International Procedure In Interstate Litigation And Arbitration

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International Procedure in Interstate Litigation and Arbitration

Author : Eric De Brabandere
Publisher : Cambridge University Press
ISBN 13 : 1108963218
Total Pages : 445 pages
Book Rating : 4.1/5 (89 download)

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Book Synopsis International Procedure in Interstate Litigation and Arbitration by : Eric De Brabandere

Download or read book International Procedure in Interstate Litigation and Arbitration written by Eric De Brabandere and published by Cambridge University Press. This book was released on 2021-11-25 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: The settlement of interstate disputes through recourse to courts and tribunals has grown gradually over the years, not only through the creation of new mechanisms to that effect, but also by using existing courts and tribunals. How these different international dispute settlement mechanisms operate in theory and practice is the subject of this comparative analysis by academic and practicing lawyers. The book takes stock of the procedure applicable in various interstate dispute settlement bodies, including international and regional courts and tribunals, and arbitration. This comparative view is essential to a better understanding of the strengths and weaknesses of the various procedural rules and regulations and the practical operation of international litigation. This book is aimed not only at scholars, but also at the courts and tribunals themselves, assisting them in revising their procedures, and at States and organisations developing future international legal mechanisms.

International Procedure in Interstate Litigation and Arbitration

Author : Eric De Brabandere
Publisher : Cambridge University Press
ISBN 13 : 1108845312
Total Pages : 445 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis International Procedure in Interstate Litigation and Arbitration by : Eric De Brabandere

International Dispute Settlement

Author : J. G. Merrills
Publisher : Cambridge University Press
ISBN 13 : 1139500120
Total Pages : 387 pages
Book Rating : 4.1/5 (395 download)

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Book Synopsis International Dispute Settlement by : J. G. Merrills

Download or read book International Dispute Settlement written by J. G. Merrills and published by Cambridge University Press. This book was released on 2011-03-17 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: A guide to the techniques and institutions used to solve international disputes, how they work and when they are used. This textbook looks at diplomatic (negotiation, mediation, inquiry and conciliation) and legal methods (arbitration, judicial settlement). It uses many, often topical, examples of each method in practice to place the theory of how things should work in the context of real-life situations and to help the reader understand the strengths and weaknesses of different methods when they are used. It also looks at organisations such as the International Court and the United Nations and has been fully updated to include the most recent arbitrations, developments in the WTO and the International Tribunal for the Law of the Sea, as well as case law from the International Court of Justice.

The Oxford Handbook of International Arbitration

Author : Thomas Schultz
Publisher : Oxford University Press
ISBN 13 : 0192515977
Total Pages : 1008 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis The Oxford Handbook of International Arbitration by : Thomas Schultz

Download or read book The Oxford Handbook of International Arbitration written by Thomas Schultz and published by Oxford University Press. This book was released on 2020-09-11 with total page 1008 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Handbook brings together many of the key scholars and leading practitioners in international arbitration, to present and examine cutting-edge knowledge in the field. Innovative in its breadth of coverage, chapter-topics range from the practicalities of how arbitration works, to big picture discussions of the actors involved and the values that underpin it. The book includes critical analysis of some of international arbitrations most controversial aspects, whilst providing a nuanced account overall that allows readers to draw their own informed conclusions. The book is divided into six parts, after an introduction discussing the formation of knowledge in the field. Part I provides an overview of the key legal notions needed to understand how international arbitration technically works, such as the relation between arbitration and law, the power of arbitral tribunals to make decisions, the appointment of arbitrators, and the role of public policy. Part II focuses on key actors in international arbitration, such as arbitrators, parties choosing arbitrators, and civil society. Part III examines the central values at stake in the field, including efficiency, legal certainty, and constitutional ideals. Part IV discusses intellectual paradigms structuring the thinking in and about international arbitration, such as the idea of autonomous transnational legal orders and conflicts of law. Part V presents the empirical evidence we currently have about the operations and effects of both commercial and investment arbitration. Finally, Part VI provides different disciplinary perspectives on international arbitration, including historical, sociological, literary, economic, and psychological accounts.

International Arbitration: Law and Practice in Switzerland

Author : Gabrielle Kaufmann-Kohler
Publisher : Oxford University Press
ISBN 13 : 0191669199
Total Pages : 732 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis International Arbitration: Law and Practice in Switzerland by : Gabrielle Kaufmann-Kohler

Download or read book International Arbitration: Law and Practice in Switzerland written by Gabrielle Kaufmann-Kohler and published by Oxford University Press. This book was released on 2015-10-22 with total page 732 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book expounds the theory of international arbitration law. It explains in easily accessible terms all the fundamentals of arbitration, from separability of the arbitration agreement to competence-competence over procedural autonomy, finality of the award, and many other concepts. It does so with a focus on international arbitration law and jurisprudence in Switzerland, a global leader in the field. With a broader reach than a commentary of Chapter 12 of the Swiss Private International Law Act, the discussion contains numerous references to comparative law and its developments in addition to an extensive review of the practice of international tribunals. Written by two well-known specialists - Professor Kaufmann-Kohler being one of the leading arbitrators worldwide and Professor Rigozzi one of the foremost experts in sports arbitration - the work reflects many years of experience in managing arbitral proceedings involving commercial, investment, and sports disputes. This expertise is the basis for the solutions proposed to resolve the many practical issues that may arise in the course of an arbitration. It also informs the discussion of the arbitration rules addressed in the book, from the ICC Arbitration Rules to the Swiss Rules of International Arbitration, the CAS Code, and the UNCITRAL Rules. While the book covers commercial and sports arbitrations primarily, it also applies to investment arbitrations conducted under rules other than the ICSID framework.

Interstate Arbitrations in the Greek World, 337–90 B.C.

Author : Sheila L. Ager
Publisher : Univ of California Press
ISBN 13 : 0520913493
Total Pages : 789 pages
Book Rating : 4.5/5 (29 download)

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Book Synopsis Interstate Arbitrations in the Greek World, 337–90 B.C. by : Sheila L. Ager

Download or read book Interstate Arbitrations in the Greek World, 337–90 B.C. written by Sheila L. Ager and published by Univ of California Press. This book was released on 2023-11-10 with total page 789 pages. Available in PDF, EPUB and Kindle. Book excerpt: A great deal of information has come to light over the past several decades about the role of arbitration between the Greek states. Arbitration and mediation were, in fact, central institutions in Hellenistic public life. In this comprehensive study, Sheila Ager brings together the scattered body of literary and epigraphical sources on arbitration, together with up-to-date bibliographic references, and commentary. The sources collected here range widely; Ager presents an exhaustive record of documents ranging from the settlement of a minor territorial squabble between two tiny city-states to the resolution of major conflicts separating the great powers of the day. In addition, Ager's introduction sets the documents in historical context and outlines distinctions among categories of arbitration. The work also includes indices to literary passages, inscriptions, persons, places, subjects, and Greek and Latin terms in the documents. This collection of many previously inaccessible texts will become a primary resource for any scholar or student working in the field of Hellenistic history.

The Cambridge Companion to International Arbitration

Author : C. L. Lim
Publisher : Cambridge University Press
ISBN 13 : 1108480594
Total Pages : 551 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis The Cambridge Companion to International Arbitration by : C. L. Lim

Download or read book The Cambridge Companion to International Arbitration written by C. L. Lim and published by Cambridge University Press. This book was released on 2021-10-21 with total page 551 pages. Available in PDF, EPUB and Kindle. Book excerpt: A convenient single volume introduction to international arbitration written by experts, including discussion of the latest developments.

Litigating International Law Disputes

Author : Natalie Klein
Publisher : Cambridge University Press
ISBN 13 : 1139916076
Total Pages : 533 pages
Book Rating : 4.1/5 (399 download)

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Book Synopsis Litigating International Law Disputes by : Natalie Klein

Download or read book Litigating International Law Disputes written by Natalie Klein and published by Cambridge University Press. This book was released on 2014-04-10 with total page 533 pages. Available in PDF, EPUB and Kindle. Book excerpt: Litigating International Law Disputes provides a fresh understanding of why states resort to international adjudication or arbitration to resolve international law disputes. A group of leading scholars and practitioners discern the reasons for the use of international litigation and other modes of dispute settlement by examining various substantive areas of international law (such as human rights, trade, environment, maritime boundaries, territorial sovereignty and investment law) as well as considering case studies from particular countries and regions. The chapters also canvass the roles of international lawyers, NGOs, and private actors, as well as the political dynamics of disputes, and identify emergent trends in dispute settlement for different areas of international law.

International Arbitration: Law and Practice

Author : Gary B. Born
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403532548
Total Pages : 627 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis International Arbitration: Law and Practice by : Gary B. Born

Download or read book International Arbitration: Law and Practice written by Gary B. Born and published by Kluwer Law International B.V.. This book was released on 2021-06-07 with total page 627 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Arbitration: Law and Practice (Third Edition) provides comprehensive and authoritative coverage of the basic principles and legal doctrines, and the practice, of international arbitration. The book contains a systematic, but concise, treatment of all aspects of the arbitral process, including international arbitration agreements, international arbitral proceedings and international arbitral awards. The Third Edition guides both students and practitioners through the entire arbitral process, beginning with drafting, enforcing and interpreting international arbitration agreements, to selecting arbitrators and conducting arbitral proceedings, to recognizing, enforcing and seeking to annul arbitral awards. The book is written in clear, accessible language, suited for both law students and non-specialist practitioners, as well as more experienced readers. This highly regarded work addresses both international commercial arbitration and the related fields of investment and state-to-state arbitration and is essential reading for any student of international arbitration and any practitioner seeking a complete introduction to the field. The Third Edition has been comprehensively updated to include recent legislative amendments, judicial decisions and arbitral awards. Among other things, the book provides detailed treatment of the New York Convention, the UNCITRAL Model Law on International Commercial Arbitration, all leading institutional arbitration rules (including ICC, SIAC, LCIA, AAA and others), the ICSID Convention and ICSID Arbitration Rules, and judicial decisions from leading jurisdictions. The Third Edition is integrated with the author’s classic International Commercial Arbitration and with the online Born International Arbitration Lectures, enabling students, teachers and practitioners to explore particular topics in more detail. About the Author: Gary B. Born is the world’s leading authority on international arbitration and litigation. He has practiced extensively in both fields in Europe, the United States, Asia and elsewhere. He is the author of International Commercial Arbitration (Kluwer Law International 3rd ed. 2021), International Arbitration and Forum Selection Agreements: Drafting and Enforcing (Kluwer Law International 6th ed. 2021), International Commercial Arbitration: Cases and Materials (Aspen 3rd ed. 2021) and International Civil Litigation in United States Courts (Aspen 6th ed. 2018).

Handbook on the Peaceful Settlement of Disputes Between States

Author : United Nations. Codification Division
Publisher : New York : United Nations
ISBN 13 :
Total Pages : 268 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Handbook on the Peaceful Settlement of Disputes Between States by : United Nations. Codification Division

Download or read book Handbook on the Peaceful Settlement of Disputes Between States written by United Nations. Codification Division and published by New York : United Nations. This book was released on 1992 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt:

International Arbitration Review

Author : James H Carter
Publisher : Law Business Research Ltd.
ISBN 13 : 1912377713
Total Pages : 926 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 926 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 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.

Investment Treaty Arbitration as Public International Law

Author : Eric De Brabandere
Publisher : Cambridge University Press
ISBN 13 : 1107066875
Total Pages : 265 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Investment Treaty Arbitration as Public International Law by : Eric De Brabandere

Download or read book Investment Treaty Arbitration as Public International Law written by Eric De Brabandere and published by Cambridge University Press. This book was released on 2014-09-15 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book demonstrates how the public international law character of investment treaty arbitration has impacted on the dispute settlement procedure.

Document Production in International Arbitration

Author : Reto Marghitola
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041166971
Total Pages : 343 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Document Production in International Arbitration by : Reto Marghitola

Download or read book Document Production in International Arbitration written by Reto Marghitola and published by Kluwer Law International B.V.. This book was released on 2015-10-20 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: Because document production can discover written evidence that would otherwise not be available, it is often the key to winning a case. However, document production proceedings can be a costly and time-consuming exercise, and arbitral awards in particular are often challenged on grounds that relate to document production orders. The task of balancing the conflicting interests of the parties in this context is a major responsibility of arbitral tribunals. This book's analysis focuses on whether there exist legal principles on which arbitrators should establish rules of document production in both civil law and common law countries, and shows how international arbitration is affected. The author examines the relevant discretion of arbitral tribunals under US, English, Swiss, German, and Austrian law, and under nine of the most important sets of institutional rules, including the ICC Rules, the LCIA Rules, and the Swiss Rules. The presentation mines case law and legal literature for concepts based on the common expectations of the parties, the legitimate expectations of a party, the duty to balance different procedural expectations of the parties, the presumed intent of the parties, the underlying hypothetical bargain, implied terms, and the arbitrators' discretion. Among the topics and issues investigated are the following: - procedural rules on document production versus procedural flexibility; - how arbitral tribunals can modify the IBA Rules on a case-by-case basis; - discretion granted by legislation in each country covered; - electronic document production; - how to deal with privilege and confidentiality objections; - how to formulate or answer document production requests; - effective sanctions in case of non-compliance with procedural orders of the arbitral tribunal; - what grounds for annulment and non-enforcement a losing party can raise in what countries. Perhaps the greatest benefit of the book is the inclusion of model clauses, commensurate with both civil law and common law expectations. The author explicates the advantages and inconveniences of each model clause, and clarifies the influence of each clause on the efficiency of the proceedings and the enforcement risk. For practitioners, the book not only gives counsel a thorough overview of possible arguments for and against document production, but also assists arbitrators find a way through the jungle of opinions on the interpretation of the IBA Rules. Legal academics will appreciate the author's deeply informed analysis and commentary and the book's contribution to increasing the predictability of arbitral decisions on document production and showing how issues in dispute can be narrowed by tailor-made rules, thus helping to raise the efficiency and reduce the costs of arbitral proceedings.

The Resolution of Inter-State Disputes in Civil Aviation

Author : Luping Zhang
Publisher : Oxford University Press
ISBN 13 : 0192849271
Total Pages : 257 pages
Book Rating : 4.1/5 (928 download)

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Book Synopsis The Resolution of Inter-State Disputes in Civil Aviation by : Luping Zhang

Download or read book The Resolution of Inter-State Disputes in Civil Aviation written by Luping Zhang and published by Oxford University Press. This book was released on 2022 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book investigates dispute resolution mechanisms in international civil aviation, with a primary focus on the functions of the International Civil Aviation Organization (ICAO) Council. The Convention on International Civil Aviation (Chicago Convention) has laid the foundation for dispute resolution mechanisms in international civil aviation, which led to the creation of ICAO. However, economic regulations have been left out from the Chicago Convention. Over the years there has been a proliferation of bilateral air services agreements (ASAs) and the multiplication of multilateral treaties. With the advancement of the aviation technology, this book considers whether dispute resolution mechanisms should be modernised, and if so, what form such modernisation might take. The book is divided into five chapters. Chapter I provides an introduction and defines the scope of the research. Chapter II is an empirical chapter, which traces the evolution of dispute resolution clauses under both multilateral air law treaties and bilateral ASAs with the most updated data collected to date. Chapter III analyses how disputes brought to the fora designated under the treaties in Chapter II are resolved in practice. The fourth chapter builds on the empirical evidence provided in Chapters II and III to critically assesses the political and legal means that are involved in the settlement of international aviation disputes. The final chapter proposes reforms on the basis of the lessons learnt in the previous chapters and introduces proposals for amending rules of procedures in ICAO as well as establishing a new arbitral institution"--

The ICSID Convention

Author : Christoph Schreuer (juriste)
Publisher : Cambridge University Press
ISBN 13 : 0521885590
Total Pages : 1599 pages
Book Rating : 4.5/5 (218 download)

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Book Synopsis The ICSID Convention by : Christoph Schreuer (juriste)

Download or read book The ICSID Convention written by Christoph Schreuer (juriste) and published by Cambridge University Press. This book was released on 2009 with total page 1599 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a practice-oriented guide, including text, commentary, tables and index, for anyone dealing with the International Centre for Settlement of Investment Disputes (ICSID).

The Settlement of Disputes in International Law

Author : John G. Collier
Publisher : Oxford University Press, USA
ISBN 13 : 9780198299271
Total Pages : 428 pages
Book Rating : 4.2/5 (992 download)

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Book Synopsis The Settlement of Disputes in International Law by : John G. Collier

Download or read book The Settlement of Disputes in International Law written by John G. Collier and published by Oxford University Press, USA. This book was released on 2000 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: For many years it was said that the weakness of international law was the lack of a system for the enforcement of legal obligations. Commentators pointed to the paucity of cases in the International Court and the unwillingness of States to undertake binding obligations to settle their disputes. This position has now changed beyond recognition. The number of international tribunals has increased and many of them, such as ICSID and the International Court of Justice, are busier than at any time in their history. Increasingly, the classical procedures of diplomatic protection are circumvented as corporations and individuals litigate in their own right against States in international tribunals. This book surveys the range of procedures for the settlement of international disputes, whether the disputes arise between States or between States and corporations or individuals. The first part of the book examines non-judicial procedures such as negotiation, mediation, fact-finding, as well as judicial procedures. Among the tribunals covered are ICSID, the UNCC and the Iran-US Claim Tribunal, the WTO disputes panels, ad-hoc inter-State and international commercial arbitral tribunals and the International Court of Justice. In the second part of the book the emerging principles of procedural law applied in these tribunals are discussed. Here the authors go through the entire settlement process from the agreement to submit to a settlement procedure and the constitution of the tribunal, through to the determination of the law applicable to the merits and to the procedure of the tribunal, to the review, and ultimately the recognition and enforcement of tribunal awards.