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Set Off Defences In International Commercial Arbitration
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Book Synopsis Set-off Defences in International Commercial Arbitration by : Christiana Fountoulakis
Download or read book Set-off Defences in International Commercial Arbitration written by Christiana Fountoulakis and published by Bloomsbury Publishing. This book was released on 2010-12-22 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book deals with set-off in international arbitration proceedings. In these proceedings, set-off is frequently the tool relied upon to resist a claim. At the same time, the legal intricacies make it hard to use. The first part of the book provides a survey of set-off, including its definition, significance and functions. The second part offers a thorough comparative analysis of selected European laws of set-off and reveals the dramatic differences between them. The third and last part of the book deals with the problematic consequences of these differences and shows the limits and the inadequacy of the traditional choice-of-law doctrines. While demonstrating how to overcome the practical hurdles of the present situation, the third part also offers normative alternatives that should provide significant help in the adjudication of commercial disputes.
Book Synopsis Due Process in International Commercial Arbitration by : Matti Kurkela
Download or read book Due Process in International Commercial Arbitration written by Matti Kurkela and published by Oxford University Press, USA. This book was released on 2010 with total page 582 pages. Available in PDF, EPUB and Kindle. Book excerpt: Previous edition, 1st, published in 2005.
Book Synopsis A Guide to the UNCITRAL Arbitration Rules by : Clyde Croft
Download or read book A Guide to the UNCITRAL Arbitration Rules written by Clyde Croft and published by Cambridge University Press. This book was released on 2013-04-25 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: Observer delegates to the UNCITRAL Working Group charged with conducting revisions provide insights and commentary on the process and results.
Book Synopsis International Commercial Arbitration by : Mark Huleatt-James
Download or read book International Commercial Arbitration written by Mark Huleatt-James and published by . This book was released on 1996 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Book Synopsis Due Process in International Commercial Arbitration by : Matti S. Kurkela
Download or read book Due Process in International Commercial Arbitration written by Matti S. Kurkela and published by Oxford University Press. This book was released on 2010-04-14 with total page 582 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first publication to identify a universal procedural code for international commercial arbitration. This informative and well-argued discussion of a uniform code for due process is a useful aid for both practitioners and scholars. More than just a useful desk reference, this publication uncovers a unifying arbitration principle in light of the diversity of national traditions. The authors demonstrate how this unifying principle might establish a new standard procedure in arbitration law. Guiding the reader through a step-by-step analysis of due process in international commercial arbitration, the book is comprehensive without being esoteric. Due Process in International Commercial Arbitration, Second Edition thus helps both practitioners new to arbitration procedure and experienced attorneys looking for a cutting-edge discussion of due process issues. It can be used as a handbook for lawyers engaged in arbitral disputes. To provide the necessary guidance for lawyers in need of quick, reliable information, authors Matti Kurkela and Santtu Turunen update readers on the numerous changes made to arbitration law since the book's 2005 edition. Even more helpfully, Kurkela and Turunen have added two new chapters to show lawyers what to expect in the midst of an arbitration proceeding: a chapter on procedural rules from the New York Convention and a chapter on jurisdiction arising from sources outside the arbitration agreement. As corporations engage in more globalized commerce, and as arbitrators resolve more international legal disputes, this resource provides both the broad background and the quick reference information necessary to understand the complexities of arbitration procedure. A thorough Table of Contents, Index, and Appendix of primary documents facilitate practitioners' research in this vital book. This new edition's balance of comprehensiveness and concision make it a one-stop resource for arbitration attorneys around the world.
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.
Book Synopsis International Commercial Arbitration by : A. J. van den Berg
Download or read book International Commercial Arbitration written by A. J. van den Berg and published by Kluwer Law International B.V.. This book was released on 2003-01-01 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: The collected papers in ICCA Congress Series no. 11, as reflected in its title, address important contemporary questions in international commercial arbitration. Included are contributions written by participants in the UNCITRAL Working Group on Arbitration and Conciliation on its current work on the requirement of a written form for an arbitration agreement, interim measures of protection and UNCITRAL?s Model Law on International Commercial Conciliation. Further contributions give leading practitioners? views on illegality in the formation and performance of contracts or in the conduct of the arbitration, examining questions on how the arbitral tribunal should deal with these vexed issues and how forgery and fraud may be detected. The factors that lead to acceptance by parties of the decisions of arbitrators are dealt with in contributions on the psychological aspects of dispute resolution. The volume concludes with a series of articles on arbitration under investment treaties written by experienced arbitrators and practitioners, with special emphasis on ICSID and NAFTA and the emerging issues of transparency, accountability and review. Contains lengthy articles on the ongoing work of UNCITRAL on proposed amendments to the UNCITRAL Model Law on International Commercial Arbitration and the recently adopted Model Law on International Commercial Conciliation Details the current thinking on the requirement of an arbitration agreement in writing and how this can be accommodated by the UNCITRAL Model Law and the 1958 New York Convention Addresses the granting of interim measures by arbitral tribunals and their enforcement by national and foreign courts Analyzes issues raised by illegality in the formation and performance of contracts and in the conduct arbitrations and provides a systematic overview of the answers given by legislation, arbitrators and courts Provides insight into the attitudes of arbitrators and parties regarding dispute settlement processes Addresses the changing public perception of arbitration under investment treaties
Book Synopsis The fundamentals of international commercial arbitration by : Niek Peters
Download or read book The fundamentals of international commercial arbitration written by Niek Peters and published by Maklu. This book was released on 2017-10-30 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written from a comparative perspective, with an eye for international conventions and instruments, this book deals with the particulars of international commercial arbitration. In an easily accessible manner it amongst others considers: • the characteristics of international commercial arbitration • advantages and perceived disadvantages of international commercial arbitration • pros and cons of ad hoc and institutional arbitration • laws applicable in international commercial arbitration • essentials of the arbitration agreement and questions of arbitrability • the establishment and composition of the tribunal • the duty to disclose conflicts of interests and the challenge of arbitrators • the end of the arbitrators’ mandate and their replacement • the organisation of the arbitration • powers, duties and liability of arbitrators • the jurisdiction of arbitrators • the course of the arbitration proceedings, from the request for arbitration to the award, including questions of evidence and document production • the form and contents of awards • recognition, enforcement and annulment of awards Everything is presented practically and analytically, amongst others drawing on case law different and the experience of the author. Where indicated national arbitration acts as well as various predrafted arbitration rules are compared and differences are highlighted. For those who want to get acquainted with international commercial arbitration or seek guidance with regard to a specific question that may arise in the course of an international commercial arbitration this book provides a convenient work.
Book Synopsis UNCITRAL Model Law on International Commercial Arbitration by : Ilias Bantekas
Download or read book UNCITRAL Model Law on International Commercial Arbitration written by Ilias Bantekas and published by Cambridge University Press. This book was released on 2020-03-05 with total page 1292 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive commentary on the UNCITRAL Model Law on International Arbitration. Combining both theory and practice, it is written by leading academics and practitioners from Europe, Asia and the Americas to ensure the book has a balanced international coverage. The book not only provides an article-by-article critical analysis, but also incorporates information on the reality of legal practice in UNCITRAL jurisdictions, ensuring it is more than a recitation of case law and variations in legal text. This is not a handbook for practitioners needing a supportive citation, but rather a guide for practitioners, legislators and academics to the reasons the Model Law was structured as it was, and the reasons variations have been adopted.
Book Synopsis Commentary on the UNCITRAL Model Law on International Commercial Arbitration by : Aron Broches
Download or read book Commentary on the UNCITRAL Model Law on International Commercial Arbitration written by Aron Broches and published by Springer. This book was released on 1990-09-04 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis International Commercial Arbitration in New York by : James H. Carter
Download or read book International Commercial Arbitration in New York written by James H. Carter and published by Oxford University Press, USA. This book was released on 2010 with total page 732 pages. Available in PDF, EPUB and Kindle. Book excerpt: New York is a leading venue for international commercial arbitration, home to the headquarters for the International Centre for Dispute Resolution, the international branch of the American Arbitration Association, and many leaders in the international arbitration field. New York also serves as the locus of several prominent arbitration firms' central offices. International Commercial Arbitration in New York focuses on the distinctive aspects of international arbitration in New York. Serving as an essential strategic guide, this book allows practitioners to represent clients more effectively in cases where New York is implicated as either the place of arbitration or evidence or assets are located in New York. This collaborative work boasts contributors of pre-eminent stature in the arbitration field. Each chapter elucidates a vital topic, including the existing New York legal landscape, drafting considerations for clauses designating New York as the place of arbitration, and material and advice on selecting arbitrators. The book also covers a series of topics at the intersection of arbitral process and the New York courts, including jurisdiction, enforcing arbitration agreements, and obtaining preliminary relief and discovery. Class action arbitration, challenging and enforcing arbitral awards, and biographical materials on New York-based international arbitrators is also included, making this a comprehensive, valuable resource for practitioners. This new in paperback edition provides a Preface prepared by the editors that briefly discusses several developments in the field of arbitration in New York since the publication of the hardback version in 2010. It also contains in Appendix 6.1, the International Chamber of Commerce ("ICC") Rules of Arbitration (In force as from January 1, 2012).
Book Synopsis International Commercial Arbitration in United States Courts by : Gary Born
Download or read book International Commercial Arbitration in United States Courts written by Gary Born and published by Springer. This book was released on 1994-08-25 with total page 1096 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Private Dispute Resolution in International Business by : Klaus Peter Berger
Download or read book Private Dispute Resolution in International Business written by Klaus Peter Berger and published by . This book was released on 2009 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private Dispute Resolution in International Business consists of two books and an interactive DVDRom. Volume I follows the progress of a dispute between two companies, in step-by-step detail, through negotiation, mediation, and arbitration in turn. Volume II provides precise, informed solutions to the problems raised in the first volume's case study. The DVDRom contains: all contracts and other written documentation produced during the dispute including all procedural orders and awards rendered by the arbitral tribunal during the arbitration, the text of legal materials such as arbitration laws and rules and international conventions, and further learning and teaching aids but also almost 100 videos dramatising the negotiation, mediation, and arbitration proceedings described in the book Subtitles in the videos refer the viewer to paragraphs in the books where each relevant legal problem is analysed. In addition, an internet home page provides regular updates.
Book Synopsis Law and Practice of International Commercial Arbitration by : Alan Redfern
Download or read book Law and Practice of International Commercial Arbitration written by Alan Redfern and published by . This book was released on 1991 with total page 904 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides a detailed review of the process of international commercial arbitration, from the drafting of the arbitration agreement to the enforcement of the arbitral tribunal's award. It has been revised to include appendices which describe the arbitration rules of various countries.
Book Synopsis International Commercial Arbitration by : Fraser Davidson
Download or read book International Commercial Arbitration written by Fraser Davidson and published by . This book was released on 1991 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Excess of Powers in International Commercial Arbitration by : Piotr Wiliński
Download or read book Excess of Powers in International Commercial Arbitration written by Piotr Wiliński and published by . This book was released on 2019-12-19 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although the idea of arbitral tribunal's mandate is in everyday use in the international arbitration scholarship, it remains an elusive concept lacking any legal definition. Often associated with other notions such as the tribunal's mission, powers, authority or even jurisdiction, the meaning of arbitral tribunal's mandate remains a moving target and escapes easy classification. Yet, perhaps somewhat surprisingly, a non-compliance with the arbitral tribunal's mandate provides a basis for a challenge of the arbitral award at the post-award stage (either during setting aside proceedings or at the enforcement stage). Since the concept of the tribunal's mandate is vague, it attracts, in turn, a broad interpretation of the ground leading to a frustration of the fundamental value of arbitration - the finality of the arbitral award. It is therefore essential to determine how the national courts review arbitral awards on the basis of 'excess of mandate' and consequently in what instances they accept the argument that the tribunal acted in violation of its mandate. This study aims at recognizing the similarities and differences of the 'excess of mandate' type of challenges in selected legal systems (namely the UNCITRAL Model Law, France, England, the U.S. and the New York Convention). Looking through the eyes of what the selected legal systems consider to be an 'excess of mandate' allows us to identify common features and contributes to a better understanding of the concept of the arbitral tribunal's mandate by arbitrators, judges and legal practitioners alike. Accordingly, this research adds a building block to the definition of the tribunal's mandate.
