Practitioner's Handbook on International Arbitration

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Publisher :
ISBN 13 : 9783406471094
Total Pages : 1315 pages
Book Rating : 4.4/5 (71 download)

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Book Synopsis Practitioner's Handbook on International Arbitration by : Frank-Bernd Weigand

Download or read book Practitioner's Handbook on International Arbitration written by Frank-Bernd Weigand and published by . This book was released on 2002 with total page 1315 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Practitioner's Handbook on International Arbitration and Mediation - Third Edition

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Author :
Publisher : Juris Publishing, Inc.
ISBN 13 : 1933833750
Total Pages : 1198 pages
Book Rating : 4.9/5 (338 download)

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Book Synopsis Practitioner's Handbook on International Arbitration and Mediation - Third Edition by : Richard Chernick

Download or read book Practitioner's Handbook on International Arbitration and Mediation - Third Edition written by Richard Chernick and published by Juris Publishing, Inc.. This book was released on 2012-04-01 with total page 1198 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Practitioner's Handbook on International Arbitration and Mediation, 3rd Edition is a unique work with each chapter written by a well-known practitioner and expert in the field. It covers each step of the international arbitration and mediation process and offers separate chapters that summarize the laws of leading arbitral venues. This Handbook is intended to make the reader into a better practitioner or arbitrator/mediator. Moreover, each chapter has been written to provide practical advice and guidance. Unlike many works with multiple authors, this work is not simply a collection of essays on a general subject. This book is a unified work with cross references among the chapters and a consistent format throughout. The Practitioner's Handbook is divided into three parts. Part One describes in detail each step of the international arbitration process and offers tips. Part Two deals with each step and facet of an international mediation. Each of these chapters is filled with Practitioners’ Expert Commentary. Part Three summarizes the laws of leading arbitral jurisdictions, like Hong Kong, England, Switzerland, and France. These chapters give you detailed guidance on the laws governing international arbitration in that particular jurisdiction. As a result, the chapters in Part Three are a bit more technical as the authors realized that the reader would need citations to and commentary on the local arbitration statutes and rules. The CD ROM that accompanies this Work contains relevant original source material that is germane to the text. A review of the table of contents of the material contained on the CD ROM will acquaint you with the range of material covered.

Arbitration in Switzerland

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041192743
Total Pages : 2862 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Arbitration in Switzerland by : Dr. Manuel Arroyo

Download or read book Arbitration in Switzerland written by Dr. Manuel Arroyo and published by Kluwer Law International B.V.. This book was released on 2018-08-06 with total page 2862 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration in Switzerland

Practitioner's Handbook on International Commercial Arbitration

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Publisher : OUP Oxford
ISBN 13 : 0191579971
Total Pages : 2585 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis Practitioner's Handbook on International Commercial Arbitration by : Frank-Bernd Weigand

Download or read book Practitioner's Handbook on International Commercial Arbitration written by Frank-Bernd Weigand and published by OUP Oxford. This book was released on 2009-12-24 with total page 2585 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Practitioner's Handbook on International Commercial Arbitration provides concise country reports on important jurisdictions for international arbitral proceedings, as well as commentaries on well-known arbitration rules which are frequently incorporated in international legal agreements. Most international commercial contracts now include an arbitration clause as an alternative to resolving disputes in the state courts. This second edition of the Practitioner's Handbook includes newly updated country chapters, expanded international coverage and commentary on the most important arbitration rules worldwide. It is written by world-leading arbitration practitioners and academics and combines a practical approach with in-depth legal research and analysis of important national and international case law. The book is unique in its coverage, providing uniformly designed country reports and thorough commentaries on internationally recognized arbitration rules in just one volume. There are individual chapters for the following countries: Austria, Belgium, China & Hong Kong, England, France, Germany, Italy, Netherlands, Singapore, Sweden, Switzerland, USA. Each country report covers: jurisdiction, the tribunal, arbitration procedure, the award, amendments and challenge to the award, liability of arbitrators and enforcement of national awards; and provides details of national arbitration laws, arbitral institutions in the jurisdiction, model arbitration clauses and a bibliography, including a list of key judicial decisions. The first edition was reviewed as "an outstanding book" and "an extremely useful tool". The work is an indispensable one-stop reference point for lawyers drafting international arbitration clauses or handling arbitration proceedings in different countries.

The Practitioner's Handbook on International Arbitration and Mediation

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Publisher : Juris Net Llc
ISBN 13 : 9781929446155
Total Pages : 1000 pages
Book Rating : 4.4/5 (461 download)

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Book Synopsis The Practitioner's Handbook on International Arbitration and Mediation by : Rufus von Thülen Rhoades

Download or read book The Practitioner's Handbook on International Arbitration and Mediation written by Rufus von Thülen Rhoades and published by Juris Net Llc. This book was released on 2002 with total page 1000 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Practitioner's Handbook on International Arbitration and Mediation is a unique work with each chapter written by a wellknown practitioner and expert in the field. The book is divided into three parts: Part 1 contains chapters covering international arbitration and mediation. Each chapter is filled with practitioner's hints. Part 2 is country specific. These chapters provide you with detailed, practical advice on how to conduct an arbitration in that country. Part 3, on CD-Rom, is devoted to original source materials, such as institutional and national rules.

The International Arbitration Rulebook

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Publisher : Kluwer Law International B.V.
ISBN 13 : 904118919X
Total Pages : 617 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The International Arbitration Rulebook by : Arif Hyder Ali

Download or read book The International Arbitration Rulebook written by Arif Hyder Ali and published by Kluwer Law International B.V.. This book was released on 2019-10-24 with total page 617 pages. Available in PDF, EPUB and Kindle. Book excerpt: The numerous arbitral regimes around the world differ in subtle yet complex ways. These variations can have a profound effect on the procedural rights and obligations of the parties. Broadly speaking, the choice of regime will impact the way in which an arbitration is conducted; its duration and expense; the outcome of the dispute; and the ultimate enforceability of the award. To inform the parties’ choice, this book is the first to deal specifically and in depth with a broad range of institutional and ad hoc arbitration rules on a comparative basis. It provides a practical guide to the rules in one book—a one-stop shop—from a distinctly “rule” and “guide” point of view. This book has its genesis in the authors’ experience as practitioners and educators in international commercial and investor-state arbitration—and as advisers to, and trainers for, arbitral institutions, arbitrators, judges and government officials around the world. This comprehensive, descriptive and analytical “road map” covers the broad range of issues addressed in nine representative major sets of arbitration rules. The authors detail the distinct ways in which rules governing such important issues as the following may differ among the various arbitral regimes: the governance structure and role of the administering institutions in the arbitration, including case management and administrative support; the critical and recommended issues to be established in the agreement to arbitrate, such as the place of arbitration and the governing law among others; the requirements and best practices for starting the arbitration on the right foot; the procedures for selecting, appointing and challenging arbitrators; the impact of the initial procedural conference on the proceedings; the rules on presenting the case in chief: written submissions, documentary evidence, witness and expert testimony and more; the costs and fees of leading institutions; the procedures and standards for award scrutiny and enforceability; and a range of special and innovative procedures such as expedited proceedings, interim relief and consolidation of proceedings. The comparative analysis is organized around the chronological phases of an international arbitration and supported by rule comparison tables and clear explanations of each step of the process. With this eminently practical book, contract negotiators, counsel and arbitrators can confidently navigate any international arbitration. Thorough coverage of the applicable rules and guidelines enables parties and/or the tribunal to design bespoke arbitration procedures based upon the various rules of leading regimes. Arbitral institutions can survey the different approaches and identify emerging best practices in the design and drafting of arbitral regimes. All in all, this volume is a useful guide and comprehensive framework of rules for both arbitration practitioners and users of arbitration services, as well as for students and teachers of international arbitration.

Arbitration in Africa

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9403537612
Total Pages : 693 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Arbitration in Africa by : Lise Bosman

Download or read book Arbitration in Africa written by Lise Bosman and published by Kluwer Law International B.V.. This book was released on 2021-09-02 with total page 693 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Second Edition of this unprecedented volume assembles an updated and expanded country-by-country analysis – both practical and insightful – of how arbitration is conducted in forty-nine African countries, providing essential information about legislative provisions, treaty adherence, and arbitral procedure. Contributors include sought-after African arbitrators, distinguished practitioners, academics and institution-builders, all of whom are active in promoting the use of arbitration as a viable means of dispute resolution in Africa. Five sections representing the main regions of the continent, each with a substantive introductory chapter covering the major trends within that region, offer country overviews addressing issues such as the following: adherence to the key arbitration conventions; modernity of a State’s arbitration legislation and its compatibility with the UNCITRAL Model Law; particular features of arbitral practice in that jurisdiction (including responses to the COVID-19 pandemic); access to and (where available) statistics from local and regional arbitral institutions; significant arbitration-related national case law; and enforcement of foreign arbitral awards. A sixth section focuses on treaty-based investor-State arbitration against African States under the ICSID Convention, providing an empirical analysis of the experience and record of African States with investor-State arbitration in the period between 2010 and 2020. Useful tables and graphics of intra-African bilateral investment treaties, a list of ICSID proceedings involving African States, a list of treaty accession by African States, and other tabular features round out the volume. The first edition of this volume was welcomed by arbitration practitioners and legal academics everywhere as an essential guide to an emerging and important area of international arbitration practice. This second edition tracks the significant developments (in treaty accession, reform of arbitration legislation and developing case law) that have taken place over the past decade, and confirms that arbitration as a preferred method of dispute resolution is now firmly entrenched on the African continent.

Practitioner's Guide to Arbitration in the Middle East and North Africa

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Publisher : Juris Publishing, Inc.
ISBN 13 : 1933833300
Total Pages : 568 pages
Book Rating : 4.9/5 (338 download)

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Book Synopsis Practitioner's Guide to Arbitration in the Middle East and North Africa by : Essam Al Tamimi

Download or read book Practitioner's Guide to Arbitration in the Middle East and North Africa written by Essam Al Tamimi and published by Juris Publishing, Inc.. This book was released on 2009-09-01 with total page 568 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Practitioner's Guide to Arbitration in the Middle East and North Africa is the culmination of the real experience and expertise from those experts and authorities directly involved with arbitration in their respective countries. The book is the first of its kind to target the Mena region specifically and is essential for anyone working in the area of arbitration both in the Middle East and world-wide. The practice of arbitration of private disputes is not new to MENA countries. Arbitration has long been recognized as a legitimate and culturally accepted practice of dispute resolution, dating back to dispute resolution practices of the early Islamic period, and even the pre-Islamic era. International commercial arbitration, and its cultural and juridical acceptance, is a more recent and complex phenomenon nonetheless on the rise in MENA countries. It is now standard for arbitration clauses to be included in contracts governing international transactions and there is a growing consensus among MENA merchants engaged in international trade, along with their commercial counterparts in the rest of the world, that international arbitration is preferable to litigation in domestic courts for purposes of resolving private commercial disputes. While subject to some qualifications and restrictions in some instances, in many, if not most, MENA countries, arbitration clauses can be included in contracts with government entities engaging in commercial transactions. Additionally, conferences, seminars, and training programs in international arbitration are on the rise, and various international arbitration centres have been established. The advantages from the perspective of private parties are tremendous: Parties can elect which law will apply to disputes arising from their transactions, and they can remove themselves from the constraints and biases of parochial attitudes in national courts. There is also an increasing acceptance by national courts of international arbitration standards, such as the principle of Kompetenz-Kompetenz, recognising the right of arbitrators to decide their own jurisdiction and the separability of the arbitration clause. More frequently, courts are granting assistance and support to international arbitrations and are more receptive to enforcing foreign awards. This book is a comprehensive guide to arbitration in Algeria, Bahrain, Egypt, Iran, Jordan, Kuwait, Lebanon, Libya, Morocco, Oman, Palestine, Qatar, Saudi Arabia, Sudan, Syria, Tunisia, UAE, and Yemen. Written in question/answer format by leading practicioners and firms from the region, it elicits the most salient features of the legal framework for arbitration and international arbitration in each of the respective countries.

Arbitration in Egypt

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9403512644
Total Pages : 481 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Arbitration in Egypt by : Ibrahim Shehata

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 |

International Arbitration in Sweden

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Publisher : Kluwer Law International
ISBN 13 : 9789403525617
Total Pages : 560 pages
Book Rating : 4.5/5 (256 download)

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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. This book was released on 2021-03-09 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Arbitration in Sweden', now in its second edition, is a compendious book penned by sixteen eminent practitioners that furnishes a practical guide to international arbitration in Sweden, whether ad hoc or institutional. 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. In this context of credible neutrality, the Arbitration Institute of 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.

Handbook on International Commercial Arbitration

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Publisher : Juris Publishing, Inc.
ISBN 13 : 1937518329
Total Pages : 496 pages
Book Rating : 4.9/5 (375 download)

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Book Synopsis Handbook on International Commercial Arbitration by : Peter Ashford

Download or read book Handbook on International Commercial Arbitration written by Peter Ashford and published by Juris Publishing, Inc.. This book was released on 2014-03-01 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook will assist the practitioner, whether lawyer, counsel or arbitrator, in some of the practical minefields of international commercial arbitration. It considers the typical course of an international commercial arbitral proceeding, from deciding what claims may be arbitrated to calculating damages and the contents of an award, giving guidance and sample documents for each step. It also provides an extensive discussion of discovery and the presentation of evidence during hearings. This will work in aid the efficiency of the arbitral process, especially by reducing time and cost. For counsel and arbitrators alike, it provides a convenient reference work for the problems that inevitably arise in the procedural and substantive steps in arbitration. Analyzing the relevant law and rules from a range of jurisdictions and international arbitral institutions, the Handbook is a truly invaluable companion for everyone involved in international commercial arbitration.

International Arbitration: Law and Practice

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9403532548
Total Pages : 627 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis International Arbitration: Law and Practice by : Gary B. Born

Download or read book International Arbitration: Law and Practice written by Gary B. Born and published by Kluwer Law International B.V.. This book was released on 2021-06-07 with total page 627 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Arbitration: Law and Practice (Third Edition) provides comprehensive and authoritative coverage of the basic principles and legal doctrines, and the practice, of international arbitration. The book contains a systematic, but concise, treatment of all aspects of the arbitral process, including international arbitration agreements, international arbitral proceedings and international arbitral awards. The Third Edition guides both students and practitioners through the entire arbitral process, beginning with drafting, enforcing and interpreting international arbitration agreements, to selecting arbitrators and conducting arbitral proceedings, to recognizing, enforcing and seeking to annul arbitral awards. The book is written in clear, accessible language, suited for both law students and non-specialist practitioners, as well as more experienced readers. This highly regarded work addresses both international commercial arbitration and the related fields of investment and state-to-state arbitration and is essential reading for any student of international arbitration and any practitioner seeking a complete introduction to the field. The Third Edition has been comprehensively updated to include recent legislative amendments, judicial decisions and arbitral awards. Among other things, the book provides detailed treatment of the New York Convention, the UNCITRAL Model Law on International Commercial Arbitration, all leading institutional arbitration rules (including ICC, SIAC, LCIA, AAA and others), the ICSID Convention and ICSID Arbitration Rules, and judicial decisions from leading jurisdictions. The Third Edition is integrated with the author’s classic International Commercial Arbitration and with the online Born International Arbitration Lectures, enabling students, teachers and practitioners to explore particular topics in more detail. About the Author: Gary B. Born is the world’s leading authority on international arbitration and litigation. He has practiced extensively in both fields in Europe, the United States, Asia and elsewhere. He is the author of International Commercial Arbitration (Kluwer Law International 3rd ed. 2021), International Arbitration and Forum Selection Agreements: Drafting and Enforcing (Kluwer Law International 6th ed. 2021), International Commercial Arbitration: Cases and Materials (Aspen 3rd ed. 2021) and International Civil Litigation in United States Courts (Aspen 6th ed. 2018).

The Principles and Practice of International Commercial Arbitration

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Publisher : Cambridge University Press
ISBN 13 : 1139469975
Total Pages : 91 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis The Principles and Practice of International Commercial Arbitration by : Margaret L. Moses

Download or read book The Principles and Practice of International Commercial Arbitration written by Margaret L. Moses and published by Cambridge University Press. This book was released on 2008-03-17 with total page 91 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title provides the reader with immediate access to understanding the world of international arbitration. Arbitration has become the dispute resolution method of choice in international transactions. This book explains how and why arbitration works. It provides the legal and regulatory framework for international arbitration, as well as practical strategies to follow and pitfalls to avoid. It is short and readable, but comprehensive in its coverage of the basic requirements, including changes in arbitration laws, rules, and guidelines. In the book, the author includes insights from numerous international arbitrators and counsel, who tell firsthand about their own experiences of arbitration and their views of the best arbitration practices. Throughout the book, the principles of arbitration are supported and explained by the practice, providing a concrete approach to an important means of resolving disputes.

International Arbitration in Switzerland

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Publisher :
ISBN 13 : 9789041138484
Total Pages : 446 pages
Book Rating : 4.1/5 (384 download)

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Book Synopsis International Arbitration in Switzerland by : Elliott Geisinger

Download or read book International Arbitration in Switzerland written by Elliott Geisinger and published by . This book was released on 2013-01-01 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: A convenient, neutral location, with a long-standing tradition of arbitration, arbitrationfriendly legislation, arbitration-supportive courts, and an exemplary infrastructure for all of these reasons, parties often choose Switzerland as their preferred seat of arbitration. Switzerland continues to therefore play a leading role in the field of arbitration.

International Arbitration in the United States

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041190813
Total Pages : 794 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis International Arbitration in the United States by : Laurence Shore

Download or read book International Arbitration in the United States written by Laurence Shore and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 794 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Arbitration in the United States is a comprehensive analysis of international arbitration law and practice in the United States (U.S.). Choosing an arbitration seat in the U.S. is a common choice among parties to international commercial agreements or treaties. However, the complexities of arbitrating in a federal system, and the continuing development of U.S. arbitration law and practice, can be daunting to even experienced arbitrators. This book, the first of its kind, provides parties opting for “private justice” with vital judicial reassurance on U.S. courts’ highly supportive posture in enforcing awards and its pronounced reluctance to intervene in the arbitral process. With a nationwide treatment describing both the default forum under federal arbitration law and the array of options to which parties may agree in state courts under state international arbitration statutes, this book covers aspects of U.S. arbitration law and practice as the following: .institutions and institutional rules that practitioners typically use; .ethical considerations; .costs and fees; .provisional measures; and .confidentiality. There are also chapters on arbitration in specialized areas such as class actions, securities, construction, insurance, and intellectual property.

Procedure and Evidence in International Arbitration

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041140670
Total Pages : 1363 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Procedure and Evidence in International Arbitration by : Jeffrey Waincymer

Download or read book Procedure and Evidence in International Arbitration written by Jeffrey Waincymer and published by Kluwer Law International B.V.. This book was released on 2012-05-23 with total page 1363 pages. Available in PDF, EPUB and Kindle. Book excerpt: Central to the book’s purpose is the procedural challenge facing arbitrators at each and every stage of the arbitral process when fairness arguments conflict with efficiency concerns and trade-offs must be determined. Some key themes include how can a tribunal be fair, and in particular be neutral, if parties are so diverse? How can arbitration be made efficient and cost-effective without undue inroads into fairness and accuracy? How does a tribunal do what is best if the parties are choosing a suboptimal process? When can or must an arbitrator ignore procedural choices made by the parties? The author thoroughly evaluates competing arguments and adds his own practical tips, expertly synthesizing and engaging with the conference literature and differing authors’ views. He identifies criteria that offer a harmonized approach to each stage of the arbitral process, with particular attention to such aspects of international arbitration as: appropriate trade-offs between flexibility and certainty; the rights, duties and powers of arbitrators; appointment and challenge of arbitrators; responses to ‘guerilla’ tactics; drafting of arbitration agreements, including specialty clauses; drafting of required commencement notices and response documents; set-off; fast track arbitration and other efficiency options; strategic use of preliminary conferences and timetabling; online arbitration; multi-party, multi-contract, class arbitration; amicus and third party funders; pre-arbitral referees and interim relief; witness evidence, both factual and expert; documentary evidence, production obligations, and challenges to production; identifying applicable law; and remedies and costs.

Litigating International Investment Disputes

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004276572
Total Pages : 566 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Litigating International Investment Disputes by : Chiara Giorgetti

Download or read book Litigating International Investment Disputes written by Chiara Giorgetti and published by Martinus Nijhoff Publishers. This book was released on 2014-07-03 with total page 566 pages. Available in PDF, EPUB and Kindle. Book excerpt: Each year a growing number of complex and distinctive cases are filed in diverse forums which specialize in international investment arbitration. Until now, however, no single manual has guided practitioners through the many complexities involved in international investment arbitration proceedings - from whether and how to initiate arbitral proceedings to the enforcement of the award and available post-award remedies. Litigating International Investment Disputes: A Practitioner’s Guide fills this lacuna by serving as a comprehensive resource for those who are new to international investment arbitration, as well as for the seasoned practitioners. The diverse group of contributors are highly experienced experts and practitioners, who have acted as counsel and arbitrators, and served in institutions which routinely administer international investment arbitration proceedings.