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Author : Sayed Hassan Amin
Publisher : Hyperion Books
ISBN 13 : 9780946706464
Total Pages : 504 pages
Book Rating : 4.7/5 (64 download)
Download or read book Commercial Arbitration in Islamic and Iranian Law written by Sayed Hassan Amin and published by Hyperion Books. This book was released on 1988 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Maria Bhatti
Publisher : Routledge
ISBN 13 : 042988821X
Total Pages : 290 pages
Book Rating : 4.4/5 (298 download)
Download or read book Islamic Law and International Commercial Arbitration written by Maria Bhatti and published by Routledge. This book was released on 2018-09-27 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the intersection between contemporary International Commercial Arbitration and Shari?a law in order to determine possible tensions that may arise between the two systems. It develops evidentiary and procedural rules under Shari?a, as well as examining the consequences of stipulating qualifications of arbitrators based on gender and/or religion. The author extensively analyses the prohibition against interest (riba) and uncertainty (gharar) under Shari?a and its impact on arbitration agreements, arbitral awards and public policy. The book also explores the prohibition against riba in light of international conventions, such as the United Nations Convention on Contracts for the International Sale of Goods. Case studies in the book include the Asian International Arbitration Centre, formerly the Kuala Lumpur Regional Centre for Arbitration, and the International Islamic Centre for Reconciliation and Arbitration, as well as the ‘Shari’a Standards’ developed by the Accounting and Auditing Organization for Islamic Financial Institutions. The book will be a valuable resource for academics, students and practitioners working in the areas of Islamic law and the Islamic finance industry.
Author : Christopher S. Gibson
Publisher : Oxford University Press
ISBN 13 : 0199774412
Total Pages : 450 pages
Book Rating : 4.1/5 (997 download)
Download or read book The Iran-U.S. Claims Tribunal at 25 written by Christopher S. Gibson and published by Oxford University Press. This book was released on 2007-02-28 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Iran-United States Claims Tribunal, which has been called the most significant arbitral body in history, celebrated its 25th anniversary in 2006. As of mid-2005, the Tribunal had issued over 800 awards and decisions--a total of 600 awards (including partial awards and awards on agreed terms), 83 interlocutory and interim awards, and 133 decisions--in resolving almost 3000 cases. The Tribunal's awards have been described as the most important body of international arbitration jurisprudence. The significance of these decisions as persuasive authority is second to none. In this volume, experts in the field identify and comment on the Tribunal awards that are most important for international arbitration; i.e., the cases that everyone needs to know for investor-state and international commercial arbitration. The book approaches the Tribunal's work from a forward-looking perspective with emphasis on the continuing usefulness of awards and decisions issued by the Tribunal in international arbitration practice. In addition to original contributions from an array of eminent authors (all of whom have extensive experience at the Tribunal and/or in investor-State and international arbitration), this book includes excerpts of key awards discussed in the contributions, as well as appendices with foundational documents for the Tribunal. CONTRIBUTORS INCLUDE: · Roger P. Alford, Pepperdine University School of Law, former Legal Assistant, Iran-U.S. Claims Tribunal · David J. Bederman, Emory Law School, former Legal Assistant, Iran-U.S. Claims Tribunal · David D. Caron, C. William Maxeiner Distinguished Professor of Law, University of California, Berkeley, former Legal Assistant, Iran-U.S. Claims Tribunal · Jack J. Coe, Jr. Pepperdine University School of Law, former Legal Assistant, Iran-U.S. Claims Tribunal · Christopher R. Drahozal, John M. Rounds Professor of Law, University of Kansas School of Law; former Legal Assistant, Iran-U.S. Claims Tribunal · Christopher S. Gibson, Suffolk University Law School; former Legal Assistant, Iran-U.S. Claims Tribunal · Mark R. Joelson, Law Office of Mark R. Joelson · Lucinda A. Low, Steptoe & Johnson · Andrea J. Menaker, Office of the Legal Advisor, U.S. Department of State · Sean D. Murphy, George Washington University Law School, former U.S. Agent to the Iran-U.S. Claims Tribunal · Daniel M. Price, Sidley Austin, former Deputy U.S. Agent to the Iran-U.S. Claims Tribunal · Jeffrey F. Pryce, Steptoe & Johnson
Author : Sayyed Khalil Khalilian
Publisher : Trafford Publishing
ISBN 13 : 1466964545
Total Pages : 411 pages
Book Rating : 4.4/5 (669 download)
Download or read book Iran-United States Claims Arbitration written by Sayyed Khalil Khalilian and published by Trafford Publishing. This book was released on 2012 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: Iran-United States Claims Tribunal Reports, published by Grotius Publications, Cambridge University Press, comprising hitherto thirty-eight volumes. They are available on the shelves of all law and certain major courts and public libraries across the world. The main objective of the author in this work is to make the Tribunal's case law readily accessible through a systematic presentation of legal issues along with handy references to the volumes, pages, and paragraphs of the source as appeared in the Grotius Reports. It is for all practical purposes a concise compendium making the study of the Tribunal's jurisprudence within reach and a convenient source of study and reference for legal practitioners, law students, and academics in the field of international law arbitration.
Author : Emilia Justyna Powell
Publisher : Oxford University Press, USA
ISBN 13 : 0190064633
Total Pages : 329 pages
Book Rating : 4.1/5 (9 download)
Download or read book Islamic Law and International Law written by Emilia Justyna Powell and published by Oxford University Press, USA. This book was released on 2019 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Islamic Law and International Law is a comprehensive examination of differences and similarities between the Islamic legal tradition and international law, especially in the context of dispute settlement. Sharia embraces a unique logic and culture of justice--based on nonconfrontational dispute resolution--as taught by the Quran and the Prophet Muhammad. This book explains how the creeds of Islamic dispute resolution shape the Islamic milieu's views of international law. Is the Islamic legal tradition ab initio incompatible with international law, and how do states of the Islamic milieu view international courts, mediation, and arbitration? Islamic law constitutes an important part of the domestic legal system in many states of the Islamic milieu--Islamic law states--displacing secular law in state governance and affecting these states' contemporary international dealings. The book analyzes constitutional and subconstitutional laws in Islamic law states. The answer to the "Islamic law-international law nexus puzzle" lies in the diversity of how secular laws and religious laws fuse in domestic legal systems across the Islamic milieu. These states are not Islamic to the same degree or in the same way. Thus, different international conflict management methods appeal to different states, depending on each one's domestic legal system. The main claim of the book is that in many instances the Islamic legal tradition points in one direction while Western-based, secularized international law points in another direction. This conflict is partially softened by the reality that the Islamic legal tradition itself has elements fundamentally compatible with modern international law. Islamic legal tradition, international law, sharia settlement, peaceful dispute resolution"--
Author : Domenico Di Pietro
Publisher :
ISBN 13 : 9781874698975
Total Pages : 288 pages
Book Rating : 4.6/5 (989 download)
Download or read book Enforcement of International Arbitration Awards written by Domenico Di Pietro and published by . This book was released on 2001-01-01 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : American Society of International Law. Panel on State Responsibility
Publisher : Brill Nijhoff
ISBN 13 :
Total Pages : 536 pages
Book Rating : 4.F/5 ( download)
Download or read book The Iran-United States Claims Tribunal and the Process of International Claims Resolution written by American Society of International Law. Panel on State Responsibility and published by Brill Nijhoff. This book was released on 2000 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the Tribunal's structure, operations and evolution in search of the underlying patterns that characterize such international institutions, this valuable book records the diverse experiences and judgments of a group of outstanding lawyers, each of whom has played a significant role at some stage of the Tribunal's proceedings. The essays are grouped in three distinct stages in the Tribunal's history. The first group deals with the creation of the Tribunal, building upon the bare-boned framework laid down by the Claims Settlement Declaration. The second deals with the Tribunal at work, processing and deciding cases during the period when it gave greatest emphasis to resolving large commercial claims. The third deals with the present situation where the Tribunal has taken a docket first dominated by claims of U.S.-Iranian dual nationals against Iran and then by a small group of large and difficult claims between the two governments. Published under the auspices of the American Society of International Law. Published under the Transnational Publishers imprint.
Author : Parviz Owsia
Publisher : Springer
ISBN 13 :
Total Pages : 706 pages
Book Rating : 4.F/5 ( download)
Download or read book Formation of Contract:A Comparative Study Under English, French, Islamic, and Iranian Law written by Parviz Owsia and published by Springer. This book was released on 1994-02-07 with total page 706 pages. Available in PDF, EPUB and Kindle. Book excerpt: This major reference work compares the formation of contract in the legal systems of England, France, Iran and other Islamic systems. The Preliminary Part gives a historical sketch and describes the sources of law of the four legal systems. It then describes the development and general theory of contract law in the four systems. Part One then analyses in detail the basic notions of formation of contract including the range of psychological elements and their means of expression. The author then goes on to describe and compare the function and determination of offer and acceptance in the four legal systems. Part Two analyses the mechanism of formation and import of a contract in respect of both offer and acceptance. The book has been extensively researched and includes references to Roman law and other modern legal systems. The work has been meticulously indexed and cross-referenced.
Author : Gary B. Born
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403526440
Total Pages : 5388 pages
Book Rating : 4.4/5 (35 download)
Download or read book International Commercial Arbitration written by Gary B. Born and published by Kluwer Law International B.V.. This book was released on 2020-11-23 with total page 5388 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Commercial Arbitration is an authoritative 4,250 page treatise, in three volumes, providing the most comprehensive commentary and analysis, on all aspects of the international commercial arbitration process that is available. The Third Edition of International Commercial Arbitration has been comprehensively revised, expanded and updated, To include all legislative, judicial and arbitral authorities, and other materials in the field of international arbitration prior to June 2020. It also includes expanded treatment of annulment, recognition of awards, counsel ethics, arbitrator independence and impartiality and applicable law. The revised 4,250 page text contains references to more than 20,000 cases, awards and other authorities and will enhance the treatise’s position as the world’s leading work on international arbitration. The first and second editions of International Commercial Arbitration have been routinely relied on by courts and arbitral tribunals around the world ((including the highest courts of the United States, United Kingdom, Singapore, India, Hong Kong, New Zealand, Australia, the Netherlands and Canada) and international arbitral tribunals (including ICC, SIAC, LCIA, AAA, ICSID, SCC and PCA), e.g.: U.S. Supreme Court – GE Energy Power Conversion France SAS, Corp. v. Outokumpu Stainless USA, LLC, 590 U.S. - (U.S. S.Ct. 2020); BG Group plc v. Republic of Argentina, 572 U.S. 25 (U.S. S.Ct. 2014); Canadian Supreme Court – Uber v. Heller, 2020 SCC 16 (Canadian S.Ct.); Yugraneft Corp. v. Rexx Mgt Corp., [2010] 1 R.C.S. 649, 661 (Canadian S.Ct.); U.K. Supreme Court – Jivraj v. Hashwani [2011] UKSC 40, ¶78 (U.K. S.Ct.); Dallah Real Estate & Tourism Holding Co. v. Ministry of Religious Affairs, Gov’t of Pakistan [2010] UKSC 46 (U.K. S.Ct.); Swiss Federal Tribunal – Judgment of 25 September 2014, DFT 5A_165/2014 (Swiss Fed. Trib.); Indian Supreme Court – Bharat Aluminium v. Kaiser Aluminium, C.A. No. 7019/2005, ¶¶138-39, 142, 148-49 (Indian S.Ct. 2012); Singapore Court of Appeal – Rakna Arakshaka Lanka Ltd v. Avant Garde Maritime Servs. Ltd, [2019] 2 SLR 131 (Singapore Ct. App.); PT Perusahaan Gas Negara (Persero) TBK v. CRW Joint Operation, [2015] SGCA 30 (Singapore Ct. App.); Larsen Oil & Gas Pte Ltd v. Petroprod Ltd, [2011] SGCA 21, ¶19 (Singapore Ct. App.); Australian Federal Court – Hancock Prospecting Pty Ltd v. Rinehart, [2017] FCAFC 170 (Australian Fed. Ct.); Hague Court of Appeal – Judgment of 18 February 2020, Case No. 200.197.079/01 (Hague Gerechtshof); Arbitral Tribunals – Lao Holdings NV v. Lao People's Democratic Republic I, Award in ICSID Case No. ARB(AF)/12/6, 6 August 2019; Gold Reserve Inc. v. Bolivarian Republic of Venezuela, Decision regarding the Claimant’s and the Respondent’s Requests for Corrections, ICSID Case No. ARB(AF)/09/1, 15 December 2014; Total SA v. The Argentine Republic, Decision on Stay of Enforcement of the Award, ICSID Case No. ARB/04/01, 4 December 2014; Millicom Int'l Operations B.V. v. Republic of Senegal, Decision on Jurisdiction of the Arbitral Tribunal, ICSID Case No. ARB/08/20, 16 July 2010; Lemire v. Ukraine, Dissenting Opinion of Jürgen Voss, ICSID Case No. ARB/06/18, 1 March 2011.
Author : Joanna Jemielniak
Publisher : Routledge
ISBN 13 : 1317106210
Total Pages : 278 pages
Book Rating : 4.3/5 (171 download)
Download or read book Legal Interpretation in International Commercial Arbitration written by Joanna Jemielniak and published by Routledge. This book was released on 2016-04-22 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book fills a gap in legal academic study and practice in International Commercial Arbitration (ICA) by offering an in-depth analysis on legal discourse and interpretation. Written by a specialist in international business law, arbitration and legal theory, it examines the discursive framework of arbitral proceedings, through an exploration of the unique status of arbitration as a legal and semiotic phenomenon. Historical and contemporary aspects of legal discourse and interpretation are considered, as well as developments in the field of discourse analysis in ICA. A section is devoted to institutional and structural determinants of legal discourse in ICA in which ad hoc and institutional forms are examined. The book also deals with functional aspects of legal interpretation in arbitral discourse, focusing on interpretative standards, methods and considerations in decision-making in ICA. The comparative examinations of existing legal framework and case law reflect the international nature of the subject and the book will be of value to both academic and professional readers.
Author : Dennis Campbell
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041109404
Total Pages : 396 pages
Book Rating : 4.0/5 (411 download)
Download or read book Comparative Law Yearbook written by Dennis Campbell and published by Kluwer Law International B.V.. This book was released on 1996-10-10 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Yearbook offers an important forum for legal practitioners to address and compare practical legal issues of direct interest to their areas of specialisation. Each volume features a comprehensive range of articles written for and by leading practitioners and advisers working within the international business sector. This eighteenth volume contains chapters on: the law relating to banking competition dispute settlement foreign investment and secured transactions general commercial issues facing international businesses the various laws and regulations governing investment and the operating of companies in foreign countries (which should be of great interest to anyone involved with the business of multi-jurisdictional organizations.) banking regulations and the need to obtain security over transactions Other important issues covered in the general section of this volume are those of product safety, restraint of trade, clauses in employment contracts and the remedies available to foreign sellers of goods. All the above topics contribute to making this volume of the Yearbook a valuable tool for international legal practitioners and their clients.
Author : Charles Nelson Brower
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041106278
Total Pages : 958 pages
Book Rating : 4.1/5 (62 download)
Download or read book The Iran-United States Claims Tribunal written by Charles Nelson Brower and published by Martinus Nijhoff Publishers. This book was released on 1998-02-12 with total page 958 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Iran-United States Claims Tribunal is arguably the most significant arbitral institution of the twentieth century. Although the completion of its last few cases could take a long time, the Tribunal's impressive work must be made available now as a guide to the resolution of ongoing disputes and for future tribunals. The Tribunal has, by this point, disposed of well over 98 percent of its caseload. Little more remains for its participants to learn, but the Tribunal shows no signs of fading away. Both of the two States Parties, for different reasons, see greater advantage in the Tribunal's prolongation than in its elimination. The authors have succeeded in dealing with all of the most deserving Tribunal subjects. Moreover, their intimate involvement in and knowledge of the Tribunal ensure that their book is a fascinating, important, and indispensable contribution to the literature of International Law. This is a definitive book on a monumental event in the law and in history at the close of a century. "The Iran-United States Claims Tribunal" was awarded the ASIL Certificate of Merit.
Author : Christopher R. Drahozal
Publisher : Oceana Publications
ISBN 13 : 0195325141
Total Pages : 469 pages
Book Rating : 4.1/5 (953 download)
Download or read book The Iran-U.S. Claims Tribunal at 25 written by Christopher R. Drahozal and published by Oceana Publications. This book was released on 2007 with total page 469 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Provides an essential resource for lawyers and parties involved in investor-state and international commercial disputes." "Thoroughly examines the ongoing relevance of the Tribunal's decisions and awards for the burgeoning field of investor-State arbitration with a forward-looking perspective." "Eminent practitioners have selected from among the hundreds of awards and decisions of the Tribunal those with the most significance - giving you the substance you need for your current arbitrations." "Each chapter is an original contribution by an internationally respected author - all of whom have either extensive experience in investor-State arbitration or worked on matters before the Tribunal - or both."
Author : Alec Stone Sweet
Publisher : Oxford University Press
ISBN 13 : 0191060240
Total Pages : 272 pages
Book Rating : 4.1/5 (91 download)
Download or read book The Evolution of International Arbitration written by Alec Stone Sweet and published by Oxford University Press. This book was released on 2017-02-10 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: The development of international arbitration as an autonomous legal order comprises one of the most remarkable stories of institution building at the global level over the past century. Today, transnational firms and states settle their most important commercial and investment disputes not in courts, but in arbitral centres, a tightly networked set of organizations that compete with one another for docket, resources, and influence. In this book, Alec Stone Sweet and Florian Grisel show that international arbitration has undergone a self-sustaining process of institutional evolution that has steadily enhanced arbitral authority. This judicialization process was sustained by the explosion of trade and investment, which generated a steady stream of high stakes disputes, and the efforts of elite arbitrators and the major centres to construct arbitration as a viable substitute for litigation in domestic courts. For their part, state officials (as legislators and treaty makers), and national judges (as enforcers of arbitral awards), have not just adapted to the expansion of arbitration; they have heavily invested in it, extending the arbitral order's reach and effectiveness. Arbitration's very success has, nonetheless, raised serious questions about its legitimacy as a mode of transnational governance. The book provides a clear causal theory of judicialization, original data collection and analysis, and a broad, relatively non-technical overview of the evolution of the arbitral order. Each chapter compares international commercial and investor-state arbitration, across clearly specified measures of judicialization and governance. Topics include: the evolution of procedures; the development of precedent and the demand for appeal; balancing in the public interest; legitimacy debates and proposals for systemic reform. This book is a timely assessment of how arbitration has risen to become a key component of international economic law and why its future is far from settled.
Author : Laila Al-Zwaini
Publisher : BRILL
ISBN 13 : 9004492666
Total Pages : 252 pages
Book Rating : 4.0/5 (44 download)
Download or read book A Bibliography of Islamic Law, 1980-1993 written by Laila Al-Zwaini and published by BRILL. This book was released on 2021-12-06 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: This bibliography offers a new and indispensable tool for both researchers and practitioners in the field of Islamic law. It supplements the bibliographies published by Joseph Schacht (1964) and John Makdisi (1987) and includes some 1,600 Western-language publications which have appeared between 1980 and 1993. It contains a general and a regional section. With regard to the latter, the main focus is on the Middle East (including Afghanistan and North Africa), although publications in South and Southeast Asia have also been included. In order to facilitate its use, an authors' index and a subject index have been added.
Author : Mahmoud Fard Kardel
Publisher : Routledge
ISBN 13 : 100069979X
Total Pages : 185 pages
Book Rating : 4.0/5 (6 download)
Download or read book The Development of Iran’s Upstream Oil and Gas Industry written by Mahmoud Fard Kardel and published by Routledge. This book was released on 2019-09-12 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically examines different forms of petroleum contracts, the historical perspective of the oil and gas industry and the political economy of the petroleum development in Iran. In doing this, the author provides analysis of the concept of concession in oil and gas development. This is discussed through the main forms of concession contracts; namely, the classic concession contract (CCC) and the new concession contract (NCC). The book ties together much of the existing work on the history of oil and gas regulation in Iran and builds on that foundation to propose a coherent and balanced approach within the framework of the NCC. To consider the role of the NCC in developing national upstream oil and gas industry, comparative examples are drawn from countries currently using, or having previously used, NCC oil and gas contracts. The selected developed and developing countries are Brazil, Thailand, the United Kingdom, Australia and Norway. The analysis considers the extent to which the NCC has served to advance the objectives and national interests of the national governments in this industry. The book involves a comparative exploration of the utilisation of NCCs in other jurisdictions and synthesises a framework through which Iran may develop its underutilised oil and gas resources. Of interest to academics, students and practitioners throughout the world, this book focuses on the relevant aspects of Iran’s Constitution and natural resource laws and makes recommendations for law reform to Iran’s legal frameworks.
Author : IBP
Publisher : Lulu.com
ISBN 13 : 1438770081
Total Pages : 309 pages
Book Rating : 4.4/5 (387 download)
Download or read book Iran Business Law Handbook Volume 1 Strategic Information and Basic Laws written by IBP and published by Lulu.com. This book was released on 2016-02-12 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: Iran Business Law Handbook - Strategic Information and Basic Laws
