Read Books Online and Download eBooks, EPub, PDF, Mobi, Kindle, Text Full Free.
Download Notes And Cases On Commercial Arbitration Under Philippine Law full books in PDF, epub, and Kindle. Read online Notes And Cases On Commercial Arbitration Under Philippine Law ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
Author : Arthur P. Autea
Publisher :
ISBN 13 :
Total Pages : 492 pages
Book Rating : 4.:/5 (11 download)
Download or read book Notes and Cases on Commercial Arbitration Under Philippine Law written by Arthur P. Autea and published by . This book was released on 2012 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :
Publisher :
ISBN 13 : 9789711504557
Total Pages : pages
Book Rating : 4.5/5 (45 download)
Download or read book International Commercial Arbitration and Philippine Law: Jurisdiction and arbitrability written by and published by . This book was released on 2014 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : United Nations Commission on International Trade Law
Publisher :
ISBN 13 : 9789211337938
Total Pages : 0 pages
Book Rating : 4.3/5 (379 download)
Download or read book UNCITRAL 2012 Digest of Case Law on the Model Law on International Commercial Arbitration written by United Nations Commission on International Trade Law and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication contains a presentation of case laws rendered in jurisdictions having enacted the UNCITRAL Model Law on International Commercial Arbitration. In light of the large number of cases collected, the Commission requested a tool specifically designed to present selected information on the interpretation and application of the Model Law in a clear, concise and objective manner. This request originated the UNCITRAL Digest of Case Law on the UNCITRAL Model Law on International Commercial Arbitration. The purpose of the digest is to assist in the dissemination of information on the Model Law and further promote its adoption as well as its uniform interpretation and application. In addition, the digest is meant to help judges, government officials, arbitrators, practitioners and academics use more efficiently the case law relating to the UNCITRAL text.
Author : Stefan Talmon
Publisher : Bloomsbury Publishing
ISBN 13 : 1782253750
Total Pages : 274 pages
Book Rating : 4.7/5 (822 download)
Download or read book The South China Sea Arbitration written by Stefan Talmon and published by Bloomsbury Publishing. This book was released on 2014-11-01 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: On 22 January 2013, the Republic of the Philippines instituted arbitral proceedings against the People's Republic of China (PRC) under the United Nations Convention on the Law of the Sea (UNCLOS) with regard to disputes between the two countries in the South China Sea (South China Sea Arbitration). On 19 February 2013, the PRC formally expressed its opposition to the institution of proceedings, making it clear from the outset that it will not have any part in these arbitral proceedings and that this position will not change. It is thus to be expected that over the next year and a half, the Tribunal will receive written memorials and hear oral submissions from the Philippines only. The Chinese position will go unheard. However, the Tribunal is under an obligation, before making its award, to satisfy itself not only that it has jurisdiction over the dispute, but also that the claims brought by the Philippines are well founded in fact and law (UNCLOS Annex VII, Article 9).This book aims to offer a (not the) Chinese perspective on some of the issues to be decided by the Tribunal and thus to assist the Tribunal in meeting its obligations under the Convention. The book does not set out the official position of the Chinese government, but is rather to serve as a kind of amicus curiae brief advancing possible legal arguments on behalf of the absent respondent. The book does not deal with the merits of the disputes between the Philippines and the PRC, but focuses on the questions of jurisdiction, admissibility and other objections which the tribunal will have to decide as a preliminary matter. The book will show that there are insurmountable preliminary objections to the Tribunal deciding the case on the merits and that the Tribunal would be well advised to refer the dispute back to the parties in order for them to reach a negotiated settlement.The book brings together scholars of public international law from mainland China, Taiwan and Europe united by a common interest in the law of the sea and disputes in the South China Sea. This title is included in Bloomsbury Professional's International Arbitration online service.
Author : Seokwoo Lee
Publisher : BRILL
ISBN 13 : 9004437789
Total Pages : 477 pages
Book Rating : 4.0/5 (44 download)
Download or read book Asian Yearbook of International Law, Volume 24 (2018) written by Seokwoo Lee and published by BRILL. This book was released on 2020-11-30 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: Launched in 1991, the Asian Yearbook of International Law is a major internationally-refereed yearbook dedicated to international legal issues as seen primarily from an Asian perspective. It is published under the auspices of the Foundation for the Development of International Law in Asia (DILA) in collaboration with DILA-Korea, the Secretariat of DILA, in South Korea. When it was launched, the Yearbook was the first publication of its kind, edited by a team of leading international law scholars from across Asia. It provides a forum for the publication of articles in the field of international law and other Asian international legal topics. The objectives of the Yearbook are two-fold: First, to promote research, study and writing in the field of international law in Asia; and second, to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues. Each volume of the Yearbook contains articles and shorter notes; a section on Asian state practice; an overview of the Asian states’ participation in multilateral treaties and succinct analysis of recent international legal developments in Asia; a bibliography that provides information on books, articles, notes, and other materials dealing with international law in Asia; as well as book reviews. This publication is important for anyone working on international law and in Asian studies. The 2018 edition of the Yearbook features articles on the practice of Asian states from the perspective of Third World Approaches to International Law (TWAIL).
Author : Simon Chesterman
Publisher : Oxford Handbooks
ISBN 13 : 0198793855
Total Pages : 904 pages
Book Rating : 4.1/5 (987 download)
Download or read book The Oxford Handbook of International Law in Asia and the Pacific written by Simon Chesterman and published by Oxford Handbooks. This book was released on 2019-04-28 with total page 904 pages. Available in PDF, EPUB and Kindle. Book excerpt: The growing economic and political significance of Asia has exposed a tension in the modern international order. Despite expanding power and influence, Asian states have played a minimal role in creating the norms and institutions of international law; today they are the least likely to be parties to international agreements or to be represented in international organizations. That is changing. There is widespread scholarly and practitioner interest in international law at present in the Asia-Pacific region, as well as developments in the practice of states. The change has been driven by threats as well as opportunities. Transnational issues such as climate change and occasional flashpoints like the the territorial disputes of the South China and the East China Seas pose challenges while economic integration and the proliferation of specialized branches of law and dispute settlement mechanisms have also encouraged greater domestic implementation of international norms across Asia. These evolutions join the long-standing interest in parts of Asia (notably South Asia) in post-colonial theory and the history of international law. The Oxford Handbook of International Law in Asia and the Pacific brings together pre-eminent and emerging specialists to analyse the approach to and influence of key states of the region, as well as whether truly 'Asian' trends can be identified and what this might mean for international order.
Author : Zhongguo guo ji fa xue hui
Publisher :
ISBN 13 : 9787119115047
Total Pages : pages
Book Rating : 4.1/5 (15 download)
Download or read book The South China Sea Arbitration Awards written by Zhongguo guo ji fa xue hui and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : United Nations Publications
Publisher :
ISBN 13 :
Total Pages : 354 pages
Book Rating : 4.:/5 (12 download)
Download or read book UNCITRAL Secretariat Guide on the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958) written by United Nations Publications and published by . This book was released on 2016 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Guide on the New York Convention provides an insight on the application of the Convention by State courts.
Author : Emmanuel Gaillard
Publisher : Juris Publishing, Inc.
ISBN 13 : 1929446616
Total Pages : 16 pages
Book Rating : 4.9/5 (294 download)
Download or read book Annulment of ICSID Awards written by Emmanuel Gaillard and published by Juris Publishing, Inc.. This book was released on 2004 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : United Nations. International Law Commission
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (452 download)
Download or read book United Nations Yearbook of the International Law Commission written by United Nations. International Law Commission and published by . This book was released on 1956 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Reto Marghitola
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041166971
Total Pages : 338 pages
Book Rating : 4.0/5 (411 download)
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 338 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.
Author : Ibrahim Shehata
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403512644
Total Pages : 481 pages
Book Rating : 4.4/5 (35 download)
Download or read book Arbitration in Egypt written by Ibrahim Shehata and published by Kluwer Law International B.V.. This book was released on 2021-10-05 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: Egypt, and in particular the Cairo Regional Centre for International Commercial Arbitration (CRCICA), has clearly cemented its status as a preferred seat for arbitration cases in both the Middle East–North Africa (MENA) region and the African continent. To assist parties with a need or desire to arbitrate disputes arising in these regions – whether commercial or investment – this incomparable book, the first in-depth treatment in any language of arbitration practice under Egyptian law, provides a comprehensive overview of the arbitration process and all matters pertaining to it in Egypt, starting with the arbitration agreement and ending with the recognition and enforcement of the arbitral award. Citing more than 2,500 cases – both awards and arbitral-related court judgments – the book’s various chapters examine in detail how Egypt’s arbitration law, based on the UNCITRAL model law, encompasses such internationally accepted arbitral provisions and aspects as the following: application of the New York Convention; concept of arbitrability; choice of applicable law; formation of the arbitral tribunal; selection, rights, duties, liability, and challenge of arbitrators; arbitral procedures; evidence and experts and burden of proof; form and content of arbitral awards; annulment and enforcement procedures; interaction between Sharia law and arbitration; role of Egypt’s Technical Office for Arbitration (TOA); and judicial fees. Special issues such as third-party funding and public policy as well as particular areas of dispute such as construction, sports, real estate, labor and employment, tax, competition, intellectual property, and technology transfer are all covered. The author offers practical guidelines tailored to arbitration in these specific areas of law. An added feature is the many figures and other visuals that accompany the text. For whoever is planning to or is currently practicing arbitration in the Middle East, this matchless book gives arbitrators, in-house counsel and arbitration practitioners everything that is needed to answer any question likely to arise. This book should be on the shelf of every practitioner and academic wishing to comprehend arbitration in Egypt as construed by the Egyptian Courts. Review/Testimonial: “The book is an excellent contribution to understand and assess Egyptian international arbitration law and practice and invaluable guide for lawyers, arbitrators and academics working on arbitration cases connected to Egypt for three main reasons: First, a case law perspective that adds considerable value to the book. The author examines not only the text of laws but also the case law. On every issue, Mr Shehata quotes the positions of Egyptian courts, especially those of the Egyptian Cassation Court. With more than 2,500 cases cited, the book is a precious source to discover the Egyptian decisions originally only in Arabic. Through an analysis and commentary of a great number of decisions rendered by various levels of Egyptian courts, the book offers the most reliable source with regard to the interpretation and the application of the Law No. 27 of 1994 and the international conventions by Egyptian courts. Second, a complete and far-reaching analysis. The book covers all aspects of the arbitration process from the arbitration agreement to the enforcement of arbitral awards. It includes the specific arbitration sectors such as sport arbitration, construction arbitration and investment arbitration. This coverage makes the book one of the reference work on the whole regime of arbitration in Egypt. Third, an up-to-date study, which takes into account rule changes and up-to-date developments on new trends, such as third-party funding, optional clauses, virtual hearings, the use of tribunal secretaries and issues of ethics in arbitration.” Source / Reviewer: Professor Walid Ben Hamida, University of Paris-Saclay, France. ICC DISPUTE RESOLUTION BULLETIN 2021 | ISSUE 3 |
Author : Jonathan Warne
Publisher : Bloomsbury Professional
ISBN 13 : 9781847661340
Total Pages : 0 pages
Book Rating : 4.6/5 (613 download)
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
Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author : Ilias Bantekas
Publisher : Cambridge University Press
ISBN 13 : 9781108498234
Total Pages : 650 pages
Book Rating : 4.4/5 (982 download)
Download or read book UNCITRAL Model Law on International Commercial Arbitration written by Ilias Bantekas and published by Cambridge University Press. This book was released on 2020-02-29 with total page 650 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive commentary on the UNCITRAL Model Law on International Arbitration. Combining both theory and practice, it is written by leading academics and practitioners from Europe, Asia and the Americas to ensure the book has a balanced international coverage. The book not only provides an article-by-article critical analysis, but also incorporates information on the reality of legal practice in UNCITRAL jurisdictions, ensuring it is more than a recitation of case law and variations in legal text. This is not a handbook for practitioners needing a supportive citation, but rather a guide for practitioners, legislators and academics to the reasons the Model Law was structured as it was, and the reasons variations have been adopted.
Author : Ileana M. Smeureanu
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041132260
Total Pages : 242 pages
Book Rating : 4.0/5 (411 download)
Download or read book Confidentiality in International Commercial Arbitration written by Ileana M. Smeureanu and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: After neutrality and international enforcement, the next most valued feature of international commercial arbitration is confidentiality. For reasons easy to imagine, businessmen do not want their trade secrets, business plans, strategies, contracts, financial results or any other types of business information to be publicly accessible, as would commonly happen in court proceedings. Yet the case law of arbitration shows that in practical terms confidentiality is not to be taken for granted - in fact, it has become one of the most undetermined matters in international arbitration. Although 'the emperor of arbitration may have clothes, ' as one scholar has quipped, his raiments of secrecy can be 'torn with surprising ease'. This book deciphers the current degree of confidentiality in international commercial arbitration as reflected by the most important arbitration rules, national laws, other arbitration-related enactments, and practices of arbitral tribunals and domestic courts globally. Drawing on this data and analysis, the author then sets forth criteria to assess the breach of confidentiality in international arbitration and the proper rules for protecting or sanctioning such breaches. What do we understand by confidentiality in arbitration? What are its limitations? Who is bound to observe it? How can we quantify its breach? In addressing these questions, the book engages such issues as the following: reasons for disclosure - e.g., for the establishment of a defence, for the enforcement of rights, in the public interest or in the interests of justice disclosure by consent, express or implied; circumstances triggering statutory obligation of disclosure; recent trends towards greater transparency in investor-State arbitration; court measures in support of arbitral confidentiality such as award of damages for breach of confidentiality; and categories of persons bound by confidentiality, including third parties such as witnesses and experts. Structured along the main stages of the arbitral process, the analysis covers the duty of confidentiality from the initiation of arbitral proceedings through their unfolding to the issuance of the award and after. The scope of confidentiality is reviewed in the practice of arbitral tribunals and domestic courts, and from the perspective of international arbitration institutions, with detailed attention to various arbitration rules and numerous significant cases. In its elucidation of the amount of confidentiality that 'veils' each phase of the arbitral process, and its ground-breaking identification of 'patterns of disclosure', this book is sure to raise awareness about the various facets and problems posed by confidentiality in arbitration. Although its scholarly contribution to the law of international commercial arbitration cannot be gainsaid, corporate counsel worldwide will quickly prize its more practical value.
Author : United Nations Commission on International Trade Law
Publisher :
ISBN 13 :
Total Pages : 44 pages
Book Rating : 4.3/5 (511 download)
Download or read book UNCITRAL Notes on Organizing Arbitral Proceedings written by United Nations Commission on International Trade Law and published by . This book was released on 1996 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt:
