Arbitration Law of Pakistan

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9403517107
Total Pages : 486 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Arbitration Law of Pakistan by : Ikram Ullah

Download or read book Arbitration Law of Pakistan written by Ikram Ullah and published by Kluwer Law International B.V.. This book was released on 2021-06-18 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt: Driven to a significant extent by Pakistan’s rapidly growing status in trade and economic partnerships – in particular considering the country’s role in the China and Pakistan Economic Corridor (CPEC) – interest in Pakistan’s dispute settlement regime is on the rise. This ground-breaking book, by Pakistan’s best-known arbitrator, practitioner, and legal scholar, is the first in any language to provide in-depth coverage of all significant topics of Pakistani law on both domestic and foreign arbitration, ranging from drafting of the arbitration agreement to the enforcement of arbitral awards. With comprehensive coverage of Pakistani statutes and case law affecting arbitration and bilateral investment treaties (BITs), the author describes and analyses such issues and topics as the following: concepts of separability, arbitrability, and competence-competence; rules governing the conclusion, interpretation, and enforcement of arbitration agreements; grounds on which courts assume jurisdiction; legal issues pertaining to the stay of court proceedings in relation to both domestic and foreign arbitration; constitution of arbitral tribunals; interim measures; judicial review of both domestic and foreign arbitral awards; and available remedies of appeal and revision. Positioned to become the preeminent authority on the arbitration law of Pakistan, this book will be welcomed not only by Pakistani practitioners, arbitrators, judges, students, and academics as the first practical guide to arbitration practice and procedure in their country but also by foreign practitioners approaching Pakistani courts seeking interim measures and enforcement of arbitration agreements and arbitral awards. In addition, both domestic and foreign businessmen will discover clear paths to well-informed decisions on investment and commercial issues involving Pakistan.

Law and Practice of Foreign Arbitration and Enforcement of Foreign Arbitral Awards in Pakistan

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Author :
Publisher : Springer Science & Business Media
ISBN 13 : 3642327443
Total Pages : 60 pages
Book Rating : 4.6/5 (423 download)

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Book Synopsis Law and Practice of Foreign Arbitration and Enforcement of Foreign Arbitral Awards in Pakistan by : Ahmad Ali Ghouri

Download or read book Law and Practice of Foreign Arbitration and Enforcement of Foreign Arbitral Awards in Pakistan written by Ahmad Ali Ghouri and published by Springer Science & Business Media. This book was released on 2012-10-31 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt: Pakistan has recently reformed its arbitration laws and laws on the recognition and enforcement of foreign arbitration agreements and awards. These reforms relate to both international commercial and investment arbitration. This book highlights the changes brought about by the recent enactments and explains the relationships between the old and new legislation. It provides a detailed and up-to-date analysis of Pakistani case law on foreign arbitration agreements and awards. Part I describes the background of arbitration laws in Pakistan. Part II explains the applicable substantive and procedural rules for the recognition and enforcement of foreign arbitration agreements and awards and other important issues, such as the severability of arbitration clauses from main agreements, questions of public policy, and interim measures supporting foreign arbitration. Part III analyses the recent enactments that implement the New York and the ICSID Conventions in Pakistan.

The Arbitration Laws

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Publisher :
ISBN 13 :
Total Pages : 420 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Arbitration Laws by : Merajuddin Farani

Download or read book The Arbitration Laws written by Merajuddin Farani and published by . This book was released on 1971 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Interim Measures in Arbitration Under the Pakistani Legal Regime

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Publisher :
ISBN 13 :
Total Pages : 20 pages
Book Rating : 4.:/5 (13 download)

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Book Synopsis Interim Measures in Arbitration Under the Pakistani Legal Regime by : Ikram Ullah

Download or read book Interim Measures in Arbitration Under the Pakistani Legal Regime written by Ikram Ullah and published by . This book was released on 2015 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the reasons for the failure of arbitration in Pakistan is the inefficacious law on interim measures. A party can get these measures from court only after the commencement of requisite proceedings and after following a very lengthy procedure in an environment where the courts have tendency to go into the merits of dispute at this preliminary stage. The new proposed law on arbitration should not only remove these lacunae in the present law but should also modernize the arbitration law in Pakistan by giving the arbitrator power to issue an ex parte interim measures also enforceable against the non-parties. Since, the conferral of such powers to a private person, who is not appointed as a judge by state, is not new in Pakistan, it is suggested to incorporate in the new proposed law the amendments in the United Nations Commission on International Trade Law (UNCITRAL) Model Law regarding the interim measures as were made in 2006 because that is also compatible to the Pakistani legal culture.

Fundamentals of International and Domestic Arbitration

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Publisher :
ISBN 13 : 9789698372484
Total Pages : 982 pages
Book Rating : 4.3/5 (724 download)

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Book Synopsis Fundamentals of International and Domestic Arbitration by : Komal Anwar

Download or read book Fundamentals of International and Domestic Arbitration written by Komal Anwar and published by . This book was released on 2019 with total page 982 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Substantive Law in Investment Treaty Arbitration

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041161104
Total Pages : 328 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Substantive Law in Investment Treaty Arbitration by : Monique Sasson

Download or read book Substantive Law in Investment Treaty Arbitration written by Monique Sasson and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new edition of what has rapidly become the pre-eminent work on the role of municipal law in investment treaty arbitration is justified not only by the accelerating appearance of investment treaty awards but also by the continuing, serious flaws in the application of international law by investment treaty arbitral tribunals. As a matter of international law, arbitrators need to be attentive to the circumstances where municipal law supplies the necessary substantive legal rule. They will find this book to be the best guide to this complex challenge. The author has maintained the overall structure of the first edition and added a new chapter on Article 42 of the ICSID Convention. Certain descriptions and arguments have been rethought and revised to clarify their significance and their applicability. The treatment focuses on the role of municipal law in providing the substance for concepts such as contracts, property rights, and shareholders’ rights, which are relevant in the international investment treaty context but are not regulated under international law. Among the complex questions considered are the following: - If the application of international law requires a renvoi to municipal law, how should that renvoi be conducted? - In investment disputes, what role, if any, should municipal law have in assessing State attribution under international law? - Should shareholders receive compensation for damages suffered by their company due to a violation of an international obligation vis-à-vis the company? - Does a contractual right exist to foreign investment ‘property’? - Under what conditions may a violation of municipal law become internationally wrongful? - May foreign investors rely on ‘expectations’ as an autonomous source of rights in investment treaty disputes? - Does an alleged breach of an umbrella clause transform a breach of contract claim covered by municipal law into an international law claim? The chapters answer these and many other questions in extraordinary depth, drawing on detailed analyses of the issues and implications posed by major relevant cases and arbitral decisions. The author’s analysis of the unavoidable interaction of municipal law and international law in investment treaty arbitration – and the consequences stemming from rejecting the application of municipal law when relevant – will continue to prove of immeasurable value to arbitrators, arbitration counsel, corporate counsel, and scholars of international law.

Law and Practice of Foreign Arbitration and Enforcement of Foreign Arbitral Awards in Pakistan

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Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis Law and Practice of Foreign Arbitration and Enforcement of Foreign Arbitral Awards in Pakistan by : Dr Ahmad Ghouri

Download or read book Law and Practice of Foreign Arbitration and Enforcement of Foreign Arbitral Awards in Pakistan written by Dr Ahmad Ghouri and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Pakistan has recently made extensive reforms of its arbitration laws, which relate to both international commercial and investment arbitration. These reforms amend laws on the recognition and enforcement of foreign arbitration agreements and awards in Pakistan and aim to modernize the applicable laws as well as fulfil Pakistan's obligations under the New York and the ICSID Conventions. This is the first book to present a comprehensive picture of international arbitration from a Pakistani perspective. It explains the relationship of old and new Pakistani arbitration laws and elaborates the changes brought about by the new enactments and gives an in-depth and up-to-date analysis of Pakistani case law dealing with foreign arbitration agreements and awards and provides detailed account of the transition that foreign arbitration laws went through since the independence of Pakistan in 1947. Part (I) describes the background of foreign arbitration laws in Pakistan. Part (II) explains, in the light of case law, the applicable substantive and procedural rules that different enactments provide for the recognition and enforcement of foreign arbitration agreements and awards in Pakistan. Discussion on how Pakistani courts deal with important questions such as severability of arbitration clause from main agreement, public policy issues relating to foreign arbitration, and interim measures aiding foreign arbitration are also included in this part. Part (III) analyses recent enactments that implement the New York and the ICSID Conventions in Pakistan, and explains the changes brought about by these enactments in the existing foreign arbitration regime.This concise book is designed to meet the needs of a practitioner, student or business person to obtain an understanding of Pakistani arbitration laws quickly. The book is compact and readable, but comprehensive in its coverage, and discusses and analyses the most recent developments in Pakistani arbitration laws, rules and procedures.

International Arbitration: Law and Practice in Switzerland

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Publisher : Oxford University Press
ISBN 13 : 0191669199
Total Pages : 732 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis International Arbitration: Law and Practice in Switzerland by : Gabrielle Kaufmann-Kohler

Download or read book International Arbitration: Law and Practice in Switzerland written by Gabrielle Kaufmann-Kohler and published by Oxford University Press. This book was released on 2015-10-22 with total page 732 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book expounds the theory of international arbitration law. It explains in easily accessible terms all the fundamentals of arbitration, from separability of the arbitration agreement to competence-competence over procedural autonomy, finality of the award, and many other concepts. It does so with a focus on international arbitration law and jurisprudence in Switzerland, a global leader in the field. With a broader reach than a commentary of Chapter 12 of the Swiss Private International Law Act, the discussion contains numerous references to comparative law and its developments in addition to an extensive review of the practice of international tribunals. Written by two well-known specialists - Professor Kaufmann-Kohler being one of the leading arbitrators worldwide and Professor Rigozzi one of the foremost experts in sports arbitration - the work reflects many years of experience in managing arbitral proceedings involving commercial, investment, and sports disputes. This expertise is the basis for the solutions proposed to resolve the many practical issues that may arise in the course of an arbitration. It also informs the discussion of the arbitration rules addressed in the book, from the ICC Arbitration Rules to the Swiss Rules of International Arbitration, the CAS Code, and the UNCITRAL Rules. While the book covers commercial and sports arbitrations primarily, it also applies to investment arbitrations conducted under rules other than the ICSID framework.

Manual of Arbitration Laws in Pakistan

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Publisher :
ISBN 13 :
Total Pages : 1153 pages
Book Rating : 4.:/5 (21 download)

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Book Synopsis Manual of Arbitration Laws in Pakistan by : Pakistan

Download or read book Manual of Arbitration Laws in Pakistan written by Pakistan and published by . This book was released on 2009 with total page 1153 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Arbitration and Contract Law in SAARC Countries with Case Law on UNCITRAL Model Law

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Publisher :
ISBN 13 :
Total Pages : 394 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Arbitration and Contract Law in SAARC Countries with Case Law on UNCITRAL Model Law by : G. K. Kwatra

Download or read book Arbitration and Contract Law in SAARC Countries with Case Law on UNCITRAL Model Law written by G. K. Kwatra and published by . This book was released on 2004 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Pervasive Problems in International Arbitration

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041124500
Total Pages : 418 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Pervasive Problems in International Arbitration by : Loukas A. Mistelis

Download or read book Pervasive Problems in International Arbitration written by Loukas A. Mistelis and published by Kluwer Law International B.V.. This book was released on 2006-01-01 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This important book will be of great interest to arbitration lawyers, international lawyers and business people, as well as to academics, libraries, and students of dispute resolution."--Publisher's website.

Enforcement of Foreign Arbitral Awards and the Public Policy Exception

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Publisher : Springer Nature
ISBN 13 : 9811626340
Total Pages : 194 pages
Book Rating : 4.8/5 (116 download)

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Book Synopsis Enforcement of Foreign Arbitral Awards and the Public Policy Exception by : Bruno Zeller

Download or read book Enforcement of Foreign Arbitral Awards and the Public Policy Exception written by Bruno Zeller and published by Springer Nature. This book was released on 2021-07-22 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book presents arguments derived from primary sources related to international arbitration in South Asian jurisdictions, a list of the same is made available therein. The book is a research statement on the contemporary concerns within international commercial arbitration, especially related to enforcement of foreign arbitral awards. Importantly, the book through a unique methodology of interface, presents the gratuitous nature of Article 34 of the UNCITRAL Model Law when read with Article V of the New York Convention, especially the plea to the States within Article VII of the same Convention to ease the restrictions and the process of enforceability of foreign arbitral awards. The book also articulates another important and immediate need with regard to international arbitration – the delimitation of public policy exception to recognition and enforcement of foreign arbitral awards. It critiques the jurisprudence related to arbitration in jurisdictions spread across different geographic regions, thereby enabling the reader to gain an insight into their practices, apart from ensuring a comparative perspective. The book addresses the primary concern related to international arbitration – enforcement of foreign arbitral awards and the grounds for challenges articulated within the New York Convention and the UNCITRAL Model Law. It addresses these grounds, and articulates the necessity for carving the criteria for the application of public policy exception. The book will not only be a useful resource for policy makers, students and researchers interested in international commercial arbitration, and private international law, but also for practitioners working on dispute resolution in trans-jurisdictional disputes in South Asia and beyond. “...The present book is not just another book contributing to the endless list of literature already widely used in International Commercial Arbitration on public policy but, in my opinion, is unique in many respects. The distinguishing factor of this book is its regional perspective..." - Justice Deepak Verma, Former Judge of Supreme Court of India and Arbitrator “...This book addresses this core element of the success story of arbitration: enforcement and refusal to enforce and, hence, its relevance cannot be overstated...” - Csongor István Nagy, Professor of Law and Head, Department of Private International Law, University of Szeged, Hungary Detailed Forewords are available in the book and can be freely downloaded from https://link.springer.com/book/10.1007/978-981-16-2634-0

Arbitration Law

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Publisher :
ISBN 13 : 9780414067240
Total Pages : 589 pages
Book Rating : 4.0/5 (672 download)

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Book Synopsis Arbitration Law by : Arran Dowling-Hussey

Download or read book Arbitration Law written by Arran Dowling-Hussey and published by . This book was released on 2018 with total page 589 pages. Available in PDF, EPUB and Kindle. Book excerpt:

International Arbitration: Law and Practice

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9403532548
Total Pages : 627 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis International Arbitration: Law and Practice by : Gary B. Born

Download or read book International Arbitration: Law and Practice written by Gary B. Born and published by Kluwer Law International B.V.. This book was released on 2021-06-07 with total page 627 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Arbitration: Law and Practice (Third Edition) provides comprehensive and authoritative coverage of the basic principles and legal doctrines, and the practice, of international arbitration. The book contains a systematic, but concise, treatment of all aspects of the arbitral process, including international arbitration agreements, international arbitral proceedings and international arbitral awards. The Third Edition guides both students and practitioners through the entire arbitral process, beginning with drafting, enforcing and interpreting international arbitration agreements, to selecting arbitrators and conducting arbitral proceedings, to recognizing, enforcing and seeking to annul arbitral awards. The book is written in clear, accessible language, suited for both law students and non-specialist practitioners, as well as more experienced readers. This highly regarded work addresses both international commercial arbitration and the related fields of investment and state-to-state arbitration and is essential reading for any student of international arbitration and any practitioner seeking a complete introduction to the field. The Third Edition has been comprehensively updated to include recent legislative amendments, judicial decisions and arbitral awards. Among other things, the book provides detailed treatment of the New York Convention, the UNCITRAL Model Law on International Commercial Arbitration, all leading institutional arbitration rules (including ICC, SIAC, LCIA, AAA and others), the ICSID Convention and ICSID Arbitration Rules, and judicial decisions from leading jurisdictions. The Third Edition is integrated with the author’s classic International Commercial Arbitration and with the online Born International Arbitration Lectures, enabling students, teachers and practitioners to explore particular topics in more detail. About the Author: Gary B. Born is the world’s leading authority on international arbitration and litigation. He has practiced extensively in both fields in Europe, the United States, Asia and elsewhere. He is the author of International Commercial Arbitration (Kluwer Law International 3rd ed. 2021), International Arbitration and Forum Selection Agreements: Drafting and Enforcing (Kluwer Law International 6th ed. 2021), International Commercial Arbitration: Cases and Materials (Aspen 3rd ed. 2021) and International Civil Litigation in United States Courts (Aspen 6th ed. 2018).

Manual of Arbitration Laws in Pakistan

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Publisher :
ISBN 13 :
Total Pages : 1158 pages
Book Rating : 4.:/5 (767 download)

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Book Synopsis Manual of Arbitration Laws in Pakistan by : Mian Abdul Ghaffar

Download or read book Manual of Arbitration Laws in Pakistan written by Mian Abdul Ghaffar and published by . This book was released on 2011 with total page 1158 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Arbitration in Egypt

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9403512644
Total Pages : 481 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Arbitration in Egypt by : Ibrahim Shehata

Download or read book Arbitration in Egypt written by Ibrahim Shehata and published by Kluwer Law International B.V.. This book was released on 2021-10-05 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: Egypt, and in particular the Cairo Regional Centre for International Commercial Arbitration (CRCICA), has clearly cemented its status as a preferred seat for arbitration cases in both the Middle East–North Africa (MENA) region and the African continent. To assist parties with a need or desire to arbitrate disputes arising in these regions – whether commercial or investment – this incomparable book, the first in-depth treatment in any language of arbitration practice under Egyptian law, provides a comprehensive overview of the arbitration process and all matters pertaining to it in Egypt, starting with the arbitration agreement and ending with the recognition and enforcement of the arbitral award. Citing more than 2,500 cases – both awards and arbitral-related court judgments – the book’s various chapters examine in detail how Egypt’s arbitration law, based on the UNCITRAL model law, encompasses such internationally accepted arbitral provisions and aspects as the following: application of the New York Convention; concept of arbitrability; choice of applicable law; formation of the arbitral tribunal; selection, rights, duties, liability, and challenge of arbitrators; arbitral procedures; evidence and experts and burden of proof; form and content of arbitral awards; annulment and enforcement procedures; interaction between Sharia law and arbitration; role of Egypt’s Technical Office for Arbitration (TOA); and judicial fees. Special issues such as third-party funding and public policy as well as particular areas of dispute such as construction, sports, real estate, labor and employment, tax, competition, intellectual property, and technology transfer are all covered. The author offers practical guidelines tailored to arbitration in these specific areas of law. An added feature is the many figures and other visuals that accompany the text. For whoever is planning to or is currently practicing arbitration in the Middle East, this matchless book gives arbitrators, in-house counsel and arbitration practitioners everything that is needed to answer any question likely to arise. This book should be on the shelf of every practitioner and academic wishing to comprehend arbitration in Egypt as construed by the Egyptian Courts. Review/Testimonial: “The book is an excellent contribution to understand and assess Egyptian international arbitration law and practice and invaluable guide for lawyers, arbitrators and academics working on arbitration cases connected to Egypt for three main reasons: First, a case law perspective that adds considerable value to the book. The author examines not only the text of laws but also the case law. On every issue, Mr Shehata quotes the positions of Egyptian courts, especially those of the Egyptian Cassation Court. With more than 2,500 cases cited, the book is a precious source to discover the Egyptian decisions originally only in Arabic. Through an analysis and commentary of a great number of decisions rendered by various levels of Egyptian courts, the book offers the most reliable source with regard to the interpretation and the application of the Law No. 27 of 1994 and the international conventions by Egyptian courts. Second, a complete and far-reaching analysis. The book covers all aspects of the arbitration process from the arbitration agreement to the enforcement of arbitral awards. It includes the specific arbitration sectors such as sport arbitration, construction arbitration and investment arbitration. This coverage makes the book one of the reference work on the whole regime of arbitration in Egypt. Third, an up-to-date study, which takes into account rule changes and up-to-date developments on new trends, such as third-party funding, optional clauses, virtual hearings, the use of tribunal secretaries and issues of ethics in arbitration.” Source / Reviewer: Professor Walid Ben Hamida, University of Paris-Saclay, France. ICC DISPUTE RESOLUTION BULLETIN 2021 | ISSUE 3 |

Anti-suit Injunctions in International Arbitration

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Author :
Publisher : Juris Publishing, Inc.
ISBN 13 : 1929446608
Total Pages : 372 pages
Book Rating : 4.9/5 (294 download)

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Book Synopsis Anti-suit Injunctions in International Arbitration by : Emmanuel Gaillard

Download or read book Anti-suit Injunctions in International Arbitration written by Emmanuel Gaillard and published by Juris Publishing, Inc.. This book was released on 2005-03-01 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: IAI Series No. 2 The International Arbitration Institute (IAI) series on international arbitration is a new periodic series of publications that will focus on cutting edge issues and developments in international arbitration. About the IAI: The International Arbitration Institute (IAI), an organization created under the auspices of the Comité Français de ľ Arbitrage (CFA), was created to promote exchanges in international arbitration. The IAI is designed to promote exchanges on current issues in the field of international commercial arbitration. Its activities include the regular organization of international conferences, colloquiums, as well as conducting various research projects. About the Book: Anti-suit injunctions are a device, originally found in common law countries, whereby a court - which retains its jurisdiction or anticipates to do so and which seeks to protect that jurisdiction or, more generally, the jurisdiction of the forum it deems to be the most appropriate - orders a party to refrain from bringing a claim before the courts of another State or before an arbitral tribunal or, if the party has already brought such a claim, orders that party to withdraw from, or the arbitrators to suspend, the proceedings. In the past few years, the use of anti-suit injunctions in the context of international arbitration has been spreading at a disturbing pace. The courts of many common law countries but also those of civil law tradition frequently resort to this device at a party's request, in order to disrupt the arbitration process or resist the enforcement of the award. How best to resolve those conflicts arising as a result of national courts' differing perspectives on the validity and scope of certain arbitration agreements? Are anti-suit injunctions in conformity with the requirements of public international law? When the courts of certain States enjoin a party to refrain from proceeding with an arbitration, should other courts enjoin them not to enjoin, or should they, like the U.S. Court of Appeal for the 5th Circuit in the Pertamina case, exercise a commandable "self-restriction"? These are just a few of the issues addressed in Anti-Suit Injunctions in International Arbitration.