Conflict Of Laws And Arbitral Discretion

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Conflict of Laws and Arbitral Discretion

Author : Benjamin Hayward
Publisher :
ISBN 13 : 9780198787440
Total Pages : 352 pages
Book Rating : 4.7/5 (874 download)

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Book Synopsis Conflict of Laws and Arbitral Discretion by : Benjamin Hayward

Download or read book Conflict of Laws and Arbitral Discretion written by Benjamin Hayward and published by . This book was released on 2017-01-05 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration is the dispute resolution method of choice in international commerce, but it rests on a complex legal foundation. In many international commercial contracts, the parties will choose the law governing any future disputes. However, where the parties do not choose a governing law, theprevailing approach in arbitration is to afford arbitrators broad and largely unfettered discretion to choose the law considered most appropriate or most applicable. The uncertainty resulting from this discretion potentially affects the parties' rights and obligations, the performance of theircontract, the presentation of their cases, and negotiations undertaken to settle their disputes.In this text, Dr Benjamin Hayward critically reviews the prevailing approach to the conflict of laws in international commercial arbitration. The text adopts a focused and detail-oriented analysis - being based on a study of more than 130 sets of arbitral laws and rules from around the world, anddrawing heavily on arbitral case law. Nevertheless, it remains both practical and accessible, taking as its focus the needs and expectations of commercial parties, who are the ultimate users of international commercial arbitration.This text identifies the difficulties that result from resolving conflicts of laws through broad and unconstrained arbitral discretions. It establishes that a bright-line test would be a preferable way to resolve arbitral conflicts of laws. Specifically, it recommends a modified Art. 4 RomeConvention rule as the ideal basis for law reform in this area of arbitral procedure.

Arbitral Discretion in Resolving Conflicts of Laws - the Case for a Bright-line Closest Connection Test in International Commercial Arbitration

Download Arbitral Discretion in Resolving Conflicts of Laws - the Case for a Bright-line Closest Connection Test in International Commercial Arbitration PDF Online Free

Author : Benjamin Luke Hayward
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (11 download)

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Book Synopsis Arbitral Discretion in Resolving Conflicts of Laws - the Case for a Bright-line Closest Connection Test in International Commercial Arbitration by : Benjamin Luke Hayward

Download or read book Arbitral Discretion in Resolving Conflicts of Laws - the Case for a Bright-line Closest Connection Test in International Commercial Arbitration written by Benjamin Luke Hayward and published by . This book was released on 2014 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This dissertation establishes that the conflict of laws in international commercial arbitration - concerning the substantive law governing the merits of the dispute - should be the subject of reform. It proposes the introduction of a bright-line test, based on the concept of the closest connection. Its specific recommendation is for the adoption, in international commercial arbitration, of a modified version of the conflicts rule contained in Art. 4 Rome Convention. That provision incorporates a closest connection test, subject to a characteristic performance presumption. This dissertation's recommendation includes the adoption of modifications to the original Art. 4 Rome Convention text. These modifications are necessitated by the arbitration context, and are also prompted by better understandings of the original text's limitations that have been obtained through its application in case law and its consideration in scholarly analysis since the instrument was first opened for signature on 19 June 1980.This dissertation is situated at the intersection of international commercial arbitration and the conflict of laws. It is essentially a study of the tension in the law between certainty and flexibility - and more specifically, between provisions described by law and economics scholarship as rules and standards. Though this dissertation is concerned with a very specific subject-matter, its analysis is broad-ranging and contextual. It draws upon the law, practice and literature concerning conflicts of laws relating to both arbitration and State court proceedings. It also takes into consideration the way in which its analysis affects, and is affected by, other features of international commercial arbitration, and other aspects of arbitral procedure.This dissertation's analysis incorporates consideration of the way in which conflicts questions are currently regulated in an extensive sample of instruments. These include the UNCITRAL Model Law on International Commercial Arbitration, the arbitration laws of Switzerland, France and the United Kingdom, and 102 sets of past and present arbitration rules promulgated by key arbitral institutions and other interested bodies. It also takes the New York Convention as an essential baseline reference point.This dissertation recognises that the reform of arbitral procedure is always ongoing, and must be directed at meeting the needs of the commercial parties who are the true users of international commercial arbitration. To this end, its proposal is intended to contribute to the ongoing improvement of the law and practice of international commercial arbitration - an important form of commercial dispute resolution - and ultimately the promotion of international trade, and international economic wellbeing.

The Arbitrator's Discretion in Conflict of Law Matters

Author : Anna M. Lohmann
Publisher :
ISBN 13 : 9783848784769
Total Pages : 196 pages
Book Rating : 4.7/5 (847 download)

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Book Synopsis The Arbitrator's Discretion in Conflict of Law Matters by : Anna M. Lohmann

Download or read book The Arbitrator's Discretion in Conflict of Law Matters written by Anna M. Lohmann and published by . This book was released on 2022-02-28 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: For international commercial disputes, international commercial arbitration and the CISG together can provide a neutral platform. However, it is unclear whether arbitrators are bound by the CISG. This thesis first examines the legal nature of the CISG's application rules, finding that they constitute private international law, which leads to the fundamental matter of whether arbitrators are bound by PIL. International public and European law and legal practice are studied to answer this question, and in the end, a binding nature of PIL in arbitration is rejected. Finally, a cursory look is also taken at the binding effect of substantive law generally in arbitration.

Arbitral Discretion and Procedural Autonomy

Author : Adams Rajab Makmot-Kibwanga
Publisher : GRIN Verlag
ISBN 13 : 3668877556
Total Pages : 6 pages
Book Rating : 4.6/5 (688 download)

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Book Synopsis Arbitral Discretion and Procedural Autonomy by : Adams Rajab Makmot-Kibwanga

Download or read book Arbitral Discretion and Procedural Autonomy written by Adams Rajab Makmot-Kibwanga and published by GRIN Verlag. This book was released on 2019-02-14 with total page 6 pages. Available in PDF, EPUB and Kindle. Book excerpt: Document from the year 2017 in the subject Law - Comparative Legal Systems, Comparative Law, grade: A, , course: MASTER OF LAWS IN OIL AND GAS, language: English, abstract: The question this paper seeks to address is whether arbitral discretion, by freewheeling, addresses the issues raised without compromising procedural autonomy. It is important to explain what procedural autonomy means before delving into the discussion. Simply put, procedural autonomy means set procedures based on independent rules and norms followed over time and respected and recognised as such without being questioned by the parties that subject themselves to them. In arbitration, it may refer to arbitration rules set by a tribunal system or the national legislations regulating arbitration in a particular legal jurisdiction. By and large, it is the whole philosophy of having pre-determined rules and norms that the arbitrators are discouraged from departing from during the process of arbitration. This does not mean that the arbitrators cannot exercise their discretion. In fact, the whole arbitration process is based on discretion, but rather that the discretion must be exercised within a known procedural framework. Since arbitral discretion deals with procedural matters as well it is often the practice of arbitrators to decide on the issues involved at pre-trial. Such pre-trial issues may include discovery of documents, admission evidence and raising of issues for determination. On the face of it the arbitrators may employ their discretion to decide how much of which evidence to be taken meanwhile faced with a challenge to decide which arbitration model to employ in conducting the pre-trial engagement if the parties are from two or more conflicting arbitration jurisdictions.

Arbitration of International Business Disputes

Author : William W. Park
Publisher : OUP Oxford
ISBN 13 : 0191634816
Total Pages : 1096 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Arbitration of International Business Disputes by : William W. Park

Download or read book Arbitration of International Business Disputes written by William W. Park and published by OUP Oxford. This book was released on 2012-09-20 with total page 1096 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration of International Business Disputes 2nd edition is a fully revised and updated anthology of essays by Rusty Park, a leading scholar in international arbitration and a sought-after arbitrator for both commercial and investment treaty cases. This collection focuses on controversial questions in arbitration of trade, financial, and investment disputes. The essays address some of the most interesting topics in cross-border business dispute resolution, many of which have endured over several decades and remain subject to radically different views. Examples include the proper role of judicial review, the allocation of jurisdictional tasks, evolution of arbitration's statutory and treaty framework, free trade and bilateral investment agreements, and the balance between fixed rules and arbitral discretion. The book is structured around three themes: arbitration's legal framework; the conduct of arbitral proceedings; and a comparison of arbitration in specific fields such as finance, intellectual property, and taxation. In each of these areas, analysis includes the tensions between fairness and efficiency, and the accurate application of substantive law as well as the implications of mandatory procedural norms. Augmented by more than a dozen new contributions and a revised introduction, this 2nd edition retains all of its earlier practical and scholarly relevance, and includes a Foreword by V. V. (Johnny) Veeder QC.

Investment Treaty Arbitration and International Law - Volume 8

Author : Ian A. Laird
Publisher : Juris Publishing, Inc.
ISBN 13 : 1937518698
Total Pages : 417 pages
Book Rating : 4.9/5 (375 download)

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Book Synopsis Investment Treaty Arbitration and International Law - Volume 8 by : Ian A. Laird

Download or read book Investment Treaty Arbitration and International Law - Volume 8 written by Ian A. Laird and published by Juris Publishing, Inc.. This book was released on 2015-03-01 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume contains the papers and proceedings of the eighth annual Juris Conference addressing new developments in investment treaty arbitration with a focus on the fundamental issues that have drawn some of the greatest controversies in the jurisprudence over the past few years. The four topics addressed in this book include: Challenges to Arbitrators: Should the Challenge Process Be Overhauled?New Developments in Definition of "Investment": What Is the Role of the Concept of "Property" in Investment Arbitration?Is Investment Treaty Arbitration a Mechanism to Second-guess Governments' Exercise of Administrative Discretion: Public Law or Lex Investoria?Awarding Damages: Proportionality, Contributory Fault, and Arbitral Tribunals' Discretion or Toss of a Coin? Contributors: Meriam N. Alrashid Paul Barker Julie Bédard Alexander Bĕlohlávek Amal Bouchenaki Mark N. Bravin Kate Brown de Vejar Julián Cárdenas Garcia Tina Cicchetti Robert A. DeRise Paolo Di Rosa James Egerton-Vernon Timothy L. Foden George K. Foster John Y. Gotanda George Kahale III Jonathan S. Kallmer Joshua Karton Matthew S. Kronby Pablo D. López Zadicoff Juan Felipe Merizalde Urdaneta Craig Miles Caline Mouawad Timothy G. Nelson Michael Nolan Eloïse Obadia Sirshar Qureshi Charles E. Roh Charles B. Rosenberg Margarita R. Sánchez Matthew D. Slater Fernando A. Tupa Janet M. Whittaker

International Dispute Resolution and the Public Policy Exception

Author : Farshad Ghodoosi
Publisher : Routledge
ISBN 13 : 1317292839
Total Pages : 169 pages
Book Rating : 4.3/5 (172 download)

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Book Synopsis International Dispute Resolution and the Public Policy Exception by : Farshad Ghodoosi

Download or read book International Dispute Resolution and the Public Policy Exception written by Farshad Ghodoosi and published by Routledge. This book was released on 2016-06-10 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite the unprecedented growth of arbitration and other means of ADR in treaties and transnational contracts in recent years, there remains no clearly defined mechanism for control of the system. One of the oldest yet largely marginalized concepts in law is the public policy exception. This doctrine grants discretion to courts to set aside private legal arrangements, including arbitration, which might be considered harmful to the "public". The exceptional and vague nature of the doctrine, along with the strong push of actors in dispute resolution, has transformed it, in certain jurisdictions, to a toothless doctrine. At the international level, the notion of transnational public policy has been devised in order to capture norms that are "truly" transnational and amenable for application in cross-border litigations. Yet, despite the importance of this discussion—a safety valve and a control mechanism for today’s international and domestic international dispute resolution— no major study has ventured to review and analyze it. This book provides a historical, theoretical and practical background on public policy in dispute resolution with a focus on cross-border and transnational disputes. Farshad Ghodoosi argues that courts should adopt a more systemic approach to public policy while rejecting notions such as transnational public policy, which limits the application of those norms with mandatory nature. Contrary to the current trend, the book invites the reader to re-conceptualize the role of public policy, and transnational dispute resolution, in order to have more sustainable, fair and efficient mechanisms for resolving disputes outside of national courts. The book sheds light on one of the most important yet often-neglected control mechanisms of today’s international dispute resolution and will be of particular interest to students and academics in the fields of International Investment Law, International Trade Law, Business and Economics.

New Dog, Old Tricks

Author : Benjamin Hayward
Publisher :
ISBN 13 :
Total Pages : 36 pages
Book Rating : 4.:/5 (13 download)

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Book Synopsis New Dog, Old Tricks by : Benjamin Hayward

Download or read book New Dog, Old Tricks written by Benjamin Hayward and published by . This book was released on 2016 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt: Parties to international sale of goods transactions often exercise their rights to choose a governing law and refer disputes to arbitration. Where their choice is incomplete, as is the case where the United Nations Convention on Contracts for the International Sale of Goods (CISG) is chosen, complex conflict of laws problems can arise, including disputes over the governing limitation period. While such disputes are traditionally resolved using conflict of laws methodologies, this article argues a superior solution can be achieved through procedural law. Through a simple discretion, arbitral tribunals may apply the limitation period from either the International Institute for the Unification of Private Law (UNIDROIT) Principles 2004 or the UN Limitation Period Convention. Such an approach makes determination of the governing limitation period a simpler process, allowing parties to focus their attention on what they are really concerned with - the merits.

Enforcement of Foreign Arbitral Awards and the Public Policy Exception

Author : Bruno Zeller
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

Conflict of Laws in International Arbitration

Author : Franco Ferrari
Publisher : Sellier European Law Pub
ISBN 13 : 9783866531703
Total Pages : 466 pages
Book Rating : 4.5/5 (317 download)

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Book Synopsis Conflict of Laws in International Arbitration by : Franco Ferrari

Download or read book Conflict of Laws in International Arbitration written by Franco Ferrari and published by Sellier European Law Pub. This book was released on 2011 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: Irrespective of the increasing harmonization of law at the transnational level, every arbitration raises a number of 'conflict of laws' problems relating to procedural questions, as well as to issues concerning the merits of the case. Unlike a state court judge, the arbitrator has no lex fori in the proper sense, providing the relevant conflict rules to determine the applicable law. This raises the question of which conflict of laws rules apply and, consequently, the extent of the freedom the arbitrator enjoys in dealing with this and related issues. The best example of the importance of conflict of laws questions in arbitration is the Vivendi-Elektrim saga where the outcome of the various proceedings depended on the question of characterization. This book examines the arbitration agreement, the jurisdiction of the arbitral tribunal, the law applicable to the merits, and the arbitration procedure.

Procedure and Evidence in International Arbitration

Author : Jeffrey Waincymer
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041140670
Total Pages : 1408 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Procedure and Evidence in International Arbitration by : Jeffrey Waincymer

Download or read book Procedure and Evidence in International Arbitration written by Jeffrey Waincymer and published by Kluwer Law International B.V.. This book was released on 2012-05-23 with total page 1408 pages. Available in PDF, EPUB and Kindle. Book excerpt: Central to the book’s purpose is the procedural challenge facing arbitrators at each and every stage of the arbitral process when fairness arguments conflict with efficiency concerns and trade-offs must be determined. Some key themes include how can a tribunal be fair, and in particular be neutral, if parties are so diverse? How can arbitration be made efficient and cost-effective without undue inroads into fairness and accuracy? How does a tribunal do what is best if the parties are choosing a suboptimal process? When can or must an arbitrator ignore procedural choices made by the parties? The author thoroughly evaluates competing arguments and adds his own practical tips, expertly synthesizing and engaging with the conference literature and differing authors’ views. He identifies criteria that offer a harmonized approach to each stage of the arbitral process, with particular attention to such aspects of international arbitration as: appropriate trade-offs between flexibility and certainty; the rights, duties and powers of arbitrators; appointment and challenge of arbitrators; responses to ‘guerilla’ tactics; drafting of arbitration agreements, including specialty clauses; drafting of required commencement notices and response documents; set-off; fast track arbitration and other efficiency options; strategic use of preliminary conferences and timetabling; online arbitration; multi-party, multi-contract, class arbitration; amicus and third party funders; pre-arbitral referees and interim relief; witness evidence, both factual and expert; documentary evidence, production obligations, and challenges to production; identifying applicable law; and remedies and costs.

A Guide to the ICDR International Arbitration Rules

Author : Martin F. Gusy
Publisher : Oxford University Press, USA
ISBN 13 : 0199596840
Total Pages : 439 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis A Guide to the ICDR International Arbitration Rules by : Martin F. Gusy

Download or read book A Guide to the ICDR International Arbitration Rules written by Martin F. Gusy and published by Oxford University Press, USA. This book was released on 2011-04-07 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: A rule-by-rule commentary on the genesis, interpretation and application of the International Centre for Dispute Resolution (ICDR) Rules. The book is designed to give arbitrators, practitioners and academics a first port of call when considering ICDR arbitration, and provide the first stand-alone comprehensive commentary on these important rules.

International Arbitration

Author : Gary Born
Publisher :
ISBN 13 : 9789041145628
Total Pages : 0 pages
Book Rating : 4.1/5 (456 download)

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Book Synopsis International Arbitration by : Gary Born

Download or read book International Arbitration written by Gary Born and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "International Arbitration: Law and Practice" provides a concise overview of the legal principles and practice of international arbitration. The book offers an accessible, straightforward introduction to the legal framework for international commercial arbitration, including discussions of international arbitration agreements, international arbitral procedures and international arbitral awards. It also provides an introduction to international investment arbitration, including a discussion of the ICSID Convention and issues arising under bilateral investment treaties, and state-to-state arbitration. "International Arbitration: Law and Practice" also provides descriptions of the contemporary practice and tactics of international arbitration. Among other things, it addresses the drafting of arbitration clauses, selection and challenge of arbitrators, structure of arbitral proceedings, process of disclosure or discovery, witness preparation and testimony, conduct of evidentiary hearings and other key procedural steps in international arbitrations. The book contains an Introduction and three principal Parts: Part I: International Arbitration Agreements, including the separability presumption, choice of law issues, competence-competence doctrine, recognition and enforcement of arbitration agreements, formation and validity, formal validity and writing requirements, interpretative issues, non-signatory doctrines and multi-party/multi-contract issues. Part II: International Arbitral Proceedings, including importance and choice of arbitral seat, selection and challenge of arbitrators, parties' procedural autonomy, arbitrators' procedural discretion, conduct of arbitral proceedings, disclosure and discovery, provisional measures, choice of substantive law, confidentiality, consolidation and intervention. Part III: International Arbitral Awards, including form and content of awards, relief, costs, forums for annulment of awards, grounds for annulment or set-aside of awards, recognition and enforcement of awards, preclusion and precedent, and recognition of annulled awards.

International Commercial Arbitration

Author : Mark Huleatt-James
Publisher :
ISBN 13 :
Total Pages : 184 pages
Book Rating : 4.3/5 (91 download)

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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:

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

Author : Felix Dasser
Publisher : Kluwer Law International
ISBN 13 : 9789403535418
Total Pages : 224 pages
Book Rating : 4.5/5 (354 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. This book was released on 2021-07-07 with total page 224 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.

Arbitration and conciliation under the UNICITRAL rules

Author : Isaak Ismail Dore
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9780898389135
Total Pages : 260 pages
Book Rating : 4.3/5 (891 download)

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Book Synopsis Arbitration and conciliation under the UNICITRAL rules by : Isaak Ismail Dore

Download or read book Arbitration and conciliation under the UNICITRAL rules written by Isaak Ismail Dore and published by Martinus Nijhoff Publishers. This book was released on 1986-01-01 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Conflict of Laws in International Commercial Arbitration

Author : Franco Ferrari (juriste).)
Publisher :
ISBN 13 : 9781944825317
Total Pages : 800 pages
Book Rating : 4.8/5 (253 download)

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Book Synopsis Conflict of Laws in International Commercial Arbitration by : Franco Ferrari (juriste).)

Download or read book Conflict of Laws in International Commercial Arbitration written by Franco Ferrari (juriste).) and published by . This book was released on 2019 with total page 800 pages. Available in PDF, EPUB and Kindle. Book excerpt: La 4e de couverture indique : "It is often asserted that conlfict of laws rules are not as relevant in the context of international arbitration as they are in that of judicial proceddings. Acording to some commentators, it is, inter alia, to avoid the complicated conflict of laws methodology that parties opt for international arbitration, since they assume that arbitral tribunals do not apply conflict of laws rules. As recent case law from a number of jurisdictions shows, the assumtions behind these assertions is incorrect. This book addresses some of the most important conflicts of laws problems that may arise in connection with the various stages of arbitral proceddings."