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Pervasive Problems In International Arbitration
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Book Synopsis Pervasive Problems in International Arbitration by : Loukas A. Mistelis
Download or read book Pervasive Problems in International Arbitration written by Loukas A. Mistelis and published by Kluwer Law International B.V.. This book was released on 2006-01-01 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This important book will be of great interest to arbitration lawyers, international lawyers and business people, as well as to academics, libraries, and students of dispute resolution."--Publisher's website.
Book Synopsis Pervasive Problems in International Arbitration by : Loukas A. Mistelis
Download or read book Pervasive Problems in International Arbitration written by Loukas A. Mistelis and published by . This book was released on 2006 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This important book will be of great interest to arbitration lawyers, international lawyers and business people, as well as to academics, libraries, and students of dispute resolution."--Publisher's website.
Book Synopsis Towards a Science of International Arbitration by : Christopher R. Drahozal
Download or read book Towards a Science of International Arbitration written by Christopher R. Drahozal and published by Kluwer Law International B.V.. This book was released on 2005-01-01 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most books on international commercial arbitration approach the subject through legal theory supported by anecdotal evidence. This remarkable book is distinguished by its focus on the application of quantitative empirical research to the study of international arbitration. It collects, together with commentary, the existing empirical literature on the subject, and also presents several studies published here for the first time. Beginning with a basic overview of the methods of empirical research (surveys, observational studies, experimental studies), the book goes on to reprint the existing empirical studies under six headings: why parties agree to arbitrate; arbitration clauses; arbitral procedures; arbitrator selection; rules of decision and applicable law; and, arbitration awards. Written in an easily accessible, non-technical manner, Towards a Science of International Arbitration provides the starting point for future empirical research on international arbitration by collecting the existing empirical literature in one place and by suggesting possible topics for research. It will be of inestimable value to lawyers and others involved in international dispute resolution, whether as arbitrators, parties, party representatives, or in-house counsel, as well as to academics interested in methods of resolving disputes in international commerce.
Book Synopsis Third Parties in International Commercial Arbitration by : Stavros Brekoulakis
Download or read book Third Parties in International Commercial Arbitration written by Stavros Brekoulakis and published by OUP Oxford. This book was released on 2010-12-23 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Third Parties in International Commercial Arbitration addresses the role and the interests of third parties in international arbitration. Through a clear overview and in-depth critical commentary, the book explores existing case law and its related academic literature as well as offering an insight into more practical concerns.
Book Synopsis International Arbitration by : Stephen M. Schwebel
Download or read book International Arbitration written by Stephen M. Schwebel and published by Cambridge University Press. This book was released on 2020-01-23 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: The vitality or, alternatively, vitiation of the international arbitral process remains a pressing subject. The explosion of inter-State, investor-State, and international commercial arbitration in recent years magnifies the importance of the subject. This second edition combines the historical analysis of the first edition with a survey of the continued salience and contemporary developments for each of the three problems identified: (i) the severability of the arbitration agreement; (ii) denial of justice (and now other possible breaches of international law) by governmental negation of arbitration; and (iii) the authority of truncated international arbitral tribunals. The international arbitral process continues to be fortified against unilateral attempts to derail it and, to that end, this book will be a valuable guide for practitioners and scholars alike.
Book Synopsis Twilight Issues in International Arbitration by : George Bermann
Download or read book Twilight Issues in International Arbitration written by George Bermann and published by Kluwer Law International B.V.. This book was released on 2023-03-09 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: There are many issues of arbitral practice that remain largely unaddressed, or very poorly addressed, in the sources to which tribunals and counsel conventionally turn for procedural guidance: the arbitration agreement, the lex arbitri and rules of procedure. This book brings together the most frequently recurring of such “twilight” issues—so-called because all participants in the arbitral process, when facing them, find themselves “in the dark”—showing in each case where it is best for arbitrators, counsel, and parties to look for solutions offering logic, certainty and predictability. The issues ably covered by the author include, among others, the following: Is a non-signatory bound by or entitled to invoke an arbitration agreement? When may res judicata or collateral estoppel subject? Should a tribunal issue an anti-suit injunction? When may a tribunal treat as mandatory a law other than the chosen one? On what basis may a witness invoke testimonial privilege? When may a tribunal sanction counsel for what it considers misconduct? By what standards is a determination of corruption to be made? How should a tribunal determine the interest rate applicable to an award? On what basis are costs to be allocated? Examining in turn the guidance that may be provided by normative sources—national law (and if so, which one?), simple exercise of good judgment, or “international standards” derived from soft law, arbitral jurisprudence, international law, and scholarly and professional commentary—the analysis clearly shows how, when conventional sources of legal guidance are unavailing, decisions on important matters of arbitral practice and procedure are best made. The book will prove of major relevance and value to any and all stakeholders in the international arbitral process, whether commercial or investor-state.
Book Synopsis Contemporary Issues in International Arbitration and Mediation by : Arthur W. Rovine
Download or read book Contemporary Issues in International Arbitration and Mediation written by Arthur W. Rovine and published by Martinus Nijhoff Publishers. This book was released on 2012-07-25 with total page 507 pages. Available in PDF, EPUB and Kindle. Book excerpt: These are the 2011 Fordham papers, the fifth annual volume of papers on international arbitration and mediation taken from the conference held at the Fordham Law School in New York City. The papers focus on both practical considerations and scholarly analyses.
Book Synopsis Challenges and Recusals of Judges and Arbitrators in International Courts and Tribunals by : Chiara Giorgetti
Download or read book Challenges and Recusals of Judges and Arbitrators in International Courts and Tribunals written by Chiara Giorgetti and published by BRILL. This book was released on 2015-08-14 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: Challenges and Recusal of Judges and Arbitrators in International Courts and Tribunals provides an in-depth analysis of a fundamental control mechanism of international dispute resolution in the context of some of the main international courts and tribunals. The book also assesses specific grounds and standards for challenging judges and arbitrators, and includes both regional and personal perspectives.
Book Synopsis International Arbitration and Private International Law by : George A. Bermann
Download or read book International Arbitration and Private International Law written by George A. Bermann and published by BRILL. This book was released on 2017-05-15 with total page 648 pages. Available in PDF, EPUB and Kindle. Book excerpt: No field of legal scholarship or practice operates in the world of private international law as continuously and pervasively as does international arbitration, commercial and investment alike. Arbitration’s dependence on private international law manifests itself throughout the life-cycle of arbitration, from the crafting of an enforceable arbitration agreement, through the entire arbitral process, to the time an award comes before a national court for annulment or for recognition and enforcement. Thus international arbitration provides both arbitral tribunals and courts with constant challenges. Courts may come to the task already equipped with longstanding private international law assumptions, but international arbitrators must largely find their own way through the private international law thicket. Arbitrators and courts take guidance in their private international law inquiries from multiple sources: party agreement, institutional rules, treaties, the national law of competing jurisdictions and an abundance of “soft law”, some of which may even be regarded as expressing an international standard. In a world of this sort, private international law resourcefulness is fundamental.
Book Synopsis Challenge and Disqualification of Arbitrators in International Arbitration by : Karel Daele
Download or read book Challenge and Disqualification of Arbitrators in International Arbitration written by Karel Daele and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this thoroughly researched study of the grounds and procedures involved in challenging an arbitrator, the author provides the first in-depth analysis of the pertinent rules, guidelines, and standards of all the major international arbitration tribunals, as well as relevant issues raised in national case law in the United States, France, England, Sweden and Switzerland. Among the matters addressed are the following: the arbitratorand’s duty to disclose and investigate conflicts of interest; the duty of the parties to investigate and inform the arbitrator of conflicts of interest; the formal and timing requirements of making a challenge; the challenge procedure and effect on the arbitral proceeding; the standard for disqualifying arbitrators; the consequences of a successful challenge; issues of independence giving raise to challenges, including multiple appointments, the arbitratorand’s relationship with a party/counsel in the arbitration and the relationship between the arbitratorand’s law firm and a party/counsel; issues of impartiality giving raise to challenges, including the membership of other tribunals, the conduct of the arbitration and the failure to disclose. In light of the continuing growth of international business and the manner in which it is conducted, this book will be of immeasurable practical value to parties in both business and government, as well as to international law firms and the arbitral community. As a detailed guide to evolving best practice and the general obligation to arbitrate in good faith, it has no peers.
Book Synopsis Contemporary Issues in International Arbitration and Mediation: The Fordham Papers 2014 by : Arthur W. Rovine
Download or read book Contemporary Issues in International Arbitration and Mediation: The Fordham Papers 2014 written by Arthur W. Rovine and published by BRILL. This book was released on 2015-10-15 with total page 498 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2014 volume of Contemporary Issues in International Arbitration and Mediation: The Fordham Papers is a collection of important works in the field written by the speakers at the 2014 Fordham Law School Conference on International Arbitration and Mediation, held in New York.
Book Synopsis The Art of Advocacy in International Arbitration by : R. Doak Bishop
Download or read book The Art of Advocacy in International Arbitration written by R. Doak Bishop and published by Juris Publishing, Inc.. This book was released on 2010-05-01 with total page 668 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by today’s leading arbitrators and counsel, this remarkably candid guide provides insight into the practitioner’s approach, conduct, style, and techniques that have proven most effective. While the facts and the law are fundamental, a successful outcome is the product of painstaking document review, witness interviews, legal research, strategizing and focusing the case, and developing compelling written and oral presentations. How to properly perform these tasks is the subject of this book. And where the first edition focused mainly on the cultural differences in advocacy performed in various regions of the world, this new edition expands on this theme by addressing each functional aspect of an international arbitration and the techniques that have been developed for good written and oral advocacy. Intended to assist both the novice in learning the techniques of advocacy, and the experienced advocate in improving his skills, this is an essential reference.
Book Synopsis Contemporary Issues in International Arbitration and Mediation by : Arthur W. Rovine
Download or read book Contemporary Issues in International Arbitration and Mediation written by Arthur W. Rovine and published by Martinus Nijhoff Publishers. This book was released on 2011-08-11 with total page 565 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2010 volume of Contemporary Issues in International Arbitration and Mediation - The Fordham Papers is a collection of important works in the field written by the speakers at the 2010 Fordham Law School Conference on International Arbitration and Mediation.
Book Synopsis Contemporary Issues in International Arbitration and Mediation: The Fordham Papers 2015 by : Arthur W. Rovine
Download or read book Contemporary Issues in International Arbitration and Mediation: The Fordham Papers 2015 written by Arthur W. Rovine and published by BRILL. This book was released on 2016-12-15 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2015 volume of Contemporary Issues in International Arbitration and Mediation: The Fordham Papers is a collection of important works in the field written by the speakers at the 2015 Fordham Law School Conference on International Arbitration and Mediation.
Book Synopsis Practising Virtue by : David D. Caron
Download or read book Practising Virtue written by David D. Caron and published by Oxford University Press. This book was released on 2015-11-12 with total page 800 pages. Available in PDF, EPUB and Kindle. Book excerpt: International arbitration has developed into a global system of adjudication, dealing with disputes arising from a variety of legal relationships: between states, between private commercial actors, and between private and public entities. It operates to a large extent according to its own rules and dynamics - a transnational justice system rather independent of domestic and international law. In response to its growing importance and use by disputing parties, international arbitration has become increasingly institutionalized, professionalized, and judicialized. At the same time, it has gained significance beyond specific disputes and indeed contributes to the shaping of law. Arbitrators have therefore become not only adjudicators, but transnational lawmakers. This has raised concerns over the legitimacy of international arbitration. Practising Virtue looks at international arbitration from the 'inside', with an emphasis on its transnational character. Instead of concentrating on the national and international law governing international arbitration, it focuses on those who practise international arbitration, in order to understand how it actually works, what its sources of authority are, and what demands of legitimacy it must meet. Putting those who practise arbitration into the centre of the system of international arbitration allows us to appreciate the way in which they contribute to the development of the law they apply. This book invites eminent arbitrators to reflect on the actual practice of international arbitration, and its contribution to the transnational justice system.
Book Synopsis Contemporary Issues in International Arbitration and Mediation: The Fordham Papers (2013) by : Arthur W. Rovine
Download or read book Contemporary Issues in International Arbitration and Mediation: The Fordham Papers (2013) written by Arthur W. Rovine and published by Martinus Nijhoff Publishers. This book was released on 2014-10-06 with total page 579 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2013 volume of Contemporary Issues in International Arbitration and Mediation: The Fordham Papers 2013 is a collection of important works in the field written by the speakers at the 2013 Fordham Law School Conference on International Arbitration and Mediation, held in New York.
Book Synopsis Investment Treaty Arbitration by : Kaj Hobér
Download or read book Investment Treaty Arbitration written by Kaj Hobér and published by Edward Elgar Publishing. This book was released on 2018-06-29 with total page 800 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investment Treaty Arbitration is an excellent teaching tool for lecturers and readers of international investment arbitration. This casebook includes over 40 exercises based on real-life disputes, helping readers evaluate and analyse all aspects of the topic.
