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Twilight Issues In International Arbitration
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Book Synopsis Twilight Issues in International Arbitration by : George Bermann
Download or read book Twilight Issues in International Arbitration written by George Bermann and published by Kluwer Law International B.V.. This book was released on 2023-03-09 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: There are many issues of arbitral practice that remain largely unaddressed, or very poorly addressed, in the sources to which tribunals and counsel conventionally turn for procedural guidance: the arbitration agreement, the lex arbitri and rules of procedure. This book brings together the most frequently recurring of such “twilight” issues—so-called because all participants in the arbitral process, when facing them, find themselves “in the dark”—showing in each case where it is best for arbitrators, counsel, and parties to look for solutions offering logic, certainty and predictability. The issues ably covered by the author include, among others, the following: Is a non-signatory bound by or entitled to invoke an arbitration agreement? When may res judicata or collateral estoppel subject? Should a tribunal issue an anti-suit injunction? When may a tribunal treat as mandatory a law other than the chosen one? On what basis may a witness invoke testimonial privilege? When may a tribunal sanction counsel for what it considers misconduct? By what standards is a determination of corruption to be made? How should a tribunal determine the interest rate applicable to an award? On what basis are costs to be allocated? Examining in turn the guidance that may be provided by normative sources—national law (and if so, which one?), simple exercise of good judgment, or “international standards” derived from soft law, arbitral jurisprudence, international law, and scholarly and professional commentary—the analysis clearly shows how, when conventional sources of legal guidance are unavailing, decisions on important matters of arbitral practice and procedure are best made. The book will prove of major relevance and value to any and all stakeholders in the international arbitral process, whether commercial or investor-state.
Book Synopsis Contemporary Issues in International Arbitration and Mediation by : Arthur W. Rovine
Download or read book Contemporary Issues in International Arbitration and Mediation written by Arthur W. Rovine and published by Martinus Nijhoff Publishers. This book was released on 2012-07-25 with total page 507 pages. Available in PDF, EPUB and Kindle. Book excerpt: These are the 2011 Fordham papers, the fifth annual volume of papers on international arbitration and mediation taken from the conference held at the Fordham Law School in New York City. The papers focus on both practical considerations and scholarly analyses.
Book Synopsis Contemporary Issues in International Arbitration and Mediation by : Arthur W. Rovine
Download or read book Contemporary Issues in International Arbitration and Mediation written by Arthur W. Rovine and published by Martinus Nijhoff Publishers. This book was released on 2011-08-11 with total page 565 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2010 volume of Contemporary Issues in International Arbitration and Mediation - The Fordham Papers is a collection of important works in the field written by the speakers at the 2010 Fordham Law School Conference on International Arbitration and Mediation.
Book Synopsis Contemporary Issues in International Arbitration and Mediation 2008 by : Arthur W. Rovine
Download or read book Contemporary Issues in International Arbitration and Mediation 2008 written by Arthur W. Rovine and published by BRILL. This book was released on 2009 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2008 volume of Contemporary Issues in International Arbitration and Mediation - The Fordham Papers is a collection of important works in international arbitration and mediation written by the prominent speakers at the 2008 Fordham Law School Conference on International Arbitration and Mediation. The 24 papers are organized into the following six parts: Part I: Investor-State Arbitration Part II: Recent Significant Domestic Judicial Decisions Involving or Potentially Involving International Arbitration Part III: Class Actions and Consolidation in International Arbitration Part IV: Intellectual Property and Information Technology Issues in International Arbitration Part V: Mediation: Issues, Solutions, and Expanding Applications.
Book Synopsis Contemporary Issues in International Arbitration and Mediation by : Arthur W. Rovine
Download or read book Contemporary Issues in International Arbitration and Mediation written by Arthur W. Rovine and published by BRILL. This book was released on 2008 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2007 volume of Contemporary Issues in International Arbitration and Mediation - The Fordham Papers is a collection of important works in international arbitration and mediation written by the prominent speakers at the 2007 Fordham Law School Conference on International Arbitration and Mediation. The 24 papers are organized into the following five parts:Part I: Investor-State ArbitrationPart II: Conduct of International Arbitration and Jurisdictional IssuesPart III: Remedies and DefensesPart IV: Ethics Issues in International ArbitrationPart V: Mediation
Book Synopsis Contemporary Issues in International Arbitration and Mediation: The Fordham Papers 2015 by : Arthur W. Rovine
Download or read book Contemporary Issues in International Arbitration and Mediation: The Fordham Papers 2015 written by Arthur W. Rovine and published by BRILL. This book was released on 2016-12-15 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2015 volume of Contemporary Issues in International Arbitration and Mediation: The Fordham Papers is a collection of important works in the field written by the speakers at the 2015 Fordham Law School Conference on International Arbitration and Mediation.
Book Synopsis International Arbitration by : Stephen M. Schwebel
Download or read book International Arbitration written by Stephen M. Schwebel and published by Cambridge University Press. This book was released on 2020-01-23 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: The vitality or, alternatively, vitiation of the international arbitral process remains a pressing subject. The explosion of inter-State, investor-State, and international commercial arbitration in recent years magnifies the importance of the subject. This second edition combines the historical analysis of the first edition with a survey of the continued salience and contemporary developments for each of the three problems identified: (i) the severability of the arbitration agreement; (ii) denial of justice (and now other possible breaches of international law) by governmental negation of arbitration; and (iii) the authority of truncated international arbitral tribunals. The international arbitral process continues to be fortified against unilateral attempts to derail it and, to that end, this book will be a valuable guide for practitioners and scholars alike.
Book Synopsis Contemporary Issues in International Arbitration and Mediation: The Fordham Papers (2013) by : Arthur W. Rovine
Download or read book Contemporary Issues in International Arbitration and Mediation: The Fordham Papers (2013) written by Arthur W. Rovine and published by Martinus Nijhoff Publishers. This book was released on 2014-10-06 with total page 579 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2013 volume of Contemporary Issues in International Arbitration and Mediation: The Fordham Papers 2013 is a collection of important works in the field written by the speakers at the 2013 Fordham Law School Conference on International Arbitration and Mediation, held in New York.
Book Synopsis International Arbitration and Private International Law by : George A. Bermann
Download or read book International Arbitration and Private International Law written by George A. Bermann and published by BRILL. This book was released on 2017-05-15 with total page 648 pages. Available in PDF, EPUB and Kindle. Book excerpt: No field of legal scholarship or practice operates in the world of private international law as continuously and pervasively as does international arbitration, commercial and investment alike. Arbitration’s dependence on private international law manifests itself throughout the life-cycle of arbitration, from the crafting of an enforceable arbitration agreement, through the entire arbitral process, to the time an award comes before a national court for annulment or for recognition and enforcement. Thus international arbitration provides both arbitral tribunals and courts with constant challenges. Courts may come to the task already equipped with longstanding private international law assumptions, but international arbitrators must largely find their own way through the private international law thicket. Arbitrators and courts take guidance in their private international law inquiries from multiple sources: party agreement, institutional rules, treaties, the national law of competing jurisdictions and an abundance of “soft law”, some of which may even be regarded as expressing an international standard. In a world of this sort, private international law resourcefulness is fundamental.
Book Synopsis International Dispute Resolution:Towards an International Arbitration Culture by : A. J. van den Berg
Download or read book International Dispute Resolution:Towards an International Arbitration Culture written by A. J. van den Berg and published by Springer. This book was released on 1998-03-06 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: In ICCA's eighth Congress Series, international experts, professionals and practitioners in the field of arbitration examine the topic of the culture of international arbitration. ICCA's 1996 Seoul Conference, hosted by the Korean Commercial Arbitration Board, addressed four questions: is there a growing international arbitration culture? is there an expanding culture that favours combining arbitration, conciliation or other dispute resolution procedures? to what extent do arbitrators in international cases disregard the bag and baggage of national systems? and when and where do national courts reflect an international culture when deciding issues relating to international arbitration'.
Book Synopsis SPECIALIZED ARBITRATION: EMERGING INTERNATIONAL TRENDS AND PRACTICES by : Chirag Balyan
Download or read book SPECIALIZED ARBITRATION: EMERGING INTERNATIONAL TRENDS AND PRACTICES written by Chirag Balyan and published by Thomson Reuters. This book was released on 2022-01-01 with total page 530 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Finances in International Arbitration by : Sherlin Tung
Download or read book Finances in International Arbitration written by Sherlin Tung and published by Kluwer Law International B.V.. This book was released on 2019-11-26 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: Finances in International Arbitration Liber Amicorum Patricia Shaughnessy Edited by Sherlin Tung, Fabricio Fortese & Crina Baltag Costs of arbitration has always been a main concern in international arbitration. It is a topic most often discussed and analyzed. In spite of the recent developments in thirdparty funding regulations as well as other mechanisms made available to users of arbitration to reduce costs, the topic remains a key focus for users of arbitration. As the founder of the world’s leading international commercial arbitration Master’s programme, Dr Patricia Shaughnessy is a huge advocate of communicating recent and important developments in international arbitration and has written and spoken extensively on such matters. Over twenty-five renowned practitioners and academics worldwide, who have been influenced by Dr Shaughnessy, explore this much-debated topic on the occasion of her 65th birthday. The contributions in this dedication to Dr Shaughnessy’s legacy look at issues such as the following: costs arising out of Third-Party Funding; costs of court proceedings versus arbitration proceedings; fee arrangements with legal counsel; costs of commercial versus investment arbitration; how to deal with in-house costs in international arbitration; impact of tribunal secretaries in international arbitration; cost sanctions in international arbitration; damages in international arbitration. The analysis and views offered by leading scholars and practitioners on current day issues arising out of costs of arbitration will offer readers a unique perspective on various aspects of the finances involved in arbitration. This book will provide insightful thoughts and practical guidance for academics and practitioners in the field of international arbitration.
Book Synopsis Contemporary Issues in International Arbitration and Mediation by : Arthur W. Rovine
Download or read book Contemporary Issues in International Arbitration and Mediation written by Arthur W. Rovine and published by BRILL. This book was released on 2010 with total page 1 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contemporary Issues in International Arbitration and Mediation - The Fordham Papers 2009 is the third annual volume of papers on international arbitration and mediation written by leading figures in the field who spoke at the 2009 Fordham Law School Conference on International Arbitration, held at Fordham in New York City on June 15-16, 2009. The 25 papers are organized into six parts that address investor-state arbitration, arbitrator ethics, damages in international commercial arbitration, the theory and philosophy of international arbitration, investor-state mediation and mediation in the context of arbitration The papers focus on both practical considerations and scholarly analyses.
Book Synopsis Contemporary Problems in International Arbitration by : Julian Lew
Download or read book Contemporary Problems in International Arbitration written by Julian Lew and published by Springer. This book was released on 2014-03-14 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: The establishment of a School of International Arbitration was a sufficiently important occurrence to have brought to London, for its inaugural conference, most of the world's leading experts on international arbitration. The three-day Symposium on March 25-27, 1985 sought to identify and consider the It was not the aim contemporary problems affecting international arbitration. of the Symposium to develop, propose or agree solutions to these problems, but rather to discuss the issues and alternative solutions. The success of the School will be measured in the future by its contribution, through research and teaching, to the development of solutions to the difficulties and uncertainties which reduce the effectiveness of international arbitration agreements and awards and the conduct of international arbitral proceedings. This book reproduces the papers presented at the Symposium (amended and varied by several contributors). It is not considered appropriate here to comment on or analyse paper by paper the ideas presented or discussions which ensued. However, it would be appropriate to make reference to specific developments in the short period since the Symposium directly relevant to the papers reproduced and the discussions which ensued. The pertinence of the subject-matter selected becomes clear from these subsequent developments.
Book Synopsis The Oxford Handbook of International Arbitration by : Thomas Schultz
Download or read book The Oxford Handbook of International Arbitration written by Thomas Schultz and published by Oxford University Press, USA. This book was released on 2020-06-30 with total page 1025 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Handbook offers academics and practitioners a one-stop-shop entry into the subject of international arbitration, and the ways in which it is discussed today.
Book Synopsis Conservatory and Provisional Measures in International Arbitration by : International Chamber of Commerce. Court of Arbitration
Download or read book Conservatory and Provisional Measures in International Arbitration written by International Chamber of Commerce. Court of Arbitration and published by . This book was released on 1993 with total page 134 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis International Commercial Arbitration by : Mark Huleatt-James
Download or read book International Commercial Arbitration written by Mark Huleatt-James and published by . This book was released on 1996 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt:
