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Rethinking International Commercial Arbitration
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Book Synopsis Rethinking International Commercial Arbitration by : Gilles Cuniberti
Download or read book Rethinking International Commercial Arbitration written by Gilles Cuniberti and published by Edward Elgar Publishing. This book was released on 2017-05-26 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration is the normal and preferred mode for resolving international commercial disputes. It presents an essential advantage over national courts by offering neutrality of adjudication, but is currently only available where both parties have consented to it. This innovative book proposes a fundamental rethink of this assumption and argues that arbitration should become the default mode of resolution in international commercial disputes.
Book Synopsis International Commercial Courts by : Stavros Brekoulakis
Download or read book International Commercial Courts written by Stavros Brekoulakis and published by Cambridge University Press. This book was released on 2022-04-21 with total page 591 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book presents international commercial courts from a comparative perspective and highlights their role in transnational adjudication.
Book Synopsis Rethinking the Law of Contract Damages by : Victor P. Goldberg
Download or read book Rethinking the Law of Contract Damages written by Victor P. Goldberg and published by Edward Elgar Publishing. This book was released on 2019-12-27 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this series of chapters on contract damages issues, Victor P. Goldberg provides a framework for analyzing the problems that arise when determining damages, and applies it to case law in both the USA and the UK.
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.
Book Synopsis Finances in International Arbitration by : Sherlin Tung
Download or read book Finances in International Arbitration written by Sherlin Tung and published by . This book was released on 2019-11-26 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: Finances in International Arbitration' focuses on various aspects of finances of arbitration, such as evaluating the costs of disputes, arbitral institution costs, financing of disputes, recovery of costs of arbitration and other related financial matters. Costs of arbitration have always been a main concern in international arbitration. It is a topic most often discussed and analysed. In spite of the recent developments in third-party funding regulations as well as other mechanisms made available to users of arbitration to reduce costs, the topic remains a key focus for users of arbitration. This book celebrates the career of Patricia Shaughnessy, in particular, for the establishment of the top-ranked Masters of Law (?LLM?) programme in International Commercial Arbitration at Stockholm University. Over twenty-five renowned practitioners and academics worldwide, who have been influenced by Patricia Shaughnessy, explore this much-debated topic on the occasion of her 65th birthday.
Book Synopsis Rethinking the New York Convention by : Wei Shen
Download or read book Rethinking the New York Convention written by Wei Shen and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The New York Convention is regarded as one of the most successful treaties in the past fifty-five years in the field of transnational business law, more specifically, international commercial arbitration. Its simplicity and brevity in wording but complexity and diversity in application have triggered endless discussions, debates and writings. Rethinking the New York Convention û A Law and Economics Approach for the first time offers a unique jurisprudence-oriented analysis by applying two major analytic approaches, namely, Darwinian legal theory and game theory.
Book Synopsis Rethinking US Election Law by : Steven Mulroy
Download or read book Rethinking US Election Law written by Steven Mulroy and published by Edward Elgar Publishing. This book was released on with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent U.S. elections have defied nationwide majority preference at the White House, Senate, and House levels. This work of interdisciplinary scholarship explains how “winner-take-all” and single-member district elections make this happen, and what can be done to repair the system. Proposed reforms include the National Popular Vote interstate compact (presidential elections); eliminating the Senate filibuster; and proportional representation using Ranked Choice Voting for House, state, and local elections.
Book Synopsis The Constitution of Arbitration by : Victor Ferreres Comella
Download or read book The Constitution of Arbitration written by Victor Ferreres Comella and published by Cambridge University Press. This book was released on 2021-03-11 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first systematic study of the most important types of arbitration - and their limits - from a constitutional perspective.
Book Synopsis Rethinking Investor-State Arbitration by : Flavia Marisi
Download or read book Rethinking Investor-State Arbitration written by Flavia Marisi and published by Springer Nature. This book was released on 2023-10-18 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: A significant increase in investor-State arbitration cases has been observed since the 2000s. The trust placed by investors and States in this method of dispute resolution stems from several strengths. In addition to its neutrality, one of the primary reasons for its widespread use is its adaptability, enabling it to address specific challenges that have emerged in recent decades. The following elements highlight this adaptability: the arbitration procedure can be customised to meet the specific needs of the disputing parties and stakeholders involved. It effectively responds to evolving cultural norms and ethical considerations, such as diversity, gender representation, corporate social responsibility, environmental issues, and human rights. Moreover, it can adapt to global health crises by facilitating online hearings. Finally, during times of international armed conflict, economic exchanges, trade, investment, and investor-State dispute settlement foster economic integration and interdependence, contributing to maintaining commercial peace and supporting international peace and security. However, investor-State arbitration has sparked vigorous debates, with many advocating for reform in three crucial aspects: transparency, legitimacy, and consistency. Multilateral negotiations are currently underway on various fronts, including the negotiation of more sustainable investment treaties, amendments to institutional arbitral rules, the design of a multilateral investment court, and the development of enhanced policy frameworks. This book delves into the history of investor-State dispute resolution to provide readers with an understanding of how its main features have evolved over time. It examines the most intensely debated procedural issues, analyses their multifaceted characteristics, reviews the complex relationship between investor-State arbitration and the European Union, and explores potential options for addressing stakeholder concerns.
Book Synopsis International Commercial Arbitration by : Giuditta Cordero-Moss
Download or read book International Commercial Arbitration written by Giuditta Cordero-Moss and published by Cambridge University Press. This book was released on 2013-03-14 with total page 453 pages. Available in PDF, EPUB and Kindle. Book excerpt: Highlights specific features of various international commercial arbitration forms, thus enabling lawyers drafting arbitration clauses to make informed choices.
Book Synopsis Ethics in International Arbitration by : Catherine A. Rogers
Download or read book Ethics in International Arbitration written by Catherine A. Rogers and published by Oxford University Press, USA. This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: International arbitration is a remarkably resilient institution, but many unresolved and largely unacknowledged ethical quandaries lurk below the surface. Globalization of commercial trade has increased the number and diversity of parties, counsel, experts and arbitrators, which has in turn lead to more frequent ethical conflicts just as procedures have become more formal and transparent. The predictable result is that ethical transgressions are increasingly evident and less tolerable. Despite these developments, regulation of various actors in the system arbitrators, lawyers, experts, third-party funders and arbitral institutions remains ambiguous and often ineffectual. Ethics in International Arbitration systematically analyses the causes and effects of these developments as they relate to the professional conduct of arbitrators, counsel, experts, and third-party funders in international commercial and investment arbitration. This work proposes a model for effective ethical self-regulation, meaning regulation of professional conduct at an international level and within existing arbitral procedures and structures. The work draws on historical developments and current trends to propose analytical frameworks for addressing existing problems and reifying the legitimacy of international arbitration into the future.
Book Synopsis Rethinking the Role of African National Courts in Arbitration by : Emilia Onyema
Download or read book Rethinking the Role of African National Courts in Arbitration written by Emilia Onyema and published by Kluwer Law International B.V.. This book was released on 2018-06-07 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the increase in commercial transactions within the fifty-four independent African states and at the international level, it has become apparent that most of the legal framework for arbitration across the continent require reform. Accordingly, in recent years, as this first in-depth treatment of arbitration in Africa shows, jurisprudence from national courts of various African jurisdictions demonstrates that the courts are becoming more pro-arbitration and judges increasingly better understand that their role is to support or complement the arbitral process. This book documents the second SOAS Arbitration in Africa conference held in Lagos in June 2016. In thirteen lucid chapters, African practitioners and academics and European specialists in African legal and arbitral systems provide a remarkably thorough overview of the relation of courts and arbitration in the continent. Among the matters that arise for discussion are the: • disposition of courts in Africa towards arbitration, whether supportive or interventionist; • involvement of courts in the arbitral process before, during, and after an award has been rendered; • publication and access to arbitration-related decisions from African courts; • enforcement of annulled awards in African states under the New York Convention; • prospects for the establishment of a pan-African investment court; and • how foreign courts (particularly in the United States, France, and Switzerland) perceive African arbitration. Because of the wide range of developmental stages among Africa’s numerous court and legal systems, Part I of the book explores generic issues relevant to courts and arbitration, followed by detailed descriptions, including court decisions, of the situation in eight specific jurisdictions – Egypt, South Africa, Sudan, Mauritius, Nigeria, Ghana, Rwanda, and Kenya. The authors of these latter chapters are legal practitioners and academics from each of these countries. Throughout this book, policy recommendations for improving access to court decisions and laws in African states are brought to the fore. In its expertise-based advocacy for a mutually harmonious and supportive co-existence for arbitration and litigation in the context of the complexities and peculiarities of African states – and its confrontation of the predominantly negative perception that often leads to ‘arbitration flight’ from the continent – this book helps companies, investors, and their advisors to base their decisions on facts and not perceptions. It will be of great value to practising lawyers in arbitration as counsel or arbitrators, companies doing transnational business, global law firms, government officials, and academics in the field.
Book Synopsis International Arbitration: Law and Practice in Switzerland by : Gabrielle Kaufmann-Kohler
Download or read book International Arbitration: Law and Practice in Switzerland written by Gabrielle Kaufmann-Kohler and published by Oxford University Press. This book was released on 2015 with total page 691 pages. Available in PDF, EPUB and Kindle. Book excerpt: This third edition, and the first in English, of the globally-cited Arbitrage International-Droit et Pratique à la Lumière de la LDIP, provides complete guidance on arbitration law and practice relating to Switzerland from two of the leading authorities on Swiss practice.
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 2024-02-01 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book not only deals with the broad application of international treaties, guidelines, laws and rules affecting international commercial arbitration, but also includes information about the most recent developments in the field. Readers learn how arbitration works, from the request to arbitrate, the selection of arbitrators, the procedures leading up to the hearing, the witnesses and evidence at the hearing, to the granting of the final award. Along the way, many strategies and tactics come into play, as an arbitration moves toward the goal of resolving the dispute. The reader learns to appreciate the application of different laws and ethical concepts that may vary by jurisdiction, including the ethical obligations of arbitrators and of counsel. Throughout, the principles of international arbitration are supported by the practice, providing a very concrete approach to the resolution of international disputes by arbitration.
Book Synopsis Rethinking Participation in Global Governance by : Joost Pauwelyn
Download or read book Rethinking Participation in Global Governance written by Joost Pauwelyn and published by Oxford University Press. This book was released on 2022-05-05 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: International organizations and other global governance bodies often make rules and decisions without input from many of the individuals, groups, firms, and governments that are affected by them. The standards of the Basel Committee on Banking Supervision, for instance, developed by a small number of states, govern financial markets and the safety of bank deposits in over a hundred jurisdictions. Historically, the interests of developing countries, as well as non-commercial and diffuse interests within countries, have been excluded or disregarded in global governance. Scholars and practitioners have criticised this democratic deficit and called for greater participation of such marginalized stakeholders. Against this background, international institutions have introduced a variety of reforms with the goal of increasing and facilitating the participation of these excluded stakeholders. This book brings together an expert group of scholars and practitioners to investigate the consequences of stakeholder participation reforms in the global governance of health and finance: What reforms have been introduced? Have these reforms given previously marginalized stakeholders a voice in global governance bodies? What effect have these reforms had on the legitimacy and effectiveness of global governance? To answer these questions, the book examines treaty-based intergovernmental organizations alongside newer forms of global governance such as trans-governmental regulatory networks, multi-stakeholder partnerships, and private standard setting bodies. Through a series of paired comparative analyses, the book provides insights into the experiences of large emerging and smaller or lower income developing countries (Brazil v. Argentina, China v. Vietnam, India v. the Philippines) in a diverse set of organizations, including the World Bank and the World Health Organization, the Basel Committee on Banking Supervision, the Global Fund to Fight AIDS, Tuberculosis and Malaria, the International Accounting Standards Board, Codex Alimentarius Commission and more.
Book Synopsis Consent in International Arbitration by : Andrea M. Steingruber
Download or read book Consent in International Arbitration written by Andrea M. Steingruber and published by OUP Oxford. This book was released on 2012-03-15 with total page 727 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the notion, nature, and extent of consent in both commercial arbitration and investment arbitration, this book provides practitioners and academics with a thorough, case-related analysis of an issue which raises many questions. Whilst considering the evolution of arbitration and its consensual nature - enlargement of the parties' freedom to consent to arbitration, and development from commercial arbitration to investment arbitration - it addresses important theoretical questions to offer practical solutions. These include: how consent to arbitrate is expressed and when mutual consent to arbitration is reached; which law shall govern the arbitration agreement or, more particularly, consent as an element of the substantive validity of it; and, conversely, according to which law will a possible lack of consent be judged; how consent should be interpreted; which relationship exists between consent as part of the substantive validity of an arbitration agreement and its formal validity; which, if any, are the implied terms when consenting to arbitration; how consent to arbitrate influences procedural aspects (counterclaims, joinder, consolidation), and which solutions adopted by treaties, national laws or arbitration rules are, or would be, the most respectful of parties' consent in this respect; what in investment arbitration is the relationship between consent and most-favoured-nation clauses or the influence of umbrella clauses. The book includes original arguments and puts forward new suggestions with regard to the changeable consensual character of arbitration. It also provides a particular focus on problems that frequently arise in practice of international arbitration, for example issues related to complex multiparty arbitration and to jurisdictional questions in investment arbitration.
Book Synopsis Rethinking Judicial Jurisdiction in Private International Law by : Milana Karayanidi
Download or read book Rethinking Judicial Jurisdiction in Private International Law written by Milana Karayanidi and published by Bloomsbury Publishing. This book was released on 2020-02-20 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the theory and practice of judicial jurisdiction within the field of private international law. It offers a revised look at values justifying the power of courts to hear and decide cross-border disputes, and demonstrates that a re-conceptualisation of jurisdiction is needed. Rather than deriving from territorial power of states, jurisdiction in civil and commercial cross-border matters ought to be driven by party autonomy. This autonomy can be limited by certain considerations of equality and critical state sovereign interests. The book applies this normative view to the existing rules of jurisdiction in the European Union and the Russian Federation. These regimes are chosen due to their unique positions towards values in private international law and contrasting societal norms that generate and accommodate these values. Notwithstanding disparate cultural and political ideas, these regimes reveal a surprising level of consistency when it comes to enforcement of party autonomy. There is, nevertheless, room for improvement. The book demonstrates to scholars, policy makers and lawmakers that jurisdiction should be re-centred around the interests of private actors, and proposes ways to improve the current rules.
