Conflict Of Laws And Arbitral Discretion

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Conflict of Laws and Arbitral Discretion

Author : Benjamin Hayward
Publisher :
ISBN 13 : 9780198787440
Total Pages : 352 pages
Book Rating : 4.7/5 (874 download)

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Book Synopsis Conflict of Laws and Arbitral Discretion by : Benjamin Hayward

Download or read book Conflict of Laws and Arbitral Discretion written by Benjamin Hayward and published by . This book was released on 2017-01-05 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration is the dispute resolution method of choice in international commerce, but it rests on a complex legal foundation. In many international commercial contracts, the parties will choose the law governing any future disputes. However, where the parties do not choose a governing law, theprevailing approach in arbitration is to afford arbitrators broad and largely unfettered discretion to choose the law considered most appropriate or most applicable. The uncertainty resulting from this discretion potentially affects the parties' rights and obligations, the performance of theircontract, the presentation of their cases, and negotiations undertaken to settle their disputes.In this text, Dr Benjamin Hayward critically reviews the prevailing approach to the conflict of laws in international commercial arbitration. The text adopts a focused and detail-oriented analysis - being based on a study of more than 130 sets of arbitral laws and rules from around the world, anddrawing heavily on arbitral case law. Nevertheless, it remains both practical and accessible, taking as its focus the needs and expectations of commercial parties, who are the ultimate users of international commercial arbitration.This text identifies the difficulties that result from resolving conflicts of laws through broad and unconstrained arbitral discretions. It establishes that a bright-line test would be a preferable way to resolve arbitral conflicts of laws. Specifically, it recommends a modified Art. 4 RomeConvention rule as the ideal basis for law reform in this area of arbitral procedure.

Conflict of Laws in International Commercial Arbitration

Author : Franco Ferrari (juriste).)
Publisher :
ISBN 13 : 9781944825317
Total Pages : 800 pages
Book Rating : 4.8/5 (253 download)

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Book Synopsis Conflict of Laws in International Commercial Arbitration by : Franco Ferrari (juriste).)

Download or read book Conflict of Laws in International Commercial Arbitration written by Franco Ferrari (juriste).) and published by . This book was released on 2019 with total page 800 pages. Available in PDF, EPUB and Kindle. Book excerpt: La 4e de couverture indique : "It is often asserted that conlfict of laws rules are not as relevant in the context of international arbitration as they are in that of judicial proceddings. Acording to some commentators, it is, inter alia, to avoid the complicated conflict of laws methodology that parties opt for international arbitration, since they assume that arbitral tribunals do not apply conflict of laws rules. As recent case law from a number of jurisdictions shows, the assumtions behind these assertions is incorrect. This book addresses some of the most important conflicts of laws problems that may arise in connection with the various stages of arbitral proceddings."

Forum Shopping and Venue in Transnational Litigation

Author : Andrew S. Bell
Publisher : Oxford Private International L
ISBN 13 : 9780199248186
Total Pages : 402 pages
Book Rating : 4.2/5 (481 download)

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Book Synopsis Forum Shopping and Venue in Transnational Litigation by : Andrew S. Bell

Download or read book Forum Shopping and Venue in Transnational Litigation written by Andrew S. Bell and published by Oxford Private International L. This book was released on 2003 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rules by which a venue is selected and settled upon for the resolution of any given transnational dispute have fostered a complex, fascinating and burgeoning body of law of great commercial significance. As courts and legislatures seek to fashion sophisticated yet practicaljurisdictional responses to this issue, practitioners strive to maximize their clients' prospects of success by securing their own preferred venue. For so long as different forums yield the prospect of different outcomes in the resolution of any given dispute, litigation about where to litigate isinevitable.Forum shopping is the province of plaintiffs and defendants alike. This book examines the fascinating competition to win the battle for venue in transnational litigation.It first identifies and analyses the pre-conditions and incentives for forum shopping. These serve to explain not only the frequent intensity of interlocutory litigation relating to questions of venue but also the reason why much transnational litigation settles once the issue of venue is resolved,in turn underlining the practical significance of the subject. The guiding principle of the 'natural forum' - the common law's conceptual response to disputed questions of venue - is subjected to detailed analysis and compared with the more orderly response of jurisdiction-regulating conventions,most successfully effected in EU Regulation 44/2001 and its progenitor, the Brussels Convention. Then the various techniques of what can be called 'reverse forum shopping' including the evolving law relating to anti-suit injunctions and its interplay with the concept of international judicialcomity are considered in detail. Finally, the book examines the role of, and the law relating to, jurisdiction and arbitration agreements in transnational litigation, including the manifold techniques by which parties seek to (and frequently do) extricate themselves from these forum-selectionarrangements.

Arbitration and International Trade in the Arab Countries

Author : Nathalie Najjar
Publisher : BRILL
ISBN 13 : 9004357483
Total Pages : 1340 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Arbitration and International Trade in the Arab Countries by : Nathalie Najjar

Download or read book Arbitration and International Trade in the Arab Countries written by Nathalie Najjar and published by BRILL. This book was released on 2017-10-23 with total page 1340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration and International Trade in the Arab Countries by Nathalie Najjar is masterful compendium of arbitration law in the Arab countries. A true study of comparative law in the purest sense of the term, the work puts into perspective the solutions retained in the various laws concerned and highlights both their convergences and divergences. Focusing on the laws of sixteen States, the author examines international trade arbitration in the MENA region and assesses the value of these solutions in a way that seeks to guide a practice which remains extraordinarily heterogeneous. The book provides an analysis of a large number of legal sources, court decisions as well as a presentation of the attitude of the courts towards arbitration in the States studied. Traditional and modern sources of international arbitration are examined through the prism of the two requirements of international trade, freedom and safety, the same prism through which the whole law of arbitration is studied. The book thus constitutes an indispensable guide to any arbitration specialist called to work with the Arab countries, both as a practitioner and as a theoretician.

Research Handbook on Unilateral and Extraterritorial Sanctions

Author : Beaucillon, Charlotte
Publisher : Edward Elgar Publishing
ISBN 13 : 1839107855
Total Pages : 512 pages
Book Rating : 4.8/5 (391 download)

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Book Synopsis Research Handbook on Unilateral and Extraterritorial Sanctions by : Beaucillon, Charlotte

Download or read book Research Handbook on Unilateral and Extraterritorial Sanctions written by Beaucillon, Charlotte and published by Edward Elgar Publishing. This book was released on 2021-08-27 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing a unique analytical framework to capture a diverse, fragmented and highly evolving practice, the Research Handbook on Unilateral and Extraterritorial Sanctions is the key original reference work covering how sanctions have indisputably become central instruments of foreign policy. This discerning Research Handbook combines a series of case studies and cross-cutting analyses. It reflects the levers and evolution of international law and practice in the field, as well as covering important topics over multiple disciplines, particularly in international law and international relations. Featuring diverse contributions from a selection of esteemed scholars, the Research Handbook’s chapters provide an unprecedented analysis of the evolution of diplomatic, legal and business practices and tackle topical legal issues arising from unilateral and extraterritorial sanctions. Offering a unique panorama of contemporary practice, this 360-degree study will be of interest to legal academics and their students as well as practitioners in both the public and private sectors.

International Arbitration: Law and Practice in Switzerland

Author : Gabrielle Kaufmann-Kohler
Publisher : Oxford University Press
ISBN 13 : 0191669199
Total Pages : 732 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis International Arbitration: Law and Practice in Switzerland by : Gabrielle Kaufmann-Kohler

Download or read book International Arbitration: Law and Practice in Switzerland written by Gabrielle Kaufmann-Kohler and published by Oxford University Press. This book was released on 2015-10-22 with total page 732 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book expounds the theory of international arbitration law. It explains in easily accessible terms all the fundamentals of arbitration, from separability of the arbitration agreement to competence-competence over procedural autonomy, finality of the award, and many other concepts. It does so with a focus on international arbitration law and jurisprudence in Switzerland, a global leader in the field. With a broader reach than a commentary of Chapter 12 of the Swiss Private International Law Act, the discussion contains numerous references to comparative law and its developments in addition to an extensive review of the practice of international tribunals. Written by two well-known specialists - Professor Kaufmann-Kohler being one of the leading arbitrators worldwide and Professor Rigozzi one of the foremost experts in sports arbitration - the work reflects many years of experience in managing arbitral proceedings involving commercial, investment, and sports disputes. This expertise is the basis for the solutions proposed to resolve the many practical issues that may arise in the course of an arbitration. It also informs the discussion of the arbitration rules addressed in the book, from the ICC Arbitration Rules to the Swiss Rules of International Arbitration, the CAS Code, and the UNCITRAL Rules. While the book covers commercial and sports arbitrations primarily, it also applies to investment arbitrations conducted under rules other than the ICSID framework.

Cambridge Compendium of International Commercial and Investment Arbitration

Author : Stefan Kröll
Publisher : Cambridge University Press
ISBN 13 : 1009302388
Total Pages : 3006 pages
Book Rating : 4.0/5 (93 download)

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Book Synopsis Cambridge Compendium of International Commercial and Investment Arbitration by : Stefan Kröll

Download or read book Cambridge Compendium of International Commercial and Investment Arbitration written by Stefan Kröll and published by Cambridge University Press. This book was released on 2023-03-02 with total page 3006 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Compendium, like an encyclopedia, contains entries for most of the foundational principles and concepts underlying arbitration. Each entry takes a holistic view of international arbitration, as they tackle core concepts from both a commercial and an investment arbitration perspective, focusing on the fundamental issues underlying the various topics rather than on the solutions adopted in any particular jurisdiction, thus making the Compendium a truly cross-border, transnational resource. This innovative approach will allow readers to identify the commonalities as well as the differences between commercial and investment arbitration, whether and where cross-fertilization has taken place and what consequences it can have. This approach allows the Compendium to be a tool in promoting the creation of a culture of international arbitration that considers commercial arbitration and investment arbitration as part of a whole but with certain distinct features particular to each.

A Guide to the ICDR International Arbitration Rules

Author : Martin F. Gusy
Publisher : Oxford University Press, USA
ISBN 13 : 0199596840
Total Pages : 439 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis A Guide to the ICDR International Arbitration Rules by : Martin F. Gusy

Download or read book A Guide to the ICDR International Arbitration Rules written by Martin F. Gusy and published by Oxford University Press, USA. This book was released on 2011-04-07 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: A rule-by-rule commentary on the genesis, interpretation and application of the International Centre for Dispute Resolution (ICDR) Rules. The book is designed to give arbitrators, practitioners and academics a first port of call when considering ICDR arbitration, and provide the first stand-alone comprehensive commentary on these important rules.

The Principles and Practice of International Commercial Arbitration

Author : Margaret L. Moses
Publisher : Cambridge University Press
ISBN 13 : 100944476X
Total Pages : 433 pages
Book Rating : 4.0/5 (94 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 2024-02 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides immediate access to the world of international commercial arbitration, which is the favoured method of international dispute resolution.

International Dispute Resolution

Author : Vesna Lazić
Publisher : Springer
ISBN 13 : 946265252X
Total Pages : 131 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis International Dispute Resolution by : Vesna Lazić

Download or read book International Dispute Resolution written by Vesna Lazić and published by Springer. This book was released on 2018-07-26 with total page 131 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contributions in this book cover a wide range of topics within modern disputeresolution, which can be summarised as follows: harmonisation, enforcement andalternative dispute resolution. In particular, it looks into the impact of harmonisedEU law on national rules of civil procedure and addresses the lack of harmonisationin the US regarding the recognition and enforcement of foreign judgments. Furthermore,the law on enforcement is examined, not only by focusing on US law, but also onhow to attach assets in order to enforce a judgment. Finally, it addresses certain typesof alternative dispute resolution. In addition, the book looks into the systems andcultures of dispute resolution in several regions of the world, such as the EU, the US andChina, that have a high impact on globalisation. Hence, the book is diverse in the senseof dealing with multiple issues in the field of modern dispute resolution./div The book offers explorations of the impact of international rules and EU law on domesticcivil procedure, through case studies from, among others, the US, China, Belgium andthe Netherlands. The relevance of EU law for the national debate and its impact on theregulation of civil procedure is also considered. Furthermore, several contributions discussthe necessity and possibility of harmonisation in the emergency arbitrator mechanisms inthe EU. The harmonisation of private international law rules within the EU, particularlythose of a procedural nature, is juxtaposed to the lack thereof in the US. Also, the bookoffers an overview of the current dispute settlement mechanisms in China. The publication is primarily meant for legal academics in private international law andcivil procedure. It will also prove useful to practitioners regularly engaged in cross-borderdispute resolution and will be of added value to advanced students, as well as to those withan interest in international litigation and more generally in the area of dispute resolution. Vesna Lazić is Senior Researcher at the T.M.C. Asser Institute, Associate Professor ofPrivate Law at Utrecht University and Professor of European Civil Procedure at theUniversity of Rijeka. Steven Stuij is an expert in Private International Law and a PhD Candidate/GuestResearcher at the Erasmus School of Law, Rotterdam. Ton Jongbloed is Guest Editor on this volume./div

Handbook of Evidence in International Commercial Arbitration

Author : Franco Ferrari
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403543248
Total Pages : 690 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Handbook of Evidence in International Commercial Arbitration by : Franco Ferrari

Download or read book Handbook of Evidence in International Commercial Arbitration written by Franco Ferrari and published by Kluwer Law International B.V.. This book was released on 2022-04-07 with total page 690 pages. Available in PDF, EPUB and Kindle. Book excerpt: In arbitration, evidence provides the basis for almost every decision, be it procedural, jurisdictional, or substantive. However, users from different legal traditions may not share the same understanding as to how an arbitral tribunal ought to proceed in this regard. Therefore, it is important for lawyers to know how to collect, develop, and present evidence in arbitration proceedings, not only from a legal perspective but also from a cultural point of view. It is against this backdrop that the editors have invited a diverse group of distinguished arbitration practitioners and academics to contribute to this matchless Handbook of Evidence in International Commercial Arbitration. Key concepts and issues related to evidence in arbitration covered include the following: the normative framework on evidence in arbitration proceedings; the burden and standard of proof; means of evidence, including documents, experts, and witnesses; questions of admissibility, including issues of privilege and confidentiality; the assessment of evidence and its probative value; court assistance and sanctions. With its systematic analysis of the key concepts of evidence, holistic discussion of the applicable normative framework, cross-cultural perspectives on the taking of evidence in arbitration, and reference to case law from major arbitration hubs, this book will become an undisputed point of reference for academics and practitioners alike. Critical acclaim: “This handbook elegantly captures the range of issues that arises regarding evidence in international arbitration. Bringing together the foremost experts in the field, each contribution offers a thoughtful analysis on these issues and the compilation deserves a prominent spot in every practitioner’s arbitral library.” Chiann Bao, Independent Arbitrator (Arbitration Chambers) and Vice President of the ICC Court of Arbitration “This publication well deserves recognition as a landmark handbook on evidence in international commercial arbitration. It comprehensively discusses the whole evidentiary process from its foundations taking a comparative and harmonizing perspective as well as the burden and standards of proof to the various evidentiary means up to the assessment of evidence. Written by leading academics and practitioners from all over the world, it will be a safe haven for anyone facing discrete evidentiary issues and looking for answers to fundamental or actual questions including as to privileges, confidentiality, virtual hearings or data protection.” Professor Filip De Ly, Chair of the ILA International Commercial Arbitration Committee

Set-off Defences in International Commercial Arbitration

Author : Christiana Fountoulakis
Publisher : Bloomsbury Publishing
ISBN 13 : 1847316204
Total Pages : 284 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Set-off Defences in International Commercial Arbitration by : Christiana Fountoulakis

Download or read book Set-off Defences in International Commercial Arbitration written by Christiana Fountoulakis and published by Bloomsbury Publishing. This book was released on 2010-12-22 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book deals with set-off in international arbitration proceedings. In these proceedings, set-off is frequently the tool relied upon to resist a claim. At the same time, the legal intricacies make it hard to use. The first part of the book provides a survey of set-off, including its definition, significance and functions. The second part offers a thorough comparative analysis of selected European laws of set-off and reveals the dramatic differences between them. The third and last part of the book deals with the problematic consequences of these differences and shows the limits and the inadequacy of the traditional choice-of-law doctrines. While demonstrating how to overcome the practical hurdles of the present situation, the third part also offers normative alternatives that should provide significant help in the adjudication of commercial disputes. This title is included in Bloomsbury Professional's International Arbitration online service.

Shares and Other Securities in the Conflict of Laws

Author : Maisie Ooi
Publisher : Oxford University Press, USA
ISBN 13 : 9780199256136
Total Pages : 398 pages
Book Rating : 4.2/5 (561 download)

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Book Synopsis Shares and Other Securities in the Conflict of Laws by : Maisie Ooi

Download or read book Shares and Other Securities in the Conflict of Laws written by Maisie Ooi and published by Oxford University Press, USA. This book was released on 2003 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author examines the problems of choice of law relating to shares and other securities.

UNCITRAL Model Law on International Commercial Arbitration

Author : Ilias Bantekas
Publisher : Cambridge University Press
ISBN 13 : 9781108498234
Total Pages : 650 pages
Book Rating : 4.4/5 (982 download)

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Book Synopsis UNCITRAL Model Law on International Commercial Arbitration by : Ilias Bantekas

Download or read book UNCITRAL Model Law on International Commercial Arbitration written by Ilias Bantekas and published by Cambridge University Press. This book was released on 2020-02-29 with total page 650 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive commentary on the UNCITRAL Model Law on International Arbitration. Combining both theory and practice, it is written by leading academics and practitioners from Europe, Asia and the Americas to ensure the book has a balanced international coverage. The book not only provides an article-by-article critical analysis, but also incorporates information on the reality of legal practice in UNCITRAL jurisdictions, ensuring it is more than a recitation of case law and variations in legal text. This is not a handbook for practitioners needing a supportive citation, but rather a guide for practitioners, legislators and academics to the reasons the Model Law was structured as it was, and the reasons variations have been adopted.

The Idea of Arbitration

Author : Jan Paulsson
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.

The Foundation of Choice of Law

Author : Sagi Peari
Publisher : Oxford University Press
ISBN 13 : 019062230X
Total Pages : 345 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis The Foundation of Choice of Law by : Sagi Peari

Download or read book The Foundation of Choice of Law written by Sagi Peari and published by Oxford University Press. This book was released on 2018 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the subject of choice of law as a whole and provides an analysis of its various rules, principles, doctrines and concepts. It offers a conceptual account of choice of law, called "choice equality foundation" (CEF), which aims to flesh out the normative basis of the subject. The author reveals that, despite the multiplicity of titles and labels within the myriad choice of law rules and practices of the U.S., Canadian, European, Australian, and other systems, many of them effectively confirm and crystallize CEF's vision of the subject. This alignment signifies the necessarily intimate relationship between theory and practice by which the normative underpinnings of CEF are deeply embedded and reflected in actual practical reality. Among other things, this book provides a justification of the nature and limits of such popular principles as party autonomy, most significant relationship, and closest connection. It also discusses such topics as the actual operation of public policy doctrine in domestic courts, and the relation between the notion of international human rights and international commercial dealings, and makes some suggestions about the ability of traditional rules to cope with the advancing challenges of the digital age and the Internet.

International Commercial Arbitration: Commentary and Materials

Author : Gary Born
Publisher : BRILL
ISBN 13 : 900450222X
Total Pages : 1171 pages
Book Rating : 4.0/5 (45 download)

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Book Synopsis International Commercial Arbitration: Commentary and Materials by : Gary Born

Download or read book International Commercial Arbitration: Commentary and Materials written by Gary Born and published by BRILL. This book was released on 2021-11-15 with total page 1171 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Commercial Arbitration contains detailed commentary, case analyses, and practice pointers. Full annotations and footnotes provide invaluable research assistance, while clearly-written analyses identify and discuss critical issues. Representative international arbitral awards and national court decisions are excerpted, and detailed reference is made to leading institutional rules. Detailed appendices, an easy-to-use Table of Contents, and an extensive index to aid research and provide ready access to key materials. Co-publication with Kluwer Law International. North American sales rights only. Published under the Transnational Publishers imprint. For class adoption a student edition is available for