.. This book was released on 2003-01-01 with total page 994 pages. Available in PDF, EPUB and Kindle. Book excerpt: This treatise describes the practice of international commercial arbitration with reference to the major international treaties and instruments, arbitration rules and national laws. It provides an analysis of the interaction between party autonomy and arbitration practice.

International Commercial Arbitration

Author : Franco Ferrari
Publisher : Edward Elgar Publishing
ISBN 13 : 1800882793
Total Pages : 288 pages
Book Rating : 4.8/5 (8 download)

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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.

Insolvency in Commercial Arbitration

Author : Fabian van den Ven
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403500778
Total Pages : 486 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Insolvency in Commercial Arbitration by : Fabian van den Ven

Download or read book Insolvency in Commercial Arbitration written by Fabian van den Ven and published by Kluwer Law International B.V.. This book was released on 2023-08-31 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt: The settling of disputes in international trade and in large and technically complex construction projects can hardly be imagined without the institution that is arbitration. Another thing we can be sure about is that insolvency will also remain a part of the lifecycle of business entities within the currently existing economic system. Whereas insolvency proceedings are heavily regulated with little leeway for the parties, the central tenet of arbitration is the autonomy of the parties. Hence this book aims to thoroughly investigate the many legal issues arising in arbitral proceedings when insolvency and arbitration clash. This interaction is increasingly frequent today. Providing much-needed practical guidance derived from a broad and deep theoretical discussion, the book covers such aspects as the following: the effect of insolvency on the arbitration agreement, the arbitration procedure (including a potential mandatory stay of proceedings), the arbitrator’s contract, and the arbitral award; the position of insolvency and arbitration within a legal order; the arbitrability of insolvency(-related) issues and claims; the possibility of determining claims in insolvency via arbitration; the determining of applicable law and conflict-of-laws rules, in particular when insolvency is opened in a different jurisdiction than that of the arbitration; and insolvency in arbitration within the application of the European Insolvency Regulation. After a chapter on the relevant background theories, the two main chapters of the book focus first on general issues that can arise in a domestic situation and second on problems particular to international cases of insolvency in arbitration. The primary domestic perspective is the German one, with abundant additional detail to fully embrace the international relevance of the discussion. The author concludes with a number of considerations, informed by practitioner feedback, discussions throughout the work, and as many arbitration case law examples as possible, for tribunals dealing with insolvency in arbitration. Based on a systematic application of arbitration and insolvency theory, the book provides an all-encompassing and holistic discussion, from before an arbitration is started to after the award has been enforced. In this way, the book provides a ‘one-stop-shop’ for practitioners, both lawyers and arbitrators, helping tribunals to navigate the treacherous waters of insolvency in arbitration.

International Arbitration in Germany

Author : Gerhard Wegen
Publisher :
ISBN 13 : 9783406792809
Total Pages : 0 pages
Book Rating : 4.7/5 (928 download)

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Book Synopsis International Arbitration in Germany by : Gerhard Wegen

Download or read book International Arbitration in Germany written by Gerhard Wegen and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new handbook deals with arbitration cases in Germany and cases governed by German law, both ad-hoc and institutional. It covers the following issues: Legal framework for international arbitration in Germany Considering arbitration for disputes in Germany (advantages of international arbitration; German institutional vs. ad-hoc arbitration; preparing for dispute in Germany) The arbitration agreement (formation, scope, effect, amendment, and termination of the arbitration agreement) The arbitral tribunal (jurisdiction; party autonomy; constitution of arbitral tribunal; contractual relationship between the arbitrators; rights of arbitrators; challenge of arbitrators; replacement of arbitrators) The arbitral procedure (the governing laws; place of arbitration and location of hearings; language of the arbitral proceedings; commencement of the arbitral proceedings; pleadings; oral hearing; default of a party; interim measures; state court assistance of arbitration; termination of arbitral proceedings) The arbitral award (applicable substantive law; the making of the award; content and form; delivery; types of awards; legal effect; publication; correction, and interpretation of award) Settlement (private settlement without award; award on agreed terms)

International Commercial Arbitration and the Brussels I Regulation

Author : Louise Hauberg Wilhelmsen
Publisher : Edward Elgar Publishing
ISBN 13 : 1788115058
Total Pages : 288 pages
Book Rating : 4.7/5 (881 download)

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Book Synopsis International Commercial Arbitration and the Brussels I Regulation by : Louise Hauberg Wilhelmsen

Download or read book International Commercial Arbitration and the Brussels I Regulation written by Louise Hauberg Wilhelmsen and published by Edward Elgar Publishing. This book was released on 2018-04-27 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Brussels I Regulation, which ensures the free circulation of judgments within the EU, was recently revised; one of the main issues addressed was whether the Regulation affects the efficient resolution of international commercial disputes through arbitration within the Union. This book provides an in depth examination of the interface between the Regulation and international commercial arbitration. The author demonstrates that the consequences of this interface can encourage the use of delaying tactics, hampering the efficient resolution of international disputes.

International Arbitration in Germany

Author : Marcel Barth
Publisher :
ISBN 13 : 9781472561817
Total Pages : 800 pages
Book Rating : 4.5/5 (618 download)

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Book Synopsis International Arbitration in Germany by : Marcel Barth

Download or read book International Arbitration in Germany written by Marcel Barth and published by . This book was released on 2020 with total page 800 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Principles and Practice of International Commercial Arbitration

Author : Margaret L. Moses
Publisher : Cambridge University Press
ISBN 13 : 1139469975
Total Pages : 91 pages
Book Rating : 4.1/5 (394 download)

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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.

International Commercial Arbitration

Author : Giuditta Cordero-Moss
Publisher : Cambridge University Press
ISBN 13 : 1107033489
Total Pages : 453 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis International Commercial Arbitration by : Giuditta Cordero-Moss

Download or read book International Commercial Arbitration written by Giuditta Cordero-Moss and published by Cambridge University Press. This book was released on 2013-03-14 with total page 453 pages. Available in PDF, EPUB and Kindle. Book excerpt: Highlights specific features of various international commercial arbitration forms, thus enabling lawyers drafting arbitration clauses to make informed choices.

Third-Party Funding in International Arbitration

Author : Lisa Bench Nieuwveld
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041161120
Total Pages : 330 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Third-Party Funding in International Arbitration by : Lisa Bench Nieuwveld

Download or read book Third-Party Funding in International Arbitration written by Lisa Bench Nieuwveld and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the first edition of this invaluable book in 2012, third-party funding has become more mainstream in international arbitration practice. However, since even the existence of a third-party funding agreement in a dispute is often kept secret, it can be difficult to glean the specifics of successful funding agreements. This welcome book, now updated, expertly reveals the nuances of third-party funding in international arbitration, examines the phenomenon in key jurisdictions, and provides a reliable resource for users and potential users that may wish to tap into and make use of this distinctive funding tool. Focusing on Australia, the United Kingdom, the United States, Germany, the Netherlands, Canada, and South Africa, the authors analyze and assess the legal regime based upon legislation, judicial opinions, ethics opinions, and practitioner anecdotes describing the state of third-party funding in each jurisdiction. In addition to updating summaries of the law of the various jurisdictions, the second edition includes a new chapter addressing third-party funding in investor-state arbitration. Among the issues raised and examined are the following: · payment of adverse costs; · “Before-the-Event” (BTE) and “After-the-Event” (ATE) insurance; · attorney financing: pro bono representation, contingency representation, conditional fee arrangements; · loans; · ethical doctrines affecting the third-party funding industry; · possible future bundling, securitization, and trading of legal claims; · risk that the funder may put its own interests ahead of the client’s interests; and · whether the existence of a funding agreement must or should be disclosed to the decision maker. The second edition also includes discussion of recent institutional developments as they relate to third-party funding, including the work of the ICCA-Queen Mary Task Force on Third-Party Funding and how third-party funding is being incorporated into arbitral rules and investment treaties. Ably providing a thorough understanding of what third-party funding entails and what legal parameters exist, this book will be of compelling interest to parties aiming to take advantage of the high values, speed, reduced evidentiary costs, outcome predictability, industry expertise, and high award enforceability characteristic of the third-party funding arrangements available in international arbitration.