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Damages In International Arbitration Under Complex Long Term Contracts
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Book Synopsis Damages in International Arbitration Under Complex Long-term Contracts by : Herfried Wöss
Download or read book Damages in International Arbitration Under Complex Long-term Contracts written by Herfried Wöss and published by . This book was released on 2015 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: Damages are a topic of central importance in international arbitration, being very often the principal concern of the parties, and an indication of the performance of their counsel. They are also one of the most complex topics. This book addresses the many competing factors that contribute to their nature and amount: while they are compensatory, they may be subject to counterclaims and set-offs, affected by failures to mitigate, or inflated by considerations such as interest and costs.
Book Synopsis Damages in International Arbitration under Complex Long-term Contracts by : Herfried Wöss
Download or read book Damages in International Arbitration under Complex Long-term Contracts written by Herfried Wöss and published by OUP Oxford. This book was released on 2014-03 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a detailed analysis of the legal and financial matters arising from the formulation of claims to the award of damages and loss of income, in the case of breach of long-term complex contracts in international arbitration. It tackles the challenges of structuring claims and awarding damages, with focused examination of the but-for method.
Book Synopsis Damages in International Arbitration Under Complex Long-Term Contracts by : Herfried Wöss
Download or read book Damages in International Arbitration Under Complex Long-Term Contracts written by Herfried Wöss and published by . This book was released on with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a detailed analysis of the legal and financial matters arising from the formulation of claims to the award of damages and loss of income, in the case of breach of long-term complex contracts in international arbitration. It tackles the challenges of structuring claims and awarding damages, with focused examination of the but-for method.
Book Synopsis Guide to Damages in International Arbitration by : John A Trenor
Download or read book Guide to Damages in International Arbitration written by John A Trenor and published by Law Business Research Ltd.. This book was released on 2016-11-05 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: Global Arbitration Review's The Guide to Damages in International Arbitrationis a desktop reference work for those who'd like greater confidence when dealing with the numbers. The guide, edited by John A. Trenor of Wilmer Cutler Pickering Hale and Dorr LLP, covers all aspects of damages - from the legal principles applicable, to the main valuation techniques and their mechanics, to industry-specific questions, and topics such as tax and currency. For each of the major methodologies employed by damages experts the book describes the basics of the approach, the areas of general agreement, and the points at which consensus can break down. The book acts as a compass for non-accountants and non-economists, enabling them to argue or umpire the damages part of cases more effectively. This guide contains 27 chapters, sectioned into four parts: I. Legal Principles Applicable to the Award of Damages II. Procedural Issues and the Use of Damages Experts III. Approaches and Methods for the Assessment and Quantification of Damages IV. Industry-Specific Damages Issues. Contributors include top names at organisations like White & Case LLP, Freshfields Bruckhaus Deringer LLP, PricewaterhouseCoopers LLP and Victoria University. 'The Global Arbitration Review Guide to Damages in International Arbitration covers most issues likely to be faced by arbitrators, counsel and experts. The twenty-six chapters are written by experts in their respective fields. Their advice is down to earth and practical. The Guide fulfills the aim described by John Trenor in his Introduction: "e; to make the subject of damages in international arbitration more understandable and less intimidating for arbitrators and other participants in the field and to help participants present these issues more effectively to tribunals."e;'- Anthony Connerty, Barrister in practice, IDR Group and 4-5 Gray's Inn Square
Book Synopsis The Guide to Damages in International Arbitration by : John A. Trenor
Download or read book The Guide to Damages in International Arbitration written by John A. Trenor and published by . This book was released on 2020 with total page 503 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Damages in International Arbitration Guide by : John A. Trenor
Download or read book Damages in International Arbitration Guide written by John A. Trenor and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Contractual Renegotiations and International Investment Arbitration by : Aikaterini Florou
Download or read book Contractual Renegotiations and International Investment Arbitration written by Aikaterini Florou and published by BRILL. This book was released on 2020-03-02 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Contractual Renegotiations and International Investment Arbitration, Aikaterini Florou explores the complex phenomenon of the renegotiation of investor-state contracts. The author reconstructs the relationship between those contracts and the overarching investment treaties using an original interpretative methodology based on transaction cost economics and relational contract theory.
Book Synopsis The Adaptation of Long-Term Gas Sale Agreements by Arbitrators by : Pietro Ferrario
Download or read book The Adaptation of Long-Term Gas Sale Agreements by Arbitrators written by Pietro Ferrario and published by Kluwer Law International B.V.. This book was released on 2017-04-15 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: International commercial gas sale agreements are often characterised by a duration of twenty years or more. Consequently, when unforeseen events alter market conditions the contractual equilibrium originally found by the parties is disrupted, giving rise to the necessity to renegotiate and adapt the agreement. If negotiation fails, the parties in most cases submit the matter to arbitration. This comprehensive analysis of what can happen under such circumstances proceeds from an in-depth consideration of the power of arbitrators to intervene on the agreement in the light of arbitrability and procedural law. The author fully explains the complex special nature of gas pricing and contract clauses, and takes into account such features as the following, especially in the wake of the 2009 crisis as it affected the gas sector: - take or pay clauses; - mechanisms for gas price calculation; - price review and price re-opener clauses; - hardship provisions; - problems arising from the absence of a specific clause providing for adaptation/adjustment; - effect on contracts of the emergence and development of spot or traded gas markets; and - trend toward introducing spot-market elements into an oil-indexed price formula. The analysis draws on interviews with lawyers and arbitrators who have been involved in recent proceedings regarding gas sale contract adaptations, and also considers court decisions issued in setting aside or enforcing arbitration awards handed down in energy disputes. A central discussion throughout this book is the possible responses to the question of whether it is possible to determine a principle of law justifying the arbitrator’s power to intervene in contract adaptation. All professionals involved in the production, wholesaling, or distribution of gas will find this book indispensable. It will also be of special value to practitioners, policymakers, and regulators in the fields of energy law and environmental law.
Book Synopsis Calculation of Compensation and Damages in International Investment Law by : Irmgard Marboe
Download or read book Calculation of Compensation and Damages in International Investment Law written by Irmgard Marboe and published by Oxford International Arbitrati. This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction --The Function of Compensation and Damages --Valuation Standards and Criteria --International Standards, Bases of Value, and Valuation Approaches --Methods of Valuation in International Practice --Interest --Conclusions.
Book Synopsis Evaluation of Damages in International Arbitration by : Yves Derains
Download or read book Evaluation of Damages in International Arbitration written by Yves Derains and published by . This book was released on 2006 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis International Arbitration and EU Law by : José R. Mata Dona
Download or read book International Arbitration and EU Law written by José R. Mata Dona and published by Edward Elgar Publishing. This book was released on 2021-03-26 with total page 643 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the intersection of EU law and international arbitration based on the experience of leading practitioners in both commercial and investment treaty arbitration law. It expertly illustrates the depth and breadth of EU law’s impact on party autonomy and on the margin of appreciation available to arbitral tribunals.
Book Synopsis Contract Interpretation in Investment Treaty Arbitration by : Yuliya Chernykh
Download or read book Contract Interpretation in Investment Treaty Arbitration written by Yuliya Chernykh and published by BRILL. This book was released on 2022-01-17 with total page 629 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contracts are relevant, frequently central, for a significant number of investment disputes. Yet, the way tribunals ascertain their content remains largely underexplored. How do tribunals interpret contracts in investment treaty arbitration? How should they interpret contracts? Does national law have any role to play? Contract Interpretation in Investment Treaty Arbitration: A Theory of the Incidental Issue addresses these questions. The monograph offers a valuable insight into the practice and theory of contract interpretation in investment treaty arbitration. By proposing a theoretical frame for seamless integration of contract interpretation into the overall structure of decision-making, the book contributes to predictability, coherence, sufficiency and correctness of the tribunals’ interpretative practices in investment treaty arbitration.
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
Book Synopsis Good Faith in Long-Term Relational Supply Contracts in the Context of Hardship from A Comparative Perspective by : Peng Guo
Download or read book Good Faith in Long-Term Relational Supply Contracts in the Context of Hardship from A Comparative Perspective written by Peng Guo and published by Springer Nature. This book was released on 2021-11-09 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides fair and acceptable solutions to hardship issues in long-term relational supply contracts. This book uses an approach to strike a balance between the traditional approach underlying classical contract law which emphasises the almost absolute prevalence of the principle of pacta sunt servanda and a flexible approach that is based on the principle of clausula rebus sic stantibus. This book argues for an emerging principle of pacta sunt servanda bona fide on the basis of the relational contract theory. Additionally, this book demonstrates how good faith can serve as a foundation for imposing a duty to renegotiate on the parties. The aim of this book is rather to propose how relational contract theory can be applied to the analysis of specific legal rules in general. Lastly, this boos highlights how the duty to renegotiate and the power to adapt a contract can be further developed upon the occurrence of hardship, based on good faith and the relational nature and characteristics of a long-term relational supply contract. This book explores and enriches the existing research on relational contract theory concentrates primarily on its application in domestic contract laws, particularly in the regulation of long-term contracts in American contract law. As an outcome this book provides a more feasible and satisfactory approach for courts or arbitral tribunals to undertake when facing hardship issues in international contract disputes. Overall, hardship themes, long-term relational supply contracts and good faith are examined extensively.
Download or read book ICSID Reports written by James Crawford and published by Cambridge University Press. This book was released on 2009-10 with total page 664 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ICSID Reports provide the only comprehensive published collection of arbitral awards and decisions given under the auspices of the World Bank's International Centre for the Settlement of Investment Disputes or pursuant to other multilateral or bilateral investment treaties, including in particular the North American Free Trade Agreement (NAFTA) and the Energy Charter Treaty (ECT). These decisions, which are fully indexed, make an important contribution to the growing body of jurisprudence on international investment. The ICSID Reports are an invaluable tool for practitioners and scholars working in the field of international commercial arbitration or advising foreign investors. Volume 14 of the ICSID Reports includes the award and annulment decision in the resubmitted Klöckner case, the award in Azurix v. Argentina and the award in Siemens v. Argentina.
Book Synopsis Damages in Investor-State Arbitration by : Irmgard Marboe
Download or read book Damages in Investor-State Arbitration written by Irmgard Marboe and published by BRILL. This book was released on 2018-05-15 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt: Damages in Investor-State Arbitration: Current Issues and Challenges addresses specificities of the assessment of damages in investor-state disputes reflecting the tensions between sovereignty and self-determination of states and their legal obligations towards foreign investors.
Book Synopsis Contemporary and Emerging Issues on the Law of Damages and Valuation in International Investment Arbitration by : Christina L. Beharry
Download or read book Contemporary and Emerging Issues on the Law of Damages and Valuation in International Investment Arbitration written by Christina L. Beharry and published by BRILL. This book was released on 2018-04-12 with total page 516 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contemporary and Emerging Issues on the Law of Damages and Valuation in International Investment Arbitration, edited by Christina L. Beharry, examines a broad range of damages topics, building on basic principles and surveying current developments to identify trends in the jurisprudence.
