The Cambridge Handbook of Judicial Control of Arbitral Awards

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Publisher : Cambridge University Press
ISBN 13 : 9781009293174
Total Pages : 0 pages
Book Rating : 4.2/5 (931 download)

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Book Synopsis The Cambridge Handbook of Judicial Control of Arbitral Awards by : Larry A. DiMatteo

Download or read book The Cambridge Handbook of Judicial Control of Arbitral Awards written by Larry A. DiMatteo and published by Cambridge University Press. This book was released on 2023-03-30 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A unique collaboration between academic scholars, legal practitioners, and arbitrators, this handbook focuses on the intersection of arbitration - as an alternative to litigation - and the court systems to which arbitration is ultimately beholden. The first three parts analyze issues relating to the interpretation of the scope of arbitration agreements, arbitrator bias and conflicts of interest, arbitrator misconduct during the proceedings, enforceability of arbitral awards, and the grounds for vacating awards. The next section features fifteen country-specific reviews, which demonstrate that, despite the commonality of principles at the international level, there is a significant of amount of differences in the application of those principles at the national level. This work should be read by anyone interested in the general rules and principles of the enforceability of foreign arbitral awards and the grounds for courts to vacate or annul such awards.

Judicial Review of Commercial Arbitration Awards in the United States

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Author :
Publisher : Oceana TM
ISBN 13 : 9780379215243
Total Pages : 400 pages
Book Rating : 4.2/5 (152 download)

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Book Synopsis Judicial Review of Commercial Arbitration Awards in the United States by : Louis Kimmelman

Download or read book Judicial Review of Commercial Arbitration Awards in the United States written by Louis Kimmelman and published by Oceana TM. This book was released on 2013-04 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: When an arbitration case occurs in the U.S. or when the party against whom an award is rendered has assets in the U.S., the U.S. is the venue for judicial enforcement proceedings. As a result, there is a growing body of law relating to the procedures and substantive issues that arise when U.S. courts are asked to confirm or set aside U.S. or international arbitral awards. An important practice guide, this volume provides practitioners with a roadmap for how to initiate and prosecute enforcement proceedings.

Contemporary Problems in International Arbitration

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Publisher : Springer Science & Business Media
ISBN 13 : 9401711569
Total Pages : 380 pages
Book Rating : 4.4/5 (17 download)

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Book Synopsis Contemporary Problems in International Arbitration by : Julian Lew

Download or read book Contemporary Problems in International Arbitration written by Julian Lew and published by Springer Science & Business Media. This book was released on 2013-06-29 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: The establishment of a School of International Arbitration was a sufficiently important occurrence to have brought to London, for its inaugural conference, most of the world's leading experts on international arbitration. The three-day Symposium on March 25-27, 1985 sought to identify and consider the It was not the aim contemporary problems affecting international arbitration. of the Symposium to develop, propose or agree solutions to these problems, but rather to discuss the issues and alternative solutions. The success of the School will be measured in the future by its contribution, through research and teaching, to the development of solutions to the difficulties and uncertainties which reduce the effectiveness of international arbitration agreements and awards and the conduct of international arbitral proceedings. This book reproduces the papers presented at the Symposium (amended and varied by several contributors). It is not considered appropriate here to comment on or analyse paper by paper the ideas presented or discussions which ensued. However, it would be appropriate to make reference to specific developments in the short period since the Symposium directly relevant to the papers reproduced and the discussions which ensued. The pertinence of the subject-matter selected becomes clear from these subsequent developments.

Judicial Review of Arbitration Awards

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Publisher :
ISBN 13 :
Total Pages : 7 pages
Book Rating : 4.:/5 (67 download)

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Book Synopsis Judicial Review of Arbitration Awards by : Ronald M. Greenberg

Download or read book Judicial Review of Arbitration Awards written by Ronald M. Greenberg and published by . This book was released on 2009 with total page 7 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Review of International Arbitral Awards

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Author :
Publisher : Juris Publishing, Inc.
ISBN 13 : 1933833335
Total Pages : 506 pages
Book Rating : 4.9/5 (338 download)

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Book Synopsis The Review of International Arbitral Awards by : Emmanuel Gaillard

Download or read book The Review of International Arbitral Awards written by Emmanuel Gaillard and published by Juris Publishing, Inc.. This book was released on 2010-12-01 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt: In intemational arbitration, as in any other system of adjudication, finality of the decision must be balanced against the need to ensure that justice has been administered fairly. Because finality is one of its essential features, international arbitration has reached an equilibrium which guarantees to the parties a decision that cannot be appealed, while allowing a review of arbitral awards on limited grounds. The review of international arbitral awards was the topic of the inaugural IAI forum, on the occasion of which 50 prominent academics, judges, arbitrators and practitioners active in the field of international arbitration convened in the legendary Clos de Vougeot, in the heart of Burgundy for a two-day retreat. The presentations were followed by extensive discussion, the transcript of which is included in the present volume. The International Arbitration Institute (IAI) was established in Paris with the purpose of promoting communication and exchanges on current international arbitration issues. It now includes over 600 members residing in 44 countries. For further detail, see www.iaiparis.com.

Judicial Review of Arbitration

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041186417
Total Pages : 366 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Judicial Review of Arbitration by : Lin Yifei

Download or read book Judicial Review of Arbitration written by Lin Yifei and published by Kluwer Law International B.V.. This book was released on 2018-08-14 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: International commercial arbitration relies on the possibility of enforcing arbitral decisions against recalcitrant parties. In China, a crucial world market, where the annual arbitration caseload has reached 200,000 and where arbitration is evolving, authorities attach great importance to judicial review of arbitration. This is the first book to address issues concerning the recognition and enforcement of arbitral awards under applicable law in “Greater China”—the People’s Republic (PRC), Taiwan, Hong Kong and Macao—describing and analyzing the effect of judicial review on a wealth of recent issues and cases. After providing an overview of the legal framework for Chinese arbitration and judicial review of arbitration, the book introduces and discusses the law governing the arbitration agreement, due process, the arbitrator’s power, arbitrability, formation of arbitral tribunal, mediation and public policy. In its focus on the various challenges and defenses arising at all stages of the enforcement application process, such issues and topics as the following are covered in detail: • significant judicial interpretations of the Supreme People’s Court as recent as 2018; • examination of the validity of arbitration agreements; • setting aside and enforcement of arbitral awards by PRC arbitration institutions; • role of the New York Convention and other treaties; • succession of contract; • examination of evidence; and • role of competition law and intellectual property law. In the discussion of each case and each type of issue, the book shows clearly what kind of arbitral awards can be recognized and enforced in China and what kind cannot. Comparative studies of foreign laws and practices are included where relevant, and an abundance of primary source material is provided in appendices. Practitioners, global law firms, companies doing transnational business, jurists and academics from all countries concerned with matters regarding international and foreign-related arbitration in China will welcome this invaluable source of detailed information.

Industrial Due Process and Judicial Review of Arbitration Awards

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Publisher :
ISBN 13 :
Total Pages : 7 pages
Book Rating : 4.:/5 (835 download)

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Book Synopsis Industrial Due Process and Judicial Review of Arbitration Awards by : Raymond L. Hogler

Download or read book Industrial Due Process and Judicial Review of Arbitration Awards written by Raymond L. Hogler and published by . This book was released on 1980 with total page 7 pages. Available in PDF, EPUB and Kindle. Book excerpt:

International Commercial Arbitration

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Author :
Publisher : Springer Nature
ISBN 13 : 3030667529
Total Pages : 255 pages
Book Rating : 4.0/5 (36 download)

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Book Synopsis International Commercial Arbitration by : Seyoum Yohannes Tesfay

Download or read book International Commercial Arbitration written by Seyoum Yohannes Tesfay and published by Springer Nature. This book was released on 2021-02-18 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first-ever to explore commercial arbitration in the Ethiopian context. Alternative conflict resolution mechanisms are nothing new to the country: arbitration as a dispute settlement mechanism by which a third party issues a binding decision on a dispute between two or more parties by exercising the jurisdictional mandate conferred on it by the parties themselves was established with the adoption of the Civil Code in 1960. This pioneering book evaluates the extent to which Ethiopia’s laws and institutions allow disputing parties to effectively reap the benefits of international commercial arbitration. It interprets the relevant legislation and attempts to bridge the gaps in it, in order to help lawyers, arbitrators, arbitral institutions, academics and judges to understand and apply it. It also helps parties seeking to complete international transactions pertaining to Ethiopia make the right choice regarding conflict resolution.

The Cambridge Handbook of Judicial Control of Arbitral Awards

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1108802966
Total Pages : 1250 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis The Cambridge Handbook of Judicial Control of Arbitral Awards by : Larry A. DiMatteo

Download or read book The Cambridge Handbook of Judicial Control of Arbitral Awards written by Larry A. DiMatteo and published by Cambridge University Press. This book was released on 2020-10-29 with total page 1250 pages. Available in PDF, EPUB and Kindle. Book excerpt: A unique collaboration between academic scholars, legal practitioners, and arbitrators, this handbook focuses on the intersection of arbitration - as an alternative to litigation - and the court systems to which arbitration is ultimately beholden. The first three parts analyze issues relating to the interpretation of the scope of arbitration agreements, arbitrator bias and conflicts of interest, arbitrator misconduct during the proceedings, enforceability of arbitral awards, and the grounds for vacating awards. The next section features fifteen country-specific reviews, which demonstrate that, despite the commonality of principles at the international level, there is a significant of amount of differences in the application of those principles at the national level. This work should be read by anyone interested in the general rules and principles of the enforceability of foreign arbitral awards and the grounds for courts to vacate or annul such awards.

The Guide to Challenging and Enforcing Arbitration Awards

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Author :
Publisher :
ISBN 13 : 9781838625757
Total Pages : 779 pages
Book Rating : 4.6/5 (257 download)

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Book Synopsis The Guide to Challenging and Enforcing Arbitration Awards by : John William Rowley

Download or read book The Guide to Challenging and Enforcing Arbitration Awards written by John William Rowley and published by . This book was released on 2021 with total page 779 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Shearson Hayden Stone, Inc. V. Liang

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Publisher :
ISBN 13 :
Total Pages : 42 pages
Book Rating : 4.W/5 ( download)

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Book Synopsis Shearson Hayden Stone, Inc. V. Liang by :

Download or read book Shearson Hayden Stone, Inc. V. Liang written by and published by . This book was released on 1980 with total page 42 pages. Available in PDF, EPUB and Kindle. Book excerpt:

International Arbitration Review

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

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Book Synopsis International Arbitration Review by : James H Carter

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

American Arbitration Association Handbook on Labor Arbitration

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Author :
Publisher : Juris Publishing, Inc.
ISBN 13 : 193383353X
Total Pages : 358 pages
Book Rating : 4.9/5 (338 download)

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Book Synopsis American Arbitration Association Handbook on Labor Arbitration by : American Arbitration Association

Download or read book American Arbitration Association Handbook on Labor Arbitration written by American Arbitration Association and published by Juris Publishing, Inc.. This book was released on 2010-11-30 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: The AAA Handbook on Labor Arbitration – 2nd Edition begins with chapters on specific issues related to labor arbitration, including an analysis of factors present in challenged and vacated arbitration awards, job discrimination claims under collective bargaining agreements, and ambiguities in labor contracts. The practitioner is provided with information regarding labor arbitration procedures, including a discussion of the rules of evidence, grievance processing, public policy exceptions to labor arbitration awards, and Weingarten rights in the non-union workplace. Among the topics discussed are what arbitrators should know about arbitral immunity, suggestions for labor arbitration advocates, award writing, and how unions can improve their success rate in labor arbitrations. Lastly, this book addresses judicial review of labor arbitrations. 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 begins with chapters on specific issues related to labor arbitration, including an analysis of factors present in challenged and vacated arbitration awards, job discrimination claims under collective bargaining agreements, and ambiguities in labor contracts. The practitioner is provided with information regarding labor arbitration procedures, including a discussion of the rules of evidence, grievance processing, public policy exceptions to labor arbitration awards, and Weingarten rights in the non-union workplace. Among the topics discussed are what arbitrators should know about arbitral immunity, suggestions for labor arbitration advocates, award writing, and how unions can improve their success rate in labor arbitrations. Lastly, this book addresses judicial review of labor arbitrations. The chapters 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.

The Idea of Arbitration

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Publisher :
ISBN 13 : 0199564167
Total Pages : 331 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis The Idea of Arbitration by : Jan Paulsson

Download or read book The Idea of Arbitration written by Jan Paulsson and published by . This book was released on 2013-11 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing a theoretical examination of the concept of arbitration, this book explores the place of arbitration in the legal process and examines the ethical challenges to arbitral authority and its moral hazards.

Arbitration and the Constitution

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Publisher : Cambridge University Press
ISBN 13 : 1107006112
Total Pages : 223 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Arbitration and the Constitution by : Peter B. Rutledge

Download or read book Arbitration and the Constitution written by Peter B. Rutledge and published by Cambridge University Press. This book was released on 2013 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration has become an increasingly important mechanism for dispute resolution, both in the domestic and international setting. Despite its importance as a form of state-sanctioned dispute resolution, it has largely remained outside the spotlight of constitutional law. This landmark work represents one of the first attempts to synthesize the fields of arbitration law and constitutional law. Drawing on the author's extensive experience as a scholar in arbitration law who has lectured and studied around the world, the book offers unique insights into how arbitration law implicates issues such as separation of powers, federalism, and individual liberties.

Enforcement of Foreign Arbitral Awards and Judgments in New York

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041186352
Total Pages : 461 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Enforcement of Foreign Arbitral Awards and Judgments in New York by : Andreas A. Frischknecht

Download or read book Enforcement of Foreign Arbitral Awards and Judgments in New York written by Andreas A. Frischknecht and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: Merely obtaining a favorable arbitral award or judgment at the end of a dispute holds little value unless the prevailing party is able to enforce it. This book, more thoroughly than any other source, shows practitioners how to navigate the relevant laws in New York—a leading global financial center known for its pro-enforcement policies and the powerful discovery tools it makes available to creditors. No other resource explores the current state of the law in New York as comprehensively as this book. Beyond its sheer practical significance given the likelihood of debtors having assets in (or routing U.S. dollar transactions through) New York, this book provides creditors and their counsel with the critical information they need to define their global enforcement strategy and facilitate their enforcement efforts not only in New York but potentially worldwide. Among the issues and topics that the book tackles are the following: • review of the fundamentals of U.S. practice and procedure for non–New York practitioners; • easy to understand, jargon-free explanation of the often daunting state and federal procedures for enforcement; • up-to-date, clear presentation of the relevant case law, including key state and federal decisions; • explanation of how state and federal laws intersect with international law; • review of significant recent developments impacting a creditor's ability to reach foreign defendants and their assets outside the U.S. in post-judgment execution proceedings; and • comprehensive advice on the practicalities of executing a judgment. Given the critical role New York plays in a host of cross-border transactions and its status as a hub for worldwide judgment and award enforcement, the demand to better understand the laws and judicial system within the state has never been higher. This comprehensive yet practical guide to navigating award and judgment enforcement in New York provides the understanding both the basics and the nuances in this area that is critical for any domestic or international practitioner when advising a client as to the likelihood of collection in or through New York.

19th Biennial Conference on the Law of the World

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Author :
Publisher :
ISBN 13 :
Total Pages : 8 pages
Book Rating : 4.:/5 (559 download)

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Book Synopsis 19th Biennial Conference on the Law of the World by : Ronald M. Greenberg

Download or read book 19th Biennial Conference on the Law of the World written by Ronald M. Greenberg and published by . This book was released on 1999 with total page 8 pages. Available in PDF, EPUB and Kindle. Book excerpt: