Clear Path Or Jungle In Commercial Arbitrators Conflict Of Interest

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Clear Path or Jungle in Commercial Arbitrators' Conflict of Interest?

Author : Felix Dasser
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403535423
Total Pages : 260 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Clear Path or Jungle in Commercial Arbitrators' Conflict of Interest? by : Felix Dasser

Download or read book Clear Path or Jungle in Commercial Arbitrators' Conflict of Interest? written by Felix Dasser and published by Kluwer Law International B.V.. This book was released on 2021-07-07 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: In arbitral proceedings, objections and challenges related to arbitrators’ conflicts of interest can readily escalate into acrimony. Moreover, the alleged fear of bias has engendered a veritable jungle of rules and guidelines, complicating and even undermining the process. In this book’s innovative approach to this thorny subject, prominent specialists representing three stakeholding groups—users, institutions, and state courts—impart firsthand information on their respective practices and policies concerning arbitration, and then proceed to recommend promising paths to harmonizing guidelines and establishing clear and reasonable criteria. Drawing on papers presented at a conference sponsored by the Swiss Arbitration Association (ASA), the contributions respond in depth to such questions as the following: How much independence and impartiality do users seek? What are users expecting and to what extent do expectations differ with regard to the users’ own arbitrator, the arbitrator appointed by the opponent, and the chairperson? In what ways can party-appointed arbitrators impact independence and impartiality? When and why should an arbitrator be challenged? How much uniformity exists among the various sets of institutional rules and guidelines, relating in particular to the constitution of the arbitral tribunal? Contributors come from a representative range of major commercial jurisdictions, including England, France, Germany, Singapore, Switzerland, and the United States. With its deeply informed, practice-based views from users, arbitral institutions, major jurisdictions, and practitioners, this remarkably thorough overview of arbitrators’ conflicts of interest will facilitate informed choice of jurisdictions and arbitral institutions for users and assist arbitrators in ascertaining their disclosure obligations. It will be highly valued by corporate counsel, arbitral institutions, arbitrators, judges, and academics interested in international arbitration.

Good Faith in International Arbitration

Author : Elliott E. Geisinger
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403542772
Total Pages : 288 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Good Faith in International Arbitration by : Elliott E. Geisinger

Download or read book Good Faith in International Arbitration written by Elliott E. Geisinger and published by Kluwer Law International B.V.. This book was released on 2024-01-22 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although considered a somewhat ‘hazy’ concept (particularly in common law), good faith may nevertheless be defined as a duty incumbent on a person negotiating or performing an agreement. Thus, it may be understood as obligatory on all parties in the conduct of arbitral proceedings. In this collection of expert chapters, notable jurists and legal academics from around the world fully investigate the multifaceted notion of good faith in international arbitration. All the following aspects of the matter are covered: detailed analysis of good faith in both common law and civil law traditions as reflected in doctrine, scholarship, and case law; good faith implications in treaty interpretation; using good faith as a negative defence against claims or as a positive basis for claims; good faith in the specific field of international investment arbitration; procedural aspects of the parties’ obligation to act in good faith during pre-arbitral negotiations, conciliation, and mediation, as well as during the arbitral proceedings; the duty of arbitrators and arbitral institutions to act in good faith; and the role of good faith in actions to set aside. As an authoritative survey and analysis of how the concept of good faith has been applied in international arbitration – and defined in the case law relevant to it – this matchless book provides invaluable guidance to parties involved in international arbitral proceedings.

ESG and Disputes

Author : James Menz
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403540788
Total Pages : 138 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis ESG and Disputes by : James Menz

Download or read book ESG and Disputes written by James Menz and published by Kluwer Law International B.V.. This book was released on 2024-09-18 with total page 138 pages. Available in PDF, EPUB and Kindle. Book excerpt: ASA Special Series ‘We must measure what we value, not just value what is simple to measure.’ This statement from the US White House encapsulates the global trend dubbed ESG – an insistence on attending to the natural environment, social values, and responsible governance in business affairs. A salient aspect of this trend is the ‘explosion’ of human rights and environment-related disputes that have come to the fore on the international legal landscape. In this timely and crucially important volume, distinguished jurists, representatives of governments and NGOs, and in-house counsel identify and analyse the sources of ESG-related litigation and arbitration, providing an extensive treatment of the nature of ESG disputes and their resolution across both commercial and investment fora. The contributions are based on papers presented at a conference organized by the Swiss Arbitration Association in February 2023. Among the issues and topics raised, many of them relatively new to legal theory and practice, are the following: emergence of nature-related assets and markets dealing in nature-related products; intensification of ESG-related regulation; which disputes could trigger which type of arbitrations; ESG-specific arbitration clauses as risk mitigation measures; controversial role of the Energy Charter Treaty; ESG-compliant supply chains; ESG scoring; rights of nature – recognizing ecosystems as subjects with rights; and the criminal act of ecocide. Of immediate interest is a discussion focused on concrete ways in which each and every arbitration practitioner can contribute to a more environmentally friendly and socially responsible arbitration practice. In its recognition that ESG is profoundly linking environmental and social protection values with the monetary aspects in the life of both corporations and states, the book identifies key drivers for future ESG-related disputes and enables stakeholders to position themselves in an emerging field. It will prove of inestimable value to all practitioners, policymakers, and other professionals dedicated to the protection of natural resources and of human life itself.

The Cambridge Companion to International Arbitration

Author : C. L. Lim
Publisher : Cambridge University Press
ISBN 13 : 1108480594
Total Pages : 551 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis The Cambridge Companion to International Arbitration by : C. L. Lim

Download or read book The Cambridge Companion to International Arbitration written by C. L. Lim and published by Cambridge University Press. This book was released on 2021-10-21 with total page 551 pages. Available in PDF, EPUB and Kindle. Book excerpt: A convenient single volume introduction to international arbitration written by experts, including discussion of the latest developments.

Governing the Commons

Author : Elinor Ostrom
Publisher : Cambridge University Press
ISBN 13 : 1107569788
Total Pages : 297 pages
Book Rating : 4.1/5 (75 download)

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Book Synopsis Governing the Commons by : Elinor Ostrom

Download or read book Governing the Commons written by Elinor Ostrom and published by Cambridge University Press. This book was released on 2015-09-23 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tackles one of the most enduring and contentious issues of positive political economy: common pool resource management.

International Jurisdiction and Commercial Litigation

Author : Hélène van Lith
Publisher : T.M.C. Asser Press
ISBN 13 : 9789067043038
Total Pages : 606 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis International Jurisdiction and Commercial Litigation by : Hélène van Lith

Download or read book International Jurisdiction and Commercial Litigation written by Hélène van Lith and published by T.M.C. Asser Press. This book was released on 2009-06-11 with total page 606 pages. Available in PDF, EPUB and Kindle. Book excerpt: avoiding gaps and provide a claimant with limited forum shopping possibilities. In that same vein, the paradigm proposed by Ms. Van Lith ought to shift to special grounds of jurisdiction based on sufficient connection between the defendant and the forum state. In that respect, she proposes jurisdiction at the place where the defendant has a fixed place of business from which he carries out business activities directly related to the claimant’s contractual claim. Absent such a place of business, jurisdiction is to be vested in the courts of the country where the defendant is engaged in substantial business activities in relation to the contract with a limited forum shopping for a claimant in favour of the court of the defendant’s home country. Other general or special grounds for jurisdiction (such as claimant-related connections or property-based connections) are rejected because they do not meet the proposed paradigm of sufficient connection. As to exceptions to international jurisdiction rules as proposed, Ms. Van Lith comes to the conclusion that a general escape provision is to be avoided except for the ‘tra- acting business’ rule where – in accordance with the paradigm proposed – international jurisdiction can be avoided in favour of the defendant’s home court when the dispute is insufficiently connected with the forum making it unfair under the circumstances to expect the defendant to be subjected to the jurisdiction of that court. In this respect, a balanced approach to predictability and flexibility is being proposed.

Review of Civil Litigation Costs

Author : Great Britain. Ministry of Justice
Publisher : The Stationery Office
ISBN 13 : 9780117064034
Total Pages : 388 pages
Book Rating : 4.0/5 (64 download)

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Book Synopsis Review of Civil Litigation Costs by : Great Britain. Ministry of Justice

Download or read book Review of Civil Litigation Costs written by Great Britain. Ministry of Justice and published by The Stationery Office. This book was released on 2010 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: In January 2009, the then Master of the Rolls, Sir Anthony Clarke, appointed Lord Justice Jackson to lead a fundamental review of the rules and principles governing the costs of civil litigation. This report intends to establish how the costs rules operate and how they impact on the behavior of both parties and lawyers.

The Path of a Genocide

Author : Astri Suhrke
Publisher : Routledge
ISBN 13 : 1351477676
Total Pages : 439 pages
Book Rating : 4.3/5 (514 download)

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Book Synopsis The Path of a Genocide by : Astri Suhrke

Download or read book The Path of a Genocide written by Astri Suhrke and published by Routledge. This book was released on 2017-07-05 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Great Lakes region of Africa has seen dramatic changes. After a decade of war, repression, and genocide, loosely allied regimes have replaced old-style dictatorships. The Path of a Genocide examines the decade (1986-97) that brackets the 1994 genocide in Rwanda. This collection of essays is both a narrative of that event and a deep reexamination of the international role in addressing humanitarian issues and complex emergencies.Nineteen donor countries and seventeen multilateral organizations, international agencies, and international nongovernmental organizations pooled their efforts for an in-depth evaluation of the international response to the conflict in Rwanda. Original studies were commissioned from scholars from Uganda, Rwanda, Zaire, Ethiopia, Norway, Great Britain, France, Canada, and the United States. While each chapter in this volume focuses on one dimension of the Rwanda conflict, together they tell the story of this unfolding genocide and the world's response.The Path of a Genocide offers readers a perspective in sharp contrast to the tendency to treat a peace agreement as the end to conflict. This is a detailed effort to make sense of the political crisis and genocide in Rwanda and the effects it had on its neighbors.

International Arbitration and the COVID-19 Revolution

Author : Maxi Scherer
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403528435
Total Pages : 314 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis International Arbitration and the COVID-19 Revolution by : Maxi Scherer

Download or read book International Arbitration and the COVID-19 Revolution written by Maxi Scherer and published by Kluwer Law International B.V.. This book was released on 2020-11-17 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Arbitration and the COVID-19 Revolution Edited by Maxi Scherer, Niuscha Bassiri & Mohamed S. Abdel Wahab The impact of the COVID-19 pandemic on all major economic sectors and industries has triggered profound and systemic changes in international arbitration. Moreover, the fact that entire proceedings are now being conducted remotely constitutes so significant a deviation from the norm as to warrant the designation ‘revolution’. This timely book is the first to describe and analyse how the COVID-19 crisis has redefined arbitral practice, with critical appraisal from well-known practitioners of the pandemic’s effects on substantive and procedural aspects from the commencement of proceedings until the enforcement of the award. With practical guidance from a variety of perspectives – legal, practical, and sector-specific – on the conduct of international arbitration during the COVID-19 pandemic and beyond, the chapters present leading practitioners’ insights into the unprecedented and multifaceted issues that arise. They provide expert tips and challenges in such practical matters as the following: preventing and resolving disputes of particular types – construction, energy, aviation, technology, media and telecommunication, finance and insurance; arbitrator appointments; issues of planning, preparation and sample procedural orders; witness preparation and cross-examination; e-signature of arbitral awards; setting aside and enforcement proceedings; and third-party funding. Also included are an empirical survey of users’ views and an overview of how the COVID-19 revolution has affected the arbitration rules of leading arbitral seats. With this timely and practical book, arbitration practitioners and scholars will gain up-to-date knowledge of sector-specific challenges brought about by the COVID-19 pandemic and approach arbitration proceedings with an understanding of the most important legal and practical considerations during the crisis and beyond.

Law and the Rise of Capitalism

Author : Michael Tigar
Publisher : NYU Press
ISBN 13 : 1583670300
Total Pages : 351 pages
Book Rating : 4.5/5 (836 download)

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Book Synopsis Law and the Rise of Capitalism by : Michael Tigar

Download or read book Law and the Rise of Capitalism written by Michael Tigar and published by NYU Press. This book was released on 2000-06 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tigar (Washington College of Law, American U.) has written a new introduction and extended afterword that update this Marxist analysis of law and jurisprudence, originally published in 1977. The study traces the role of law and lawyers in the rise of the European bourgeoisie. The new material discusses human rights issues and social movements over the past two decades, including political prisoners and the death penalty. c. Book News Inc.

European Decolonization 1918–1981: An Introductory Survey

Author : Robert F. Holland
Publisher : Bloomsbury Publishing
ISBN 13 : 1349177733
Total Pages : 329 pages
Book Rating : 4.3/5 (491 download)

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Book Synopsis European Decolonization 1918–1981: An Introductory Survey by : Robert F. Holland

Download or read book European Decolonization 1918–1981: An Introductory Survey written by Robert F. Holland and published by Bloomsbury Publishing. This book was released on 1985-03-04 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most dramatically significant themes of the twentieth century has been the decline and final dismemberment of the European colonial empires. This book outlines the general features which influence this decline and, by concentrating on a series of case studies, emphasises the varieties of experience within this broad historical process. While primarily concerned with events in the British Empire, the largest of the imperial systems, Dr Holland also considers developments in the French, Belgian, Dutch and Portuguese dependencies. The chronologically arranged sections focus on the sources of weakness in the European empires between 1918 and 1939; the impact of the Second World War; the upheavals of the post-war crisis; the move to decolonization in the later 1950's and early 1960's; and the subsequent realignment of relations between advanced and non-advanced nations. The aim of this study is to provide an introductory text for sixth form and university students on a vital dimension of change within international relationships in twentieth century.

Witnesses to History

Author : Lyndel V. Prott
Publisher : UNESCO
ISBN 13 : 9231041282
Total Pages : 465 pages
Book Rating : 4.2/5 (31 download)

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Book Synopsis Witnesses to History by : Lyndel V. Prott

Download or read book Witnesses to History written by Lyndel V. Prott and published by UNESCO. This book was released on 2009-01-01 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Compendium gives an outline of the historical, philosophical and ethical aspects of the return of cultural objects (e.g. cultural objects displaced during war or in colonial contexts), cites past and present cases (Maya Temple Facade, Nigerian Bronzes, United States of America v. Schultz, Parthenon Marbles and many more) and analyses legal issues (bona fide, relevant UNESCO and UNIDROIT Conventions, Supreme Court Decisions, procedure for requests etc.). It is a landmark publication that bears testament to the ways in which peoples have lost their entire cultural heritage and analyses the issue of its return and restitution by providing a wide range of perspectives on this subject. Essential reading for students, specialists, scholars and decision-makers as well as those interested in these topics.

Democracy and War

Author : David L. Rousseau
Publisher : Stanford University Press
ISBN 13 : 0804767513
Total Pages : 410 pages
Book Rating : 4.8/5 (47 download)

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Book Synopsis Democracy and War by : David L. Rousseau

Download or read book Democracy and War written by David L. Rousseau and published by Stanford University Press. This book was released on 2005-03-24 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conventional wisdom in international relations maintains that democracies are only peaceful when encountering other democracies. Using a variety of social scientific methods of investigation ranging from statistical studies and laboratory experiments to case studies and computer simulations, Rousseau challenges this conventional wisdom by demonstrating that democracies are less likely to initiate violence at early stages of a dispute. Using multiple methods allows Rousseau to demonstrate that institutional constraints, rather than peaceful norms of conflict resolution, are responsible for inhibiting the quick resort to violence in democratic polities. Rousseau finds that conflicts evolve through successive stages and that the constraining power of participatory institutions can vary across these stages. Finally, he demonstrates how constraint within states encourages the rise of clusters of democratic states that resemble "zones of peace" within the anarchic international structure.

Justice and Its Surroundings

Author : Anthony De Jasay
Publisher : Amagi Books
ISBN 13 :
Total Pages : 366 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Justice and Its Surroundings by : Anthony De Jasay

Download or read book Justice and Its Surroundings written by Anthony De Jasay and published by Amagi Books. This book was released on 2002 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: Libertarian (in the right-wing sense) political philosopher de Jasay presents 17 essays on his conception of justice and issues that he sees as surrounding the concept of justice: the state, the redistribution of income and wealth, the benefits and burdens between those who make collective choices and those who submit to them, the shaping of economic and social institutions so as to make them fit a unified ideology, and the problem of individual liberty. Annotation copyrighted by Book News, Inc., Portland, OR

The Idea of Arbitration

Author : Jan Paulsson
Publisher :
ISBN 13 : 0199564167
Total Pages : 331 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis The Idea of Arbitration by : Jan Paulsson

Download or read book The Idea of Arbitration written by Jan Paulsson and published by . This book was released on 2013-11 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing a theoretical examination of the concept of arbitration, this book explores the place of arbitration in the legal process and examines the ethical challenges to arbitral authority and its moral hazards.

Colonial Policy and Practice

Author : John Sydenham Furnivall
Publisher : Cambridge University Press
ISBN 13 : 1108067980
Total Pages : 589 pages
Book Rating : 4.1/5 (8 download)

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Book Synopsis Colonial Policy and Practice by : John Sydenham Furnivall

Download or read book Colonial Policy and Practice written by John Sydenham Furnivall and published by Cambridge University Press. This book was released on 2014-08-21 with total page 589 pages. Available in PDF, EPUB and Kindle. Book excerpt: This influential 1948 study investigates the effects of colonial rule in Burma through comparison with the Dutch East Indies.

The Great African War

Author : Filip Reyntjens
Publisher : Cambridge University Press
ISBN 13 : 0521111285
Total Pages : 345 pages
Book Rating : 4.5/5 (211 download)

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Book Synopsis The Great African War by : Filip Reyntjens

Download or read book The Great African War written by Filip Reyntjens and published by Cambridge University Press. This book was released on 2009-08-24 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines a decade-long period of instability, violence and state decay in Central Africa from 1996, when the war started, to 2006, when elections formally ended the political transition in the Democratic Republic of Congo. A unique combination of circumstances explain the unravelling of the conflicts: the collapsed Zairian/Congolese state; the continuation of the Rwandan civil war across borders; the shifting alliances in the region; the politics of identity in Rwanda, Burundi and eastern DRC; the ineptitude of the international community; and the emergence of privatized and criminalized public spaces and economies, linked to the global economy, but largely disconnected from the state - on whose territory the "entrepreneurs of insecurity" function. As a complement to the existing literature, this book seeks to provide an in-depth analysis of concurrent developments in Zaire/DRC, Rwanda, Burundi and Uganda in African and international contexts. By adopting a non-chronological approach, it attempts to show the dynamics of the inter-relationships between these realms and offers a toolkit for understanding the past and future of Central Africa.