Excess Of Powers In International Commercial Arbitration

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Excess of Powers in International Commercial Arbitration

Author : Piotr Wiliński
Publisher :
ISBN 13 : 9789462369917
Total Pages : 0 pages
Book Rating : 4.3/5 (699 download)

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Book Synopsis Excess of Powers in International Commercial Arbitration by : Piotr Wiliński

Download or read book Excess of Powers in International Commercial Arbitration written by Piotr Wiliński and published by . This book was released on 2019-12-19 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although the idea of arbitral tribunal's mandate is in everyday use in the international arbitration scholarship, it remains an elusive concept lacking any legal definition. Often associated with other notions such as the tribunal's mission, powers, authority or even jurisdiction, the meaning of arbitral tribunal's mandate remains a moving target and escapes easy classification. Yet, perhaps somewhat surprisingly, a non-compliance with the arbitral tribunal's mandate provides a basis for a challenge of the arbitral award at the post-award stage (either during setting aside proceedings or at the enforcement stage). Since the concept of the tribunal's mandate is vague, it attracts, in turn, a broad interpretation of the ground leading to a frustration of the fundamental value of arbitration - the finality of the arbitral award. It is therefore essential to determine how the national courts review arbitral awards on the basis of 'excess of mandate' and consequently in what instances they accept the argument that the tribunal acted in violation of its mandate. This study aims at recognizing the similarities and differences of the 'excess of mandate' type of challenges in selected legal systems (namely the UNCITRAL Model Law, France, England, the U.S. and the New York Convention). Looking through the eyes of what the selected legal systems consider to be an 'excess of mandate' allows us to identify common features and contributes to a better understanding of the concept of the arbitral tribunal's mandate by arbitrators, judges and legal practitioners alike. Accordingly, this research adds a building block to the definition of the tribunal's mandate.

Overriding Mandatory Rules in International Commercial Arbitration

Author : Hossein Fazilatfar
Publisher : Edward Elgar Publishing
ISBN 13 : 1788973852
Total Pages : 224 pages
Book Rating : 4.7/5 (889 download)

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Book Synopsis Overriding Mandatory Rules in International Commercial Arbitration by : Hossein Fazilatfar

Download or read book Overriding Mandatory Rules in International Commercial Arbitration written by Hossein Fazilatfar and published by Edward Elgar Publishing. This book was released on 2019-12-27 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Overriding Mandatory Rules in International Commercial Arbitration discusses the applicability of mandatory rules of law in international commercial arbitration and addresses the concerns of the arbitrators and judges at various stages of arbitration and the enforcement of the award.

Deference in International Commercial Arbitration

Author : Franco Ferrari
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403503173
Total Pages : 560 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Deference in International Commercial Arbitration by : Franco Ferrari

Download or read book Deference in International Commercial Arbitration written by Franco Ferrari and published by Kluwer Law International B.V.. This book was released on 2023-05-12 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: In international arbitration, deference entails that one decision-maker does not make an autonomous assessment but limits its decision-making power out of respect for the decision or authority of another actor. For example, a court exercising post-award review might refrain from reviewing a question of procedure de novo but instead defer to a prior determination made by the arbitral tribunal. In this book, prominent arbitration practitioners and academics offer the first systematic analysis of such deference in international arbitration. With abundant reference to case law from major arbitration hubs, the analysis is organized around the three relationships in which questions of deference arise: public-private relationships in which a State actor (e.g., a court) must decide whether it should pay deference to determinations made by a private actor (e.g., a tribunal or an arbitral institution); public-public relationships in which a State actor (e.g., a court at the place of recognition and enforcement) must decide whether it should pay deference to another State actor (e.g., a court at the seat); and private-private relationships in which a private actor (e.g., an arbitral tribunal) must decide whether it should pay deference to another private actor (e.g., another arbitral tribunal or an arbitral institution). The book makes an important contribution to tracing the boundaries of the multiple layers of control over arbitration proceedings. It takes a giant step towards establishing the right equilibrium between the different layers of authority and thus meeting a pivotal challenge for the viability of arbitration as a form of dispute resolution.

Due Process as a Limit to Discretion in International Commercial Arbitration

Author : Franco Ferrari
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403519754
Total Pages : 471 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Due Process as a Limit to Discretion in International Commercial Arbitration by : Franco Ferrari

Download or read book Due Process as a Limit to Discretion in International Commercial Arbitration written by Franco Ferrari and published by Kluwer Law International B.V.. This book was released on 2020-09-25 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: The absence of a coherent body of case law on due process has increasingly motivated recalcitrant parties to use due process as a strategic tool, thereby putting at risk the prospect of obtaining an enforceable award in expeditious proceedings. Countering this inherent danger, here for the first time is a comprehensive study on due process as a limit to arbitral discretion, showing how due process applies in practice in key jurisdictions around the world. Based on country reports prepared by leading arbitration practitioners and academics, the book explores how courts in major arbitration jurisdictions apply due process guarantees when performing their post-award review. The contributors, driven by an interest in exploring the interplay between due process and efficiency, focus on those due process guarantees that set limits to arbitral discretion. Matters covered include the following: the right to be heard and how it may be affected by submission deadlines, evidentiary offers by the opposing party, and directions to the parties as to which aspects require further pleading; the right to be treated equally and its interplay with the duty to give each party full opportunity to present its case and to comment on submissions and evidence filed by the other party; the duty to effect proper notice, including delivery and language issues; the independence and impartiality of arbitrators with a focus on when an arbitrator’s conduct can become the basis for a successful challenge; and courts’ standards of deference when examining issues arising at the post-award stage. An introductory general report thoroughly analyses the normative basis of due process and its interplay with party autonomy, as well as applicable standards of review and commonalities among manifestations of due process across jurisdictions. A signal contribution to the debate regarding the so-called due process paranoia affecting arbitral tribunals – a topic relevant in every single arbitration proceeding – this book provides practical guidelines on how to maintain the balance between due process and efficiency and how to apply due process and counteract its misuse in arbitration proceedings. It will be welcomed by counsel, arbitrators, and judges from all countries, as well as by academics and researchers concerned with international commercial arbitration.

International Commercial Arbitration

Author : A. J. van den Berg
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041122192
Total Pages : 528 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis International Commercial Arbitration by : A. J. van den Berg

Download or read book International Commercial Arbitration written by A. J. van den Berg and published by Kluwer Law International B.V.. This book was released on 2003-01-01 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: The collected papers in ICCA Congress Series no. 11, as reflected in its title, address important contemporary questions in international commercial arbitration. Included are contributions written by participants in the UNCITRAL Working Group on Arbitration and Conciliation on its current work on the requirement of a written form for an arbitration agreement, interim measures of protection and UNCITRAL?s Model Law on International Commercial Conciliation. Further contributions give leading practitioners? views on illegality in the formation and performance of contracts or in the conduct of the arbitration, examining questions on how the arbitral tribunal should deal with these vexed issues and how forgery and fraud may be detected. The factors that lead to acceptance by parties of the decisions of arbitrators are dealt with in contributions on the psychological aspects of dispute resolution. The volume concludes with a series of articles on arbitration under investment treaties written by experienced arbitrators and practitioners, with special emphasis on ICSID and NAFTA and the emerging issues of transparency, accountability and review. Contains lengthy articles on the ongoing work of UNCITRAL on proposed amendments to the UNCITRAL Model Law on International Commercial Arbitration and the recently adopted Model Law on International Commercial Conciliation Details the current thinking on the requirement of an arbitration agreement in writing and how this can be accommodated by the UNCITRAL Model Law and the 1958 New York Convention Addresses the granting of interim measures by arbitral tribunals and their enforcement by national and foreign courts Analyzes issues raised by illegality in the formation and performance of contracts and in the conduct arbitrations and provides a systematic overview of the answers given by legislation, arbitrators and courts Provides insight into the attitudes of arbitrators and parties regarding dispute settlement processes Addresses the changing public perception of arbitration under investment treaties

The Allocation of Power between Arbitral Tribunals and State Courts

Author : Alan Scott Rau
Publisher : BRILL
ISBN 13 : 9004388923
Total Pages : 608 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis The Allocation of Power between Arbitral Tribunals and State Courts by : Alan Scott Rau

Download or read book The Allocation of Power between Arbitral Tribunals and State Courts written by Alan Scott Rau and published by BRILL. This book was released on 2019-03-25 with total page 608 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ultimate question that runs through all of our law of arbitration is the allocation of responsibility between state courts and arbitral tribunals : If private tribunals assume the power to bind others in a definitive fashion, we must ask, where does this authority come from ? Fundamentally different in this respect from a state judge, a private arbitrator may only derive his legitimacy from that exercise of private ordering and self-government which characterizes any voluntary commercial transaction. This work begins then with the dimensions of that “consent” which alone can justify arbitral jurisdiction. The discussion is then carried forward to explore how party autonomy in the contracting process may be expanded, giving rise to the voluntary reallocation of authority between courts and arbitrators. It concludes with the necessary inquiry into the autonomy with respect to the “chosen law” that will govern the agreement to arbitrate itself.

Choice of Forum and Laws in International Commercial Arbitration

Author : Peter Edward Nygh
Publisher : Kluwer Law International
ISBN 13 :
Total Pages : 40 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Choice of Forum and Laws in International Commercial Arbitration by : Peter Edward Nygh

Download or read book Choice of Forum and Laws in International Commercial Arbitration written by Peter Edward Nygh and published by Kluwer Law International. This book was released on 1997 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: International commercial arbitration raises issues other than the choice of the law applicable to the principal contract. Autonomy may have a wider meaning, extending beyond the choice of applicable law to the choice of arbitration itself, and of the place or places where it is to be conducted. Nor is it altogether clear what the forum is, if any. This paper raises the fundamental question of what gives the arbitrator his or her competence--the will of the parties or the law of the seat of arbitration which the parties may, or may not, have chosen? The paper also suggests an answer to the questions of which choice of law rules, if any, should be applied by the arbitrators, to what extent arbitrators will apply mandatory rules (règles d'application immédiate), as well as which law governs the procedural aspects and whether it has to be the procedural law of a national system. The new English Arbitration Act 1996 has also been taken into account.

Ex Aequo et Bono as a Response to the ‘Over-Judicialisation’ of International Commercial Arbitration

Author : Nobumichi Teramura
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403520809
Total Pages : 316 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Ex Aequo et Bono as a Response to the ‘Over-Judicialisation’ of International Commercial Arbitration by : Nobumichi Teramura

Download or read book Ex Aequo et Bono as a Response to the ‘Over-Judicialisation’ of International Commercial Arbitration written by Nobumichi Teramura and published by Kluwer Law International B.V.. This book was released on 2020-05-12 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite its many distinguished proponents over time, ex aequo et bono – the idea of deciding disputes on the basis of what an adjudicator regards as fair and equitable – has failed to take hold in international commercial arbitration (ICA). Formalisation and fossilisation of arbitral procedure, as manifested in the increasing use of litigation-style practice, unfortunately reign instead. This bold and challenging book argues that parties to an arbitration should be more willing for their cross-border disputes to be decided (and arbitrators should be more prepared to decide those disputes) in accordance with broad principles of equity and fairness, rather than by strict adherence to technical rules of law. Putting forward suggestions based on extensive research and doctrinal considerations, this book invites us to confront what ICA was supposed to be, what it now is and what it can be. In particular, Dr Teramura discusses how, by resorting to ex aequo et bono, arbitrators can: construe contractual terms, including the limits; apply trade usages; deal with mandatory rules of a given forum or place of performance; minimise the cost and length of time that arbitration takes; avoid the abuse of discretion; and ensure predictable results. The book examines significant differences in the way that ex aequo et bono arbitration is understood among various state and international institutions. It attempts to identify a ‘common core’ of universally accepted concepts underlying those different understandings. The book argues that ex aequo et bono has the potential to reform ICA without undermining its positive aspects. Along the way, it discusses the implications of ex aequo et bono arbitration on the now widely used UNCITRAL Model Law on ICA. It should thus appeal to lay business persons and commercial law practitioners who are looking for an economical and efficient way to solve business disputes within a globalised arbitration framework.

The Forces of Economic Globalization

Author : Katherine Lynch
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041119949
Total Pages : 480 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The Forces of Economic Globalization by : Katherine Lynch

Download or read book The Forces of Economic Globalization written by Katherine Lynch and published by Kluwer Law International B.V.. This book was released on 2003-01-01 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: Increased economic interdependencies and trade flows between states, innovations in information technology and computer networks, a global shift toward market economies and regional and multilateral trade arrangements, have all led to an increasingly globalized world economy. The Forces of Economic Globalization: Challenges to the Regime of International Commercial Arbitration examines some of the challenges facing the regime of international commercial arbitration in the contemporary global economy. It considers the debates concerning the transformation of the global order and the role of nation states within the context of international commercial arbitration. Issues discussed include the transformative effect of economic globalization, the role of the epistemic community and the increased institutionalization within the international arbitral regime, the nationalization of international commercial arbitration and the denationalization and harmonization trends, the competitive nature of legislative reform, convergence and divergence in the international arbitral process, multilateralism and regionalism, market modernization and transnationalism, globalization and lex mercatoria, and the development of online arbitration schemes in cyberspace. This book seeks to analyze the inner penetration of a form of world polity or transnational order ? comprised of part epistemic community, institutional networks, national laws and multilateral conventions, norms, rules, principles and transnational ideology ? on the traditional notion of state sovereignty within the international arbitral regime. The book will interest practitioners and academics with an interest in international commercial arbitration.

Annulment of ICSID Awards

Author : Emmanuel Gaillard
Publisher : Juris Publishing, Inc.
ISBN 13 : 1929446616
Total Pages : 16 pages
Book Rating : 4.9/5 (294 download)

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Book Synopsis Annulment of ICSID Awards by : Emmanuel Gaillard

Download or read book Annulment of ICSID Awards written by Emmanuel Gaillard and published by Juris Publishing, Inc.. This book was released on 2004 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Limits to Party Autonomy in International Commercial Arbitration

Author : Franco Ferrari
Publisher :
ISBN 13 : 9781944825010
Total Pages : 503 pages
Book Rating : 4.8/5 (25 download)

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Book Synopsis Limits to Party Autonomy in International Commercial Arbitration by : Franco Ferrari

Download or read book Limits to Party Autonomy in International Commercial Arbitration written by Franco Ferrari and published by . This book was released on 2016 with total page 503 pages. Available in PDF, EPUB and Kindle. Book excerpt:

International Commercial Arbitration

Author : Tibor Varady
Publisher : West Publishing Company
ISBN 13 :
Total Pages : 860 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis International Commercial Arbitration by : Tibor Varady

Download or read book International Commercial Arbitration written by Tibor Varady and published by West Publishing Company. This book was released on 1999 with total page 860 pages. Available in PDF, EPUB and Kindle. Book excerpt:

International Commercial Arbitration

Author : Gary B. Born
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041154159
Total Pages : 5391 pages
Book Rating : 4.0/5 (411 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 2014-10-01 with total page 5391 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second edition of Gary Born's International Commercial Arbitration is an authoritative 4,408 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 first edition of International Commercial Arbitration is widely acknowledged as the preeminent commentary in the field. It was awarded the 2011 Certificate of Merit by the American Society of International Law and was voted the International Dispute Resolution Book of the Year by the Oil, Gas, Mining and Infrastructure Dispute Management list serve in 2010. The first edition has been extensively cited in national court decisions and arbitral awards around the world. The treatise comprehensively examines the law and practice of contemporary international commercial arbitration, thoroughly explicating all relevant international conventions, national arbitration statutes and institutional arbitration rules. It focuses on both international instruments (particularly the New York Convention) and national law provisions in all leading jurisdictions (including the UNCITRAL Model Law on International Commercial Arbitration). Practitioners, academics, clients, institutions and other users of international commercial arbitration will find clear and authoritative guidance in this work. The second edition of International Commercial Arbitration has been extensively revised, expanded and updated, to include all material legislative, judicial and arbitral authorities in the field of international arbitration prior to January 2014. It also includes expanded treatment of annulment, recognition of awards, counsel ethics, arbitrator independence and impartiality and applicable law. Overview of volumes: Volume I, covering International Arbitration Agreements,provides a comprehensive discussion of international commercial arbitration agreements. It includes chapters dealing with the legal framework for enforcing international arbitration agreements; the separability presumption; choice of law; formation and validity; nonarbitrability; competence-competence and the allocation of jurisdictional competence; the effects of arbitration agreements; interpretation and non-signatory issues. Volume II, covering International Arbitration Procedures, provides a detailed discussion of international arbitral procedures. It includes chapters dealing with the legal framework for international arbitral proceedings; the selection, challenge and replacement of arbitrators; the rights and duties of international arbitrators; selection of the arbitral seat; arbitration procedures; disclosure and discovery; provisional measures; consolidation, joinder and intervention; choice of substantive law; confidentiality; and legal representation and standards of professional conduct. Volume III, dealing with International Arbitral Awards, provides a detailed discussion of the issues arising from international arbitration awards. It includes chapters covering the form and contents of awards; the correction, interpretation and supplementation of awards; the annulment and confirmation of awards; the recognition and enforcement of arbitral awards; and issues of preclusion, lis pendens and staredecisis.

Redfern and Hunter on International Arbitration

Author : Nigel Blackaby
Publisher : Oxford University Press, USA
ISBN 13 :
Total Pages : 780 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Redfern and Hunter on International Arbitration by : Nigel Blackaby

Download or read book Redfern and Hunter on International Arbitration written by Nigel Blackaby and published by Oxford University Press, USA. This book was released on 2009-10-15 with total page 780 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reviewing the legal context within which international commercial arbitration operates, this text has been updated to reflect recent developments in international law.

International Arbitration and International Commercial Law

Author : Eric E. Bergsten
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041135227
Total Pages : 882 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis International Arbitration and International Commercial Law by : Eric E. Bergsten

Download or read book International Arbitration and International Commercial Law written by Eric E. Bergsten and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 882 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last half-century, as UNCITRAL official, professor, arbitrator and father of the Willem C. Vis Arbitration Moot, Eric Bergsten has been at the forefront of progress in international commercial arbitration. Now, on the occasion of his eightieth birthday, the international arbitration and sales law community has gathered to honour him with this substantial collection of new essays on the many facets of the field to which he continues to bring his intellect, integrity, inquisitive nature, eye for detail, precision, and commitment to public service. Celebrating the long-standing and sustained contribution Eric Bergsten has made in international commercial law, international arbitration, and legal education, more than fifty colleagues - among them quite a few of the best-known arbitrators and arbitration academics in the world - present 45 pieces that, individually both engaging and incisive, collectively present a thorough and far-reaching account of the state of the field today, with contributions covering international sales law, commercial law, commercial arbitration, and investment arbitration. In addition, nine essays on issues in legal education mirror the great importance of the renowned Willem C. Vis International Commercial Arbitration Moot, Eric's Vienna project which has offered a life-changing experience for so many young lawyers from all over the world.

International Arbitration Review

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

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Book Synopsis International Arbitration Review by : James H Carter

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

International Commercial Arbitration

Author : Gary B. Born
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.