International Commercial Dispute Resolution

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New Frontiers in Asia-Pacific International Arbitration and Dispute Resolution

Author : Shahla Ali
Publisher : Kluwer Law International B.V.
ISBN 13 : 940352863X
Total Pages : 313 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis New Frontiers in Asia-Pacific International Arbitration and Dispute Resolution by : Shahla Ali

Download or read book New Frontiers in Asia-Pacific International Arbitration and Dispute Resolution written by Shahla Ali and published by Kluwer Law International B.V.. This book was released on 2020-12-10 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Arbitration Law Library Volume 59 The eastward shift in international dispute resolution has already involved initiatives not only to improve support for international commercial arbitration (ICA) and investor-state dispute settlement (ISDS) but also to develop alternatives such as international commercial courts and mediation. Focusing on these initiatives and their accompanying case law and trends in the Asia-Pacific region, this invaluable book challenges existing procedures and frameworks for cross-border dispute resolution in both commercial and treaty arbitration. Specially assembled for this project, an outstanding team of experienced and insightful arbitrators and scholars describes pertinent developments including: ICA and ISDS in the context of China’s Belt and Road Initiative; the Singapore Convention on Mediation; the shift to virtual hearings and other challenges from the COVID-19 pandemic; mistrust of the application of the rule of law in certain East Asian jurisdictions; growing public concern over ISDS arbitration; tensions between confidentiality and transparency; and potential regional harmonisation of the public policy exception to arbitral enforcement. The contributors chart evolving practices and high-profile cases to make informed observations about where changes are needed, as well as educated guesses about the chances of reforms being successful and the consequences if they are not. The main jurisdictions covered are China, Hong Kong, Japan, Malaysia, India, Australia and Singapore. The first in-depth study of recent trends in dispute resolution practice related to business in the Asia-Pacific region, the book’s practical analysis of new resources for dealing with the increasing competition among countries to become credible regional dispute resolution hubs will prove to be of great value to specialists in the international business law sector. Lawyers will be enabled to make informed decisions on which venue and dispute resolution methods are the most suitable for any specific dispute in the region, and policymakers will confidently assess emerging trends in international dispute resolution policy development and treaty-making.

Mediation in International Commercial and Investment Disputes

Author : Catharine Titi
Publisher : Oxford University Press, USA
ISBN 13 : 0198827954
Total Pages : 417 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Mediation in International Commercial and Investment Disputes by : Catharine Titi

Download or read book Mediation in International Commercial and Investment Disputes written by Catharine Titi and published by Oxford University Press, USA. This book was released on 2019 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: Until now, the resolution of international commercial and investment disputes has been dominated almost exclusively by international arbitration. But that is changing. Whilst they may be complementary mechanisms, international mediation and conciliation are now coming to the fore. Mediation rules that were in disuse gather momentum, and dispute settlement centres are introducing new mediation rules. The European Union is encouraging international mediation in both the commercial and investment spheres. The 2019 Singapore Mediation Convention of the United Nations Commission on International Trade Law (UNCITRAL) is aiming to ensure enforcement of international commercial settlement agreements resulting from mediation. The first investor-State disputes are mediated under the International Bar Association (IBA) rules. The International Centre for Settlement of Investment Disputes (ICSID)'s conciliation mechanism is resorted to more often than in the past. The International Chamber of Commerce (ICC) has recently administered its first mediation case based on a bilateral investment treaty, and a new training market on mediation is flourishing. Mediation in Commercial and Investment Disputes brings together a line-up of outstanding, highly-qualified experts from academia, mediation and arbitration institutions, and international legal practice, to address this highly topical, complex subject from a variety of angles.

A Manual of International Dispute Resolution

Author : Anthony Connerty
Publisher : Commonwealth Secretariat
ISBN 13 : 9780850928372
Total Pages : 392 pages
Book Rating : 4.9/5 (283 download)

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Book Synopsis A Manual of International Dispute Resolution by : Anthony Connerty

Download or read book A Manual of International Dispute Resolution written by Anthony Connerty and published by Commonwealth Secretariat. This book was released on 2006 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: A practical guide to international dispute resolution and settlement, especially in the fields of trade and commerce, investment, and intellectual property. The book will be of interest to readers worldwide who need to understand international dispute resolution processes and institutions.

International Commercial Dispute Resolution

Author : Jonathan Warne
Publisher : Bloomsbury Professional
ISBN 13 : 9781847661340
Total Pages : 0 pages
Book Rating : 4.6/5 (613 download)

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Book Synopsis International Commercial Dispute Resolution by : Jonathan Warne

Download or read book International Commercial Dispute Resolution written by Jonathan Warne and published by Bloomsbury Professional. This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The world of dispute resolution made clear International Commercial Dispute Resolution is a new title that reflects the way in which the litigation arena has changed over recent years. Cross-border business relationships and the present economic climate have markedly increased the potential for commercial disputes to arise between parties in different jurisdictions, and clients are increasingly looking for the most time and cost effective way of resolving disputes. Expert advice from leading practitioners in 24 jurisdictions With contributions from leading practitioners, this practical book looks at dispute resolution in 24 jurisdictions that represent the world s major international trade centres and developing legal systems. User-friendly and practical structure Each chapter is devoted to a different jurisdiction and follows the same structure. It provides a practical summary of the relevant legal systems and offers an insight into the manner in which each jurisdiction seeks to resolve commercial disputes, both through traditional court proceedings and alternative dispute resolution techniques Written by leading local practitioners, each chapter opens with a round-up of the key issues that you will need to consider when dealing with this country, and includes flowcharts summarising the procedural stages of litigation This book is an essential addition to the bookshelf of every international litigator 5 key reasons why you need this book * Covers 24 key jurisdictions throughout the world * Provides an authoritative overview from leading local practitioners * Includes flow charts summarising the procedural stages of litigation * Highlights the key issues that must be considered when dealing with each jurisdiction * Covers traditional court proceedings and alternative dispute resolution techniques 24 jurisdictions covered- Australia; Bermuda; Brazil; Canada; Cayman Islands; China; Czech Republic; England & Wales; France; Germany; Guernsey; Hong Kong; India; Japan; Je

Multi-Tier Approaches to the Resolution of International Disputes

Author : Anselmo Reyes
Publisher : Cambridge University Press
ISBN 13 : 1108490603
Total Pages : 545 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Multi-Tier Approaches to the Resolution of International Disputes by : Anselmo Reyes

Download or read book Multi-Tier Approaches to the Resolution of International Disputes written by Anselmo Reyes and published by Cambridge University Press. This book was released on 2021-12-16 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides a comprehensive global survey on multi-tier dispute resolution, examining its trends, its strengths and weaknesses, and the way forward.

Combining Mediation and Arbitration in International Commercial Dispute Resolution

Author : Dilyara Nigmatullina
Publisher : Routledge Research in International Commercial Law
ISBN 13 : 9781138478404
Total Pages : 279 pages
Book Rating : 4.4/5 (784 download)

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Book Synopsis Combining Mediation and Arbitration in International Commercial Dispute Resolution by : Dilyara Nigmatullina

Download or read book Combining Mediation and Arbitration in International Commercial Dispute Resolution written by Dilyara Nigmatullina and published by Routledge Research in International Commercial Law. This book was released on 2018-06-22 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: Securing fast, inexpensive, and enforceable redress is vital for the development of international commerce. In a changing international commercial dispute resolution landscape, the combined use of mediation and arbitration has emerged as a dispute resolution approach which offers these benefits. However, to date there has been little agreement on several aspects of the combined use of processes, which the literature often explains by reference to the practitioner's legal culture, and there is debate as to how appropriate it is for the same neutral to conduct both mediation and arbitration. Identifying the main ways of addressing concerns associated with the same neutral conducting both mediation and arbitration (same neutral (arb)-med-arb), this book examines how effectively these methods achieve the goal of fast, inexpensive, and enforceable dispute resolution, evaluating to what extent the perception and use of the same neutral (arb)-med-arb depends on the practitioner's legal culture, arguing that this is not a 'one-size-fits-all' process. Presenting an empirical study of the combined use of mediation and arbitration in international commercial dispute resolution, this book synthesises existing ways of addressing concerns associated with the same neutral (arb)-med-arb to provide recommendations on how to enhance the use of combinations in the future.

International Commercial Courts

Author : Stavros Brekoulakis
Publisher : Cambridge University Press
ISBN 13 : 1316519252
Total Pages : 591 pages
Book Rating : 4.3/5 (165 download)

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Book Synopsis International Commercial Courts by : Stavros Brekoulakis

Download or read book International Commercial Courts written by Stavros Brekoulakis and published by Cambridge University Press. This book was released on 2022-04-21 with total page 591 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book presents international commercial courts from a comparative perspective and highlights their role in transnational adjudication.

China and International Commercial Dispute Resolution

Author : Qiao Liu
Publisher : BRILL
ISBN 13 : 9004306730
Total Pages : 368 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis China and International Commercial Dispute Resolution by : Qiao Liu

Download or read book China and International Commercial Dispute Resolution written by Qiao Liu and published by BRILL. This book was released on 2015-10-30 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: China and International Commercial Dispute Resolution is a unique collection of papers which deal expertly with legal issues arising from international commercial dispute resolution in China, utilizing a multiplicity of approaches including doctrinal, comparative, empirical, economic and legal analyses.

Comparative International Commercial Arbitration

Author : Julian D. M. Lew
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041115684
Total Pages : 994 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Comparative International Commercial Arbitration by : Julian D. M. Lew

Download or read book Comparative International Commercial Arbitration written by Julian D. M. Lew and published by Kluwer Law International B.V.. This book was released on 2003-01-01 with total page 994 pages. Available in PDF, EPUB and Kindle. Book excerpt: This treatise describes the practice of international commercial arbitration with reference to the major international treaties and instruments, arbitration rules and national laws. It provides an analysis of the interaction between party autonomy and arbitration practice.

International Commercial Disputes

Author : Rodney J. Gates
Publisher : APEC Committee on Trade and Investment. Dispute Meditation Experts Group
ISBN 13 :
Total Pages : 286 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis International Commercial Disputes by : Rodney J. Gates

Download or read book International Commercial Disputes written by Rodney J. Gates and published by APEC Committee on Trade and Investment. Dispute Meditation Experts Group. This book was released on 1997 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Principles and Practice of International Commercial Arbitration

Author : Margaret L. Moses
Publisher : Cambridge University Press
ISBN 13 : 1139469975
Total Pages : 91 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis The Principles and Practice of International Commercial Arbitration by : Margaret L. Moses

Download or read book The Principles and Practice of International Commercial Arbitration written by Margaret L. Moses and published by Cambridge University Press. This book was released on 2008-03-17 with total page 91 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title provides the reader with immediate access to understanding the world of international arbitration. Arbitration has become the dispute resolution method of choice in international transactions. This book explains how and why arbitration works. It provides the legal and regulatory framework for international arbitration, as well as practical strategies to follow and pitfalls to avoid. It is short and readable, but comprehensive in its coverage of the basic requirements, including changes in arbitration laws, rules, and guidelines. In the book, the author includes insights from numerous international arbitrators and counsel, who tell firsthand about their own experiences of arbitration and their views of the best arbitration practices. Throughout the book, the principles of arbitration are supported and explained by the practice, providing a concrete approach to an important means of resolving disputes.

International Commercial Arbitration

Author : Franco Ferrari
Publisher : Edward Elgar Publishing
ISBN 13 : 1800882793
Total Pages : 288 pages
Book Rating : 4.8/5 (8 download)

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Book Synopsis International Commercial Arbitration by : Franco Ferrari

Download or read book International Commercial Arbitration written by Franco Ferrari and published by Edward Elgar Publishing. This book was released on 2021-06-25 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This indispensable book offers a concise comparative introduction to international commercial arbitration (ICA). With reference to recent case law from leading jurisdictions and up-to-date rules revisions, International Commercial Arbitration offers a thorough overview of the issues raised in arbitration, from the time of drafting of the arbitration clause to the rendering of the arbitral award and the post-award stage.

Rethinking International Commercial Arbitration

Author : Gilles Cuniberti
Publisher : Edward Elgar Publishing
ISBN 13 : 1786432404
Total Pages : 256 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis Rethinking International Commercial Arbitration by : Gilles Cuniberti

Download or read book Rethinking International Commercial Arbitration written by Gilles Cuniberti and published by Edward Elgar Publishing. This book was released on 2017-05-26 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration is the normal and preferred mode for resolving international commercial disputes. It presents an essential advantage over national courts by offering neutrality of adjudication, but is currently only available where both parties have consented to it. This innovative book proposes a fundamental rethink of this assumption and argues that arbitration should become the default mode of resolution in international commercial disputes.

International Dispute Resolution

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

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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

International Dispute Resolution and the Public Policy Exception

Author : Farshad Ghodoosi
Publisher : Routledge
ISBN 13 : 1317292839
Total Pages : 169 pages
Book Rating : 4.3/5 (172 download)

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Book Synopsis International Dispute Resolution and the Public Policy Exception by : Farshad Ghodoosi

Download or read book International Dispute Resolution and the Public Policy Exception written by Farshad Ghodoosi and published by Routledge. This book was released on 2016-06-10 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite the unprecedented growth of arbitration and other means of ADR in treaties and transnational contracts in recent years, there remains no clearly defined mechanism for control of the system. One of the oldest yet largely marginalized concepts in law is the public policy exception. This doctrine grants discretion to courts to set aside private legal arrangements, including arbitration, which might be considered harmful to the "public". The exceptional and vague nature of the doctrine, along with the strong push of actors in dispute resolution, has transformed it, in certain jurisdictions, to a toothless doctrine. At the international level, the notion of transnational public policy has been devised in order to capture norms that are "truly" transnational and amenable for application in cross-border litigations. Yet, despite the importance of this discussion—a safety valve and a control mechanism for today’s international and domestic international dispute resolution— no major study has ventured to review and analyze it. This book provides a historical, theoretical and practical background on public policy in dispute resolution with a focus on cross-border and transnational disputes. Farshad Ghodoosi argues that courts should adopt a more systemic approach to public policy while rejecting notions such as transnational public policy, which limits the application of those norms with mandatory nature. Contrary to the current trend, the book invites the reader to re-conceptualize the role of public policy, and transnational dispute resolution, in order to have more sustainable, fair and efficient mechanisms for resolving disputes outside of national courts. The book sheds light on one of the most important yet often-neglected control mechanisms of today’s international dispute resolution and will be of particular interest to students and academics in the fields of International Investment Law, International Trade Law, Business and Economics.

International Arbitration and Mediation

Author : Michael McIlwrath
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041126104
Total Pages : 530 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis International Arbitration and Mediation by : Michael McIlwrath

Download or read book International Arbitration and Mediation written by Michael McIlwrath and published by Kluwer Law International B.V.. This book was released on 2010-01-01 with total page 530 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is intended as an easily accessible desktop resource for lawyers who regularly counsel businesses when negotiating international deals, and for those who represent the same clients in achieving a successful resolution when disputes emerge. The text is divided into chapters that follow the life cycle of an international commercial dispute as seen through the eyes of the parties, from when they agree how to resolve disputes in their contracts to the endgame of enforcement. Additionally, the appendices include a number of model submissions for further reference.--Provided by publisher.

Combining Mediation and Arbitration in International Commercial Dispute Resolution

Author : Dilyara Nigmatullina
Publisher : Routledge
ISBN 13 : 1351068628
Total Pages : 279 pages
Book Rating : 4.3/5 (51 download)

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Book Synopsis Combining Mediation and Arbitration in International Commercial Dispute Resolution by : Dilyara Nigmatullina

Download or read book Combining Mediation and Arbitration in International Commercial Dispute Resolution written by Dilyara Nigmatullina and published by Routledge. This book was released on 2018-06-28 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: Securing fast, inexpensive, and enforceable redress is vital for the development of international commerce. In a changing international commercial dispute resolution landscape, the combined use of mediation and arbitration has emerged as a dispute resolution approach which offers these benefits. However, to date there has been little agreement on several aspects of the combined use of processes, which the literature often explains by reference to the practitioner’s legal culture, and there is debate as to how appropriate it is for the same neutral to conduct both mediation and arbitration. Identifying the main ways of addressing concerns associated with the same neutral conducting both mediation and arbitration (same neutral (arb)-med-arb), this book examines how effectively these methods achieve the goal of fast, inexpensive, and enforceable dispute resolution, evaluating to what extent the perception and use of the same neutral (arb)-med-arb depends on the practitioner’s legal culture, arguing that this is not a ‘one-size-fits-all’ process. Presenting an empirical study of the combined use of mediation and arbitration in international commercial dispute resolution, this book synthesises existing ways of addressing concerns associated with the same neutral (arb)-med-arb to provide recommendations on how to enhance the use of combinations in the future.