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Author : John Choong
Publisher :
ISBN 13 : 9789626617465
Total Pages : 1000 pages
Book Rating : 4.6/5 (174 download)
Download or read book The Hong Kong Arbitration Ordinance written by John Choong and published by . This book was released on 2015 with total page 1000 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Gary F. Bell
Publisher : Cambridge University Press
ISBN 13 : 1107183979
Total Pages : 461 pages
Book Rating : 4.1/5 (71 download)
Download or read book The UNCITRAL Model Law and Asian Arbitration Laws written by Gary F. Bell and published by Cambridge University Press. This book was released on 2018-10-04 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores how the text and principles of the UNCITRAL Model Arbitration Law are implemented, or not, in key Asian jurisdictions.
Author : Michael J. Moser
Publisher :
ISBN 13 : 9780198853169
Total Pages : 568 pages
Book Rating : 4.8/5 (531 download)
Download or read book A Guide to the HKIAC Arbitration Rules 2e written by Michael J. Moser and published by . This book was released on 2022-02-24 with total page 568 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second edition of a commentary on the Hong Kong International Arbitration Centre (HKIAC) Administered Arbitration Rules providing practitioners with an inside perspective on how the HKIAC administers arbitrations under their rules.
Author : Eva Litina
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403530316
Total Pages : 172 pages
Book Rating : 4.4/5 (35 download)
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.
Author : Michael J. Moser
Publisher : CCH Hong Kong Limited
ISBN 13 : 9789881740311
Total Pages : 308 pages
Book Rating : 4.7/5 (43 download)
Download or read book 香港仲裁实用指南 written by Michael J. Moser and published by CCH Hong Kong Limited. This book was released on 2008 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Kun Fan
Publisher : Bloomsbury Publishing
ISBN 13 : 1782250735
Total Pages : 275 pages
Book Rating : 4.7/5 (822 download)
Download or read book Arbitration in China written by Kun Fan and published by Bloomsbury Publishing. This book was released on 2013-02-11 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the context of harmonisation of arbitration law and practice worldwide, to what extent do local legal traditions still influence local arbitration practices, especially at a time when non-Western countries are playing an increasingly important role in international commercial and financial markets? How are the new economic powers reacting to the trend towards harmonisation? China provides a good case study, with its historic tradition of non-confrontational means of dispute resolution now confronting current trends in transnational arbitration. Is China showing signs of adapting to the current trend of transnational arbitration? On the other hand, will Chinese legal culture influence the practice of arbitration in the rest of the world? To address these challenging questions it is necessary to examine the development of arbitration in the context of China's changing cultural and legal structures. Written for international business people, lawyers, academics and students, this book gives the reader a unique insight into arbitration practice in China, based on a combination of theoretical analysis and practical insights. It explains contemporary arbitration in China from an interdisciplinary perspective and with a comparative approach, setting Chinese arbitration in its wider social context to aid understanding of its history, contemporary practice, the legal obstacles to modern arbitration and possible future trends. In 2011 the thesis on which this book was based was named 'Best Thesis in International Studies' by the Swiss Network for International Studies. “What distinguishes this work from other books on international arbitration is its interdisciplinary perspective and comparative approach...this book makes a remarkable contribution to the understanding of arbitration in China and transnational arbitration in general. Academics, scholars and students of international arbitration, comparative studies and globalisation may all find this book stimulating. It also provides useful guidance for practitioners involved or interested in arbitration in China.” From the Foreword by Gabrielle Kaufmann-Kohler This title is included in Bloomsbury Professional's International Arbitration online service.
Author : Shahla Ali
Publisher : Kluwer Law International B.V.
ISBN 13 : 940352863X
Total Pages : 313 pages
Book Rating : 4.4/5 (35 download)
Download or read book New Frontiers in Asia-Pacific International Arbitration and Dispute Resolution written by Shahla Ali and published by Kluwer Law International B.V.. This book was released on 2020-12-10 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Arbitration Law Library Volume 59 The eastward shift in international dispute resolution has already involved initiatives not only to improve support for international commercial arbitration (ICA) and investor-state dispute settlement (ISDS) but also to develop alternatives such as international commercial courts and mediation. Focusing on these initiatives and their accompanying case law and trends in the Asia-Pacific region, this invaluable book challenges existing procedures and frameworks for cross-border dispute resolution in both commercial and treaty arbitration. Specially assembled for this project, an outstanding team of experienced and insightful arbitrators and scholars describes pertinent developments including: ICA and ISDS in the context of China’s Belt and Road Initiative; the Singapore Convention on Mediation; the shift to virtual hearings and other challenges from the COVID-19 pandemic; mistrust of the application of the rule of law in certain East Asian jurisdictions; growing public concern over ISDS arbitration; tensions between confidentiality and transparency; and potential regional harmonisation of the public policy exception to arbitral enforcement. The contributors chart evolving practices and high-profile cases to make informed observations about where changes are needed, as well as educated guesses about the chances of reforms being successful and the consequences if they are not. The main jurisdictions covered are China, Hong Kong, Japan, Malaysia, India, Australia and Singapore. The first in-depth study of recent trends in dispute resolution practice related to business in the Asia-Pacific region, the book’s practical analysis of new resources for dealing with the increasing competition among countries to become credible regional dispute resolution hubs will prove to be of great value to specialists in the international business law sector. Lawyers will be enabled to make informed decisions on which venue and dispute resolution methods are the most suitable for any specific dispute in the region, and policymakers will confidently assess emerging trends in international dispute resolution policy development and treaty-making.
Author : C. L. Lim
Publisher : Cambridge University Press
ISBN 13 : 1108842992
Total Pages : 687 pages
Book Rating : 4.1/5 (88 download)
Download or read book International Investment Law and Arbitration written by C. L. Lim and published by Cambridge University Press. This book was released on 2021-03-11 with total page 687 pages. Available in PDF, EPUB and Kindle. Book excerpt: A new edition connecting extracts from arbitral decisions, treaties and scholarly works with concise, up-to-date and reliable commentary.
Author : Anselmo Reyes
Publisher : Taylor & Francis
ISBN 13 : 131547431X
Total Pages : 262 pages
Book Rating : 4.3/5 (154 download)
Download or read book The Practice of International Commercial Arbitration written by Anselmo Reyes and published by Taylor & Francis. This book was released on 2017-10-02 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing on practical principles or guidelines for arbitrators, this book covers everything a prospective international commercial arbitrator should know about conducting an arbitration in Hong Kong. Specifically geared to those interested in or starting work as an international commercial arbitrator in Hong Kong, the book takes readers step-by-step through the problems that are likely to arise in the conduct of a commercial arbitration and in the development of their careers as international commercial arbitrators.
Author : Ilias Bantekas
Publisher : Cambridge University Press
ISBN 13 : 9781108498234
Total Pages : 650 pages
Book Rating : 4.4/5 (982 download)
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 2020-02-29 with total page 650 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.
Author : Justice Ma
Publisher :
ISBN 13 : 9789626619445
Total Pages : 1322 pages
Book Rating : 4.6/5 (194 download)
Download or read book Arbitration in Hong Kong written by Justice Ma and published by . This book was released on 2017 with total page 1322 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Bruce Harris
Publisher : John Wiley & Sons
ISBN 13 : 0470691352
Total Pages : 521 pages
Book Rating : 4.4/5 (76 download)
Download or read book The Arbitration Act 1996 written by Bruce Harris and published by John Wiley & Sons. This book was released on 2008-04-15 with total page 521 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Arbitration Act 1996 introduced radical changes to the English arbitration law. This fourth edition has been revised to include new case law and provides a section by section commentary on the act and covers all the key cases.
Author : Franco Ferrari
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403519754
Total Pages : 471 pages
Book Rating : 4.4/5 (35 download)
Download or read book Due Process as a Limit to Discretion in International Commercial Arbitration written by Franco Ferrari and published by Kluwer Law International B.V.. This book was released on 2020-09-25 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: The absence of a coherent body of case law on due process has increasingly motivated recalcitrant parties to use due process as a strategic tool, thereby putting at risk the prospect of obtaining an enforceable award in expeditious proceedings. Countering this inherent danger, here for the first time is a comprehensive study on due process as a limit to arbitral discretion, showing how due process applies in practice in key jurisdictions around the world. Based on country reports prepared by leading arbitration practitioners and academics, the book explores how courts in major arbitration jurisdictions apply due process guarantees when performing their post-award review. The contributors, driven by an interest in exploring the interplay between due process and efficiency, focus on those due process guarantees that set limits to arbitral discretion. Matters covered include the following: the right to be heard and how it may be affected by submission deadlines, evidentiary offers by the opposing party, and directions to the parties as to which aspects require further pleading; the right to be treated equally and its interplay with the duty to give each party full opportunity to present its case and to comment on submissions and evidence filed by the other party; the duty to effect proper notice, including delivery and language issues; the independence and impartiality of arbitrators with a focus on when an arbitrator’s conduct can become the basis for a successful challenge; and courts’ standards of deference when examining issues arising at the post-award stage. An introductory general report thoroughly analyses the normative basis of due process and its interplay with party autonomy, as well as applicable standards of review and commonalities among manifestations of due process across jurisdictions. A signal contribution to the debate regarding the so-called due process paranoia affecting arbitral tribunals – a topic relevant in every single arbitration proceeding – this book provides practical guidelines on how to maintain the balance between due process and efficiency and how to apply due process and counteract its misuse in arbitration proceedings. It will be welcomed by counsel, arbitrators, and judges from all countries, as well as by academics and researchers concerned with international commercial arbitration.
Author : Ida Kwan Lun Mak
Publisher : Cambridge University Press
ISBN 13 : 1108329314
Total Pages : 277 pages
Book Rating : 4.1/5 (83 download)
Download or read book Alternative Dispute Resolution of Shareholder Disputes in Hong Kong written by Ida Kwan Lun Mak and published by Cambridge University Press. This book was released on 2019-12-19 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: The landscape of shareholder dispute resolution in Hong Kong has changed vastly since the launch of the Civil Justice Reform in 2009. Key initiatives - the voluntary court-connected scheme and reform of the statutory unfair prejudice provisions - were employed to promote the greater use of alternative dispute resolution (ADR) in shareholder disputes. While the Hong Kong government and judiciary introduced such schemes to prove the legitimacy of extra-judicial over court-based litigation processes, their success is still uncertain. In this book, socio-legal theory and sociological institutionalism are used to develop a theoretical framework for analyzing the key stages of institutionalization. The author analyzes how procedural innovations could acquire legitimacy through different types of legal and non-legal inducement mechanisms within the institutionalization process. Recommendations on codifying and innovating ADR policy in Hong Kong shareholder disputes are also made with comparison to similar policies in the United Kingdom, South Africa and New Zealand.
Author : Simon Greenberg
Publisher : Cambridge University Press
ISBN 13 : 9780521695701
Total Pages : 582 pages
Book Rating : 4.6/5 (957 download)
Download or read book International Commercial Arbitration written by Simon Greenberg and published by Cambridge University Press. This book was released on 2010-12-17 with total page 582 pages. Available in PDF, EPUB and Kindle. Book excerpt: There has been an exponential rise in the use of ICA for resolving international business disputes, yet international arbitration is a scarcely regulated, specialty industry. International Commercial Arbitration: An Asia Pacific Perspective is the first book to explain ICA topic by topic with an Asia Pacific focus. Written for students and practising lawyers alike, this authoritative book covers the principles of ICA thoroughly and comparatively. For each issue it utilises academic writings from Asia, Europe and elsewhere, and draws on examples of legislation, arbitration procedural rules and case law from the major Asian jurisdictions. Each principle is explained with a simple statement before proceeding to more technical, theoretical or comparative content. Real-world scenarios are employed to demonstrate actual application to practice. International Commercial Arbitration is an invaluable resource that provides unique insight into real arbitral practice specific to the Asia Pacific region, within a global context.
Author : Peter Yuen
Publisher : Butterworths
ISBN 13 : 9789888301317
Total Pages : pages
Book Rating : 4.3/5 (13 download)
Download or read book Chinese Arbitration Law written by Peter Yuen and published by Butterworths. This book was released on 2015-12 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This title focuses on the law and practice of arbitration in China. It deals with the whole range of China practice issues from pre-commencement considerations and interim remedies to jurisdictional challenges to practice and procedure to the enforcement of awards. It also contains guidance on the emerging and important area of China related investment treaty disputes.
Author : John QC Litton
Publisher :
ISBN 13 : 9789888476435
Total Pages : 294 pages
Book Rating : 4.4/5 (764 download)
Download or read book Planning Law in Hong Kong written by John QC Litton and published by . This book was released on 2018 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt:
