International Commercial Arbitration

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403526440
Total Pages : 5388 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis International Commercial Arbitration by : Gary B. Born

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.

Recueil Des Cours, Collected Courses 1963-ii

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789028614628
Total Pages : 620 pages
Book Rating : 4.6/5 (146 download)

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Book Synopsis Recueil Des Cours, Collected Courses 1963-ii by :

Download or read book Recueil Des Cours, Collected Courses 1963-ii written by and published by Martinus Nijhoff Publishers. This book was released on 1968-12-01 with total page 620 pages. Available in PDF, EPUB and Kindle. Book excerpt:

International Commercial Contracts

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1316514234
Total Pages : 527 pages
Book Rating : 4.3/5 (165 download)

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Book Synopsis International Commercial Contracts by : Giuditta Cordero-Moss

Download or read book International Commercial Contracts written by Giuditta Cordero-Moss and published by Cambridge University Press. This book was released on 2023-12-31 with total page 527 pages. Available in PDF, EPUB and Kindle. Book excerpt: Verifies the impact of national law and transnational rules on international contracts, particularly those with an arbitration clause.

Corruption in International Trade and Commercial Arbitration

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041122362
Total Pages : 518 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Corruption in International Trade and Commercial Arbitration by : Abdulhay Sayed

Download or read book Corruption in International Trade and Commercial Arbitration written by Abdulhay Sayed and published by Kluwer Law International B.V.. This book was released on 2004-01-01 with total page 518 pages. Available in PDF, EPUB and Kindle. Book excerpt: Descreve como a corrupção é julgada na arbitragem comercial internacional. Procura explicar porque não há uma uniformidade na política arbitral em relação à corrupção. Analisa casos relativos à corrupção e arbitragem. Examina a legislação sobre corrupção, assim como convenções internacionais relevantes.

Legal Theory of International Arbitration

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Author :
Publisher : BRILL
ISBN 13 : 9004187154
Total Pages : 204 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Legal Theory of International Arbitration by : Emmanuel Gaillard

Download or read book Legal Theory of International Arbitration written by Emmanuel Gaillard and published by BRILL. This book was released on 2010-05-03 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: Review excerpts from the book on Scribd International arbitration readily lends itself to a legal theory analysis. The fundamentally philosophical notions of autonomy and freedom are at the heart of its field of study. Similarly essential are the questions of legitimacy raised by the parties’ freedom to favor a private form of dispute resolution over national courts, to choose their judges, to tailor the procedure and to choose the applicable rules of law, and by the arbitrators’ freedom to determine their own jurisdiction, to shape the conduct of the proceedings and to choose the rules applicable to the dispute. The present work, based on a Course given at The Hague Academy of International Law in the Summer 2007, identifies the philosophical postulates that underlie this field of study and shows their profound coherence and the practical consequences that follow from these postulates in the resolution of international disputes.

Practitioner's Handbook on International Commercial Arbitration

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Author :
Publisher : OUP Oxford
ISBN 13 : 0191579971
Total Pages : 2585 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis Practitioner's Handbook on International Commercial Arbitration by : Frank-Bernd Weigand

Download or read book Practitioner's Handbook on International Commercial Arbitration written by Frank-Bernd Weigand and published by OUP Oxford. This book was released on 2009-12-24 with total page 2585 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Practitioner's Handbook on International Commercial Arbitration provides concise country reports on important jurisdictions for international arbitral proceedings, as well as commentaries on well-known arbitration rules which are frequently incorporated in international legal agreements. Most international commercial contracts now include an arbitration clause as an alternative to resolving disputes in the state courts. This second edition of the Practitioner's Handbook includes newly updated country chapters, expanded international coverage and commentary on the most important arbitration rules worldwide. It is written by world-leading arbitration practitioners and academics and combines a practical approach with in-depth legal research and analysis of important national and international case law. The book is unique in its coverage, providing uniformly designed country reports and thorough commentaries on internationally recognized arbitration rules in just one volume. There are individual chapters for the following countries: Austria, Belgium, China & Hong Kong, England, France, Germany, Italy, Netherlands, Singapore, Sweden, Switzerland, USA. Each country report covers: jurisdiction, the tribunal, arbitration procedure, the award, amendments and challenge to the award, liability of arbitrators and enforcement of national awards; and provides details of national arbitration laws, arbitral institutions in the jurisdiction, model arbitration clauses and a bibliography, including a list of key judicial decisions. The first edition was reviewed as "an outstanding book" and "an extremely useful tool". The work is an indispensable one-stop reference point for lawyers drafting international arbitration clauses or handling arbitration proceedings in different countries.

French Arbitration Law and Practice

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041126902
Total Pages : 394 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis French Arbitration Law and Practice by : Jean-Louis Delvolvé

Download or read book French Arbitration Law and Practice written by Jean-Louis Delvolvé and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: Previous edition, 1st, published in 2003.

The Three Ages of International Commercial Arbitration

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Publisher : Cambridge University Press
ISBN 13 : 1108871747
Total Pages : 385 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis The Three Ages of International Commercial Arbitration by : Mikaël Schinazi

Download or read book The Three Ages of International Commercial Arbitration written by Mikaël Schinazi and published by Cambridge University Press. This book was released on 2021-12-16 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: A unique history of modern international commercial arbitration theory and practice, this book draws on a wide range of sources from the eighteenth century to the present. It sets out the origins and evolution of the modern regime of international arbitration, the International Chamber of Commerce and current controversies.

Recueil Des Cours, Collected Courses 1980

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Author :
Publisher : BRILL
ISBN 13 : 9789024726288
Total Pages : 436 pages
Book Rating : 4.7/5 (262 download)

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Book Synopsis Recueil Des Cours, Collected Courses 1980 by :

Download or read book Recueil Des Cours, Collected Courses 1980 written by and published by BRILL. This book was released on 1983-03-21 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Academy is a prestigious international institution for the study and teaching of Public and Private International Law and related subjects. The work of the Hague Academy receives the support and recognition of the UN. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the Collected Courses of the Hague Academy of International Law .

Dealing with Bribery and Corruption in International Commercial Arbitration

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403520868
Total Pages : 455 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Dealing with Bribery and Corruption in International Commercial Arbitration by : Emmanuel Obiora Igbokwe

Download or read book Dealing with Bribery and Corruption in International Commercial Arbitration written by Emmanuel Obiora Igbokwe and published by Kluwer Law International B.V.. This book was released on 2023-01-10 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Arbitration Law Library, Volume 65 International commercial arbitration is by no means free from bribery and corruption. Although a plethora of legal scholarship clearly affirms this contention, a thorough study on the particularly important question of the authority and duty of international commercial arbitrators to investigate a suspicion or indication of bribery or corruption sua sponte ¬– that is, on their own initiative – has been surprisingly lacking. This important book fills this gap, inter alia, by locating sua sponte authority in the position of arbitral tribunals in establishing the facts of a case and ascertaining and applying the applicable normative standards. In addition to providing a comprehensive examination of how the issue of bribery and corruption is dealt with in contemporary international commercial arbitration, the book also highlights the role of arbitrators in global efforts to combat transnational commercial bribery and corruption. Among others, the following critical issues are thoroughly investigated: arbitrability of issues of public interests; intermediary contracts; role of arbitrators in the fact-finding process; party autonomy versus overriding mandatory rules; iura novit curia in international commercial arbitration in the context of bribery and corruption; notion of transnational (or ‘truly international’) public policy; arbitrators’ duty to act as guardians of international commerce; investigative tools available to arbitrators; dealing with manifestly recalcitrant parties; possible consequences of violating the obligation to sua sponte investigate; and the view from developing countries. The analysis leans primarily on Swiss law, as Switzerland is one of the most important jurisdictions in international commercial arbitration; Switzerland has also been involved in some of the most famous and controversial arbitration cases wherein bribery and corruption became an issue. However, the study also includes a comparative analysis of the relevant laws, jurisprudence, and doctrine of other major arbitration venues, particularly England, France, and Germany. Not only in the light it sheds on how and whether international commercial arbitrators have hitherto justified the trust States have placed in them regarding the protection of the public interests but also in the practical solutions it offers arbitrators faced with issues of bribery and corruption, this deeply researched book equips arbitration practitioners and arbitration institutions with a hitherto lacking in-depth analysis on the question of sua sponte investigation. It also provides invaluable insights on how this issue might affect the future, legitimacy and expansion of this dispute settlement mechanism. Outside the field of arbitration, the book also provides jurists, legal scholars, in-house counsel for companies doing transnational business and public officials with highly enlightening perspectives on the interaction between international commercial arbitration and public interests.

Economic Sanctions in EU Private International Law

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509933522
Total Pages : 285 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Economic Sanctions in EU Private International Law by : Tamás Szabados

Download or read book Economic Sanctions in EU Private International Law written by Tamás Szabados and published by Bloomsbury Publishing. This book was released on 2020-01-23 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: Economic sanctions are instruments of foreign policy. However, they can also affect legal relations between private parties – principally in contract. In such cases, the court or arbitration tribunal seized must decide whether to give effect to the economic sanction in question. Private international law functions as a 'filter', transmitting economic sanctions that originate in public law to the realm of private law. The aim of this book is to examine how private international law rules can influence the enforcement of economic sanctions and their related foreign policy objectives. A coherent EU foreign policy position – in addition to promoting legal certainty and predictability – would presuppose a uniform approach not only concerning the economic sanctions of the EU, but also with regard to the restrictive measures imposed by third countries. However, if we examine in detail the application of economic sanctions by Member States' courts and arbitral tribunals, we find a somewhat different picture. This book argues that this can be explained in part by the divergence of private international law approaches in the Member States.

Recueil Des Cours, Collected Courses, 1972

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789028602441
Total Pages : 952 pages
Book Rating : 4.6/5 (24 download)

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Book Synopsis Recueil Des Cours, Collected Courses, 1972 by :

Download or read book Recueil Des Cours, Collected Courses, 1972 written by and published by Martinus Nijhoff Publishers. This book was released on 1974-06-24 with total page 952 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Conflict of Laws in International Arbitration

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Author :
Publisher : Walter de Gruyter
ISBN 13 : 3866539290
Total Pages : 481 pages
Book Rating : 4.8/5 (665 download)

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Book Synopsis Conflict of Laws in International Arbitration by : Franco Ferrari

Download or read book Conflict of Laws in International Arbitration written by Franco Ferrari and published by Walter de Gruyter. This book was released on 2010-12-23 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: Irrespective of the increasing harmonization of law at the transnational level, every arbitration raises a number of confl ict of laws problems relating to procedural questions as well as to issues concerning the merits of the case. Unlike a state court judge, the arbitrator has no "lex fori" in the proper sense providing the relevant confl ict rules to determine the applicable law. This raises the question of what confl ict of laws rules to apply and, consequently, of the extent of the freedom the arbitrator enjoys in dealing with this and related issues. The best example of the importance of confl ict of laws questions in arbitration is the Vivendi-Elektrim saga where the outcome of the various proceedings depended on the question of characterization. This very beneficial book is dealing with - the arbitration agreement, - the jurisdiction of the arbitral tribunal, - the law applicable to the merits and - the arbitration procedure.

General course on private international law

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789028607590
Total Pages : 458 pages
Book Rating : 4.6/5 (75 download)

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Book Synopsis General course on private international law by :

Download or read book General course on private international law written by and published by Martinus Nijhoff Publishers. This book was released on 1979-11-05 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Fouchard, Gaillard, Goldman on International Commercial Arbitration

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041110259
Total Pages : 1320 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Fouchard, Gaillard, Goldman on International Commercial Arbitration by : Philippe Fouchard

Download or read book Fouchard, Gaillard, Goldman on International Commercial Arbitration written by Philippe Fouchard and published by Kluwer Law International B.V.. This book was released on 1999-09-02 with total page 1320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on and includes revisions to : Traité de l'arbitrage commercial international / Ph. Fouchard, E. Gaillard, B. Goldman. 1996--Cf. foreword.

Agency

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789024731398
Total Pages : 382 pages
Book Rating : 4.7/5 (313 download)

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Book Synopsis Agency by :

Download or read book Agency written by and published by Martinus Nijhoff Publishers. This book was released on 1985-02 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Academy is a prestigious international institution for the study and teaching of Public and Private International Law and related subjects. The work of the Hague Academy receives the support and recognition of the UN. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the Hague Academy of International Law .

Recueil Des Cours - Collected Courses, 1960

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789028613621
Total Pages : 646 pages
Book Rating : 4.6/5 (136 download)

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Book Synopsis Recueil Des Cours - Collected Courses, 1960 by : Academie De Droit International De La Ha

Download or read book Recueil Des Cours - Collected Courses, 1960 written by Academie De Droit International De La Ha and published by Martinus Nijhoff Publishers. This book was released on 1968-12-01 with total page 646 pages. Available in PDF, EPUB and Kindle. Book excerpt: