Provisional And Emergency Measures In International Arbitration

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Provisional and Emergency Measures in International Arbitration

Author : Julien Fouret
Publisher : Edward Elgar Publishing
ISBN 13 : 9781802205480
Total Pages : 0 pages
Book Rating : 4.2/5 (54 download)

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Book Synopsis Provisional and Emergency Measures in International Arbitration by : Julien Fouret

Download or read book Provisional and Emergency Measures in International Arbitration written by Julien Fouret and published by Edward Elgar Publishing. This book was released on 2023-07-20 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The increase in the complexity and length of international arbitration procedures has resulted in a growing demand for both provisional and emergency measures to facilitate the preservation of the parties' rights until a final award is rendered. In Provisional and Emergency Measures in International Arbitration, Julien Fouret has brought together many of the leading international arbitration practitioners to examine this highly topical subject. It considers complex issues surrounding the powers of arbitrators to grant provisional relief, categories and examples of such measures, procedural and substantive requirements for ordering an interim measure, the burden and standard of proof as well as issues of enforceability. Each chapter offers a thorough analysis both in commercial and investment arbitration. This important new publication will be beneficial to legal practitioners, academics a as well as arbitrators who want to gain a deeper understanding of both the principles and specific rules on provisional and emergency remedies established under the major arbitral rules and tribunals.

Interim and Emergency Relief in International Arbitration - International Law Institute Series on International Law, Arbitration and Practice

Download Interim and Emergency Relief in International Arbitration - International Law Institute Series on International Law, Arbitration and Practice PDF Online Free

Author : Diora Ziyaeva
Publisher : Juris Publishing, Inc.
ISBN 13 : 1937518701
Total Pages : 389 pages
Book Rating : 4.9/5 (375 download)

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Book Synopsis Interim and Emergency Relief in International Arbitration - International Law Institute Series on International Law, Arbitration and Practice by : Diora Ziyaeva

Download or read book Interim and Emergency Relief in International Arbitration - International Law Institute Series on International Law, Arbitration and Practice written by Diora Ziyaeva and published by Juris Publishing, Inc.. This book was released on 2015-05-01 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: Interim and Emergency Relief In International Arbitration is a compilation of papers authored by some of the world’s leading international arbitration practitioners. It addresses issues relating to obtaining interim measure orders, including the relevant applicable standards such as irreparable harm that various international courts and tribunals, under the ICSID, UNCITRAL, ICC, SCC, and some domestic law jurisdictions often apply. It also touches upon theoretical and practical issues involving compliance with and enforcement of interim measures in international arbitration. These issues naturally are raised in the context of an ongoing discourse where tribunals have different, at times imperfect tactics for encouraging compliance with their interim measures including drawing adverse inferences, issuing diplomatic statements against a sovereign stopping just short of ordering interim measures, splitting the sum of security for costs and allowing for reimbursement, and levying heavier damages against the non-complying party without changing the substantive aspects of the award. This book explores these methods and identifies the latest trends in this exciting area of international law. Interim and Emergency Relief In International Arbitration is intended for arbitrators, practicing attorneys, representatives of international arbitral institutions and academics, all of whom will find this book very useful. The compilation of papers and presentations in the book cover a number of jurisdictions including East Asia, the Middle East, Europe and North America.

Interim Measures in International Arbitration

Author : Lawrence W. Newma
Publisher : Juris Publishing, Inc.
ISBN 13 : 193751840X
Total Pages : 956 pages
Book Rating : 4.9/5 (375 download)

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Book Synopsis Interim Measures in International Arbitration by : Lawrence W. Newma

Download or read book Interim Measures in International Arbitration written by Lawrence W. Newma and published by Juris Publishing, Inc.. This book was released on 2014-06-01 with total page 956 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first edition of Interim Measures in International Arbitration edited by Lawrence Newman and Dr. Colin Ong, is most auspicious in its timing. The editors have compiled a shrewd and very practical questionnaire and they have gathered together a formidable group of some of the most reputed and talented practising arbitration lawyers, academics and arbitrators from 43 leading jurisdictions to inform the reader about the essential elements of the different interim measures which are available as part of the arbitral process in a very large number of different national jurisdictions. This book, thus, combines the best elements of a focused legal textbook with the essential practicalities of a practitioners' procedural handbook. This should be a standard travelling-companion of international arbitrators and counsel as well as many international lawyers--not just those who are arbitration specialists.

Conservatory and Provisional Measures in International Arbitration

Author : International Chamber of Commerce. Court of Arbitration
Publisher :
ISBN 13 :
Total Pages : 134 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis Conservatory and Provisional Measures in International Arbitration by : International Chamber of Commerce. Court of Arbitration

Download or read book Conservatory and Provisional Measures in International Arbitration written by International Chamber of Commerce. Court of Arbitration and published by . This book was released on 1993 with total page 134 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Provisional Measures Issued by International Courts and Tribunals

Author : Fulvio Maria Palombino
Publisher : Springer Nature
ISBN 13 : 9462654115
Total Pages : 365 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis Provisional Measures Issued by International Courts and Tribunals by : Fulvio Maria Palombino

Download or read book Provisional Measures Issued by International Courts and Tribunals written by Fulvio Maria Palombino and published by Springer Nature. This book was released on 2020-12-02 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book makes a significant contribution to the comprehension of the law and practice of provisional measures issued by international courts and tribunals, including international commercial arbitration. After having analyzed the common features of provisional measures, it provides an overview of the peculiarities of these orders within the context of different international proceedings (e.g. the ICJ, the ITLOS, the CJEU, the ICC, human rights courts and investment arbitration). In this regard, the book is valuable in offering a broad and rigorous comparative analysis between the various forms of provisional measures. Owing to its original cross-cutting and case-driven approach, the book will be an essential tool for both scholars and practitioners dealing with the law of provisional measures in international adjudication. Indeed, this book will be an important novelty in international law libraries due to the broad range of regimes scrutinized and to a detailedanalysis of the general trends within the contemporary law of provisional measures. Fulvio Maria Palombino is Professor of International Law in the Department of Law at the University of Naples Federico II, Naples, Italy. Roberto Virzo is Associate Professor of International Law in the Department of Law, Economics, Management and Quantitative Methods (DEMM) at the University of Sannio, Benevento, Italy. Giovanni Zarra is Adjunct Professor of International Law in the Department of Law at the University of Naples Federico II, Naples, Italy.

Interim Measures in International Commercial Arbitration

Author : Association for International Arbitration
Publisher : Maklu
ISBN 13 : 9789046601440
Total Pages : 136 pages
Book Rating : 4.6/5 (14 download)

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Book Synopsis Interim Measures in International Commercial Arbitration by : Association for International Arbitration

Download or read book Interim Measures in International Commercial Arbitration written by Association for International Arbitration and published by Maklu. This book was released on 2007 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Association for International Arbitration (AIA) was founded in order to promote Arbitration and increase the level of knowledge about Alternative Dispute Resolutions.This book is the result of a conference held in October 2007.The contributions are written by international experts and based on analytical insights and research of new tendencies that provide in-depth information.The theme is a vital issue for arbitration services users and practitioners and also an interesting topic for scholars and students.

Provisional and Emergency Measures in International Arbitration

Author : Julien Fouret
Publisher : Edward Elgar Publishing
ISBN 13 : 1802205497
Total Pages : 563 pages
Book Rating : 4.8/5 (22 download)

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Book Synopsis Provisional and Emergency Measures in International Arbitration by : Julien Fouret

Pervasive Problems in International Arbitration

Author : Loukas A. Mistelis
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041124500
Total Pages : 418 pages
Book Rating : 4.0/5 (411 download)

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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.

The Notion of Award in International Commercial Arbitration

Author : Giacomo Marchisio
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041183922
Total Pages : 242 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The Notion of Award in International Commercial Arbitration by : Giacomo Marchisio

Download or read book The Notion of Award in International Commercial Arbitration written by Giacomo Marchisio and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: International commercial arbitration relies extensively on the possibility of enforcing arbitral decisions against recalcitrant parties. Because courts and arbitration laws across the world take contrasting approaches to the definition of awards, such enforcement can be problematic, especially in the context of awards by consent, and the recent development known as ‘emergency arbitration’. In this timely and ground-breaking book, a young arbitration scholar takes us through the difficulties of defining the notion of arbitral award with a rare combination of theoretical awareness and attention to the procedural requirements of arbitral practice. In a framework using a comparative analysis of common law and civil law jurisdictions (specifically, England and France) and how each has regulated in different ways the equilibria between state justice and arbitral justice – and comparing each with the UNCITRAL Model Law – the book addresses such issues as the following: - the ‘judicialization’ of arbitration; - different models of arbitral adjudication and their impact on the notion of award; - what an award needs to contain to be enforceable; - awards on competence; - awards by consent; and - awards ante causam. The author employs a methodology that views arbitration as providing an institution for administering justice rather than as a purely contractual creature. To this end, rules of arbitral institutions (particularly the International Chamber of Commerce) are examined closely for their implications on what an award means. As a fresh look at the arbitral award by placing it in a broader context than is usually found, this book allows for a greater understanding of the functioning of international commercial arbitration. It is sure to become an international reference, and as such will be welcomed by arbitrators, practitioners at global law firms, companies doing transnational business, interested academics, and international arbitration centres in emerging markets.

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

Author : Neil Kaplan
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.

10 Years of Swiss Rules of International Arbitration - ASA Special Series No. 44

Author : Nathalie Voser
Publisher : Juris Publishing, Inc.
ISBN 13 : 1937518493
Total Pages : 331 pages
Book Rating : 4.9/5 (375 download)

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Book Synopsis 10 Years of Swiss Rules of International Arbitration - ASA Special Series No. 44 by : Nathalie Voser

Download or read book 10 Years of Swiss Rules of International Arbitration - ASA Special Series No. 44 written by Nathalie Voser and published by Juris Publishing, Inc.. This book was released on 2014-10-01 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: On the occasion of the 10th anniversary of the Swiss Rules of International Arbitration, the ASA decided to devote its annual conference in January 2014 to this topic. This volume of the ASA Special Series contains the written versions of all the presentations given during this conference. Most of the contributions were based on the verbatim protocol which was prepared on the conference day and thus retain their informal speaking style. In their 10 years of existence, the Swiss Rules have established themselves as modern arbitration rules, offering a user efficient and transparent arbitral proceedings. Probably the most distinguishing feature of the Swiss Rules with regard to the administration of the cases is their "light touch" as applied by the Swiss Chambers' Arbitration Institution, reserving however a supervisory function for its Court. This volume is structured along the panels of the conference. The first panel addressed the history and the background of the Rules as well as their main characteristics. The second and the third panels explore the key features of the revised Swiss Rules, namely the consolidation and joinder provisions, the set-off and counter-claim provisions, the expedited procedure, provisional measures and the emergency arbitrator as well as provisions on confidentiality and settlement facilitation. While the fourth panel provided the insiders’ view into how the Institution administers its cases, the fifth and last panel discussed the perspectives of the users, the arbitrators and counsel as well as their experiences with the Swiss Rules.

Interim Measures in Cross-Border Civil and Commercial Disputes

Author : Deyan Draguiev
Publisher : Springer Nature
ISBN 13 : 3031287045
Total Pages : 166 pages
Book Rating : 4.0/5 (312 download)

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Book Synopsis Interim Measures in Cross-Border Civil and Commercial Disputes by : Deyan Draguiev

Download or read book Interim Measures in Cross-Border Civil and Commercial Disputes written by Deyan Draguiev and published by Springer Nature. This book was released on 2023-05-27 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book focusses on applying a holistic overview of interim measures and associated procedures in the context of cross-border private law (civil and commercial) disputes that are the subject of international litigation and arbitration proceedings. It reexamines key features of said problem and outlines novel findings on interim relief in the area of international dispute resolution. The book analyses the rules of EU law (EU law regulations such as the Regulation Brussels Ibis and the rest of the Brussels regime) as the single system of cross-border jurisdictional rules, as well as the rules of international arbitration (both commercial and investment). In the process, it conducts a complete mapping of interim measures problems and explores the criteria for granting relief under national laws. For this purpose, it includes an extensive comparative law overview of many jurisdictions in Europe, Asia, Africa, the Americas, etc., to reveal common standards for granting interim relief. Interim relief is a salient problem in dispute resolution, and serious international disputes usually require requests for such measures. This makes a more complete understanding all the more important. For scholars and practitioners alike, there are various ways to seek relief; precisely this complexity calls for a more complex and multilayered analysis, which does not (as is usually the case) adopt the perspective of either litigation or arbitration, but instead weighs the pros and cons and considers the viability and reliability of the different options, viewed from all angles.

International Arbitration in the United States

Author : Laurence Shore
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041190813
Total Pages : 888 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 888 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.

Provisional Measures Before International Courts and Tribunals

Author : Cameron A. Miles
Publisher :
ISBN 13 : 9781316777787
Total Pages : 517 pages
Book Rating : 4.7/5 (777 download)

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Book Synopsis Provisional Measures Before International Courts and Tribunals by : Cameron A. Miles

Download or read book Provisional Measures Before International Courts and Tribunals written by Cameron A. Miles and published by . This book was released on 2017 with total page 517 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Since the decision of the International Court of Justice in LaGrand (Germany v. United States of America), the law of provisional measures has expanded dramatically both in terms of the volume of relevant decisions and the complexity of their reasoning. Provisional Measures before International Courts and Tribunals seeks to describe and evaluate this expansion, and furthermore to undertake a comparative analysis of provisional measures jurisprudence in a range of significant international courts and tribunals and ad-hoc interstate arbitration tribunals. The result is the first comprehensive examination of the law of provisional measures in ten years, and the first to compare investor-state arbitration jurisprudence with more traditional interstate courts and tribunals"--

Deference in International Commercial Arbitration

Author : Franco Ferrari
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403503173
Total Pages : 560 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Deference in International Commercial Arbitration by : Franco Ferrari

Download or read book Deference in International Commercial Arbitration written by Franco Ferrari and published by Kluwer Law International B.V.. This book was released on 2023-05-12 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: In international arbitration, deference entails that one decision-maker does not make an autonomous assessment but limits its decision-making power out of respect for the decision or authority of another actor. For example, a court exercising post-award review might refrain from reviewing a question of procedure de novo but instead defer to a prior determination made by the arbitral tribunal. In this book, prominent arbitration practitioners and academics offer the first systematic analysis of such deference in international arbitration. With abundant reference to case law from major arbitration hubs, the analysis is organized around the three relationships in which questions of deference arise: public-private relationships in which a State actor (e.g., a court) must decide whether it should pay deference to determinations made by a private actor (e.g., a tribunal or an arbitral institution); public-public relationships in which a State actor (e.g., a court at the place of recognition and enforcement) must decide whether it should pay deference to another State actor (e.g., a court at the seat); and private-private relationships in which a private actor (e.g., an arbitral tribunal) must decide whether it should pay deference to another private actor (e.g., another arbitral tribunal or an arbitral institution). The book makes an important contribution to tracing the boundaries of the multiple layers of control over arbitration proceedings. It takes a giant step towards establishing the right equilibrium between the different layers of authority and thus meeting a pivotal challenge for the viability of arbitration as a form of dispute resolution.

Contemporary Issues in International Arbitration and Mediation: The Fordham Papers (2012)

Author : Arthur W. Rovine
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 900426020X
Total Pages : 418 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Contemporary Issues in International Arbitration and Mediation: The Fordham Papers (2012) by : Arthur W. Rovine

Download or read book Contemporary Issues in International Arbitration and Mediation: The Fordham Papers (2012) written by Arthur W. Rovine and published by Martinus Nijhoff Publishers. This book was released on 2013-10-02 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2012 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 2012 Fordham Law School Conference on International Arbitration and Mediation, held in London. The 22 papers are organized into the following five parts: Keynote Presentation by Charles N. Brower, Michael Pulos and Charles B. Rosenberg Part I: Investor-State Arbitration by Christoph Schreuer, Philippe Sands, Sam Wordsworth, Barton Legum, Gauthier Vannieuwenhuyse, Jarrod Wong, Donald Francis Donovan Part II: Arbitration of International Financial Disputes by Kenneth M. Kramer, Mark Kantor, Edna Sussman, Jennifer L. Gorskie Part III: Arbitration of International Construction Disputes by C. Mark Baker, Lucy Greenwood, Louis B. Kimmelman, Suyash Paliwal, C. Ryan Reetz, John W. Hinchey, Barbara Helene Steindl Part IV: Arbitration in Asia by Jessica Fei, Damien McDonald, Remington Huang, Michael Pryles, Lawrence Boo Part V: Mediation by Chris Newmark, Donna Ross, Nancy M. Thevenin

International Arbitration and the COVID-19 Revolution

Author : Maxi Scherer
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403528435
Total Pages : 314 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis International Arbitration and the COVID-19 Revolution by : Maxi Scherer

Download or read book International Arbitration and the COVID-19 Revolution written by Maxi Scherer and published by Kluwer Law International B.V.. This book was released on 2020-11-17 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Arbitration and the COVID-19 Revolution Edited by Maxi Scherer, Niuscha Bassiri & Mohamed S. Abdel Wahab The impact of the COVID-19 pandemic on all major economic sectors and industries has triggered profound and systemic changes in international arbitration. Moreover, the fact that entire proceedings are now being conducted remotely constitutes so significant a deviation from the norm as to warrant the designation ‘revolution’. This timely book is the first to describe and analyse how the COVID-19 crisis has redefined arbitral practice, with critical appraisal from well-known practitioners of the pandemic’s effects on substantive and procedural aspects from the commencement of proceedings until the enforcement of the award. With practical guidance from a variety of perspectives – legal, practical, and sector-specific – on the conduct of international arbitration during the COVID-19 pandemic and beyond, the chapters present leading practitioners’ insights into the unprecedented and multifaceted issues that arise. They provide expert tips and challenges in such practical matters as the following: preventing and resolving disputes of particular types – construction, energy, aviation, technology, media and telecommunication, finance and insurance; arbitrator appointments; issues of planning, preparation and sample procedural orders; witness preparation and cross-examination; e-signature of arbitral awards; setting aside and enforcement proceedings; and third-party funding. Also included are an empirical survey of users’ views and an overview of how the COVID-19 revolution has affected the arbitration rules of leading arbitral seats. With this timely and practical book, arbitration practitioners and scholars will gain up-to-date knowledge of sector-specific challenges brought about by the COVID-19 pandemic and approach arbitration proceedings with an understanding of the most important legal and practical considerations during the crisis and beyond.