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Overriding Mandatory Rules And Compliance In International Arbitration
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Book Synopsis Yearbook of Private International Law by : Petar Sarcevic
Download or read book Yearbook of Private International Law written by Petar Sarcevic and published by sellier. european law publ.. This book was released on 2004-06-30 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: From 2005 on the Yearbook of Private International Law is published by S.ELP in cooperation with the Swiss Institute of Comparative Law. This English-language annual publication provides analysis and information on private international law developments world-wide. The Editors commission articles of enduring importance concerning the most significant trends in the field. The Yearbook also devotes attention to the important work and research carried out in the context of the Hague Conference, The Hague Academy, UNCITRAL and UNIDROIT. The authority of the editors and the lasting nature of the works included make the Yearbook an integral addition to the libraries of international law scholars and practitioners.
Book Synopsis Overriding Mandatory Rules in International Commercial Arbitration by : Hossein Fazilatfar
Download or read book Overriding Mandatory Rules in International Commercial Arbitration written by Hossein Fazilatfar and published by Edward Elgar Publishing. This book was released on 2019-12-27 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Overriding Mandatory Rules in International Commercial Arbitration discusses the applicability of mandatory rules of law in international commercial arbitration and addresses the concerns of the arbitrators and judges at various stages of arbitration and the enforcement of the award.
Book Synopsis The Rome I Regulation on the Law Applicable to Contractual Obligations by : Michael McParland
Download or read book The Rome I Regulation on the Law Applicable to Contractual Obligations written by Michael McParland and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Rome I Regulation applies to all EU Member States (except Denmark) in relation to 'contractual obligations in civil and commercial matters' in 'situations involving a conflict of laws' that arise out of contracts concluded from 17 December 2009. The Rome I Regulation has been described by the European Commission as 'a central element of the Community acquis in the area of civil justice'. This book is the most comprehensive work on the development of the Rome I Regulation that studies in detail the historical background, the legislative development and the teleological purpose of the Regulation. Beginning with the work that led up to the 1972 Draft Convention and the much neglected original French rapporteur's commentary, the author traces developments in the text through the 1980 Convention, highlights the legislative developments that began with the 2003 Green Paper, the Commission's 2005 Proposal and the subsequent negotiations that took place in the European Council and European Parliament that led to the final text of the Rome I Regulation itself. Particular emphasis is placed on highlighting the legislative intent reflected in the changes to the text of the draft Regulation that were made by the Civil Law Committee (Rome I) of the Council. The book marks out the borderline between the Rome I and Rome II Regulations, and considers in detail the application of the conflict-of-law rules in the Rome I Regulation to the specifically protected contracts such as consumer, insurance, carriage of passengers and individual employment contracts. It provides a primary source of reference for all readers involved in the practical interpretation of the Rome I Regulation, or who are interested in choice of law issues arising in international commercial contractual disputes.
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)
Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates
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.
Book Synopsis Contract Law in International Commercial Arbitration by : Peter Sester
Download or read book Contract Law in International Commercial Arbitration written by Peter Sester and published by Kluwer Law International B.V.. This book was released on 2022-11-22 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: The vast bulk of claims in international commercial arbitration are contractual in nature. Viewed through that lens, what comes to occupy centre stage in the arbitration of disputes is the choice of applicable contract law. This book breaks new ground by for the first time focusing in depth on the contract law chosen by the parties to be applied to disputes. The author uses a comparative-inductive methodology to analyse why – according to statistics of the International Chamber of Commerce – English, New York, and Swiss contract law outperform transnational and other contract law regimes in the choice-of-law provision of business contracts. He finds that these three bodies of law share a firm commitment to enforcing the contract as written, thus prioritizing certainty, stability, and predictability, and clearly recognizing the parties’ right to determine for themselves (and have arbitrators and courts respect) central issues such as risk allocation and price. Starting from a detailed comparative examination of traditional and contemporary theories of contract, the author develops a minimalist approach that is acceptable to lawyers with a civil or common law background and that facilitates dealmaking by providing a clear set of hard-edged rules in four areas – formation of contracts, invalidity and public policy, contract interpretation, and damages for breach – and showing how each of the three contract regimes that are dominant in practice manifests his approach. With its emphasis on pragmatic adjudication grounded on facts and consequences rather than on conceptualisms and generalities, the book greatly enhances the ability of arbitrators to make decisions based on legal arguments that fit the setting of international commercial arbitration. It is sure to become established as a tool to achieve the defined objective of facilitating cross-border commercial transactions as well as providing arbitrators with a set of rules for the interpretation of contractual provisions and the quantification of damages. ‘Peter Sester confronts the reality that disputes in commercial arbitration are overwhelmingly contract-based, and properly directs our attention away from the contract by which the parties agreed to arbitrate to the contract by reference to which they intended their disputes to be adjudicated. This is a most welcome move and one that cannot help stimulate those whose interests are similarly situated on the frontier between the law of arbitration and the law of international contracts.’ Prof. George A. Bermann Columbia University, New York City ‘This is a book that is not only useful but also close to market expectations. ... Summing up, I would like to congratulate Peter Sester for giving us a free-market society book. He provides his readers with much food for thought and a remarkable admonition not to replace the parties’ work with public policy considerations.’ Prof. Dr Peter Nobel Emeritus Universities St. Gallen and Zurich, Switzerland
Book Synopsis Legal Theory of International Arbitration by : Emmanuel Gaillard
Download or read book Legal Theory of International Arbitration written by Emmanuel Gaillard and published by BRILL. This book was released on 2010-05-03 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: Review excerpts from the book on Scribd International arbitration readily lends itself to a legal theory analysis. The fundamentally philosophical notions of autonomy and freedom are at the heart of its field of study. Similarly essential are the questions of legitimacy raised by the parties’ freedom to favor a private form of dispute resolution over national courts, to choose their judges, to tailor the procedure and to choose the applicable rules of law, and by the arbitrators’ freedom to determine their own jurisdiction, to shape the conduct of the proceedings and to choose the rules applicable to the dispute. The present work, based on a Course given at The Hague Academy of International Law in the Summer 2007, identifies the philosophical postulates that underlie this field of study and shows their profound coherence and the practical consequences that follow from these postulates in the resolution of international disputes.
Book Synopsis Arbitrability by : Loukas A. Mistelis
Download or read book Arbitrability written by Loukas A. Mistelis and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: It often seems today that no dispute is barred from resolution by arbitration. Even the fundamental question of whether a dispute falls under the exclusive jurisdiction of a judicial body may itself be arbitrable. Arbitrability is thus an elusive concept; yet a systematic study of it, as this book shows, yields innumerable guidelines and insights that are of substantial value to arbitral practice. Although the book takes the form of a collection of essays, it is designed as a comprehensive commentary on practical issues that emerge from the idea of arbitrability. Fifteen leading academics and practitioners from Europe and the United States each explore different facets of arbitrability always with a perspective open to international developments and comparative evaluation of standards. The presentation falls into two parts: in the first the focus is on the general features of arbitrability, its rationale and the laws applicable to it. In the second, arbitrability is specifically examined in the context of administrative, criminal, corporate, IP, financial, commercial, and criminal law This book has its origins in an International Conference on Arbitrability held at Athens in September 2005. Seven papers presented there are here reviewed and updated, and nine others are added. The subject of the book and arbitrability and is one that is much talked about, but seldom if ever given the in-depth treatment presented here. Arbitrators and other practitioners in the field will welcome the way the analysis moves logically from theory to practice regarding every issue, and academics will recognize a definitive treatment of arbitrability as understood and applied in the settlement of disputes today.
Book Synopsis The UNCITRAL Model Law and Asian Arbitration Laws by : Gary F. Bell
Download or read book The UNCITRAL Model Law and Asian Arbitration Laws written by Gary F. Bell and published by Cambridge University Press. This book was released on 2018-10-04 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores how the text and principles of the UNCITRAL Model Arbitration Law are implemented, or not, in key Asian jurisdictions.
Download or read book Arbitration written by Kristine Karsten and published by . This book was released on 2003 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This collection of papers results from the proceedings of the 2002 Annual General Meeting of the ICC Institute of World Business Law."--Introduction.
Book Synopsis Choice of Law in International Commercial Contracts by : Oxford Editor
Download or read book Choice of Law in International Commercial Contracts written by Oxford Editor and published by . This book was released on 2021-03 with total page 1392 pages. Available in PDF, EPUB and Kindle. Book excerpt: This global study provides a definitive reference guide to the key choice of law principles on international contracts, including 60 national and regional reports written by experts from all parts of the world, and a dedicated commentary on the Hague Principles as applied to international commercial arbitration.
Book Synopsis Party Autonomy in Private International Law by : Alex Mills
Download or read book Party Autonomy in Private International Law written by Alex Mills and published by Cambridge University Press. This book was released on 2018-08-16 with total page 595 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides an unprecedented historical, theoretical and comparative analysis and appraisal of party autonomy in private international law. These issues are of great practical importance to any lawyer dealing with cross-border legal relationships, and great theoretical importance to a wide range of scholars interested in law and globalisation.
Book Synopsis Decision-making in International Construction Arbitration by : Haytham Besaiso
Download or read book Decision-making in International Construction Arbitration written by Haytham Besaiso and published by Taylor & Francis. This book was released on 2023-10-03 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contributes to the empirical understanding of how arbitrators make their decisions on the substance of commercial disputes arising from international construction projects. It is based on in-depth interviews with 28 international construction arbitrators and on the analysis of dozens of international construction arbitration awards. The combined experience of those who participated in the author’s research amounted to hundreds of international construction arbitrations (~ 300 cases) in addition to several hundred international commercial arbitrations. It presents the results of the first and largest research to be undertaken in this area, and it will be useful to arbitration practitioners and scholars and to the wider audience of dispute resolution students, practitioners, and theorists. In turn, the book examines to what extent international arbitrators apply the law as the substantive norm, providing an explanation for that, and then offers insights into whether arbitrators, in fact, lean towards commercial and transnational norms to construe the parties’ contract before discussing to what extent international arbitrators take into account fairness considerations to reach their decisions on the merits of the parties’ claims. The book also examines to what extent international arbitrators apply mandatory rules of foreign law. Lastly, it provides insight into the effect of arbitrators’ background characteristics on their decisions. Written for arbitration practitioners (arbitrators and legal counsel) and scholars, the book will be useful for both experienced arbitrators and those starting their arbitration career or studying for their arbitration qualification. It will also be useful for project professionals involved in contract management and dispute resolution.
Book Synopsis Yearbook Commercial Arbitration, Volume XLVIII (2023) by : Stephan W. Schill
Download or read book Yearbook Commercial Arbitration, Volume XLVIII (2023) written by Stephan W. Schill and published by Kluwer Law International B.V.. This book was released on 2023-12-11 with total page 825 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Yearbook Commercial Arbitration continues its longstanding commitment to serving as a primary resource for the international arbitration community. With arbitral awards being published in the newly founded ICCA Awards Series as of 2023, the Yearbook now focuses on court decisions that either apply the principal arbitration conventions or are of general interest to the practice of international arbitration and comes with the addition of new indexes to facilitate research. Volume XLVIII (2023) includes: • excerpts of fifty-three decisions applying the 1958 New York Convention from 21 countries indexed by Convention topics • excerpts from eight decisions applying the 1965 ICSID Convention and the 1975 Panama Convention • excerpts from fifty-nine decisions of general interest to the practice of international arbitration: forty-nine recent decisions of the Singapore International Commercial Court, as well as ten decisions rendered by the courts of Canada, France, Germany, and India, and by the European Court of Human Rights • two new indexes covering all reported decisions: a Table of Instruments and an Index by Subject Matter • announcements of new and amended arbitration rules, and recent developments in arbitration law and practice • an extensive Bibliography of recent books and journals on arbitration • a Compendium of Arbitral Awards Published in the Yearbook 1976 – 2022, concluding the Yearbook cycle of awards publication. The Yearbook is edited by the International Council for Commercial Arbitration (ICCA), the world’s leading organization representing practitioners and academics in the field of international arbitration, under the general editorship of Prof. Dr. Stephan W. Schill and with the assistance of the Permanent Court of Arbitration, The Hague. It is an essential tool for lawyers, businesspeople and scholars involved in the practice and study of international arbitration.
Book Synopsis Dealing with Bribery and Corruption in International Commercial Arbitration by : Emmanuel Obiora Igbokwe
Download or read book Dealing with Bribery and Corruption in International Commercial Arbitration written by Emmanuel Obiora Igbokwe and published by Kluwer Law International B.V.. This book was released on 2023-01-10 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Arbitration Law Library, Volume 65 International commercial arbitration is by no means free from bribery and corruption. Although a plethora of legal scholarship clearly affirms this contention, a thorough study on the particularly important question of the authority and duty of international commercial arbitrators to investigate a suspicion or indication of bribery or corruption sua sponte ¬– that is, on their own initiative – has been surprisingly lacking. This important book fills this gap, inter alia, by locating sua sponte authority in the position of arbitral tribunals in establishing the facts of a case and ascertaining and applying the applicable normative standards. In addition to providing a comprehensive examination of how the issue of bribery and corruption is dealt with in contemporary international commercial arbitration, the book also highlights the role of arbitrators in global efforts to combat transnational commercial bribery and corruption. Among others, the following critical issues are thoroughly investigated: arbitrability of issues of public interests; intermediary contracts; role of arbitrators in the fact-finding process; party autonomy versus overriding mandatory rules; iura novit curia in international commercial arbitration in the context of bribery and corruption; notion of transnational (or ‘truly international’) public policy; arbitrators’ duty to act as guardians of international commerce; investigative tools available to arbitrators; dealing with manifestly recalcitrant parties; possible consequences of violating the obligation to sua sponte investigate; and the view from developing countries. The analysis leans primarily on Swiss law, as Switzerland is one of the most important jurisdictions in international commercial arbitration; Switzerland has also been involved in some of the most famous and controversial arbitration cases wherein bribery and corruption became an issue. However, the study also includes a comparative analysis of the relevant laws, jurisprudence, and doctrine of other major arbitration venues, particularly England, France, and Germany. Not only in the light it sheds on how and whether international commercial arbitrators have hitherto justified the trust States have placed in them regarding the protection of the public interests but also in the practical solutions it offers arbitrators faced with issues of bribery and corruption, this deeply researched book equips arbitration practitioners and arbitration institutions with a hitherto lacking in-depth analysis on the question of sua sponte investigation. It also provides invaluable insights on how this issue might affect the future, legitimacy and expansion of this dispute settlement mechanism. Outside the field of arbitration, the book also provides jurists, legal scholars, in-house counsel for companies doing transnational business and public officials with highly enlightening perspectives on the interaction between international commercial arbitration and public interests.
Book Synopsis Contract Interpretation in Investment Treaty Arbitration by : Yuliya Chernykh
Download or read book Contract Interpretation in Investment Treaty Arbitration written by Yuliya Chernykh and published by International Litigation in Press. This book was released on 2022 with total page 632 pages. Available in PDF, EPUB and Kindle. Book excerpt: "As the book clearly explains, there are situations in which questions of contract law need to be examined by investment tribunals - mainly as preliminary or incidental questions, to determine issues such as contract liability or breach of contract, that in turn are assumed as a basis for the issues of investment law in dispute"--
Book Synopsis Mandatory Rules in International Arbitration by : George A. Bermann
Download or read book Mandatory Rules in International Arbitration written by George A. Bermann and published by Juris Publishing, Inc.. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "...[papers] originally presented at a colloquium on Mandatory rules of law in international arbitration held at Columbia Law School in June 2007 and organized by Professor George A. Bermann of Columbia Law School and Professor Loukas A. Mistelis of the School of International Arbitration, Queen Mary University of London" -- P. vii.
Book Synopsis The Cambridge Handbook of Compliance by : Benjamin van Rooij
Download or read book The Cambridge Handbook of Compliance written by Benjamin van Rooij and published by Cambridge University Press. This book was released on 2021-05-20 with total page 1559 pages. Available in PDF, EPUB and Kindle. Book excerpt: Compliance has become key to our contemporary markets, societies, and modes of governance across a variety of public and private domains. While this has stimulated a rich body of empirical and practical expertise on compliance, thus far, there has been no comprehensive understanding of what compliance is or how it influences various fields and sectors. The academic knowledge of compliance has remained siloed along different disciplinary domains, regulatory and legal spheres, and mechanisms and interventions. This handbook bridges these divides to provide the first one-stop overview of what compliance is, how we can best study it, and the core mechanisms that shape it. Written by leading experts, chapters offer perspectives from across law, regulatory studies, management science, criminology, economics, sociology, and psychology. This volume is the definitive and comprehensive account of compliance.
