Interim And Emergency Relief In International Arbitration International Law Institute Series On International Law Arbitration And Practice

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Interim and Emergency Relief in International Arbitration - International Law Institute Series on International Law, Arbitration and Practice

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Author : Diora Ziyaeva
Publisher : Juris Publishing, Inc.
ISBN 13 : 1937518701
Total Pages : 389 pages
Book Rating : 4.9/5 (375 download)

Book Synopsis Interim and Emergency Relief in International Arbitration - International Law Institute Series on International Law, Arbitration and Practice by : Diora Ziyaeva

Download or read book Interim and Emergency Relief in International Arbitration - International Law Institute Series on International Law, Arbitration and Practice written by Diora Ziyaeva and published by Juris Publishing, Inc.. This book was released on 2015-05-01 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: Interim and Emergency Relief In International Arbitration is a compilation of papers authored by some of the world’s leading international arbitration practitioners. It addresses issues relating to obtaining interim measure orders, including the relevant applicable standards such as irreparable harm that various international courts and tribunals, under the ICSID, UNCITRAL, ICC, SCC, and some domestic law jurisdictions often apply. It also touches upon theoretical and practical issues involving compliance with and enforcement of interim measures in international arbitration. These issues naturally are raised in the context of an ongoing discourse where tribunals have different, at times imperfect tactics for encouraging compliance with their interim measures including drawing adverse inferences, issuing diplomatic statements against a sovereign stopping just short of ordering interim measures, splitting the sum of security for costs and allowing for reimbursement, and levying heavier damages against the non-complying party without changing the substantive aspects of the award. This book explores these methods and identifies the latest trends in this exciting area of international law. Interim and Emergency Relief In International Arbitration is intended for arbitrators, practicing attorneys, representatives of international arbitral institutions and academics, all of whom will find this book very useful. The compilation of papers and presentations in the book cover a number of jurisdictions including East Asia, the Middle East, Europe and North America.

Provisional and Emergency Measures in International Arbitration

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Author : Julien Fouret
Publisher : Edward Elgar Publishing
ISBN 13 : 1802205497
Total Pages : 563 pages
Book Rating : 4.8/5 (22 download)

Book Synopsis Provisional and Emergency Measures in International Arbitration by : Julien Fouret

Download or read book Provisional and Emergency Measures in International Arbitration written by Julien Fouret and published by Edward Elgar Publishing. This book was released on 2023-07-01 with total page 563 pages. Available in PDF, EPUB and Kindle. Book excerpt: The increase in the complexity and length of international arbitration procedures has resulted in a growing demand for both provisional and emergency measures to facilitate the preservation of the parties’ rights until a final award is rendered. In Provisional and Emergency Measures in International Arbitration, Julien Fouret has brought together many of the leading international arbitration practitioners to examine this highly topical subject.

Interim Measures in International Commercial Arbitration

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Author : Association for International Arbitration
Publisher : Maklu
ISBN 13 : 9789046601440
Total Pages : 136 pages
Book Rating : 4.6/5 (14 download)

Book Synopsis Interim Measures in International Commercial Arbitration by : Association for International Arbitration

Download or read book Interim Measures in International Commercial Arbitration written by Association for International Arbitration and published by Maklu. This book was released on 2007 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Association for International Arbitration (AIA) was founded in order to promote Arbitration and increase the level of knowledge about Alternative Dispute Resolutions.This book is the result of a conference held in October 2007.The contributions are written by international experts and based on analytical insights and research of new tendencies that provide in-depth information.The theme is a vital issue for arbitration services users and practitioners and also an interesting topic for scholars and students.

Interim Measures in Cross-Border Civil and Commercial Disputes

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Author : Deyan Draguiev
Publisher : Springer Nature
ISBN 13 : 3031287045
Total Pages : 166 pages
Book Rating : 4.0/5 (312 download)

Book Synopsis Interim Measures in Cross-Border Civil and Commercial Disputes by : Deyan Draguiev

Download or read book Interim Measures in Cross-Border Civil and Commercial Disputes written by Deyan Draguiev and published by Springer Nature. This book was released on 2023-05-27 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book focusses on applying a holistic overview of interim measures and associated procedures in the context of cross-border private law (civil and commercial) disputes that are the subject of international litigation and arbitration proceedings. It reexamines key features of said problem and outlines novel findings on interim relief in the area of international dispute resolution. The book analyses the rules of EU law (EU law regulations such as the Regulation Brussels Ibis and the rest of the Brussels regime) as the single system of cross-border jurisdictional rules, as well as the rules of international arbitration (both commercial and investment). In the process, it conducts a complete mapping of interim measures problems and explores the criteria for granting relief under national laws. For this purpose, it includes an extensive comparative law overview of many jurisdictions in Europe, Asia, Africa, the Americas, etc., to reveal common standards for granting interim relief. Interim relief is a salient problem in dispute resolution, and serious international disputes usually require requests for such measures. This makes a more complete understanding all the more important. For scholars and practitioners alike, there are various ways to seek relief; precisely this complexity calls for a more complex and multilayered analysis, which does not (as is usually the case) adopt the perspective of either litigation or arbitration, but instead weighs the pros and cons and considers the viability and reliability of the different options, viewed from all angles.

Interim Measures in International Arbitration

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Author : Lawrence W. Newma
Publisher : Juris Publishing, Inc.
ISBN 13 : 193751840X
Total Pages : 956 pages
Book Rating : 4.9/5 (375 download)

Book Synopsis Interim Measures in International Arbitration by : Lawrence W. Newma

Download or read book Interim Measures in International Arbitration written by Lawrence W. Newma and published by Juris Publishing, Inc.. This book was released on 2014-06-01 with total page 956 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first edition of Interim Measures in International Arbitration edited by Lawrence Newman and Dr. Colin Ong, is most auspicious in its timing. The editors have compiled a shrewd and very practical questionnaire and they have gathered together a formidable group of some of the most reputed and talented practising arbitration lawyers, academics and arbitrators from 43 leading jurisdictions to inform the reader about the essential elements of the different interim measures which are available as part of the arbitral process in a very large number of different national jurisdictions. This book, thus, combines the best elements of a focused legal textbook with the essential practicalities of a practitioners' procedural handbook. This should be a standard travelling-companion of international arbitrators and counsel as well as many international lawyers--not just those who are arbitration specialists.

AAA Handbook on International Arbitration and ADR - Second Edition

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Author : American Arbitration Association
Publisher : Juris Publishing, Inc.
ISBN 13 : 1933833483
Total Pages : 492 pages
Book Rating : 4.9/5 (338 download)

Book Synopsis AAA Handbook on International Arbitration and ADR - Second Edition by : American Arbitration Association

Download or read book AAA Handbook on International Arbitration and ADR - Second Edition written by American Arbitration Association and published by Juris Publishing, Inc.. This book was released on 2010-10-01 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: Assembled from Dispute Resolution Journal - the flagship publication of the American Arbitration Association - the chapters in the Handbook have all, where necessary, been revised and updated prior to publication. The book is succinct, comprehensive and a practical introduction to the use of arbitration and ADR, written by leading practitioners and scholars. The Handbook contains valuable guidance on international commercial arbitration, including the management of arbitration disputes, how to select an international arbitral institution, an explanation of the effect of international public policy, the duties of arbitrators, the presentation and evaluation of evidence in international arbitration, and how to arbitrate against a state sovereign. The enforcement of international arbitral awards is explored, including interim relief and problems with enforcement, the New York Convention, parallel proceedings, and pivotal decisions such as Chromalloy and TermoRio. International mediation is also examined, including guidelines for selecting the best mediator for an international dispute, the power of mediation to resolve international commercial disputes, and the differences in U.S. and European approaches. Lastly, the section on investment and trade arbitration and mediation explores bilateral investment treaties, examines WTO arbitration procedures, offers advice on saving time and money in cross-border commercial disputes, and provides guidance for U.S. investors to follow in dealing with sovereign states. The chapters in the Handbook were selected from an extensive body of writings and, in the main, represent world-class assessments of arbitration and ADR practice. All the major facets of the field are addressed and provide the reader with comprehensive and accurate information, lucid evaluations, and an indication of future developments. They not only acquaint, but also ground the reader in the field.

International Arbitration in the United States

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Author : Laurence Shore
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041190813
Total Pages : 888 pages
Book Rating : 4.0/5 (411 download)

Book Synopsis International Arbitration in the United States by : Laurence Shore

Download or read book International Arbitration in the United States written by Laurence Shore and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 888 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Arbitration in the United States is a comprehensive analysis of international arbitration law and practice in the United States (U.S.). Choosing an arbitration seat in the U.S. is a common choice among parties to international commercial agreements or treaties. However, the complexities of arbitrating in a federal system, and the continuing development of U.S. arbitration law and practice, can be daunting to even experienced arbitrators. This book, the first of its kind, provides parties opting for “private justice” with vital judicial reassurance on U.S. courts’ highly supportive posture in enforcing awards and its pronounced reluctance to intervene in the arbitral process. With a nationwide treatment describing both the default forum under federal arbitration law and the array of options to which parties may agree in state courts under state international arbitration statutes, this book covers aspects of U.S. arbitration law and practice as the following: .institutions and institutional rules that practitioners typically use; .ethical considerations; .costs and fees; .provisional measures; and .confidentiality. There are also chapters on arbitration in specialized areas such as class actions, securities, construction, insurance, and intellectual property.

Yearbook Commercial Arbitration: Volume XL 2015

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041159479
Total Pages : 810 pages
Book Rating : 4.0/5 (411 download)

Book Synopsis Yearbook Commercial Arbitration: Volume XL 2015 by :

Download or read book Yearbook Commercial Arbitration: Volume XL 2015 written by and published by Kluwer Law International B.V.. This book was released on 2015-12-21 with total page 810 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Yearbook Commercial Arbitration continues its longstanding commitment to serving as a primary resource for the international arbitration community with reporting on arbitral awards and court decisions applying the leading arbitration conventions, as well as on arbitration legislation and rules. Volume XL (2015) includes:; • excerpts of arbitral awards made under the auspices of the International Chamber of Commerce (ICC) and the Paris International Arbitration Chamber (CAIP); • notes on new and amended arbitration rules, including references to their online publication; • notes on recent developments in arbitration law and practice in Andorra, Australia, Belarus, Brazil, Comoros, the Democratic Republic of the Congo, the Dubai International Financial Centre (DIFC), Latvia, Slovakia, the State of Palestine, Turkey and the United States; • excerpts of 68 court decisions applying the 1958 New York Convention from 24 countries – including, for the first time, cases from Anguilla, Belarus and Latvia – all indexed by subject matter and linked to the General Editor's published commentaries on the New York Convention;; • an extensive Bibliography of recent books and journals on arbitration. The Yearbook is edited by the International Council for Commercial Arbitration (ICCA), the world's leading organization representing practitioners and academics in the field, with the assistance of the Permanent Court of Arbitration, The Hague. It is an essential tool for lawyers, business people and scholars involved in the practice and study of international arbitration.

Contract Interpretation in Investment Treaty Arbitration

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Author : Yuliya Chernykh
Publisher : BRILL
ISBN 13 : 9004414703
Total Pages : 629 pages
Book Rating : 4.0/5 (44 download)

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.

SUPPLEMENTARY MATERIAL

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Author : CIArb
Publisher : Author House
ISBN 13 : 1504936582
Total Pages : 733 pages
Book Rating : 4.5/5 (49 download)

Book Synopsis SUPPLEMENTARY MATERIAL by : CIArb

Download or read book SUPPLEMENTARY MATERIAL written by CIArb and published by Author House. This book was released on 2015-01-28 with total page 733 pages. Available in PDF, EPUB and Kindle. Book excerpt: " 'In fulfilling our objectives, CIArb operates under a Golden Thread. It does so by delivering education, training and qualifications; developing the learned society; and facilitating the use of ADR mechanisms. This supplementary material facilitates each of these elements. Whether as a student following the CIArb Pathways Programme or as an arbitration practitioner, this work provides a useful tool to enhance and develop the knowledge and practice of international arbitration.' Anthony Abrahams Director General The Chartered Institute of Arbitrators is a learned society that works in the public interest to promote and facilitate the use of alternative dispute resolution (ADR) mechanisms. Founded in 1915 and with a Royal Charter granted in 1979, it is a UK-based institution that has gained international presence in more than 100 countries and has more than 13,000 professionally qualified members around the world. Chartered Institute of Arbitrators 12 Bloomsbury Square London, United Kingdom WC1A 2LP T: +44 (0)20 7421 7444 www.ciarb.org Registered Charity: 803725 International Commercial Arbitration is the fastest growing dispute settlement discipline. The complexities surrounding its regulatory framework combined with an ever-increasing -- and constantly evolving -- set of acts, rules, guidelines, protocols, regulations, national legislation, international treaties, and so on may appear daunting at first glance. This ""collection of documents"" or ""supplementary material"" is designed to provide the essential reading for all those who are eager to pursue a career in international arbitration. It will also appeal to arbitration practitioners wishing to have easy access to over 700 pages of arbitration-related resources. "

Interpretation of International Investment Treaties

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Author : Tarcisio Gazzini
Publisher : Bloomsbury Publishing
ISBN 13 : 1782255664
Total Pages : 423 pages
Book Rating : 4.7/5 (822 download)

Book Synopsis Interpretation of International Investment Treaties by : Tarcisio Gazzini

Download or read book Interpretation of International Investment Treaties written by Tarcisio Gazzini and published by Bloomsbury Publishing. This book was released on 2016-11-03 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a systematic study of the interpretation of investment-related treaties – primarily bilateral investment treaties, the Energy Charter Treaty, Chapter XI NAFTA as well as relevant parts of Free Trade Agreements. The importance of interpretation in international law cannot be overstated and, indeed, most treaty claims adjudicated before investment arbitral tribunals have raised and continue to raise crucial and often complex issues of interpretation. The interpretation of investment treaties is governed by the Vienna Convention on the Law of Treaties (VCLT). The disputes relating to these treaties, however, are rather peculiar as they place multinational companies (or natural person) in opposition to sovereign governments. Fundamental questions dealt with in the study include: Are investment treaties a special category of treaty for the purpose of interpretation? How have the rules on interpretation contained in the VCLT been applied in investment disputes? What are the main problems encountered in investment-related disputes? To what extent are the VCLT rules suited to the interpretation of investment treaties? Have tribunals developed new techniques concerning treaty interpretation? Are these techniques consistent with the VCLT? How can problems relating to interpretation be solved or minimised? How creative have arbitral tribunals been in interpreting investment treaties? Are States capable of keeping effective control over interpretation?

International Arbitral Jurisdiction

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Author : Chittharanjan F. Amerasinghe
Publisher : BRILL
ISBN 13 : 9004214763
Total Pages : 314 pages
Book Rating : 4.0/5 (42 download)

Book Synopsis International Arbitral Jurisdiction by : Chittharanjan F. Amerasinghe

Download or read book International Arbitral Jurisdiction written by Chittharanjan F. Amerasinghe and published by BRILL. This book was released on 2011-02-14 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the jurisdiction of international arbitral tribunals, International Arbitral Jurisdiction establishes general principles relating to such jurisdiction. The study refers to the principles of consent and its limitations, and also deals with such matters as interpretation of compromis and incidental jurisdiction.

International Dispute Resolution

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Author : Vesna Lazić
Publisher : Springer
ISBN 13 : 946265252X
Total Pages : 127 pages
Book Rating : 4.4/5 (626 download)

Book Synopsis International Dispute Resolution by : Vesna Lazić

Download or read book International Dispute Resolution written by Vesna Lazić and published by Springer. This book was released on 2018-07-26 with total page 127 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contributions in this book cover a wide range of topics within modern disputeresolution, which can be summarised as follows: harmonisation, enforcement andalternative dispute resolution. In particular, it looks into the impact of harmonisedEU law on national rules of civil procedure and addresses the lack of harmonisationin the US regarding the recognition and enforcement of foreign judgments. Furthermore,the law on enforcement is examined, not only by focusing on US law, but also onhow to attach assets in order to enforce a judgment. Finally, it addresses certain typesof alternative dispute resolution. In addition, the book looks into the systems andcultures of dispute resolution in several regions of the world, such as the EU, the US andChina, that have a high impact on globalisation. Hence, the book is diverse in the senseof dealing with multiple issues in the field of modern dispute resolution./div The book offers explorations of the impact of international rules and EU law on domesticcivil procedure, through case studies from, among others, the US, China, Belgium andthe Netherlands. The relevance of EU law for the national debate and its impact on theregulation of civil procedure is also considered. Furthermore, several contributions discussthe necessity and possibility of harmonisation in the emergency arbitrator mechanisms inthe EU. The harmonisation of private international law rules within the EU, particularlythose of a procedural nature, is juxtaposed to the lack thereof in the US. Also, the bookoffers an overview of the current dispute settlement mechanisms in China. The publication is primarily meant for legal academics in private international law andcivil procedure. It will also prove useful to practitioners regularly engaged in cross-borderdispute resolution and will be of added value to advanced students, as well as to those withan interest in international litigation and more generally in the area of dispute resolution. Vesna Lazić is Senior Researcher at the T.M.C. Asser Institute, Associate Professor ofPrivate Law at Utrecht University and Professor of European Civil Procedure at theUniversity of Rijeka. Steven Stuij is an expert in Private International Law and a PhD Candidate/GuestResearcher at the Erasmus School of Law, Rotterdam. Ton Jongbloed is Guest Editor on this volume./div

Model Rules of Professional Conduct

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Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

International Arbitration in Sweden

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Author : Annette Magnusson
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041148124
Total Pages : 406 pages
Book Rating : 4.0/5 (411 download)

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.

International Arbitration

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Author : Gary B. Born
Publisher : Aspen Publishing
ISBN 13 : 154385012X
Total Pages : 616 pages
Book Rating : 4.5/5 (438 download)

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

Domestic Arbitration

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Author : South African Law Commission
Publisher : South African Law Commission
ISBN 13 :
Total Pages : 174 pages
Book Rating : 4.F/5 ( download)

Book Synopsis Domestic Arbitration by : South African Law Commission

Download or read book Domestic Arbitration written by South African Law Commission and published by South African Law Commission. This book was released on 1999 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: