The UNCITRAL Arbitration Rules in Practice:The Experience of the Iran-United States Claims Tribunal

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Publisher : Springer
ISBN 13 :
Total Pages : 340 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The UNCITRAL Arbitration Rules in Practice:The Experience of the Iran-United States Claims Tribunal by : Stewart Abercrombie Baker

Download or read book The UNCITRAL Arbitration Rules in Practice:The Experience of the Iran-United States Claims Tribunal written by Stewart Abercrombie Baker and published by Springer. This book was released on 1992-07-07 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication is a concise and colourful presentation of the authors' first-hand experience with the remarkable, stormy procedural history of the Iran-U.S. Claims Tribunal in The Hague. Examining each rule in turn, the authors examine the first intent of the UNCITRAL framers, as evident from the travaux preparatoires, and then analyze how the Rules were interpreted, changed and applied at the tribunal. This volume is destined to become a standard reference on the procedural aspects of international commercial arbitration. Parties involved in arbitration, their counsel, and others interested in international practice will treasure this explication of the pitfalls and ambiguities in the real-life application of the Rules, including the role of international political intrigue, in the highly charged atmosphere of multinational proceedings.

The UNCITRAL Arbitration Rules as Interpreted and Applied

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Publisher :
ISBN 13 :
Total Pages : 600 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The UNCITRAL Arbitration Rules as Interpreted and Applied by : Matti Pellonpää

Download or read book The UNCITRAL Arbitration Rules as Interpreted and Applied written by Matti Pellonpää and published by . This book was released on 1994 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Commentary on the Uncitral Arbitration Rules:The Applications by the Iran-U. S. Claims Tribunal

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Publisher : Springer
ISBN 13 : 9789065445902
Total Pages : 0 pages
Book Rating : 4.4/5 (459 download)

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Book Synopsis Commentary on the Uncitral Arbitration Rules:The Applications by the Iran-U. S. Claims Tribunal by : Jacomijn Hof

Download or read book Commentary on the Uncitral Arbitration Rules:The Applications by the Iran-U. S. Claims Tribunal written by Jacomijn Hof and published by Springer. This book was released on 1991-10-16 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a commentary on the UNCITRAL arbitration rules as applied by the Iran-U.S. Claims Tribunal. These UNCITRAL Rules are unique in origin as a result of contributions from representatives from various legal backgrounds, including those from developing countries. This book is a guide to the Tribunal's practice regarding the UNCITRAL Rules. It takes the form of an article-by-article commentary, describing the `travaux preparatoires' some other Rules (ISS and LCIA) and the relevant Tribunal practice. The Tribunal's practice shows the flexibility, workability and completeness of the Rules.

The Iran-U.S. Claims Tribunal at 25

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Author :
Publisher : Oxford University Press
ISBN 13 : 0199774412
Total Pages : 450 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis The Iran-U.S. Claims Tribunal at 25 by : Christopher S. Gibson

Download or read book The Iran-U.S. Claims Tribunal at 25 written by Christopher S. Gibson and published by Oxford University Press. This book was released on 2007-02-28 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Iran-United States Claims Tribunal, which has been called the most significant arbitral body in history, celebrated its 25th anniversary in 2006. As of mid-2005, the Tribunal had issued over 800 awards and decisions--a total of 600 awards (including partial awards and awards on agreed terms), 83 interlocutory and interim awards, and 133 decisions--in resolving almost 3000 cases. The Tribunal's awards have been described as the most important body of international arbitration jurisprudence. The significance of these decisions as persuasive authority is second to none. In this volume, experts in the field identify and comment on the Tribunal awards that are most important for international arbitration; i.e., the cases that everyone needs to know for investor-state and international commercial arbitration. The book approaches the Tribunal's work from a forward-looking perspective with emphasis on the continuing usefulness of awards and decisions issued by the Tribunal in international arbitration practice. In addition to original contributions from an array of eminent authors (all of whom have extensive experience at the Tribunal and/or in investor-State and international arbitration), this book includes excerpts of key awards discussed in the contributions, as well as appendices with foundational documents for the Tribunal. CONTRIBUTORS INCLUDE: · Roger P. Alford, Pepperdine University School of Law, former Legal Assistant, Iran-U.S. Claims Tribunal · David J. Bederman, Emory Law School, former Legal Assistant, Iran-U.S. Claims Tribunal · David D. Caron, C. William Maxeiner Distinguished Professor of Law, University of California, Berkeley, former Legal Assistant, Iran-U.S. Claims Tribunal · Jack J. Coe, Jr. Pepperdine University School of Law, former Legal Assistant, Iran-U.S. Claims Tribunal · Christopher R. Drahozal, John M. Rounds Professor of Law, University of Kansas School of Law; former Legal Assistant, Iran-U.S. Claims Tribunal · Christopher S. Gibson, Suffolk University Law School; former Legal Assistant, Iran-U.S. Claims Tribunal · Mark R. Joelson, Law Office of Mark R. Joelson · Lucinda A. Low, Steptoe & Johnson · Andrea J. Menaker, Office of the Legal Advisor, U.S. Department of State · Sean D. Murphy, George Washington University Law School, former U.S. Agent to the Iran-U.S. Claims Tribunal · Daniel M. Price, Sidley Austin, former Deputy U.S. Agent to the Iran-U.S. Claims Tribunal · Jeffrey F. Pryce, Steptoe & Johnson

The UNCITRAL Arbitration Rules

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Publisher : Oxford University Press
ISBN 13 : 0199696306
Total Pages : 1133 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis The UNCITRAL Arbitration Rules by : David D. Caron

Download or read book The UNCITRAL Arbitration Rules written by David D. Caron and published by Oxford University Press. This book was released on 2013-03-07 with total page 1133 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article-by-article commentary sheds light on the UN Commission on International Trade Law (UNCITRAL) Rules which govern a wide range of arbitrations, including the Iran-US Claims Tribunal and NAFTA disputes. The new edition takes full account of the revised Rules adopted in 2010 and features many extracts from the most important case law.

UNCITRAL Arbitration

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041142193
Total Pages : 668 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis UNCITRAL Arbitration by : Jan Paulsson

Download or read book UNCITRAL Arbitration written by Jan Paulsson and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 668 pages. Available in PDF, EPUB and Kindle. Book excerpt: The UNCITRAL Arbitration Rules have proved instrumental to the effective resolution of transborder, commercial, investment-treaty, and inter-State disputes. This book, by two leading scholars and practitioners whose 2006 joint report began the process that led to the first ever revision of the Arbitration Rules in 2010, and who were key contributors in the revision process at UNCITRAL thereafter, is the only article-by-article commentary of both the generic 2010 Rules and the Transparency Rules of 2013. Extensively referring to the UNCITRAL travaux préparatoires, the book considers: • the principal legislative intent behind each new or revised article – or, in respect of those articles which remain unchanged, the reasons for the absence of revision; • where an article is revised, or entirely new provisions are introduced, an explanation of the issues that the revision intended to address; and • an analysis of the discrete issues that arise in respect of each article. The authors make reference not only to academic literature and case law, but also to other commonly used Arbitration Rules and the practice under those Rules. More than a matchless guide to practice, this deeply informed resource offers a comprehensive understanding of both sets of UNCITRAL Rules. This book serves as the pre-eminent commentary and analysis on the UNCITRAL Arbitration Rules and the Transparency Rules.

Iran-United States Claims Tribunal in Action

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004634592
Total Pages : 403 pages
Book Rating : 4.0/5 (46 download)

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Book Synopsis Iran-United States Claims Tribunal in Action by : Aida B Avanessian

Download or read book Iran-United States Claims Tribunal in Action written by Aida B Avanessian and published by Martinus Nijhoff Publishers. This book was released on 2023-12-04 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Iran-United States Claims Tribunal in Action examines and evaluates the scope of the Tribunal's jurisdiction, its practice and awards in order to discover whether and to what extent it has been successful in settling inter-state, primarily commercial, but also politically charged disputes and whether, as a process, it offers a workable solution for future difficult circumstances of a similar nature. Because of its unique features, such as a private and public law nature, the magnitude of its case-load (ca. 3800 cases) and the diversity of matters brought before it, the Iran-US Claims Tribunal will certainly leave its mark on the international legal community.

Iran-US Claims Tribunal Reports: Volume 40

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Publisher :
ISBN 13 : 1316510905
Total Pages : 1261 pages
Book Rating : 4.3/5 (165 download)

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Book Synopsis Iran-US Claims Tribunal Reports: Volume 40 by : Lee M. Caplan

Download or read book Iran-US Claims Tribunal Reports: Volume 40 written by Lee M. Caplan and published by . This book was released on 2022-03-10 with total page 1261 pages. Available in PDF, EPUB and Kindle. Book excerpt: Makes the Tribunal's most recent work publicly available, including an award resolving a large dispute between Iran and the US.

Law and Practice of International Commercial Arbitration

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Publisher : Sweet & Maxwell
ISBN 13 : 9780421862401
Total Pages : 728 pages
Book Rating : 4.8/5 (624 download)

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Book Synopsis Law and Practice of International Commercial Arbitration by : Alan Redfern

Download or read book Law and Practice of International Commercial Arbitration written by Alan Redfern and published by Sweet & Maxwell. This book was released on 2004 with total page 728 pages. Available in PDF, EPUB and Kindle. Book excerpt: Highly acclaimed by practitioners all over the world, Law & Practice of International Commercial Arbitration has deservedly become the leading text in its field. With its comprehensive review of the legal context within which international commercial arbitration operates, Redfern & Hunter is the ultimate user-friendly explanation of how arbitration, and in particular international commercial arbitration, works. The 4th edition has been expanded to give a wider global scope to the work. Readers can also benefit from the expert insight and advice of world-renowned international practitioners. international practitioner * Contains a comprehensive review of the international commercial arbitration process from start to finish * Includes commentary on suitable places of arbitration, developments in international trade law and the increasing harmonisation of national laws governing international arbitration * Appendices include the major international rules of arbitration and conventions * Explains how arbitration should be conducted to be cost effective and profitable * Fully updated to take account of the latest developments all over the world - including a new chapter on investment arbitrations

The Iran-United States Claims Tribunal

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041106278
Total Pages : 958 pages
Book Rating : 4.1/5 (62 download)

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Book Synopsis The Iran-United States Claims Tribunal by : Charles Nelson Brower

Download or read book The Iran-United States Claims Tribunal written by Charles Nelson Brower and published by Martinus Nijhoff Publishers. This book was released on 1998-02-12 with total page 958 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Iran-United States Claims Tribunal is arguably the most significant arbitral institution of the twentieth century. Although the completion of its last few cases could take a long time, the Tribunal's impressive work must be made available now as a guide to the resolution of ongoing disputes and for future tribunals. The Tribunal has, by this point, disposed of well over 98 percent of its caseload. Little more remains for its participants to learn, but the Tribunal shows no signs of fading away. Both of the two States Parties, for different reasons, see greater advantage in the Tribunal's prolongation than in its elimination. The authors have succeeded in dealing with all of the most deserving Tribunal subjects. Moreover, their intimate involvement in and knowledge of the Tribunal ensure that their book is a fascinating, important, and indispensable contribution to the literature of International Law. This is a definitive book on a monumental event in the law and in history at the close of a century. "The Iran-United States Claims Tribunal" was awarded the ASIL Certificate of Merit.

The International Law Character of the Iran-United States Claims Tribunal

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004635246
Total Pages : 448 pages
Book Rating : 4.0/5 (46 download)

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Book Synopsis The International Law Character of the Iran-United States Claims Tribunal by : Mohsen Mohebi

Download or read book The International Law Character of the Iran-United States Claims Tribunal written by Mohsen Mohebi and published by Martinus Nijhoff Publishers. This book was released on 2023-09-20 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: Determining whether the Iran-US Claims Tribunal (the Tribunal) is a truly public international tribunal is not merely an interesting theoretical exercise. The Tribunal's legal character has significant ramifications, for example on enforceability at the international level, the applicability and scope of res judicata regarding dismissed claims, and the evidentiary value of its jurisprudence, particularly pursuant to Article 38(1) of the ICJ statute. This title explores the legal character of the Tribunal and its status under the law of peaceful settlement of international disputes. The public or private nature of the Tribunal is a matter of significant controversy. Certain peculiarities of the Tribunal, namely its accessibility to private claimants, the exclusion of the exhaustion of local remedy rule, and the regime provided for the execution of its awards suggests that it is not, in fact, wholly public. Conversely, the author analyses the Tribunal under a three-part test for public international character - (1) international treaty as origin, (2) applicable law international in nature, (3) controlling parties subject to international law - and finds that it meets all three criteria. In doing so, the author admittedly counters the apparent position of the Tribunal itself that its nature is a hybrid of both public and private elements. The International Law Character of the Iran-United States Claims Tribunal includes: - a historical survey on international tribunals; an analysis of the adverse arguments; and - a detailed discussion of the Tribunal's practice on expropriation cases to give a concrete example of its functioning on international law level, is considered in detail in Part Three. The controversial nature of the author's thesis, the thoroughness of the analysis, and the importance of the Tribunal itself make this a book of interest and import for academics who keep abreast of international law developments.

Iran-US Claims Tribunal Reports: Volume 39

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Publisher :
ISBN 13 : 110883079X
Total Pages : 775 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis Iran-US Claims Tribunal Reports: Volume 39 by : Lee M. Caplan

Download or read book Iran-US Claims Tribunal Reports: Volume 39 written by Lee M. Caplan and published by . This book was released on 2020-11-05 with total page 775 pages. Available in PDF, EPUB and Kindle. Book excerpt: Makes the last nine years of the Tribunal's work publicly available, including decisions and detailed pleadings in arbitrator challenges.

The Iran-United States Claims Tribunal

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Publisher : BRILL
ISBN 13 : 9780792306337
Total Pages : 370 pages
Book Rating : 4.3/5 (63 download)

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Book Synopsis The Iran-United States Claims Tribunal by : Rahmatullah Khan

Download or read book The Iran-United States Claims Tribunal written by Rahmatullah Khan and published by BRILL. This book was released on 1990-01-01 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: The record of the International Court of Justice & its predecessor, the old Permanent Court of International Justice, extends back now for about three quarters of a century. During that time the Court has been transformed from a Western (Eurocentric) tribunal in terms both of its judges & also the disputes it was called on to resolve, to an institution broadly representative of the layered, pluralistic world community of today. This is reflected in the fiercely contested battles for election to the Court or the regular triennial elections, & also in the angry denunciations of the Court as a 'political' tribunal rendering 'political' decisions, launched by some national foreign Ministry spokesmen in reaction to Court judgments involving their own states or what they consider as their own vital interests. Within the Court's ranks in recent years there has been a marked philosophical division between those judges (usually from Western or Western-influenced states) who have sought to maintain traditional positivist, strict construction ('neutral') approaches, & those who would in American legal Realist-style, essay a more frankly critical, liberal activist role in the up-dating or re-making of old legal doctrines inherited from earlier eras in international relations. The intellectual-legal conflicts within the Court are canvassed in some of the major political-legal cases of recent years ( South West Africa & Namibia; Nuclear Tests; Western Sahara; Nicaragua v. US ). The contemporary role of the Court & its relation to & cooperation with other principal United Nations (especially the General Assembly) organs, in World Community problem-solving, are fully explored, in terms of the potential problems but also the opportunities & challenges for the Court & its judges today in an historical era of transition & rapid change in the World Community.

Applicable Law in International Arbitration - the Experience of ICSID and Iran-United States Claims Tribunal

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Publisher : Studien zum vergleichenden und internationalen Recht / Comparative and International Law Studies
ISBN 13 : 9783631775042
Total Pages : 0 pages
Book Rating : 4.7/5 (75 download)

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Book Synopsis Applicable Law in International Arbitration - the Experience of ICSID and Iran-United States Claims Tribunal by : Niki Nozari

Download or read book Applicable Law in International Arbitration - the Experience of ICSID and Iran-United States Claims Tribunal written by Niki Nozari and published by Studien zum vergleichenden und internationalen Recht / Comparative and International Law Studies. This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study aims to examine the substantive applicable law in different arbitral tribunals, especially the ICSID and the Iran-US Claims Tribunal. Additionally it examines the role of international law and whether it has supremacy over national laws. To that end, this publication is mainly based on case studies, the most cited ICSID and Iran-US Claims Tribunal cases. Furthermore, it addresses scientific works on this topic with regard to various arbitration rules and in particular to the applicable law.

The Iran-United States Claims Tribunal

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Publisher : Manchester University Press
ISBN 13 : 9780719037900
Total Pages : 428 pages
Book Rating : 4.0/5 (379 download)

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Book Synopsis The Iran-United States Claims Tribunal by : Wayne Mapp

Download or read book The Iran-United States Claims Tribunal written by Wayne Mapp and published by Manchester University Press. This book was released on 1993 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: An assessment of the Tribunal's jurisprudence and its contribution to international arbitration. The Tribunal was set up as part of the resolution of the hostage crisis to settle property claims between the two states and their nationals arising from the Iranian revolution. The normal mechanisms for such situations were politically unacceptable to both parties, so an international tribunal was established controlled by independent arbitrators. The analysis focuses on two themes: how the tribunal has applied international law to the issues before it; and the extent to which it is recognized as an international arbitral body and its awards are enforced by municipal courts. Distributed in the US by St. Martin's Press. Annotation copyright by Book News, Inc., Portland, OR

Iran-United States Claims Tribunal in Action

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Publisher : Springer
ISBN 13 :
Total Pages : 440 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Iran-United States Claims Tribunal in Action by : Aida Avanessian

Download or read book Iran-United States Claims Tribunal in Action written by Aida Avanessian and published by Springer. This book was released on 1993-03-26 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The present work examines the Tribunal's work from 19 January, 1982 to July 1991"--Preface.

The Iran-United States Claims Tribunal

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Author :
Publisher : Brill Nijhoff
ISBN 13 :
Total Pages : 424 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Iran-United States Claims Tribunal by : American Society of International Law

Download or read book The Iran-United States Claims Tribunal written by American Society of International Law and published by Brill Nijhoff. This book was released on 1998 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written for lawyers and other legal scholars, this book may be tough slogging for nonspecialists but is worth the effort. A fair and judicious presentation of the tribunal's work, it demonstrates how the fallout from even the most explosive interstate confrontations can be cleaned up, in part and post facto. Foreign Affairs, July/August 1998 Published under the Transnational Publishers imprint.