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International Arbitration Three Salient Problems
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Book Synopsis International Arbitration by : Stephen M. Schwebel
Download or read book International Arbitration written by Stephen M. Schwebel and published by . This book was released on 1993-01-01 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the field of international arbitration, both inter-State and commercial, the effective establishment and operation of the arbitral tribunal is a matter of dominant importance. This study examines three salient problems which arise in this connection: the relationship between an arbitration clause and the contract of which it forms part; whether a refusal to arbitrate is a denial of justice under international law; and the impact upon arbitration of the withdrawal of a member of the tribunal.
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.
Download or read book International Arbitration written by and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Three Ages of International Commercial Arbitration by : Mikaël Schinazi
Download or read book The Three Ages of International Commercial Arbitration written by Mikaël Schinazi and published by Cambridge University Press. This book was released on 2021-12-16 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: A unique history of modern international commercial arbitration theory and practice, this book draws on a wide range of sources from the eighteenth century to the present. It sets out the origins and evolution of the modern regime of international arbitration, the International Chamber of Commerce and current controversies.
Book Synopsis Justice in International Law by : Stephen M. Schwebel
Download or read book Justice in International Law written by Stephen M. Schwebel and published by Cambridge University Press. This book was released on 2011-05-19 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 1947, Stephen M. Schwebel has written some 200 articles and book reviews on topics of international law, international arbitration and international relations. This volume brings together thirty-two of the legal articles and commentaries written since the first volume of his essays was published in 1994. The essays analyze contentious issues of international arbitration and international law such as the place of preparatory work in interpreting treaties, the role of a judge of the nationality of a party to a case sitting in judgment in the International Court of Justice, and the meaning of the term 'investment' in ICSID jurisprudence. Together with his unofficial writings, his judicial opinions are catalogued in the list of publications with which this volume concludes.
Book Synopsis The Principles and Practice of International Commercial Arbitration by : Margaret L. Moses
Download or read book The Principles and Practice of International Commercial Arbitration written by Margaret L. Moses and published by Cambridge University Press. This book was released on 2008-03-17 with total page 91 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title provides the reader with immediate access to understanding the world of international arbitration. Arbitration has become the dispute resolution method of choice in international transactions. This book explains how and why arbitration works. It provides the legal and regulatory framework for international arbitration, as well as practical strategies to follow and pitfalls to avoid. It is short and readable, but comprehensive in its coverage of the basic requirements, including changes in arbitration laws, rules, and guidelines. In the book, the author includes insights from numerous international arbitrators and counsel, who tell firsthand about their own experiences of arbitration and their views of the best arbitration practices. Throughout the book, the principles of arbitration are supported and explained by the practice, providing a concrete approach to an important means of resolving disputes.
Book Synopsis International Arbitration: Three Salient Problems by : Stephen M. Schwebel
Download or read book International Arbitration: Three Salient Problems written by Stephen M. Schwebel and published by Cambridge University Press. This book was released on 1987-02-01 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the field of international arbitration, both inter-State and commercial, the effective establishment and operation of the arbitral tribunal is a matter of dominant importance. This study examines three salient problems which arise in this connection: the relationship between an arbitration clause and the contract of which it forms part; whether a refusal to arbitrate is a denial of justice under international law; and the impact upon arbitration of the withdrawal of a member of the tribunal.
Book Synopsis General Principles of Law and International Due Process by : Charles T. Kotuby, Jr.
Download or read book General Principles of Law and International Due Process written by Charles T. Kotuby, Jr. and published by Oxford University Press. This book was released on 2017-02-15 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Article 38 of the Statute of the International Court of Justice defines "international law" to include not only "custom" and "convention" between States but also "the general principles of law recognized by civilized nations" within their municipal legal systems. In 1953, Bin Cheng wrote his seminal book on general principles, identifying core legal principles common to various domestic legal systems across the globe. This monograph summarizes and analyzes the general principles of law and norms of international due process, with a particular focus on developments since Cheng's writing. The aim is to collect and distill these principles and norms in a single volume as a practical resource for international law jurists, advocates, and scholars. The information contained in this book holds considerable importance given the growth of inter-state intercourse resulting in the increased use of general principles over the past 60 years. General principles can serve as rules of decision, whether in interpreting a treaty or contract, determining causation, or ascertaining unjust enrichment. They also include a core set of procedural requirements that should be followed in any adjudicative system, such as the right to impartiality and the prohibition on fraud. Although the general principles are, by definition, basic and even rudimentary, they hold vital importance for the rule of law in international relations. They are meant not to define a rule of law, but rather the rule of law.
Book Synopsis Arbitration and International Trade in the Arab Countries by : Nathalie Najjar
Download or read book Arbitration and International Trade in the Arab Countries written by Nathalie Najjar and published by BRILL. This book was released on 2017-10-30 with total page 1340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration and International Trade in the Arab Countries examines international trade arbitration in the MENA region and analyses legal sources, decisions and practices through the prism of freedom and safety requirements. The work is an essential guide to the body of arbitration law at both the practical and theoretical levels.
Book Synopsis International Commercial Arbitration by : Gary B. Born
Download or read book International Commercial Arbitration written by Gary B. Born and published by Kluwer Law International B.V.. This book was released on 2014-10-01 with total page 5391 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second edition of Gary Born's International Commercial Arbitration is an authoritative 4,408 page treatise, in three volumes, providing the most comprehensive commentary and analysis, on all aspects of the international commercial arbitration process, that is available. The first edition of International Commercial Arbitration is widely acknowledged as the preeminent commentary in the field. It was awarded the 2011 Certificate of Merit by the American Society of International Law and was voted the International Dispute Resolution Book of the Year by the Oil, Gas, Mining and Infrastructure Dispute Management list serve in 2010. The first edition has been extensively cited in national court decisions and arbitral awards around the world. The treatise comprehensively examines the law and practice of contemporary international commercial arbitration, thoroughly explicating all relevant international conventions, national arbitration statutes and institutional arbitration rules. It focuses on both international instruments (particularly the New York Convention) and national law provisions in all leading jurisdictions (including the UNCITRAL Model Law on International Commercial Arbitration). Practitioners, academics, clients, institutions and other users of international commercial arbitration will find clear and authoritative guidance in this work. The second edition of International Commercial Arbitration has been extensively revised, expanded and updated, to include all material legislative, judicial and arbitral authorities in the field of international arbitration prior to January 2014. It also includes expanded treatment of annulment, recognition of awards, counsel ethics, arbitrator independence and impartiality and applicable law. Overview of volumes: Volume I, covering International Arbitration Agreements,provides a comprehensive discussion of international commercial arbitration agreements. It includes chapters dealing with the legal framework for enforcing international arbitration agreements; the separability presumption; choice of law; formation and validity; nonarbitrability; competence-competence and the allocation of jurisdictional competence; the effects of arbitration agreements; interpretation and non-signatory issues. Volume II, covering International Arbitration Procedures, provides a detailed discussion of international arbitral procedures. It includes chapters dealing with the legal framework for international arbitral proceedings; the selection, challenge and replacement of arbitrators; the rights and duties of international arbitrators; selection of the arbitral seat; arbitration procedures; disclosure and discovery; provisional measures; consolidation, joinder and intervention; choice of substantive law; confidentiality; and legal representation and standards of professional conduct. Volume III, dealing with International Arbitral Awards, provides a detailed discussion of the issues arising from international arbitration awards. It includes chapters covering the form and contents of awards; the correction, interpretation and supplementation of awards; the annulment and confirmation of awards; the recognition and enforcement of arbitral awards; and issues of preclusion, lis pendens and staredecisis.
Book Synopsis Judicial Acts and Investment Treaty Arbitration by : Berk Demirkol
Download or read book Judicial Acts and Investment Treaty Arbitration written by Berk Demirkol and published by Cambridge University Press. This book was released on 2018-01-11 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: A study of state responsibility for acts committed in the course of different stages of adjudicatory process.
Book Synopsis Online Arbitration in Theory and in Practice by : Ihab Abdel Salam
Download or read book Online Arbitration in Theory and in Practice written by Ihab Abdel Salam and published by Cambridge Scholars Publishing. This book was released on 2021-10 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents an overview of online arbitration and electronic contracting worldwide, examining their national and international contexts, and assessing their ongoing relevance. It offers solutions to the salient challenges facing both online arbitration and electronic contracting, dealing firstâ "hand with online arbitration as an online dispute resolution technique for solving both traditional and electronic commerce disputes that may arise out of the breach of contractual obligations in international commercial contracts, while also comparing between common law and civil law countries. In the theory of law, this book analyses the international legal framework that regulates eâ "commerce, and its impact on electronic contracting, including Model Laws and International Conventions such as the Model Law on Electronic Commerce of 1996 and the Electronic Communications Convention of 2005. It also investigates whether the UN Convention on Contracts for the International Sale of Goods of 1980 â ~The CISGâ (TM) applies to eâ "commerce contracts. In addition, it extensively examines the possibility for the enforcement of online arbitration agreements and online arbitral awards under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958. Regarding the practice of law, the volume examines how national courts apply both national laws and the New York Convention of 1958 when dealing with the enforcement of online arbitration agreements, and whether courts apply the provisions of national laws of arbitration liberally. As such, it encourages the adoption of a more liberal judicial regime in favour of the enforcement of online arbitral awards and online arbitration agreements in national courts. This book represents a valuable resource for academics, arbitrators, practicing lawyers, corporate counsels, law students, researchers, and professionals who are willing to solve their crossâ "border commercial disputes through online arbitration.
Book Synopsis Redfern and Hunter on International Arbitration by : Nigel Blackaby
Download or read book Redfern and Hunter on International Arbitration written by Nigel Blackaby and published by Oxford University Press, USA. This book was released on 2009-10-15 with total page 780 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reviewing the legal context within which international commercial arbitration operates, this text has been updated to reflect recent developments in international law.
Book Synopsis Litigating International Law Disputes by : Natalie Klein
Download or read book Litigating International Law Disputes written by Natalie Klein and published by Cambridge University Press. This book was released on 2014-04-10 with total page 533 pages. Available in PDF, EPUB and Kindle. Book excerpt: Litigating International Law Disputes provides a fresh understanding of why states resort to international adjudication or arbitration to resolve international law disputes. A group of leading scholars and practitioners discern the reasons for the use of international litigation and other modes of dispute settlement by examining various substantive areas of international law (such as human rights, trade, environment, maritime boundaries, territorial sovereignty and investment law) as well as considering case studies from particular countries and regions. The chapters also canvass the roles of international lawyers, NGOs, and private actors, as well as the political dynamics of disputes, and identify emergent trends in dispute settlement for different areas of international law.
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: Considers the vitality of the international arbitral process through an updated examination of three salient problems.
Book Synopsis The Guide to Challenging and Enforcing Arbitration Awards by : John William Rowley
Download or read book The Guide to Challenging and Enforcing Arbitration Awards written by John William Rowley and published by . This book was released on 2021 with total page 779 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis UNCITRAL Notes on Organizing Arbitral Proceedings by : United Nations Commission on International Trade Law
Download or read book UNCITRAL Notes on Organizing Arbitral Proceedings written by United Nations Commission on International Trade Law and published by . This book was released on 1996 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt:
