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Expedited Procedures In International Arbitration
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Book Synopsis Expedited Procedures in International Arbitration by : Laurent Lévy
Download or read book Expedited Procedures in International Arbitration written by Laurent Lévy and published by Kluwer Law International. This book was released on 2017 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foreword --Introduction --Expedited Proceedings in International Arbitration --Expedited Rules and the Possibility of Immediate Measures once a Tribunal is Constituted --The Uniform Domain Name Dispute Resolution Policy --Sports Arbitration and the Inherent Need for Speed and Effectiveness --Rediscovering the Lost Promise of International Arbitration --Expedited Institutional Arbitral Proceedings Between Autonomy and Regulation --Conclusion --About the Authors.
Book Synopsis Expedited Procedures in International Commercial Arbitration by : Andreas Wehowsky
Download or read book Expedited Procedures in International Commercial Arbitration written by Andreas Wehowsky and published by sui generis Verlag. This book was released on 2023-07-24 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: International arbitration has enjoyed remarkable success. However, in recent years repeated concerns relating to the efficiency of the proceedings have emerged. These concerns have led to the introduction of provisions for expedited arbitral procedures. Through analysing various arbitration rules, this book will examine the require-ments under which expedited procedures are admissible, what the central char-acteristics of such procedures are, and how such procedures can be classified and described in comparison to a conventional arbitral procedure. A significant part will examine the tension between procedural efficiency on the one hand and on quality of the procedure and award on the other. In an excursus, early determination procedures will be examined to complete the tool box to increase procedural efficiency.
Book Synopsis Expedited Procedures in International Commercial Arbitration by :
Download or read book Expedited Procedures in International Commercial Arbitration written by and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: International arbitration has enjoyed remarkable success. However, in recent years repeated concerns relating to the efficiency of the proceedings have emerged. These concerns have led to the introduction of provisions for expedited arbitral procedures. Through analysing various arbitration rules, this book will examine the require-ments under which expedited procedures are admissible, what the central char-acteristics of such procedures are, and how such procedures can be classified and described in comparison to a conventional arbitral procedure. A significant part will examine the tension between procedural efficiency on the one hand and on quality of the procedure and award on the other. In an excursus, early determination procedures will be examined to complete the tool box to increase procedural efficiency.
Book Synopsis The International Arbitration Rulebook by : Arif Hyder Ali
Download or read book The International Arbitration Rulebook written by Arif Hyder Ali and published by Kluwer Law International B.V.. This book was released on 2019-10-24 with total page 547 pages. Available in PDF, EPUB and Kindle. Book excerpt: The numerous arbitral regimes around the world differ in subtle yet complex ways. These variations can have a profound effect on the procedural rights and obligations of the parties. Broadly speaking, the choice of regime will impact the way in which an arbitration is conducted; its duration and expense; the outcome of the dispute; and the ultimate enforceability of the award. To inform the parties’ choice, this book is the first to deal specifically and in depth with a broad range of institutional and ad hoc arbitration rules on a comparative basis. It provides a practical guide to the rules in one book—a one-stop shop—from a distinctly “rule” and “guide” point of view. This book has its genesis in the authors’ experience as practitioners and educators in international commercial and investor-state arbitration—and as advisers to, and trainers for, arbitral institutions, arbitrators, judges and government officials around the world. This comprehensive, descriptive and analytical “road map” covers the broad range of issues addressed in nine representative major sets of arbitration rules. The authors detail the distinct ways in which rules governing such important issues as the following may differ among the various arbitral regimes: the governance structure and role of the administering institutions in the arbitration, including case management and administrative support; the critical and recommended issues to be established in the agreement to arbitrate, such as the place of arbitration and the governing law among others; the requirements and best practices for starting the arbitration on the right foot; the procedures for selecting, appointing and challenging arbitrators; the impact of the initial procedural conference on the proceedings; the rules on presenting the case in chief: written submissions, documentary evidence, witness and expert testimony and more; the costs and fees of leading institutions; the procedures and standards for award scrutiny and enforceability; and a range of special and innovative procedures such as expedited proceedings, interim relief and consolidation of proceedings. The comparative analysis is organized around the chronological phases of an international arbitration and supported by rule comparison tables and clear explanations of each step of the process. With this eminently practical book, contract negotiators, counsel and arbitrators can confidently navigate any international arbitration. Thorough coverage of the applicable rules and guidelines enables parties and/or the tribunal to design bespoke arbitration procedures based upon the various rules of leading regimes. Arbitral institutions can survey the different approaches and identify emerging best practices in the design and drafting of arbitral regimes. All in all, this volume is a useful guide and comprehensive framework of rules for both arbitration practitioners and users of arbitration services, as well as for students and teachers of international arbitration.
Book Synopsis Due Process in International Commercial Arbitration by : Matti Kurkela
Download or read book Due Process in International Commercial Arbitration written by Matti Kurkela and published by Oxford University Press, USA. This book was released on 2010 with total page 582 pages. Available in PDF, EPUB and Kindle. Book excerpt: Previous edition, 1st, published in 2005.
Book Synopsis International Arbitration by : Gary B. Born
Download or read book International Arbitration written by Gary B. Born and published by Aspen Publishing. This book was released on 2021-11-11 with total page 616 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Documentary Supplement is for use in conjunction with International Arbitration: Cases and Materials, Third Edition. It contains basic source documents, collected in a single volume, for ready access and keyed to the underlying casebook. It includes some materials that are not readily available otherwise. New to the Third Edition: Proposed Bilateral Arbitration Treaty (discussed in Casebook) Updated parties to New York and ICSID Conventions Leading institutional arbitration rules updated in 2020 and 2021
Book Synopsis Procedure and Evidence in International Arbitration by : Jeffrey Waincymer
Download or read book Procedure and Evidence in International Arbitration written by Jeffrey Waincymer and published by Kluwer Law International B.V.. This book was released on 2012-05-23 with total page 1408 pages. Available in PDF, EPUB and Kindle. Book excerpt: Central to the book’s purpose is the procedural challenge facing arbitrators at each and every stage of the arbitral process when fairness arguments conflict with efficiency concerns and trade-offs must be determined. Some key themes include how can a tribunal be fair, and in particular be neutral, if parties are so diverse? How can arbitration be made efficient and cost-effective without undue inroads into fairness and accuracy? How does a tribunal do what is best if the parties are choosing a suboptimal process? When can or must an arbitrator ignore procedural choices made by the parties? The author thoroughly evaluates competing arguments and adds his own practical tips, expertly synthesizing and engaging with the conference literature and differing authors’ views. He identifies criteria that offer a harmonized approach to each stage of the arbitral process, with particular attention to such aspects of international arbitration as: appropriate trade-offs between flexibility and certainty; the rights, duties and powers of arbitrators; appointment and challenge of arbitrators; responses to ‘guerilla’ tactics; drafting of arbitration agreements, including specialty clauses; drafting of required commencement notices and response documents; set-off; fast track arbitration and other efficiency options; strategic use of preliminary conferences and timetabling; online arbitration; multi-party, multi-contract, class arbitration; amicus and third party funders; pre-arbitral referees and interim relief; witness evidence, both factual and expert; documentary evidence, production obligations, and challenges to production; identifying applicable law; and remedies and costs.
Book Synopsis International Arbitration in Sweden by : Annette Magnusson
Download or read book International Arbitration in Sweden written by Annette Magnusson and published by Kluwer Law International B.V.. This book was released on 2013-07-01 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sweden is one of a handful of countries where the international arbitral process has reached a stage where the jurisprudence is replete with instances involving no local parties at all. Due in all likelihood to this context of especially credible neutrality, the Stockholm Chamber of Commerce (SCC) has emerged as a leading global arbitral institution. Whether the matter at issue is a business transaction dispute or a politicized conflict involving obdurate parties, the richness of its body of decided cases manifests the SCC’s authority and reliability throughout the converging world of international arbitration. The present book, written by thirteen eminent practitioners, provides a practical guide to international arbitration in Sweden, whether ad hoc or institutional. Among the many elements of practice and procedure detailed are the following: appointment, challenge, removal, and compensation of arbitrators; use of international legal sources such as IBA guidelines; choice of law by parties; SCC rules and procedures; multiparty arbitrations – joinder, intervention, consolidation; confidentiality; documentary evidence, witnesses, and experts; grounds for setting aside; party succession; Swedish court review of the arbitrator’s jurisdiction; and appeal of arbitrators’ compensation. In addition, readers will be exposed to a trove of pertinent references to important dispositions that have in recent decades been generated by the stream of major international arbitrations conducted in Sweden. Disputing parties wishing to know what will happen when their case is brought to Sweden for arbitration will find no clearer or more thorough guide. This book is an incomparable source for anyone called upon to act as arbitrator or counsel, or in any other capacity, in an international arbitration in Sweden.
Book Synopsis Fact-Finding in International Arbitration by : Julian Bickmann
Download or read book Fact-Finding in International Arbitration written by Julian Bickmann and published by Kluwer Law International B.V.. This book was released on 2022-12-09 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: Establishing a factual basis on which to apply the law can be an extraordinarily challenging process, and perhaps more so in international arbitration than in any other proceedings, due to the very different notions of fact-finding that prevail among jurisdictions. This important book assesses, for the first time, the contours of an emerging transnational law of fact-finding that promises to greatly enhance the efficiency and reliability of this crucial arbitral procedure. In his analysis, focusing on bases that reflect current (but fluid) transnational practice, the author assembles a viable lex evidentiae from an in-depth examination and synthesis of the following bodies of source material: published arbitration proceedings and awards; the general framework of fact-finding issues as provided for under the arbitration acts of England and Wales, the United States, Germany, Brazil, Spain, Switzerland, Austria, and Italy, as well as under the Model Law; fact-finding stipulations under UNCITRAL Arbitration Rules as well as under various institutional rules; soft law (such as the IBA Rules, Prague Rules, ALI/UNIDROIT Principles of Transnational Civil Procedure); best practices as captured by legal commentary; and investment arbitration proceedings, where many decisions and awards are nowadays publicly available. In the course of the analysis, a comprehensive description and analysis of what fact-finding entails, including both gathering of facts and taking of evidence, is fully elaborated. Given that it is an essential task of international arbitration proceedings to define the disagreements between the parties and seek to determine the truth, the international arbitration community must be able to rely on a robust, consistent, and predictable, albeit flexible and adaptive, set of fact-finding rules. Against this background, the present study not only provides a stocktaking of current practice but also makes a signal contribution to meeting the need for legal certainty and reliability in international arbitration.
Book Synopsis Due Process in International Commercial Arbitration by : Matti S. Kurkela
Download or read book Due Process in International Commercial Arbitration written by Matti S. Kurkela and published by Oxford University Press. This book was released on 2010-04-14 with total page 582 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first publication to identify a universal procedural code for international commercial arbitration. This informative and well-argued discussion of a uniform code for due process is a useful aid for both practitioners and scholars. More than just a useful desk reference, this publication uncovers a unifying arbitration principle in light of the diversity of national traditions. The authors demonstrate how this unifying principle might establish a new standard procedure in arbitration law. Guiding the reader through a step-by-step analysis of due process in international commercial arbitration, the book is comprehensive without being esoteric. Due Process in International Commercial Arbitration, Second Edition thus helps both practitioners new to arbitration procedure and experienced attorneys looking for a cutting-edge discussion of due process issues. It can be used as a handbook for lawyers engaged in arbitral disputes. To provide the necessary guidance for lawyers in need of quick, reliable information, authors Matti Kurkela and Santtu Turunen update readers on the numerous changes made to arbitration law since the book's 2005 edition. Even more helpfully, Kurkela and Turunen have added two new chapters to show lawyers what to expect in the midst of an arbitration proceeding: a chapter on procedural rules from the New York Convention and a chapter on jurisdiction arising from sources outside the arbitration agreement. As corporations engage in more globalized commerce, and as arbitrators resolve more international legal disputes, this resource provides both the broad background and the quick reference information necessary to understand the complexities of arbitration procedure. A thorough Table of Contents, Index, and Appendix of primary documents facilitate practitioners' research in this vital book. This new edition's balance of comprehensiveness and concision make it a one-stop resource for arbitration attorneys around the world.
Book Synopsis Baker and McKenzie International Arbitration Yearbook 2014-2015 by : Baker & McKenzie
Download or read book Baker and McKenzie International Arbitration Yearbook 2014-2015 written by Baker & McKenzie and published by Juris Publishing, Inc.. This book was released on 2015-03-01 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Baker and McKenzie International Arbitration Yearbook 2014-2015 covers 45 jurisdictions and is organized by country. As in past years, the first section (Part A) describes important recent developments and trends in national legislation and practice affecting the conduct of international arbitration. The second section (Part B) refers to noteworthy case law in each country, and a third section (Part C) focuses on an important current topic in international arbitration. This year's topic is local arbitration institutions. Each jurisdiction was invited to describe the history and background of its local institutions, the types of disputes handled, and the most recent available statistics for numbers of disputes handled. Each jurisdiction was also asked to set out the key features of arbitration in each institution, such as its position on the confidentiality of arbitration, the availability of expedited procedures and consolidation of disputes, and any time limits for rendering of the award. Jurisdictions were also invited to describe how costs and fees are typically dealt with by the institution and to mention any special or unusual features of its procedure. The diversity and breadth of global international arbitration practice is clearly displayed in these chapters. The Baker and McKenzie International Arbitration Yearbook 2014-2015 provides critical commentary about world-wide developments that directly affect the risks and challenges of doing business locally and internationally and managing the disputes that follow.
Book Synopsis Arbitration in Air, Space and Telecommunications Law:Enforcing Regulatory Measures by :
Download or read book Arbitration in Air, Space and Telecommunications Law:Enforcing Regulatory Measures written by and published by Springer. This book was released on 2002-02-07 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: The third volume in The Permanent Court of Arbitration/Peace Palace Papers series, published by Kluwer Law International, reproduces the papers presented at the Third International Law Seminar, held at the Peace Palace on February 23, 2001. This seminar, which was organized in cooperation with the European Organization for the Safety of Air Navigation (EUROCONTROL), addressed a topic of pressing interest to private practitioners, governments, and international organizations: the role of dispute resolution mechanisms in the fields of air and space law and telecommunications activities. In this publication, prominent experts examine the international instruments in air, space, and telecommunications law and the need for a mandatory supranational dispute settlement mechanism. The EUROCONTROL draft Arbitration Policy is dealt with in great depth by various authors, and the experiences of the European Space Agency and the International Telecommunications Union with respect to dispute settlement are also reviewed. More general issues of pre-arbitration procedures, expedited arbitration, enforcement, and the need for specialist expertise are also considered. This volume also features a French language summary of the seminar papers, and reproduces texts of the 1997 EUROCONTROL Revised Convention, the EUROCONTROL draft Arbitration Policy, and the Final Draft of the Revised Convention on the Settlement of Disputes Related to Space Activities.
Book Synopsis Business Arbitration--what You Need to Know by : Robert Coulson
Download or read book Business Arbitration--what You Need to Know written by Robert Coulson and published by . This book was released on 1991 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Process of International Arbitration by : Kenneth Smith Carlston
Download or read book The Process of International Arbitration written by Kenneth Smith Carlston and published by . This book was released on 1972 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Planning Efficient Arbitration Proceedings:The Law Applicable in International Arbitration by : Albert Van den Berg
Download or read book Planning Efficient Arbitration Proceedings:The Law Applicable in International Arbitration written by Albert Van den Berg and published by Springer. This book was released on 1996-04-26 with total page 636 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preface --Welcoming Address --Opening Addresses --Working Group I Planning Efficient Arbitration Proceedings --Working Group II The Law Applicable in International Arbitration.
Book Synopsis International Dispute Resolution:Towards an International Arbitration Culture by : A. J. van den Berg
Download or read book International Dispute Resolution:Towards an International Arbitration Culture written by A. J. van den Berg and published by Springer. This book was released on 1998-03-06 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: In ICCA's eighth Congress Series, international experts, professionals and practitioners in the field of arbitration examine the topic of the culture of international arbitration. ICCA's 1996 Seoul Conference, hosted by the Korean Commercial Arbitration Board, addressed four questions: is there a growing international arbitration culture? is there an expanding culture that favours combining arbitration, conciliation or other dispute resolution procedures? to what extent do arbitrators in international cases disregard the bag and baggage of national systems? and when and where do national courts reflect an international culture when deciding issues relating to international arbitration'.
Book Synopsis Handbook of ICC Arbitration by : Thomas H. Webster
Download or read book Handbook of ICC Arbitration written by Thomas H. Webster and published by . This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The main focus of thei fifth edition is the application of the amendments to the ICC Rules in 2017 and the introduction of several new provisions in 2021, both under the aegis of Alexis Mourre as President of the ICC Court. These include in particular, the the application of Article 29 with respect to emergency arbitrators introduced in 2012 as well as the application of Article 30 with respect to expedited procedures introduced in 2017. In addition in 2021, was another welcome addition to the ICC Rules in Article 43 which provides that claims against the ICC are subject to French law and to the Paris Judicial Tribunal."--Pref.
