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The American Arbitration Associations Wide World Of Arbitration
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Book Synopsis The American Arbitration Association's Wide World of Arbitration by : American Arbitration Association
Download or read book The American Arbitration Association's Wide World of Arbitration written by American Arbitration Association and published by . This book was released on 1978 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Experiencing International Arbitration by : MICHAEL D.. SOURGENS NOLAN (FREDERIC G.)
Download or read book Experiencing International Arbitration written by MICHAEL D.. SOURGENS NOLAN (FREDERIC G.) and published by West Academic Publishing. This book was released on 2020-07-10 with total page 816 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book is the first of its kind in seeking to make students "practice ready" for representing parties in international arbitrations. It covers the full scope of the role of arbitration counsel in advising clients, from drafting arbitration clauses to representing clients in arbitrations to prosecuting and defending court actions at the enforcement stage. Throughout the book, the authors make students come alive to the ethical problems faced by arbitration practitioners on a day-to-day basis, with the objective of preparing them for the choices arbitration lawyers actually have to make. The book provides a distinctive way to teach central transferable skills that are vital for the success of any junior practitioner. It provides opportunities to practice client counseling, clause drafting to achieve client goals, and the composing of advice of how to respond to proposed contract language received during negotiations. It further provides opportunities to engage in drafting of documents that are less frequently included in the law school curriculum but are vital to the practice of law. These documents include requests for the production of documents, requests for the production of electronic documents, motions requesting emergency relief (temporary restraining orders), as well as dispositive motions and affidavits. The book therefore assists law schools in making available alternative ways in which to achieve basic institutional learning outcomes. The book is one of the first to teach students how to engage in a global practice of law through simulations inspired by real life disputes. The global practice of law involves challenges that exceed those encountered in the domestic setting. Questions of legal culture, applicable law, and client expectations differ markedly in global practice. This book is one of the first to provide students with a practical means to deal with such challenges. It is thus particularly well suited for use in classes with an LLM contingent as the simulation scenarios permit LLM students to bring in their home country experiences fully into simulation exercises. By teaching these transferable skills, the book provides an engaging way to introduce students to the skills they will need to perform well on the Multistate Performance Test as part of their bar examination. The Multistate Performance Tests asks students to draft a specific piece of work product based on a closed packet of materials. The chapters are set up in such a way that students will be exposed to that way of encountering new kinds of work product and dealing with such work product on the basis of a closed packet of materials. This experience thus also has significant bar study benefits. In order to achieve these benefits, the book uses a simulations approach. To prepare students for the problems faced by arbitration counsel, the book introduces them to different simulations that present real-world practice problems. Though many of these problems are discrete, certain simulations are referred to multiple times to show students that procedural choices made in the beginning of an arbitration have significant implications for later stages of proceedings. This flexible use of the simulation method introduces students to the need to address some discrete problems for clients while also alerting them to the fact that client advice can have a long half-life. The authors are seasoned arbitration practitioners and academics. The authors have in fact handled numerous arbitrations together and have tried to make available their best practices in this book. Michael Nolan is a partner in the Washington, DC office of Milbank LLP. He has served as counsel in more than a hundred disputes. He serves as an arbitrator in a wide range of cases and is a member of the International Advisory Committee of the American Arbitration Association. Michael Nolan also teaches as an Adjunct Professor of Law at Georgetown Law Center. Frédéric G. Sourgens is a Professor of Law at Washburn University School of Law. He is the author of more than 60 publications, including approximately a dozen books on arbitration or arbitration-related subjects. His work has been cited as authority by numerous arbitral tribunals and counsel. Frédéric Sourgens also remains active in arbitrations in a number of different capacities. Though flexible in how it can be used, the book is specially designed for use in arbitration skills classes. It further can support arbitration clinic students in learning the basics of arbitration and can further support arbitration seminars looking to take a more detailed look at the inner working of one of the most controversial areas of law judging by the constant stream of U.S. Supreme Court cases on the subject matter.
Book Synopsis Practitioner's Guide to Arbitration in the Middle East and North Africa by : Essam Al Tamimi
Download or read book Practitioner's Guide to Arbitration in the Middle East and North Africa written by Essam Al Tamimi and published by Juris Publishing, Inc.. This book was released on 2009-09-01 with total page 568 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Practitioner's Guide to Arbitration in the Middle East and North Africa is the culmination of the real experience and expertise from those experts and authorities directly involved with arbitration in their respective countries. The book is the first of its kind to target the Mena region specifically and is essential for anyone working in the area of arbitration both in the Middle East and world-wide. The practice of arbitration of private disputes is not new to MENA countries. Arbitration has long been recognized as a legitimate and culturally accepted practice of dispute resolution, dating back to dispute resolution practices of the early Islamic period, and even the pre-Islamic era. International commercial arbitration, and its cultural and juridical acceptance, is a more recent and complex phenomenon nonetheless on the rise in MENA countries. It is now standard for arbitration clauses to be included in contracts governing international transactions and there is a growing consensus among MENA merchants engaged in international trade, along with their commercial counterparts in the rest of the world, that international arbitration is preferable to litigation in domestic courts for purposes of resolving private commercial disputes. While subject to some qualifications and restrictions in some instances, in many, if not most, MENA countries, arbitration clauses can be included in contracts with government entities engaging in commercial transactions. Additionally, conferences, seminars, and training programs in international arbitration are on the rise, and various international arbitration centres have been established. The advantages from the perspective of private parties are tremendous: Parties can elect which law will apply to disputes arising from their transactions, and they can remove themselves from the constraints and biases of parochial attitudes in national courts. There is also an increasing acceptance by national courts of international arbitration standards, such as the principle of Kompetenz-Kompetenz, recognising the right of arbitrators to decide their own jurisdiction and the separability of the arbitration clause. More frequently, courts are granting assistance and support to international arbitrations and are more receptive to enforcing foreign awards. This book is a comprehensive guide to arbitration in Algeria, Bahrain, Egypt, Iran, Jordan, Kuwait, Lebanon, Libya, Morocco, Oman, Palestine, Qatar, Saudi Arabia, Sudan, Syria, Tunisia, UAE, and Yemen. Written in question/answer format by leading practicioners and firms from the region, it elicits the most salient features of the legal framework for arbitration and international arbitration in each of the respective countries.
Book Synopsis International Dispute Resolution by : Vesna Lazić
Download or read book International Dispute Resolution written by Vesna Lazić and published by Springer. This book was released on 2018-07-26 with total page 131 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contributions in this book cover a wide range of topics within modern disputeresolution, which can be summarised as follows: harmonisation, enforcement andalternative dispute resolution. In particular, it looks into the impact of harmonisedEU law on national rules of civil procedure and addresses the lack of harmonisationin the US regarding the recognition and enforcement of foreign judgments. Furthermore,the law on enforcement is examined, not only by focusing on US law, but also onhow to attach assets in order to enforce a judgment. Finally, it addresses certain typesof alternative dispute resolution. In addition, the book looks into the systems andcultures of dispute resolution in several regions of the world, such as the EU, the US andChina, that have a high impact on globalisation. Hence, the book is diverse in the senseof dealing with multiple issues in the field of modern dispute resolution./div The book offers explorations of the impact of international rules and EU law on domesticcivil procedure, through case studies from, among others, the US, China, Belgium andthe Netherlands. The relevance of EU law for the national debate and its impact on theregulation of civil procedure is also considered. Furthermore, several contributions discussthe necessity and possibility of harmonisation in the emergency arbitrator mechanisms inthe EU. The harmonisation of private international law rules within the EU, particularlythose of a procedural nature, is juxtaposed to the lack thereof in the US. Also, the bookoffers an overview of the current dispute settlement mechanisms in China. The publication is primarily meant for legal academics in private international law andcivil procedure. It will also prove useful to practitioners regularly engaged in cross-borderdispute resolution and will be of added value to advanced students, as well as to those withan interest in international litigation and more generally in the area of dispute resolution. Vesna Lazić is Senior Researcher at the T.M.C. Asser Institute, Associate Professor ofPrivate Law at Utrecht University and Professor of European Civil Procedure at theUniversity of Rijeka. Steven Stuij is an expert in Private International Law and a PhD Candidate/GuestResearcher at the Erasmus School of Law, Rotterdam. Ton Jongbloed is Guest Editor on this volume./div
Book Synopsis Class, Mass, and Collective Arbitration in National and International Law by : S.I. Strong
Download or read book Class, Mass, and Collective Arbitration in National and International Law written by S.I. Strong and published by Oxford University Press. This book was released on 2013-10 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: Class, Mass and Collective Arbitration in National and International Law is the first book to discuss various types of large-scale arbitration, where multiple individuals (ranging from several dozen to hundreds of thousands of persons) bring their claims at a single time, in a single arbitral proceeding.
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. This book was released on 2013 with total page 725 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. 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.
Book Synopsis ICDR Awards and Commentaries by : Grant Hanessian
Download or read book ICDR Awards and Commentaries written by Grant Hanessian and published by Juris Publishing, Inc.. This book was released on 2012-09-01 with total page 578 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first of a regular compilation of arbitration awards in cases administered by the International Centre for Dispute Resolution (ICDR) of the American Arbitration Association. The book features articles and commentaries by many leading figures in international arbitration and summaries of important court decisions concerning ICDR arbitration cases in the United States and enforcement of ICDR awards outside the United States. Featuring over a dozen ICDR awards with commentaries, the ICDR Awards & Commentaries also includes articles and casenotes from a prestigious group of authors.
Book Synopsis Theory, Law and Practice of Maritime Arbitration by : Eva Litina
Download or read book Theory, Law and Practice of Maritime Arbitration written by Eva Litina and published by Kluwer Law International B.V.. This book was released on 2020-12-10 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: Theory, Law and Practice of Maritime Arbitration The Case of International Contracts for the Carriage of Goods by Sea Eva Litina It is estimated that over 80% of global trade by volume is carried by sea, making maritime transport a cornerstone of the global economy. Most disputes in the shipping industry are settled by distinctive, private arbitral proceedings that are best understood by a close examination of the standard form contracts that are used in practice and of the case law arising therefrom. Extrapolating insightfully from these sources, the author of this book examines in depth the phenomenon of maritime arbitration with a specific focus on contracts for the carriage of goods by sea. She offers the first comprehensive and comparative analysis of arbitral practice in the three jurisdictions where the most frequently selected maritime arbitral seats are located: London, New York, and Singapore. An analysis of the applicable rules and relevant case law in each jurisdiction provides the basis from which a comparative assessment of maritime arbitral seats is achieved. The book addresses the following key aspects of maritime arbitration: maritime arbitration’s definition, origins, theoretical underpinnings, socioeconomic context, and significance; the maritime-specific reasons for wide use of ad hoc versus institutional arbitration; the international instruments governing arbitration in contracts for the carriage of goods by sea; the shipping industry’s pursuit of self-regulation via standard form contracts; the arbitration agreement contained in standard form charterparties and bills of lading; maritime arbitration’s unique approach to judicial review, confidentiality, and arbitrator impartiality; the specific dispute resolution objectives that compel a comparative assessment of maritime arbitral seats; and the future of maritime arbitration in light of international political, financial, and technological developments. In addition to the three main maritime arbitral seats, the analysis touches on maritime arbitration in other relevant jurisdictions, such as Hong Kong, Greece, Japan, and Korea, thus affording a comparison of the process in common and civil law jurisdictions. The book concludes by considering the potential impact of the current international political landscape, and suggesting future perspectives and research in international maritime arbitration. An important addition to scholarship in this field of law, the book’s thorough assessment of the merits of the competing maritime arbitral seats—and its specific focus on maritime disputes—will prove of significant importance to arbitrators, law firms, in-house counsel of shipping companies, international organizations, and arbitration institutions and associations. Practitioners will discover all tools necessary to examine any case before the main maritime arbitral seats with full awareness of each applicable legal regime and its distinguishing features.
Book Synopsis The Functions of Arbitral Institutions by : Rémy Gerbay
Download or read book The Functions of Arbitral Institutions written by Rémy Gerbay and published by Kluwer Law International B.V.. This book was released on 2016-04-20 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: While thousands of cross-border disputes are successfully resolved each year through institutional arbitration, there appears to be little understanding of the functions exercised by arbitral institutions and their impact on the proceedings they administer. Much like the user of a computer may operate, with relative success, a machine which he does not fully comprehend, users of institutional arbitration have for many decades resolved their disputes successfully through institutional arbitration without fully understanding the precise nature of the functions of what is a key player in the process. This book rectifies this paradoxical gap. It offers a clear yet nuanced overview of the diverse and complex reality of institutional arbitration, while challenging the assumptions conventionally held as to the role of arbitral institutions. This book is the product of a systematic study of the activities performed by over forty leading international arbitration institutions worldwide in their administration of cases (including the ICC, LCIA, ICDR, SCC, SIAC, HKIAC, JAMS, CIETAC, KLRCA, DIS, DIA, NAI, CEPANI etc.). This book also examines a wealth of court decisions and bibliographical sources from the leading civil law and common law jurisdictions (e.g., France, England & Wales, the United Sates, Switzerland, Germany). This book is invaluable to academics and practitioners interested in furthering their theoretical and practical understanding of institutional arbitration and arbitral institutions.
Book Synopsis Arbitration of International Intellectual Property Disputes by : Thomas D. Halket
Download or read book Arbitration of International Intellectual Property Disputes written by Thomas D. Halket and published by Juris Publishing, Inc.. This book was released on 2012-05-01 with total page 652 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Arbitration of International Intellectual Property Disputes, which is designed not only for arbitration counsel and arbitrators but also for in-house counsel and transactional lawyers, provides a thorough guide to the use of arbitration to resolve these disputes. Both practical as well as scholarly, it starts by exploring how and why arbitration can provide the best way to resolve these disputes and how to draft an effective arbitration provision. It then covers the principal unique issues which can arise in the arbitration itself, from choosing the tribunal through confidentiality, discovery, validity determinations, choice of law, provisional and final remedies and enforceability. With the world more and more dependent upon technology of all types, the continued and growing importance of intellectual property cannot be understated. There has been, and will continue to be, an accompanying explosion in the number and complexity of transactions in which intellectual property is a critical, if not the critical, element. Many of these transactions cross national boundaries; as do the disputes which inevitably arise from them. But international intellectual property disputes present complexities not encountered in either intellectual property disputes which are confined to one country or other international commercial disputes. The Arbitration of International Intellectual Property Disputes will serve as a handy reference and guide for navigating through the complex maze of intellectual property and arbitration.
Book Synopsis Arbitrators as Lawmakers by : Dolores Bentolila
Download or read book Arbitrators as Lawmakers written by Dolores Bentolila and published by Kluwer Law International B.V.. This book was released on 2017-04-05 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses how arbitrators make rules that guide, constrain, and define the process and substance of international arbitration. Providing a thorough and multidisciplinary analysis of the actors, process, and outcome of arbitral lawmaking, the study shows how arbitrators create principles of law through consistent arbitral decision-making and through interacting with other members of the arbitral community. This book investigates and responds to the following questions: - What is the relationship between international arbitration and the law and courts of the seat? - What is the role of international tribunals in assisting and controlling investment arbitration? - What is the scope of arbitrators’ freedom in decision-making? - What constraints limit arbitrators’ decision-making and contribute to consistency? - Is international arbitration capable of paying deference to past arbitral decisions? - Which rules have arbitrators created in procedural and substantive matters? - What is the role and status of consistent arbitral decisions? - Is there an arbitral legal system? The answers to these questions are drawn from actual arbitral decisions made available to the public, clarifying important issues about jurisdiction, procedure, applicable law, interpretation of substantive rules and instruments, and remedies. This is the first overarching study of whether and to what extent international commercial, and investment arbitrators create norms and even generate a legal system. As such, it will be of immeasurable and lasting value to arbitrators, practitioners, scholars, arbitral institutions, and international organizations worldwide, for all of whom it will not only clarify our understanding of arbitral decision-making and arbitrator-made rules, but also foster transparency and accountability in arbitral decision-making
Book Synopsis The Art of Advocacy in International Arbitration by : R. Doak Bishop
Download or read book The Art of Advocacy in International Arbitration written by R. Doak Bishop and published by Juris Publishing, Inc.. This book was released on 2010-05-01 with total page 668 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by today’s leading arbitrators and counsel, this remarkably candid guide provides insight into the practitioner’s approach, conduct, style, and techniques that have proven most effective. While the facts and the law are fundamental, a successful outcome is the product of painstaking document review, witness interviews, legal research, strategizing and focusing the case, and developing compelling written and oral presentations. How to properly perform these tasks is the subject of this book. And where the first edition focused mainly on the cultural differences in advocacy performed in various regions of the world, this new edition expands on this theme by addressing each functional aspect of an international arbitration and the techniques that have been developed for good written and oral advocacy. Intended to assist both the novice in learning the techniques of advocacy, and the experienced advocate in improving his skills, this is an essential reference.
Book Synopsis International Commercial Arbitration by : Gary Born
Download or read book International Commercial Arbitration written by Gary Born and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Arbitration Under International Investment Agreements by : Katia Yannaca-Small
Download or read book Arbitration Under International Investment Agreements written by Katia Yannaca-Small and published by . This book was released on 2010 with total page 790 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration Under International Investment Agreements: A Guide to the Key Issues provides a comprehensive analysis of the main issues that arise in investor-state arbitration. The contributing authors take the reader through the intricacies of this procedure before analyzing the main jurisdictional and substantive issues that confront arbitrators. The book concludes with a reflection on the role of precedent in investment arbitration. A diverse group of renowned experts in the field provide comprehensive coverage, making Arbitration Under International Investment Agreements a valuable resource for anyone working in or studying this field of law.
Book Synopsis United States Code by : United States
Download or read book United States Code written by United States and published by . This book was released on 2001 with total page 1722 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Redfern and Hunter on International Arbitration by : Nigel Blackaby
Download or read book Redfern and Hunter on International Arbitration written by Nigel Blackaby and published by Oxford University Press, USA. This book was released on 2009-10-15 with total page 780 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reviewing the legal context within which international commercial arbitration operates, this text has been updated to reflect recent developments in international law.
Book Synopsis College of Commercial Arbitrators Guide to Best Practices in Commercial Arbitration by : James M. Gaitis
Download or read book College of Commercial Arbitrators Guide to Best Practices in Commercial Arbitration written by James M. Gaitis and published by Juris Publishing, Inc.. This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
