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Author : Colin Y. C. Ong
Publisher :
ISBN 13 : 9789814406154
Total Pages : 0 pages
Book Rating : 4.4/5 (61 download)
Download or read book Costs in International Arbitration written by Colin Y. C. Ong and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Susan D. Franck
Publisher : Oxford University Press
ISBN 13 : 0190054441
Total Pages : 344 pages
Book Rating : 4.1/5 (9 download)
Download or read book Arbitration Costs written by Susan D. Franck and published by Oxford University Press. This book was released on 2019-03-26 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investment treaty arbitration (sometimes called investor-state dispute settlement or ISDS) has become a flashpoint in the backlash against globalization, with costs becoming an area of core scrutiny. Yet "conventional wisdom" about costs is not necessarily wise. To separate fact from fiction, this book tests claims about investment arbitration and fiscal costs against data so that policy reforms can be informed by scientific evidence. The exercise is critical, as investment treaties grant international arbitrators the power to order states-both rich and poor-to pay potentially millions of dollars to foreign investors when states violate the international law commitments made in the treaties. Meanwhile, the cost to access and defend the arbitration can also climb to millions of dollars. This book uses insights drawn from cognitive psychology and hard data to explore the reality of investment treaty arbitration, identify core demographics and basic information on outcomes, and drill down on the costs of parties' counsel and arbitral tribunals. It offers a nuanced analysis of how and when cost-shifting occurs, parses tribunals' rationalization (or lack thereof) of cost assessments, and models the variables most likely to predict costs, using data to point the way towards evidence-based normative reform. With an intelligent interdisciplinary approach that speaks to ongoing reform at entities like the World Bank's ICSID and UNCITRAL, this book provides the most up-to-date study of investment treaty dispute settlement, offering new insights that will shape the direction of investment treaty and arbitration reform more broadly.
Author : Michael O'Reilly
Publisher : Informa Law
ISBN 13 : 9781859781463
Total Pages : 0 pages
Book Rating : 4.7/5 (814 download)
Download or read book Costs in Arbitration Proceedings written by Michael O'Reilly and published by Informa Law. This book was released on 1997 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This revised text provides a practical guide to the law relating to all aspects of costs in arbitration proceedings. The Arbitration Act 1996, has made significant changes to the law on arbitration costs. These have, among other things, made arbitrators responsible for the cost-effective management of cases, and given them new powers to help them achieve this. In its second edition, "Costs in Arbitration Proceedings" has been updated to include sections on: agreements as to costs; the arbitrator's power to limit costs; and forms and precedents. It sets out the law of costs for the parties and of the parties, the arbitrators' fees, taxation of costs, and security for costs, costs implications of offers of settlement and application to the court in repect of costs. It is suitable for professional arbitration lawyers and also for the new or lay arbitrator.
Author : Michael O'Reilly
Publisher : Taylor & Francis
ISBN 13 : 100028607X
Total Pages : 276 pages
Book Rating : 4.0/5 (2 download)
Download or read book Costs in Arbitration Proceedings written by Michael O'Reilly and published by Taylor & Francis. This book was released on 2020-10-28 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: This revised text provides a practical guide to the law relating to all aspects of costs in arbitration proceedings. The Arbitration Act 1996, has made significant changes to the law on arbitration costs. These have, among other things, made arbitrators responsible for the cost-effective management of cases, and given them new powers to help them achieve this. In its second edition, "Costs in Arbitration Proceedings" has been updated to include sections on: agreements as to costs; the arbitrator's power to limit costs; and forms and precedents. It sets out the law of costs for the parties and of the parties, the arbitrators' fees, taxation of costs, and security for costs, costs implications of offers of settlement and application to the court in repect of costs. It is suitable for professional arbitration lawyers and also for the new or lay arbitrator.
Author : Peter Ashford
Publisher : Juris Publishing, Inc.
ISBN 13 : 1937518329
Total Pages : 496 pages
Book Rating : 4.9/5 (375 download)
Download or read book Handbook on International Commercial Arbitration written by Peter Ashford and published by Juris Publishing, Inc.. This book was released on 2014-03-01 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook will assist the practitioner, whether lawyer, counsel or arbitrator, in some of the practical minefields of international commercial arbitration. It considers the typical course of an international commercial arbitral proceeding, from deciding what claims may be arbitrated to calculating damages and the contents of an award, giving guidance and sample documents for each step. It also provides an extensive discussion of discovery and the presentation of evidence during hearings. This will work in aid the efficiency of the arbitral process, especially by reducing time and cost. For counsel and arbitrators alike, it provides a convenient reference work for the problems that inevitably arise in the procedural and substantive steps in arbitration. Analyzing the relevant law and rules from a range of jurisdictions and international arbitral institutions, the Handbook is a truly invaluable companion for everyone involved in international commercial arbitration.
Author : Lawrence W. Newman
Publisher : Juris Publishing, Inc.
ISBN 13 : 1937518337
Total Pages : 46 pages
Book Rating : 4.9/5 (375 download)
Download or read book Leading Arbitrators' Guide to International Arbitration - Third Edition written by Lawrence W. Newman and published by Juris Publishing, Inc.. This book was released on 2014-04-01 with total page 46 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Leading Arbitrators' Guide to International Arbitration Third Edition offers thoughtful advice and insights into the world of international arbitration from some of the most prominent and experienced international arbitrators in the world. The contributors are arbitrators from Australia, Belgium, Canada, Chile, Denmark, England, France, Germany, Italy, The Netherlands, Italy, Spain, Sweden, Switzerland and the USA. The contributors offer insights and advice on the way in which international arbitrations are carried out from the point of view of arbitrators reading pleadings and memorials and listening to witnesses and hearing arguments. The authors' discussions are intended to be thoughtful, insightful and useful - and perhaps, occasionally, iconoclastic. As a result, there may be instances in which the authors disagree with one another on certain points. This is to be expected for there are often many routes that can be taken to achieve a result. The book will be useful not only to persons who may serve as arbitrators in internatinoal arbitral proceedings but also to those who may, in their position as advocates, wish to persuade persons -- including, perhaps, the authors.
Author : Rebecca Hamilton
Publisher : St. Martin's Press
ISBN 13 : 0230112404
Total Pages : 274 pages
Book Rating : 4.2/5 (31 download)
Download or read book Fighting for Darfur written by Rebecca Hamilton and published by St. Martin's Press. This book was released on 2011-02-01 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Around the world, millions of people have added their voices to protest marches and demonstrations because they believe that, together, they can make a difference. When we failed to stop the genocide in Rwanda in 1994, we promised to never let such a thing happen again. But nine years later, as news began to trickle out of killings in western Sudan, an area known as Darfur, the international community again faced the problem of how the United Nations and the United States government could respond to mass atrocity. Rebecca Hamilton passionately narrates the six-year grassroots campaign to draw global attention to the plight of Darfur's people. From college students who galvanized entire university campuses in the belief that their outcry could save millions of Darfuris still at risk, to celebrities such as Mia Farrow, who spurred politicians to act, to Steven Spielberg, who boycotted the 2008 Summer Olympics in Beijing, Hamilton details how advocacy for Darfur was an exuberant, multibillion-dollar effort. She then does what no one has done to date: she takes us into the corridors of power and the camps of Darfur, and reveals the impact of ordinary people's fierce determination to uphold the mantra of "never again." Fighting for Darfur weaves a gripping story that both dramatizes our moral dilemma and shows the promise and perils of citizen engagement in a new era of global compassion.
Author : South African Law Commission
Publisher : South African Law Commission
ISBN 13 :
Total Pages : 174 pages
Book Rating : 4.F/5 ( download)
Download or read book Domestic Arbitration written by South African Law Commission and published by South African Law Commission. This book was released on 1999 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Arif Hyder Ali
Publisher : Kluwer Law International B.V.
ISBN 13 : 904118919X
Total Pages : 547 pages
Book Rating : 4.0/5 (411 download)
Download or read book The International Arbitration Rulebook written by Arif Hyder Ali and published by Kluwer Law International B.V.. This book was released on 2019-10-24 with total page 547 pages. Available in PDF, EPUB and Kindle. Book excerpt: The numerous arbitral regimes around the world differ in subtle yet complex ways. These variations can have a profound effect on the procedural rights and obligations of the parties. Broadly speaking, the choice of regime will impact the way in which an arbitration is conducted; its duration and expense; the outcome of the dispute; and the ultimate enforceability of the award. To inform the parties’ choice, this book is the first to deal specifically and in depth with a broad range of institutional and ad hoc arbitration rules on a comparative basis. It provides a practical guide to the rules in one book—a one-stop shop—from a distinctly “rule” and “guide” point of view. This book has its genesis in the authors’ experience as practitioners and educators in international commercial and investor-state arbitration—and as advisers to, and trainers for, arbitral institutions, arbitrators, judges and government officials around the world. This comprehensive, descriptive and analytical “road map” covers the broad range of issues addressed in nine representative major sets of arbitration rules. The authors detail the distinct ways in which rules governing such important issues as the following may differ among the various arbitral regimes: the governance structure and role of the administering institutions in the arbitration, including case management and administrative support; the critical and recommended issues to be established in the agreement to arbitrate, such as the place of arbitration and the governing law among others; the requirements and best practices for starting the arbitration on the right foot; the procedures for selecting, appointing and challenging arbitrators; the impact of the initial procedural conference on the proceedings; the rules on presenting the case in chief: written submissions, documentary evidence, witness and expert testimony and more; the costs and fees of leading institutions; the procedures and standards for award scrutiny and enforceability; and a range of special and innovative procedures such as expedited proceedings, interim relief and consolidation of proceedings. The comparative analysis is organized around the chronological phases of an international arbitration and supported by rule comparison tables and clear explanations of each step of the process. With this eminently practical book, contract negotiators, counsel and arbitrators can confidently navigate any international arbitration. Thorough coverage of the applicable rules and guidelines enables parties and/or the tribunal to design bespoke arbitration procedures based upon the various rules of leading regimes. Arbitral institutions can survey the different approaches and identify emerging best practices in the design and drafting of arbitral regimes. All in all, this volume is a useful guide and comprehensive framework of rules for both arbitration practitioners and users of arbitration services, as well as for students and teachers of international arbitration.
Author : Yves Derains
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041184015
Total Pages : 362 pages
Book Rating : 4.0/5 (411 download)
Download or read book Introduction to Investor-State Arbitration written by Yves Derains and published by Kluwer Law International B.V.. This book was released on 2018-10-17 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today thousands of investors act globally in markets providing services, technology or capital in countries all around the world. This activity can be peacefully accomplished when both the investor and the host State know that the disputes will be resolved under the aegis of the investor-State arbitration regime, wherein an investor is provided with a direct right of action against a State, most commonly stemming from a bilateral or multilateral investment treaty. This book approaches the substantive and sometimes difficult concepts of investor-State arbitration in a clear and concise explanatory fashion. In the course of acquainting the reader with the basic legal concepts and policies of the regime, the authors address such issues as the following: • consent to jurisdiction; • State responsibility; • possible conflict of interests; • mechanisms for reviewing an award; • damages and costs; and • enforcement. The book examines a number of arbitration procedures arising from various perspectives with differing underlying assumptions while highlighting important cases. Given that investor-State arbitration is now under the public watch and facing many challenges, this remarkably clear and concise overview of the regime will prove to be of great value to in-house counsel and other practitioners, as well as to government policymakers and students.x`
Author : Andrea Meier
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403535350
Total Pages : 174 pages
Book Rating : 4.4/5 (35 download)
Download or read book Arbitration and Corruption written by Andrea Meier and published by Kluwer Law International B.V.. This book was released on 2021-07-12 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: Corruption is one of the main obstacles to sustainable development and has a significant negative impact on a country’s productivity. In this book, which reproduces the transcribed presentations and lively discussions at the 2019 Annual Conference of the Swiss Arbitration Association (ASA), four panels including internationally known arbitration practitioners, criminal lawyers and accountants exchange views on the causes, costs, and impacts of corruption not only on society but also on the arbitral process and the arbitral profession. Among the many facets of corruption, the contributors address the following: legal framework of corruption and applicable law; cost of corruption from an economic perspective; jurisdiction and the arbitrability of issues of corruption; aspects of corruption that are specific to arbitration in specific business sectors; cases involving corrupt arbitrators, experts, and witnesses; establishing correctness or incorrectness of suspicion of corruption; bringing issues of corruption before the parties; and judicial scrutiny of corruption-tainted arbitral awards at the setting aside and enforcement stage. The authors, all of them prominent in representing the full range of business sectors active in international arbitration, provide matchless practical guidance in dealing with challenges associated with corruption in arbitration. Among much else, they deal with ‘red flags’ likely to indicate suspicious relationships, effective strategies to employ when confronted with a corruption-tainted contract and reporting suspicion of corruption and the related risk of personal liability. All of this invaluable material will be greatly appreciated by practising arbitrators, corporate counsel, arbitration institutions, and concerned academics.
Author : Bruno Guandalini
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403522704
Total Pages : 356 pages
Book Rating : 4.4/5 (35 download)
Download or read book Economic Analysis of the Arbitrator’s Function written by Bruno Guandalini and published by Kluwer Law International B.V.. This book was released on 2020-06-16 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: Economic Analysis of the Arbitrator’s Function Bruno Guandalini Arbitration has become an important market, where arbitrators are rational economic agents maximizing their utility. Although this is self-evident, it is rarely discussed. This penetrating book is the first to comprehensively analyze the market for arbitrators and arbitrators’ economic role within it. In great depth, the author tackles such salient issues as the following: effect of perceived inefficiencies and high costs on arbitration legitimacy; alleged commercialization of the arbitrator’s function; possible ethical problem raised by financial remuneration for rendering justice; what motivates a person to arbitrate; market for arbitrators’ functioning and failures, providing a better understanding of how actors could behave in such a specific market; structural and artificial entry barriers; effect of an arbitrator’s strategic behavior on the arbitrator’s function; limitations on an arbitrator’s rationality; and preventing and correcting these limitations. Numerous references to customs and procedures in major arbitral jurisdictions and to international laws and conventions affecting the efficiency of the arbitrator’s function are included. Pursuing a non-prescriptive analysis, the author draws on the discipline of law and economics, rational choice theory, behavioral economics, and psychological work on bounded rationality. Understanding the arbitrator’s function as a legal institution that is influenced by the market, this pioneer in developing and systematizing the study of the market for arbitrators and how it works will prove of inestimable value to all stakeholders in the arbitration market. Arbitrators, policymakers, regulators, and academics will be enabled to open the way to a more efficient market for arbitrators and betterment in arbitration worldwide.
Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on Commercial and Administrative Law
Publisher :
ISBN 13 :
Total Pages : 260 pages
Book Rating : 4.0/5 ( download)
Download or read book Mandatory Binding Arbitration Agreements written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Commercial and Administrative Law and published by . This book was released on 2008 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Jeffrey Waincymer
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041140670
Total Pages : 1408 pages
Book Rating : 4.0/5 (411 download)
Download or read book Procedure and Evidence in International Arbitration written by Jeffrey Waincymer and published by Kluwer Law International B.V.. This book was released on 2012-05-23 with total page 1408 pages. Available in PDF, EPUB and Kindle. Book excerpt: Central to the book’s purpose is the procedural challenge facing arbitrators at each and every stage of the arbitral process when fairness arguments conflict with efficiency concerns and trade-offs must be determined. Some key themes include how can a tribunal be fair, and in particular be neutral, if parties are so diverse? How can arbitration be made efficient and cost-effective without undue inroads into fairness and accuracy? How does a tribunal do what is best if the parties are choosing a suboptimal process? When can or must an arbitrator ignore procedural choices made by the parties? The author thoroughly evaluates competing arguments and adds his own practical tips, expertly synthesizing and engaging with the conference literature and differing authors’ views. He identifies criteria that offer a harmonized approach to each stage of the arbitral process, with particular attention to such aspects of international arbitration as: appropriate trade-offs between flexibility and certainty; the rights, duties and powers of arbitrators; appointment and challenge of arbitrators; responses to ‘guerilla’ tactics; drafting of arbitration agreements, including specialty clauses; drafting of required commencement notices and response documents; set-off; fast track arbitration and other efficiency options; strategic use of preliminary conferences and timetabling; online arbitration; multi-party, multi-contract, class arbitration; amicus and third party funders; pre-arbitral referees and interim relief; witness evidence, both factual and expert; documentary evidence, production obligations, and challenges to production; identifying applicable law; and remedies and costs.
Author : Dushyant Dave
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041182829
Total Pages : 532 pages
Book Rating : 4.0/5 (411 download)
Download or read book Arbitration in India written by Dushyant Dave and published by Kluwer Law International B.V.. This book was released on 2021-02-24 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: India has a long-standing tradition of dispute resolution through arbitration, with arbitral-type regulations going back to the eighteenth century. Today, amendments to the 1996 Indian Arbitration Act, a steady evolution of case law and new arbitral institutions position India’s vibrant system once more at the forefront of international commercial dispute resolution. In this handbook, over forty members of the international arbitration community in India and beyond offer authoritative perspectives and insights into topics on arbitration that matter in India. International arbitration practitioners, Indian practitioners, and scholars have combined efforts to produce a practical and informative guide on the subject. Among numerous notable features, the contributors provide detailed analysis and description of such aspects of arbitration as the following, with a focus on the Indian context: Indian application of the 1958 New York Convention; law governing the merits of the dispute and awards; investor-state dispute settlement; drafting arbitration clauses for India-centric agreements; managing costs and time; rise of virtual arbitration and technology; effect of public policy in light of extensive Indian jurisprudence; and arbitration of claims relating to environmental damage. Practical features include checklists for drafting arbitration clauses and a comparative chart of major commercial arbitration rules applicable to India. Also included is a comparative analysis of arbitral regimes in India, Singapore and England; chapters on the India Model Bilateral Investment Treaty and ISDS reforms; a special section on the enforcement of foreign awards; a section on the drafting of the award guided by leading arbitrators and stakeholders and a review of the new 2021 ICC Rules. For foreign counsel and arbitrators with arbitrations in India, this complete and up-to-date analysis provides guidelines for practitioners, corporate counsel, and judges on considerations to be borne in mind with respect to arbitration with an Indian nexus and whilst seeking enforcement and execution of an arbitral award in India. It will prove an effective tool for students and others in understanding and navigating the particularities and peculiarities of India’s system of domestic and international commercial arbitration.
Author : Dr. Manuel Arroyo
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041192743
Total Pages : 3026 pages
Book Rating : 4.0/5 (411 download)
Download or read book Arbitration in Switzerland written by Dr. Manuel Arroyo and published by Kluwer Law International B.V.. This book was released on 2018-08-06 with total page 3026 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration in Switzerland
Author : Jakob Ragnwaldh
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041146903
Total Pages : 350 pages
Book Rating : 4.0/5 (411 download)
Download or read book A Guide to the SCC Arbitration Rules written by Jakob Ragnwaldh and published by Kluwer Law International B.V.. This book was released on 2019-12-11 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Stockholm Chamber of Commerce (SCC) is one of the world’s leading arbitral institutions, registering about 200 new cases each year, approximately half of them being international cases in commercial and investment treaty disputes. True to the SCC tradition of offering a cost-efficient and flexible procedure, the SCC’s current Arbitration Rules, which came into force in 2017, introduced important new mechanisms enhancing the efficiency of the proceedings. This guide to the SCC Arbitration Rules, the first and only available commentary in English, addresses the Rules and their appendices article by article in the order in which they appear in the Rules. Focusing primarily on how the Rules are applied in practice, the authors bring together their combined extensive experience of conducting SCC arbitrations as counsel, arbitrators and members of the SCC Board and Secretariat, to provide thorough and user-friendly guidance on the SCC proceedings from start to finish, including the new features introduced in 2017 such as summary procedure, joinder and multiple-contract arbitrations, as well as the new appendix addressing certain aspects specific to investment treaty arbitration. Covering all the general issues such as appointment and removal of arbitrators, the proceedings before the arbitral tribunal, making of awards and decisions, the following issues are also addressed: emergency arbitrator proceedings; consolidation of cases; the appointment of an administrative secretary; particular characteristics of investment treaty disputes; and costs of the arbitration. This guide is sure to appeal to arbitrators, external counsel and party representatives who choose to adopt the SCC Arbitration Rules, whether they are based in Sweden or elsewhere. Practitioners will confidently approach any case under the SCC Arbitration Rules with full awareness of applicable rules of procedure and practice.
