Parallel Proceedings in International Arbitration

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ISBN 13 : 9789041152640
Total Pages : 318 pages
Book Rating : 4.1/5 (526 download)

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Book Synopsis Parallel Proceedings in International Arbitration by : Nadja Erk

Download or read book Parallel Proceedings in International Arbitration written by Nadja Erk and published by . This book was released on 2014 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book depicts and evaluates, in a European context, the pleas and actions which parties may make use of to dissolve the parallel jurisdiction of a national court and an arbitral tribunal. The author undertakes a thorough comparative analysis of the motivations for, and practice of, such pleas and actions with special regard to the major hubs where elaborate arbitration laws are tried and tested by the arbitration community - Germany, France, Switzerland, and England. 0On the basis of four scenarios of parallel proceedings before national courts and arbitral tribunals, the analysis tackles such issues and topics as the following: motivations for initiating parallel proceedings from the various parties' perspectives; remedies available to parties in situations of jurisdictional conflicts; effect of the principle of competence-competence on national courts' review of arbitration agreements; pleas restricting national courts' exercise of jurisdiction to a review of core principles (arbitration defence); self-restraining pleas independent of an arbitration agreement (plea of litispendence); actions for declaratory relief; actions aimed at restraining another court's or tribunal's jurisdiction (anti-suit/anti-arbitration injunctions); pleas invoked to avoid procedural inefficiencies and inconsistencies (plea of res judicata); counsel's duty of care and arbitral tribunal's mandate to issue an enforceable award; and litigation culture versus arbitration-friendliness.

Procedure and Evidence in International Arbitration

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041140670
Total Pages : 1408 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 1408 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.

Arbitration Law of Canada

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Author :
Publisher : Juris Publishing, Inc.
ISBN 13 : 1933833963
Total Pages : 1016 pages
Book Rating : 4.9/5 (338 download)

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Book Synopsis Arbitration Law of Canada by : J. Brian Casey

Download or read book Arbitration Law of Canada written by J. Brian Casey and published by Juris Publishing, Inc.. This book was released on 2012-06-01 with total page 1016 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration Law of Canada provides the busy lawyer and arbitrator with a handy day to day reference work. This is a comprehensive treatise on the law and practice of arbitration in Canada. The text covers all aspects of commercial arbitration: when to choose arbitration; how to draft an effective arbitration clause; how to choose an arbitrator; the legal and practical aspects of arbitrating in Canada under both the UNCITRAL Model Law as well as domestic legislation, and enforcing awards in Canada, regardless of the jurisdiction in which they were made. The book covers arbitration law in all the Canadian Provinces. It is not only a definitive legal text, but has been designed and organized to be a handy reference text for arbitration practitioners. The second edition includes a revised and expanded index, a complete index of cases, and a number of additional "practice notes". The chapters dealing with court involvement in arbitration, challenges and recognition of awards, have been extensively revised to take into account the numerous court decisions released since the last edition.

The Law and Procedure of International Tribunals

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Publisher :
ISBN 13 :
Total Pages : 560 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The Law and Procedure of International Tribunals by : Jackson Harvey Ralston

Download or read book The Law and Procedure of International Tribunals written by Jackson Harvey Ralston and published by . This book was released on 1926 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt:

An Introduction to International Arbitration

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1316352641
Total Pages : 397 pages
Book Rating : 4.3/5 (163 download)

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Book Synopsis An Introduction to International Arbitration by : Ilias Bantekas

Download or read book An Introduction to International Arbitration written by Ilias Bantekas and published by Cambridge University Press. This book was released on 2015-08-10 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: This concise yet comprehensive textbook introduces the reader to the law and practice of international arbitration. Arbitration is a complex field due to the variety of disciplines involved and necessitates an approach that takes nothing for granted. Written by a renowned scholar and practitioner, this book explains the divergent issues of civil procedure, contracts, conflict of laws, international law amongst others in an accessible manner. Focusing mainly on international commercial arbitration, the book also features a distinct chapter on consumer and online arbitration and an equally comprehensive chapter on international investment arbitration.

Proceedings of the Tribunal of Arbitration

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Author :
Publisher : Wentworth Press
ISBN 13 : 9781010399605
Total Pages : 366 pages
Book Rating : 4.3/5 (996 download)

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Book Synopsis Proceedings of the Tribunal of Arbitration by : Govermant Printing Office

Download or read book Proceedings of the Tribunal of Arbitration written by Govermant Printing Office and published by Wentworth Press. This book was released on 2019-03-16 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Jurisdiction, Admissibility and Choice of Law in International Arbitration: Liber Amicorum Michael Pryles

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041186387
Total Pages : 442 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Jurisdiction, Admissibility and Choice of Law in International Arbitration: Liber Amicorum Michael Pryles by : Neil Kaplan

Download or read book Jurisdiction, Admissibility and Choice of Law in International Arbitration: Liber Amicorum Michael Pryles written by Neil Kaplan and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: The distinguished international lawyer Michael Pryles, who launched a meteoric career as an arbitrator after many years of teaching and writing on conflicts of law and other topics, has made a mark on arbitral law and practice that is recognized worldwide. In this book, over forty prominent arbitrators and arbitration scholars offer insightful essays on the thorny matters of jurisdiction, admissibility and choice of law in arbitration – topics which have long interested Professor Pryles and are of wide interest. Among the specific issues and topics examined are the following: • res judicata; • investment arbitration; • free trade agreements; • party autonomy; • application of provisional measures; • issue estoppel; • evidentiary inferences; • interim measures; • emergency and default proceedings; • the intersection of financing and jurisdiction; • consolidation of cases; and • non-contractual claims. Remarkable for its roster of highly distinguished contributors, this book is the only in-depth treatment of its subject. By turns thought-provoking and practical, it is bound to appeal to and be put to use by arbitrators and other lawyers who handle international cases. It will also prove of great value to global law firms and companies doing transnational business.

Protocol of the Proceedings of the Tribunal of Arbitration ...

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Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (453 download)

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Book Synopsis Protocol of the Proceedings of the Tribunal of Arbitration ... by : Geneva Arbitration Tribunal

Download or read book Protocol of the Proceedings of the Tribunal of Arbitration ... written by Geneva Arbitration Tribunal and published by . This book was released on 1872 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Fur Seal Arbitration

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Author :
Publisher :
ISBN 13 :
Total Pages : 358 pages
Book Rating : 4.X/5 (3 download)

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Book Synopsis Fur Seal Arbitration by : Bering Sea Tribunal of Arbitration

Download or read book Fur Seal Arbitration written by Bering Sea Tribunal of Arbitration and published by . This book was released on 1895 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Fur Seal Arbitration

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Publisher :
ISBN 13 :
Total Pages : 246 pages
Book Rating : 4.3/5 (5 download)

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Book Synopsis Fur Seal Arbitration by : Bering Sea Tribunal of Arbitration

Download or read book Fur Seal Arbitration written by Bering Sea Tribunal of Arbitration and published by . This book was released on 1895 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Proceedings of the Tribunal

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Publisher :
ISBN 13 :
Total Pages : 454 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis Proceedings of the Tribunal by : Paris. Tribunal of Arbitration (Fur Seal Fisheries).

Download or read book Proceedings of the Tribunal written by Paris. Tribunal of Arbitration (Fur Seal Fisheries). and published by . This book was released on 1895 with total page 454 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Copy of the Protocol of the Proceedings of the Tribunal of Arbitration [at the Thirty-second Conference Held at Geneva, on the 14 Sept., 1872, With] a Copy of the Decisions and Award of the Arbitrators

Download Copy of the Protocol of the Proceedings of the Tribunal of Arbitration [at the Thirty-second Conference Held at Geneva, on the 14 Sept., 1872, With] a Copy of the Decisions and Award of the Arbitrators PDF Online Free

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Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (814 download)

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Book Synopsis Copy of the Protocol of the Proceedings of the Tribunal of Arbitration [at the Thirty-second Conference Held at Geneva, on the 14 Sept., 1872, With] a Copy of the Decisions and Award of the Arbitrators by : Geneva Arbitration Tribunal

Download or read book Copy of the Protocol of the Proceedings of the Tribunal of Arbitration [at the Thirty-second Conference Held at Geneva, on the 14 Sept., 1872, With] a Copy of the Decisions and Award of the Arbitrators written by Geneva Arbitration Tribunal and published by . This book was released on 1872 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Fur Seal Arbitration

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Author :
Publisher :
ISBN 13 :
Total Pages : 446 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Fur Seal Arbitration by : Bering Sea Tribunal of Arbitration

Download or read book Fur Seal Arbitration written by Bering Sea Tribunal of Arbitration and published by . This book was released on 1895 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The DIS Arbitration Rules

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041190236
Total Pages : 921 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The DIS Arbitration Rules by : Gustav Flecke-Giammarco

Download or read book The DIS Arbitration Rules written by Gustav Flecke-Giammarco and published by Kluwer Law International B.V.. This book was released on 2020-03-20 with total page 921 pages. Available in PDF, EPUB and Kindle. Book excerpt: The new arbitration rules of the German Arbitration Institute (Rules) entered into force on 1 March 2018. Drafted over an intense period of eighteen months by a committee of globally recognized experts with the active participation of nearly 300 arbitration practitioners, the Rules stand poised to attract parties seeking dispute resolution not only in Germany but also internationally. This extraordinary book, written by the drafters themselves, with more than 550 pages of comprehensive article-by-article commentary, is filled with practical insights and recommendations regarding the application of the Rules. Each provision of the new Rules is given its own chapter, in which the following issues and topics are examined in depth for the specific rule under analysis: use of the provision in practice; modifications from the corresponding provision in the 1998 Rules; relationship to the relevant sections of the German Code of Civil Procedure; comparison with relevant regulations and practices in German State court proceedings; detailed expert commentary, including analysis of case law and legal scholarship; DIS practice concerning the application of the provision; and comparison with similar provisions in other arbitration rules. An annex contains an extensive collection of reference materials, including forms, schedule of costs and texts of various international arbitration documents. The authors and editors have vast experience as counsel and arbitrators in proceedings conducted under the auspices of the DIS and other arbitral institutions. Their intimate familiarity with all aspects of DIS case administration is of immeasurable value to all stakeholders in arbitral proceedings. A genuine user’s guide, the book explains how the new Rules are likely to be applied in practice by the arbitral institution, arbitrators and parties. Its practical tips regarding the effective conduct of DIS arbitrations elucidate best practices for counsel and arbitrators and make DIS’ day-to-day case management and decision-making processes more transparent and predictable for users of all levels of experience and expertise.

Fur Seal Arbitration

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Author :
Publisher :
ISBN 13 :
Total Pages : 340 pages
Book Rating : 4.:/5 (334 download)

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Book Synopsis Fur Seal Arbitration by :

Download or read book Fur Seal Arbitration written by and published by . This book was released on 1895 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Papers Relating to the Proceedings of the Tribunal of Arbitration

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Publisher :
ISBN 13 :
Total Pages : 105 pages
Book Rating : 4.:/5 (811 download)

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Book Synopsis Papers Relating to the Proceedings of the Tribunal of Arbitration by :

Download or read book Papers Relating to the Proceedings of the Tribunal of Arbitration written by and published by . This book was released on with total page 105 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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 |