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Judicial Review Of Arbitration
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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.
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.
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.
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:
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.
Book Synopsis The Public Policy Exception in the Judicial Review of International Commercial Arbitral Awards by : Shu Zhang
Download or read book The Public Policy Exception in the Judicial Review of International Commercial Arbitral Awards written by Shu Zhang and published by Springer Nature. This book was released on 2023-09-19 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book systematically examines how the Chinese arbitration law system responds to the application of the public policy exception in the judicial review of international arbitral awards. The discussion is based on a general understanding of the legal concept of public policy in international arbitration practice and the understanding developed in Chinese arbitration law and judicial practice. In focusing on both international developments and Chinese arbitral and judicial practice, this book provides some lessons from and for China. The book is based on a review of both legislation and cases in China and a comparison with the international trends and consensuses, as well as a systematic assessment of China’s performance in defining and applying public policy in the judicial review of international commercial arbitral awards. Valuable insights are provided on the basis of detailed analysis of the relevant cases. In this context, the author raised and examined a few key questions to be answered by the judicial practice, including: the international/national nature of public policy, the key elements of public policy, and the appropriate boundaries of judicial review. The author also highlighted a few unique legal concepts and approaches adopted in the Chinese context and evaluated its impacts on foreign parties and practitioners dealing with arbitration issues in China. It is proposed that, in the context of China’s recent law reforms, further steps are expected to be taken by the Chinese legal system in order to achieve a more comprehensive view of the public policy exception that is consistent with the globalized trend of a converging understanding of public policy in international arbitration.
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:
Book Synopsis Deference in International Commercial Arbitration by : Franco Ferrari
Download or read book Deference in International Commercial Arbitration written by Franco Ferrari and published by Kluwer Law International B.V.. This book was released on 2023-05-12 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: In international arbitration, deference entails that one decision-maker does not make an autonomous assessment but limits its decision-making power out of respect for the decision or authority of another actor. For example, a court exercising post-award review might refrain from reviewing a question of procedure de novo but instead defer to a prior determination made by the arbitral tribunal. In this book, prominent arbitration practitioners and academics offer the first systematic analysis of such deference in international arbitration. With abundant reference to case law from major arbitration hubs, the analysis is organized around the three relationships in which questions of deference arise: public-private relationships in which a State actor (e.g., a court) must decide whether it should pay deference to determinations made by a private actor (e.g., a tribunal or an arbitral institution); public-public relationships in which a State actor (e.g., a court at the place of recognition and enforcement) must decide whether it should pay deference to another State actor (e.g., a court at the seat); and private-private relationships in which a private actor (e.g., an arbitral tribunal) must decide whether it should pay deference to another private actor (e.g., another arbitral tribunal or an arbitral institution). The book makes an important contribution to tracing the boundaries of the multiple layers of control over arbitration proceedings. It takes a giant step towards establishing the right equilibrium between the different layers of authority and thus meeting a pivotal challenge for the viability of arbitration as a form of dispute resolution.
Book Synopsis Arbitration Law in America by : Edward J. Brunet
Download or read book Arbitration Law in America written by Edward J. Brunet and published by Cambridge University Press. This book was released on 2006-01-09 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a book about changing the terms of American Arbitration Law. The book contains individual views of the four co-authors and criticisms of the individual recommendations of the authors. The book contains point and counterpoint and numerous controversial ideas. The authors present the competing arguments on some of the most controversial topics in arbitration---arbitration of employment disputes between employers and their former employees and arbitration of disputes between consumers and product sellers.
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.
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
Book Synopsis Arbitration in a Nutshell by : Thomas E. Carbonneau
Download or read book Arbitration in a Nutshell written by Thomas E. Carbonneau and published by West Academic Publishing. This book was released on 2007 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Nutshell on Arbitration Law is a concentrated summary of all the major aspects of the U.S. law of arbitration. It addresses the major facets of the law---for example, freedom of contract, federal preemption, and wide-ranging arbitrability---with a thorough sense of the relevant case law and the ultimately applicable legal rules. It identifies the various forms of arbitration---labor, commercial, employment, consumer, and securities---with a full awareness of their unifying characteristics and the features that make them unique. The volume also states the various dimensions of the current debate about arbitration within the court system and the legislature. In particular, the book highlights the instrumental role of the U.S. Supreme Court in bringing arbitration to a new day. The book is concise and complete---a must red for anyone interested in arbitration.
Book Synopsis The UNCITRAL Model Law after Twenty-Five Years: Global Perspectives on International Commercial Arbitration by : Frédéric Bachand
Download or read book The UNCITRAL Model Law after Twenty-Five Years: Global Perspectives on International Commercial Arbitration written by Frédéric Bachand and published by Juris Publishing, Inc.. This book was released on 2013-08-01 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: The UNCITRAL Model Law after Twenty-Five Years: Global Perspectives on International Commercial Arbitration is a celebration of the Model Law’s significant contribution to international arbitration law. It assesses and evaluates the Model Law’s impact on the development of a universal arbitration law for a complex and mobile transnational community of lawyers, judges and arbitrators. Written from the perspective of counsel, arbitrators, legislators and judges, this collection is bold in its coverage of Model Law practice. It considers questions of legislative implementation; pre-award issues such as the review of arbitral jurisdiction and the production of evidence; post-award issues such as judicial review of arbitral awards; interpretation and harmonization methods; and questions of future reform. This is one of the only books on the market that considers the application of the UNCITRAL Model Law in both great depth and breadth, and from multiple perspectives. It provides critical assessments and evaluations of the impact that the Model Law has had after 25 years in various aspects of the arbitral process. The issues covered pertain to both substantive and procedural elements; theoretical and practical; historical and evolutional. The UNCITRAL Model Law after Twenty-Five Years: Global Perspectives on International Commercial Arbitration adopts a comparative approach and covers practice in nearly all Model Law countries and many others. As a seminal critique of the progress that the Model Law has made to date, this collection of articles will be of great benefit to judges, arbitrators, lawyers, academics and anyone interested in the future of international commercial arbitration.
Book Synopsis Arbitration of International Business Disputes by : William W. Park
Download or read book Arbitration of International Business Disputes written by William W. Park and published by OUP Oxford. This book was released on 2012-09-20 with total page 904 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration of International Business Disputes 2nd edition is a fully revised and updated anthology of essays by Rusty Park, a leading scholar in international arbitration and a sought-after arbitrator for both commercial and investment treaty cases. This collection focuses on controversial questions in arbitration of trade, financial, and investment disputes. The essays address some of the most interesting topics in cross-border business dispute resolution, many of which have endured over several decades and remain subject to radically different views. Examples include the proper role of judicial review, the allocation of jurisdictional tasks, evolution of arbitration's statutory and treaty framework, free trade and bilateral investment agreements, and the balance between fixed rules and arbitral discretion. The book is structured around three themes: arbitration's legal framework; the conduct of arbitral proceedings; and a comparison of arbitration in specific fields such as finance, intellectual property, and taxation. In each of these areas, analysis includes the tensions between fairness and efficiency, and the accurate application of substantive law as well as the implications of mandatory procedural norms. Augmented by more than a dozen new contributions and a revised introduction, this 2nd edition retains all of its earlier practical and scholarly relevance, and includes a Foreword by V. V. (Johnny) Veeder QC.
Book Synopsis The Evolution and Future of International Arbitration by : Stavros Brekoulakis
Download or read book The Evolution and Future of International Arbitration written by Stavros Brekoulakis and published by Kluwer Law International B.V.. This book was released on 2016-06-24 with total page 538 pages. Available in PDF, EPUB and Kindle. Book excerpt: The School of International Arbitration of the Centre for Commercial Law Studies at Queen Mary University of London celebrated its 30th anniversary in April 2015 with a major conference featuring presentations by 35 international arbitration practitioners and scholars from many countries representing a variety of legal systems. This volume has emerged from that conference. What is striking is not only the range and diversity of the topics examined but also the emergence of new subjects for examination, demonstrating that arbitration law and practice do not stand still but are constantly evolving. The issues and topics covered include the following: - Evolution of case law and practice in international arbitration; - The concept and autonomy of arbitral award; - Parties in international arbitration; - Parallel proceedings in international arbitration; - Court review of arbitration awards; - Geographic expansion of international arbitration; - Counsel regulation and conflicts disclosures; - The use of technology in international arbitration; - Teaching and research in international arbitration. This superbly organised and edited volume, like earlier conference volumes from the School of International Arbitration, is sure to be welcomed and acclaimed, and like them will prove of lasting value.
Book Synopsis Recognition and Enforcement of Foreign Arbitral Awards in Theory and in Practice by : Ihab Abdel Salam Amro
Download or read book Recognition and Enforcement of Foreign Arbitral Awards in Theory and in Practice written by Ihab Abdel Salam Amro and published by Cambridge Scholars Publishing. This book was released on 2014-03-26 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book initiates a discussion of the law and practice of recognition and enforcement of foreign arbitral awards in both common law and civil law countries. In terms of law, this book principally focuses on the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958, and the harmony or clash between the New York Convention and national arbitration laws of both common law and civil law countries including the UK and the USA (as common law countries), and France, Germany and Greece (as civil law countries). In terms of practice, this book deeply and extensively examines the judicial application of the New York Convention in national courts of common law and civil law countries, and sheds light on the best practices related to the judicial application of the New York Convention, while also highlighting how future disputes can be resolved in national courts. As such, this book provides solutions for salient and recurring problems arising out of the erroneous judicial application or interpretation of the New York Convention by national courts, and encourages the adoption of a more liberal regime in favour of the recognition and enforcement of foreign arbitral awards generally, and the adoption of a more liberal interpretation of the New York Convention in national courts of both common law and civil law countries particularly. This book, which is based on more than 100 courts’ decisions from common law and civil law countries, is a valuable resource for academics, arbitrators, practicing lawyers, corporate counsels, law students and researchers interested in international commercial arbitration, as well as for business professionals involved in international trade, and those who are willing to solve their commercial disputes through arbitration.
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.
