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The Panama Convention And Its Implementation Under The Federal
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Book Synopsis The Panama Convention and Its Implementation Under the Federal by : John Bowman
Download or read book The Panama Convention and Its Implementation Under the Federal written by John Bowman and published by Springer. This book was released on 2002-10-09 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the only complete and systematic treatment on the subject, this book offers the first comprehensive analysis of the Panama Convention, its implementing legislation in the United States, and United States court decisions construing its provisions. By comparing the Panama and New York Conventions, it identifies important differences, such as the Panama Convention's mandatory application of the Rules of Procedure of the IACAC to ad hoc arbitrations and differences in the Conventions' provisions concerning the grounds for recognition and enforcement of arbitral awards. By comparing Chapter 3 of the Federal Arbitration Act with the other provisions of the federal act, this book exposes problems in the implementing law as well as ways in which Chapter 3 improves on the federal law implementing the New York Convention. Through a critical review of Convention jurisprudence in the United States, it highlights at least three areas in which the courts need to do a much better job: the Convention's field of application application of the IACAC Rules differentiation between the New York and Panama Conventions
Book Synopsis UNCITRAL Secretariat Guide on the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958) by : United Nations Publications
Download or read book UNCITRAL Secretariat Guide on the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958) written by United Nations Publications and published by . This book was released on 2016 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Guide on the New York Convention provides an insight on the application of the Convention by State courts.
Book Synopsis Implementation Handbook for the Convention on the Rights of the Child by : Rachel Hodgkin
Download or read book Implementation Handbook for the Convention on the Rights of the Child written by Rachel Hodgkin and published by United Nations Publications. This book was released on 2007 with total page 787 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Handbook aims to be a practical tool for implementation, explaining and illustrating the implications of each article of the Convention on the Rights of the Child and of the two Optional Protocols adopted in 2000 as well as their interconnections."--P. xvii.
Book Synopsis International Litigation by : David J. Levy
Download or read book International Litigation written by David J. Levy and published by American Bar Association. This book was released on 2003 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides American and foreign lawyers with a practical overview and summary of the issues and strategies that parties and attorneys most often confront when engaged in international litigation in U.S. federal district courts.
Book Synopsis International Arbitration in the United States by : Laurence Shore
Download or read book International Arbitration in the United States written by Laurence Shore and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 888 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Arbitration in the United States is a comprehensive analysis of international arbitration law and practice in the United States (U.S.). Choosing an arbitration seat in the U.S. is a common choice among parties to international commercial agreements or treaties. However, the complexities of arbitrating in a federal system, and the continuing development of U.S. arbitration law and practice, can be daunting to even experienced arbitrators. This book, the first of its kind, provides parties opting for “private justice” with vital judicial reassurance on U.S. courts’ highly supportive posture in enforcing awards and its pronounced reluctance to intervene in the arbitral process. With a nationwide treatment describing both the default forum under federal arbitration law and the array of options to which parties may agree in state courts under state international arbitration statutes, this book covers aspects of U.S. arbitration law and practice as the following: .institutions and institutional rules that practitioners typically use; .ethical considerations; .costs and fees; .provisional measures; and .confidentiality. There are also chapters on arbitration in specialized areas such as class actions, securities, construction, insurance, and intellectual property.
Book Synopsis State of Implementation of the United Nations Convention Against Corruption by : United Nations
Download or read book State of Implementation of the United Nations Convention Against Corruption written by United Nations and published by UN. This book was released on 2018-03-08 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: This second edition of State of Implementation of the United Nations Convention against Corruption: Criminalization, Law Enforcement and International Cooperation, which was launched during the 7th session of the Conference of the States Parties (Vienna, 6-10 November 2017).The study is based on the findings and results emanating from the first cycle reviews of the implementation of the Convention by 156 States parties (2010-2015). It contains a comprehensive analysis of the implementation of chapters III (Criminalization and law enforcement) and IV (International cooperation) of the Convention. More specifically, the study: (a) identifies and describes trends and patterns in the implementation of the above-mentioned chapters, focusing on systematic or, where possible, regional commonalities and variations; (b) highlights successes and good practices on the one hand, and challenges in implementation on the other; (c) provides an overview of the emerging understanding of the Convention and differences in the reviews, where they have been encountered.
Book Synopsis International Commercial Arbitration by : Gary B. Born
Download or read book International Commercial Arbitration written by Gary B. Born and published by Kluwer Law International B.V.. This book was released on 2020-11-23 with total page 5388 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Commercial Arbitration is an authoritative 4,250 page treatise, in three volumes, providing the most comprehensive commentary and analysis, on all aspects of the international commercial arbitration process that is available. The Third Edition of International Commercial Arbitration has been comprehensively revised, expanded and updated, To include all legislative, judicial and arbitral authorities, and other materials in the field of international arbitration prior to June 2020. It also includes expanded treatment of annulment, recognition of awards, counsel ethics, arbitrator independence and impartiality and applicable law. The revised 4,250 page text contains references to more than 20,000 cases, awards and other authorities and will enhance the treatise’s position as the world’s leading work on international arbitration. The first and second editions of International Commercial Arbitration have been routinely relied on by courts and arbitral tribunals around the world ((including the highest courts of the United States, United Kingdom, Singapore, India, Hong Kong, New Zealand, Australia, the Netherlands and Canada) and international arbitral tribunals (including ICC, SIAC, LCIA, AAA, ICSID, SCC and PCA), e.g.: U.S. Supreme Court – GE Energy Power Conversion France SAS, Corp. v. Outokumpu Stainless USA, LLC, 590 U.S. - (U.S. S.Ct. 2020); BG Group plc v. Republic of Argentina, 572 U.S. 25 (U.S. S.Ct. 2014); Canadian Supreme Court – Uber v. Heller, 2020 SCC 16 (Canadian S.Ct.); Yugraneft Corp. v. Rexx Mgt Corp., [2010] 1 R.C.S. 649, 661 (Canadian S.Ct.); U.K. Supreme Court – Jivraj v. Hashwani [2011] UKSC 40, ¶78 (U.K. S.Ct.); Dallah Real Estate & Tourism Holding Co. v. Ministry of Religious Affairs, Gov’t of Pakistan [2010] UKSC 46 (U.K. S.Ct.); Swiss Federal Tribunal – Judgment of 25 September 2014, DFT 5A_165/2014 (Swiss Fed. Trib.); Indian Supreme Court – Bharat Aluminium v. Kaiser Aluminium, C.A. No. 7019/2005, ¶¶138-39, 142, 148-49 (Indian S.Ct. 2012); Singapore Court of Appeal – Rakna Arakshaka Lanka Ltd v. Avant Garde Maritime Servs. Ltd, [2019] 2 SLR 131 (Singapore Ct. App.); PT Perusahaan Gas Negara (Persero) TBK v. CRW Joint Operation, [2015] SGCA 30 (Singapore Ct. App.); Larsen Oil & Gas Pte Ltd v. Petroprod Ltd, [2011] SGCA 21, ¶19 (Singapore Ct. App.); Australian Federal Court – Hancock Prospecting Pty Ltd v. Rinehart, [2017] FCAFC 170 (Australian Fed. Ct.); Hague Court of Appeal – Judgment of 18 February 2020, Case No. 200.197.079/01 (Hague Gerechtshof); Arbitral Tribunals – Lao Holdings NV v. Lao People's Democratic Republic I, Award in ICSID Case No. ARB(AF)/12/6, 6 August 2019; Gold Reserve Inc. v. Bolivarian Republic of Venezuela, Decision regarding the Claimant’s and the Respondent’s Requests for Corrections, ICSID Case No. ARB(AF)/09/1, 15 December 2014; Total SA v. The Argentine Republic, Decision on Stay of Enforcement of the Award, ICSID Case No. ARB/04/01, 4 December 2014; Millicom Int'l Operations B.V. v. Republic of Senegal, Decision on Jurisdiction of the Arbitral Tribunal, ICSID Case No. ARB/08/20, 16 July 2010; Lemire v. Ukraine, Dissenting Opinion of Jürgen Voss, ICSID Case No. ARB/06/18, 1 March 2011.
Book Synopsis International Law Reports by : Elihu Lauterpacht
Download or read book International Law Reports written by Elihu Lauterpacht and published by Cambridge University Press. This book was released on 2008-02-28 with total page 757 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reports in English on decisions of international courts and arbitrators and judgments of national courts.
Book Synopsis Arbitration Law in America by : Edward J. Brunet
Download or read book Arbitration Law in America written by Edward J. Brunet and published by Cambridge University Press. This book was released on 2006-01-09 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a book about changing the terms of American Arbitration Law. The book contains individual views of the four co-authors and criticisms of the individual recommendations of the authors. The book contains point and counterpoint and numerous controversial ideas. The authors present the competing arguments on some of the most controversial topics in arbitration---arbitration of employment disputes between employers and their former employees and arbitration of disputes between consumers and product sellers.
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 Arbitration by : Thomas J. Stipanowich
Download or read book Arbitration written by Thomas J. Stipanowich and published by Aspen Publishing. This book was released on 2022-09-15 with total page 435 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration: Practice, Policy, and Lawprovides students with a practice-based approach that helps them apply legal concepts under the Federal Arbitration Act and other laws, and better identify the value of arbitration practice and procedures. This casebook provides vivid examples from actual cases, literature, and current media. It also offers diverse readings by leading authors, along with comprehensive attention to prominent developments in the field and access to video interviews of 100 arbitrators and leading arbitration scholars. The text integrates coverage of law, ethics, and practice, as well as interesting notes, thoughtful problems, and provocative questions. It includes all the coverage of arbitration found in Resolving Disputes, the survey text. Professors and students will benefit from: Strong authorship, from leading scholar-practitioners at the two #1 law schools in Dispute Resolution—Pepperdine and Ohio State University. A practice-based approach that helps students apply concepts, including realistic roleplays, exercises, and problems that facilitate classroom discussion. Concise content, with organization and readings designed to support a class that considers law in the context of practice, instead of solely focusing on law – as is common with most arbitration casebooks. Informal writing style, interesting examples, practical advice, and thought-provoking questions, all written specifically for law students who will soon represent clients in resolving disputes. A variety of carefully designed, skills-oriented exercises on negotiating and drafting arbitration and dispute resolution procedures, conducting and managing arbitration processes, and deliberating and drafting arbitration awards. Unique attention to technology, and the role is now plays in modern arbitration practice. Discrete treatment of arbitration practice in business-to-business settings and consumer or employment scenarios. Access to 100 interviews with arbitration leaders. An overview of the many forms of arbitration, and the flexibility inherent in arbitration as a consensual dispute resolution process. Unique treatment of mixed mode scenarios involving forms of interplay between arbitration and mediation or negotiation.
Book Synopsis NAFTA Chapter Eleven Reports: Primary materials by : Charles H. Brower
Download or read book NAFTA Chapter Eleven Reports: Primary materials written by Charles H. Brower and published by Kluwer Law International B.V.. This book was released on 2006-01-01 with total page 774 pages. Available in PDF, EPUB and Kindle. Book excerpt: This initial volume collects and thoroughly indexes selected primary documents essential to a full understanding of the adjudications contained in subsequent volumes. It is designed to be a convenient, stand-along reference valuable in connection with investor-state arbitrations of all kinds. Among the documents compiled are treaties, arbitration rules, and other legal texts relied upon by arbitrators and parties. The work orders the documents in a logical, user-friendly manner, and includes a detailed index and a full bibliography.
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 Enforcement of Foreign Arbitral Awards and Judgments in New York by : Andreas A. Frischknecht
Download or read book Enforcement of Foreign Arbitral Awards and Judgments in New York written by Andreas A. Frischknecht and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: Merely obtaining a favorable arbitral award or judgment at the end of a dispute holds little value unless the prevailing party is able to enforce it. This book, more thoroughly than any other source, shows practitioners how to navigate the relevant laws in New York—a leading global financial center known for its pro-enforcement policies and the powerful discovery tools it makes available to creditors. No other resource explores the current state of the law in New York as comprehensively as this book. Beyond its sheer practical significance given the likelihood of debtors having assets in (or routing U.S. dollar transactions through) New York, this book provides creditors and their counsel with the critical information they need to define their global enforcement strategy and facilitate their enforcement efforts not only in New York but potentially worldwide. Among the issues and topics that the book tackles are the following: • review of the fundamentals of U.S. practice and procedure for non–New York practitioners; • easy to understand, jargon-free explanation of the often daunting state and federal procedures for enforcement; • up-to-date, clear presentation of the relevant case law, including key state and federal decisions; • explanation of how state and federal laws intersect with international law; • review of significant recent developments impacting a creditor's ability to reach foreign defendants and their assets outside the U.S. in post-judgment execution proceedings; and • comprehensive advice on the practicalities of executing a judgment. Given the critical role New York plays in a host of cross-border transactions and its status as a hub for worldwide judgment and award enforcement, the demand to better understand the laws and judicial system within the state has never been higher. This comprehensive yet practical guide to navigating award and judgment enforcement in New York provides the understanding both the basics and the nuances in this area that is critical for any domestic or international practitioner when advising a client as to the likelihood of collection in or through New York.
Book Synopsis Practitioner's Handbook on International Arbitration and Mediation - Third Edition by : Richard Chernick
Download or read book Practitioner's Handbook on International Arbitration and Mediation - Third Edition written by Richard Chernick and published by Juris Publishing, Inc.. This book was released on 2012-04-01 with total page 1198 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Practitioner's Handbook on International Arbitration and Mediation, 3rd Edition is a unique work with each chapter written by a well-known practitioner and expert in the field. It covers each step of the international arbitration and mediation process and offers separate chapters that summarize the laws of leading arbitral venues. This Handbook is intended to make the reader into a better practitioner or arbitrator/mediator. Moreover, each chapter has been written to provide practical advice and guidance. Unlike many works with multiple authors, this work is not simply a collection of essays on a general subject. This book is a unified work with cross references among the chapters and a consistent format throughout. The Practitioner's Handbook is divided into three parts. Part One describes in detail each step of the international arbitration process and offers tips. Part Two deals with each step and facet of an international mediation. Each of these chapters is filled with Practitioners’ Expert Commentary. Part Three summarizes the laws of leading arbitral jurisdictions, like Hong Kong, England, Switzerland, and France. These chapters give you detailed guidance on the laws governing international arbitration in that particular jurisdiction. As a result, the chapters in Part Three are a bit more technical as the authors realized that the reader would need citations to and commentary on the local arbitration statutes and rules. The CD ROM that accompanies this Work contains relevant original source material that is germane to the text. A review of the table of contents of the material contained on the CD ROM will acquaint you with the range of material covered.
Book Synopsis Suing Foreign Governments and Their Corporations, 2nd Edition by : Joseph Dellapenna
Download or read book Suing Foreign Governments and Their Corporations, 2nd Edition written by Joseph Dellapenna and published by BRILL. This book was released on 2021-10-25 with total page 991 pages. Available in PDF, EPUB and Kindle. Book excerpt: When Suing Foreign Governments and Their Corporations was first published in 1988, one reviewer predicted that it would become the bible for all attorneys litigating such cases. Since then, the book has become the standard work on the intricacies of litigation under the Foreign Sovereign Immunities Act. In the most recent Supreme Court decision applying the Foreign Sovereign Immunities Act, both the majority and the dissent cited the book as the definitive work on the topic.
Book Synopsis The Allocation of Power between Arbitral Tribunals and State Courts by : Alan Scott Rau
Download or read book The Allocation of Power between Arbitral Tribunals and State Courts written by Alan Scott Rau and published by BRILL. This book was released on 2019-03-25 with total page 608 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ultimate question that runs through all of our law of arbitration is the allocation of responsibility between state courts and arbitral tribunals : If private tribunals assume the power to bind others in a definitive fashion, we must ask, where does this authority come from ? Fundamentally different in this respect from a state judge, a private arbitrator may only derive his legitimacy from that exercise of private ordering and self-government which characterizes any voluntary commercial transaction. This work begins then with the dimensions of that “consent” which alone can justify arbitral jurisdiction. The discussion is then carried forward to explore how party autonomy in the contracting process may be expanded, giving rise to the voluntary reallocation of authority between courts and arbitrators. It concludes with the necessary inquiry into the autonomy with respect to the “chosen law” that will govern the agreement to arbitrate itself.
