New Horizons In International Commercial Arbitration And Beyond

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New Horizons in International Commercial Arbitration and Beyond

Author : A. J. van den Berg
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041123482
Total Pages : 642 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis New Horizons in International Commercial Arbitration and Beyond by : A. J. van den Berg

Download or read book New Horizons in International Commercial Arbitration and Beyond written by A. J. van den Berg and published by Kluwer Law International B.V.. This book was released on 2005-01-01 with total page 642 pages. Available in PDF, EPUB and Kindle. Book excerpt: ICCA's Congress Series No. 12, reflecting the contributions of numerous renown arbitration experts to the 2004 ICCA Beijing Conference, commences with an overview of the current international arbitration regime in China and Hong Kong, noting both the progress that has been achieved and the work that remains to be done there. The remainder of the volume comprises two sets of papers on contemporary substantive and procedural issues in international commercial arbitration. The first set contains in-depth reports on the topical subjects of arbitration of foreign investment disputes, the granting of provisional or interim measures with respect to arbitration and the enforceability of awards, supplemented by commentary from the point of view of various specializations and regions. The second, also using the format of reports and commentary, addresses modalities of conciliation and settlement in relation to arbitration, including various non-binding (ADR) processes, issues (drafting step clauses and confidentiality) in integrated dispute resolution systems, which may combine conciliation and arbitration, and the role of arbitrators as settlement facilitators.

International Commercial Arbitration in New York

Author : James H. Carter
Publisher : Oxford University Press
ISBN 13 : 019993861X
Total Pages : 725 pages
Book Rating : 4.1/5 (999 download)

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Book Synopsis International Commercial Arbitration in New York by : James H. Carter

Download or read book International Commercial Arbitration in New York written by James H. Carter and published by Oxford University Press. This book was released on 2013 with total page 725 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Commercial Arbitration in New York focuses on the distinctive aspects of international arbitration in New York. Serving as an essential strategic guide, this book allows practitioners to represent clients more effectively in cases where New York is implicated as either the place of arbitration or evidence or assets are located in New York. Each chapter elucidates a vital topic, including the existing New York legal landscape, drafting considerations for clauses designating New York as the place of arbitration, and material and advice on selecting arbitrators. The book also covers a series of topics at the intersection of arbitral process and the New York courts, including jurisdiction, enforcing arbitration agreements, and obtaining preliminary relief and discovery. Class action arbitration, challenging and enforcing arbitral awards, and biographical materials on New York-based international arbitrators is also included, making this a comprehensive, valuable resource for practitioners.

International Commercial Arbitration for Today & Tomorrow

Author : John A. Tackaberry
Publisher :
ISBN 13 :
Total Pages : 302 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis International Commercial Arbitration for Today & Tomorrow by : John A. Tackaberry

Download or read book International Commercial Arbitration for Today & Tomorrow written by John A. Tackaberry and published by . This book was released on 1991 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Redfern and Hunter on International Arbitration

Author : Nigel Blackaby
Publisher : Oxford University Press, USA
ISBN 13 : 9780198738992
Total Pages : 928 pages
Book Rating : 4.7/5 (389 download)

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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 2015-09-24 with total page 928 pages. Available in PDF, EPUB and Kindle. Book excerpt: This leading commentary on international commercial arbitration, now in its sixth edition, is an essential guide for arbitrators and lawyers. Based on the authors' extensive experience as counsel and arbitrators, it provides an updated explanation of all elements of the law and practice ofarbitration. This pack includes the hardback, ebook, and an android app version. This text provides an authoritative guide to the international arbitral process, from the drafting of the arbitration agreement to the enforcement of arbitral awards. The sixth edition has been updated to incorporate reference to the latest significant developments in the field such as the new LCIA,ICC and UNCITRAL Rules and new IBA Guidelines. There will also be an increased reference to international arbitral authority and practice from beyond Europe (China, India, and the US). Following the chronology of an arbitration, the book covers applicable laws, arbitration agreements, the establishment and powers of a tribunal, the conduct of proceedings and the role of domestic courts. In addition, it provides an in-depth examination of the award itself, and comments on thespecial considerations applying to arbitrations brought under investment treaties. It draws on examples of the rules and practice of arbitration at the International Chamber of Commerce, the London Court of International Arbitration, the American Arbitration Association, the International Centre forSettlement of Investment Disputes and the United Nations Commission on International Trade Law. For help with accessing the digital option of your pack please contact (for eBooks): [email protected] and for the LawReader app: [email protected]

Combining Mediation and Arbitration in International Commercial Dispute Resolution

Author : Dilyara Nigmatullina
Publisher : Routledge
ISBN 13 : 1351068628
Total Pages : 279 pages
Book Rating : 4.3/5 (51 download)

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Book Synopsis Combining Mediation and Arbitration in International Commercial Dispute Resolution by : Dilyara Nigmatullina

Download or read book Combining Mediation and Arbitration in International Commercial Dispute Resolution written by Dilyara Nigmatullina and published by Routledge. This book was released on 2018-06-28 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: Securing fast, inexpensive, and enforceable redress is vital for the development of international commerce. In a changing international commercial dispute resolution landscape, the combined use of mediation and arbitration has emerged as a dispute resolution approach which offers these benefits. However, to date there has been little agreement on several aspects of the combined use of processes, which the literature often explains by reference to the practitioner’s legal culture, and there is debate as to how appropriate it is for the same neutral to conduct both mediation and arbitration. Identifying the main ways of addressing concerns associated with the same neutral conducting both mediation and arbitration (same neutral (arb)-med-arb), this book examines how effectively these methods achieve the goal of fast, inexpensive, and enforceable dispute resolution, evaluating to what extent the perception and use of the same neutral (arb)-med-arb depends on the practitioner’s legal culture, arguing that this is not a ‘one-size-fits-all’ process. Presenting an empirical study of the combined use of mediation and arbitration in international commercial dispute resolution, this book synthesises existing ways of addressing concerns associated with the same neutral (arb)-med-arb to provide recommendations on how to enhance the use of combinations in the future.

Practitioner's Handbook on International Commercial Arbitration

Author : Frank-Bernd Weigand
Publisher : OUP Oxford
ISBN 13 : 0191579971
Total Pages : 2585 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis Practitioner's Handbook on International Commercial Arbitration by : Frank-Bernd Weigand

Download or read book Practitioner's Handbook on International Commercial Arbitration written by Frank-Bernd Weigand and published by OUP Oxford. This book was released on 2009-12-24 with total page 2585 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Practitioner's Handbook on International Commercial Arbitration provides concise country reports on important jurisdictions for international arbitral proceedings, as well as commentaries on well-known arbitration rules which are frequently incorporated in international legal agreements. Most international commercial contracts now include an arbitration clause as an alternative to resolving disputes in the state courts. This second edition of the Practitioner's Handbook includes newly updated country chapters, expanded international coverage and commentary on the most important arbitration rules worldwide. It is written by world-leading arbitration practitioners and academics and combines a practical approach with in-depth legal research and analysis of important national and international case law. The book is unique in its coverage, providing uniformly designed country reports and thorough commentaries on internationally recognized arbitration rules in just one volume. There are individual chapters for the following countries: Austria, Belgium, China & Hong Kong, England, France, Germany, Italy, Netherlands, Singapore, Sweden, Switzerland, USA. Each country report covers: jurisdiction, the tribunal, arbitration procedure, the award, amendments and challenge to the award, liability of arbitrators and enforcement of national awards; and provides details of national arbitration laws, arbitral institutions in the jurisdiction, model arbitration clauses and a bibliography, including a list of key judicial decisions. The first edition was reviewed as "an outstanding book" and "an extremely useful tool". The work is an indispensable one-stop reference point for lawyers drafting international arbitration clauses or handling arbitration proceedings in different countries.

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.

International Commercial Arbitration

Author : A. J. van den Berg
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041122192
Total Pages : 528 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis International Commercial Arbitration by : A. J. van den Berg

Download or read book International Commercial Arbitration written by A. J. van den Berg and published by Kluwer Law International B.V.. This book was released on 2003-01-01 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: The collected papers in ICCA Congress Series no. 11, as reflected in its title, address important contemporary questions in international commercial arbitration. Included are contributions written by participants in the UNCITRAL Working Group on Arbitration and Conciliation on its current work on the requirement of a written form for an arbitration agreement, interim measures of protection and UNCITRAL?s Model Law on International Commercial Conciliation. Further contributions give leading practitioners? views on illegality in the formation and performance of contracts or in the conduct of the arbitration, examining questions on how the arbitral tribunal should deal with these vexed issues and how forgery and fraud may be detected. The factors that lead to acceptance by parties of the decisions of arbitrators are dealt with in contributions on the psychological aspects of dispute resolution. The volume concludes with a series of articles on arbitration under investment treaties written by experienced arbitrators and practitioners, with special emphasis on ICSID and NAFTA and the emerging issues of transparency, accountability and review. Contains lengthy articles on the ongoing work of UNCITRAL on proposed amendments to the UNCITRAL Model Law on International Commercial Arbitration and the recently adopted Model Law on International Commercial Conciliation Details the current thinking on the requirement of an arbitration agreement in writing and how this can be accommodated by the UNCITRAL Model Law and the 1958 New York Convention Addresses the granting of interim measures by arbitral tribunals and their enforcement by national and foreign courts Analyzes issues raised by illegality in the formation and performance of contracts and in the conduct arbitrations and provides a systematic overview of the answers given by legislation, arbitrators and courts Provides insight into the attitudes of arbitrators and parties regarding dispute settlement processes Addresses the changing public perception of arbitration under investment treaties

Policies, Practices, and Protocols for International Commercial Arbitration

Author : Khan, Basheer Ahmed Mohammed
Publisher : IGI Global
ISBN 13 : 1668440423
Total Pages : 298 pages
Book Rating : 4.6/5 (684 download)

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Book Synopsis Policies, Practices, and Protocols for International Commercial Arbitration by : Khan, Basheer Ahmed Mohammed

Download or read book Policies, Practices, and Protocols for International Commercial Arbitration written by Khan, Basheer Ahmed Mohammed and published by IGI Global. This book was released on 2023-10-26 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: The resolution of international commercial disputes poses a considerable challenge. Traditional litigation often results in costly and adversarial proceedings, resulting in damaging not only the financial resources of the parties involved but also causing potential conflicts for vital business collaborations. The need for a more efficient, cost-effective, and amicable alternative to resolve these disputes has never been more pressing, especially for academic scholars and legal practitioners seeking a comprehensive understanding of this complex field. Policies, Practices, and Protocols for International Commercial Arbitration emerges as the definitive solution, and offers a profound overview of international commercial arbitration, enabling scholars and legal enthusiasts to grasp its intricate details. By delving into topics like the significance of Alternative Dispute Resolution (ADR), the nature of arbitration, and the various aspects of international arbitration laws, the book equips readers with the knowledge needed to navigate the evolving landscape of dispute resolution. The book covers the entire spectrum of international commercial arbitration. It offers a roadmap for scholars and practitioners to understand the importance of ADR, unravel the complexities of arbitration agreements, and explore the nuances of enforcing arbitral awards.

Interim Measures in International Commercial Arbitration

Author : Ajar Rab
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403537558
Total Pages : 592 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Interim Measures in International Commercial Arbitration by : Ajar Rab

Download or read book Interim Measures in International Commercial Arbitration written by Ajar Rab and published by Kluwer Law International B.V.. This book was released on 2022-08-09 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt: Interim measures by courts as well as tribunals are often critical to succeed in arbitration proceedings and to effectively safeguard the rights of parties pending the final adjudication of their dispute. This important book comprises a comprehensive review of interim measures in international commercial arbitration granted by courts and tribunals across jurisdictions that have adopted the UNCITRAL Model Law to critically assess the practical fault lines in the Indian arbitration regime. The book provides an in-depth analysis of the following: all reported judgments of the Indian Supreme Court and the High Courts from 1993 to 2022 on issues concerning interim measures; practical application of the UNCITRAL Model Law (and the revisions in 2006) by national arbitration statutes of over 80 jurisdictions with respect to interim measures; comparative practice and jurisprudence on interim measures in international commercial arbitration; rules of major arbitral institutions on the power and scope of interim measures granted by tribunals; detailed analysis of different types of interim measures, including anti-suit, anti-arbitration injunctions, security for costs, and interim measures in aid of foreign-seated arbitrations, the standards to be applied, and the burden of proof to be demonstrated for each type of measure; and issues of enforcement of interim measures in domestic, international, and foreign seated arbitrations. The current position of law in India and the problems plaguing the country’s Arbitration and Conciliation Act 1996 (IAA), as amended in 2015 with respect to interim measures, are brought into direct comparison with other Model Law jurisdictions, offering an analysis of case laws, practical insights and cogent suggestions based on best practices that can be adopted by parties and tribunals. The Appendices provide a detailed list of statutory provisions of countries that have adopted the Model Law along with rules of major arbitral institutions on interim measures. The author not only describes the current position of law in India and other Model Law jurisdictions on interim measures but also reveals a comprehensive understanding of the requests for interim measures, and their enforcement in domestic, international, and foreign seated arbitrations. This book engages in a comprehensive and clear discussion on the fine line between court assistance and court intervention, especially in the case of interim measures and suggests draft provisions that India and other jurisdictions can adopt in order to align with the 2006 revisions to the Model Law to foster certainty, predictability, and efficiency in case of interim measures in international commercial arbitration.

The Interpretation and Uniformity of the UNCITRAL Model Law on International Commercial Arbitration

Author : Dean Lewis
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041167021
Total Pages : 314 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The Interpretation and Uniformity of the UNCITRAL Model Law on International Commercial Arbitration by : Dean Lewis

Download or read book The Interpretation and Uniformity of the UNCITRAL Model Law on International Commercial Arbitration written by Dean Lewis and published by Kluwer Law International B.V.. This book was released on 2016-03-22 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: Numerous jurisdictions worldwide have augmented their ratification of the New York Convention of 1958 with the UNCITRAL Model Law 1985 (UML), which takes a giant step forward toward global uniformity in legal application and understanding of the arbitration process. This book develops a standard or benchmark for the UML objective of uniformity, using the relevant legislation and case law of Hong Kong, Singapore, and Australia to consider whether a uniform approach to implementation of the UML and its interpretation is being achieved across those jurisdictions. The author’s methodological tools are eminently adaptable to other jurisdictions. Given the importance of the ability to set aside an arbitral award, the body of case law on setting aside and the directly related area of enforcement, the emphasis throughout is on Article 34. In addition, the study considers: - the meaning of uniformity in law and in the context of the UML; - the correct approach to interpretation of the UML pre and post Article 2A; - the interpretational relationship between the UML and the Convention on Contracts for the International Sale of Goods (CISG); - the relationship between the UML and the New York Convention; - the degree of textual uniformity of Article 34 with the three jurisdictions focused on; and - the degree of applied uniformity of Article 34 both in terms of juristic methodology and similarity of results. The author, with more than thirty years of practice in the field of commercial arbitration in Hong Kong, has had access to voluminous cases spanning decades and brings his specialist expertise to the subject. This book considers whether the UML has succeeded in its aim of achieving uniformity. It serves as a guide, both academic and practical, to exploring and adopting the correct approach to the interpretation of the UML as well as to the method of classification of court decisions under the UML. This study is of immeasurable academic and practical value.

UNCITRAL Model Law on International Commercial Arbitration

Author : Ilias Bantekas
Publisher : Cambridge University Press
ISBN 13 : 1108633773
Total Pages : 1292 pages
Book Rating : 4.1/5 (86 download)

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Book Synopsis UNCITRAL Model Law on International Commercial Arbitration by : Ilias Bantekas

Download or read book UNCITRAL Model Law on International Commercial Arbitration written by Ilias Bantekas and published by Cambridge University Press. This book was released on 2020-03-05 with total page 1292 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive commentary on the UNCITRAL Model Law on International Arbitration. Combining both theory and practice, it is written by leading academics and practitioners from Europe, Asia and the Americas to ensure the book has a balanced international coverage. The book not only provides an article-by-article critical analysis, but also incorporates information on the reality of legal practice in UNCITRAL jurisdictions, ensuring it is more than a recitation of case law and variations in legal text. This is not a handbook for practitioners needing a supportive citation, but rather a guide for practitioners, legislators and academics to the reasons the Model Law was structured as it was, and the reasons variations have been adopted.

Legal Interpretation in International Commercial Arbitration

Author : Joanna Jemielniak
Publisher : Routledge
ISBN 13 : 1317106202
Total Pages : 278 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis Legal Interpretation in International Commercial Arbitration by : Joanna Jemielniak

Download or read book Legal Interpretation in International Commercial Arbitration written by Joanna Jemielniak and published by Routledge. This book was released on 2016-04-22 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book fills a gap in legal academic study and practice in International Commercial Arbitration (ICA) by offering an in-depth analysis on legal discourse and interpretation. Written by a specialist in international business law, arbitration and legal theory, it examines the discursive framework of arbitral proceedings, through an exploration of the unique status of arbitration as a legal and semiotic phenomenon. Historical and contemporary aspects of legal discourse and interpretation are considered, as well as developments in the field of discourse analysis in ICA. A section is devoted to institutional and structural determinants of legal discourse in ICA in which ad hoc and institutional forms are examined. The book also deals with functional aspects of legal interpretation in arbitral discourse, focusing on interpretative standards, methods and considerations in decision-making in ICA. The comparative examinations of existing legal framework and case law reflect the international nature of the subject and the book will be of value to both academic and professional readers.

Deference in International Commercial Arbitration

Author : Franco Ferrari
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403503173
Total Pages : 560 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Deference in International Commercial Arbitration by : Franco Ferrari

Download or read book Deference in International Commercial Arbitration written by Franco Ferrari and published by Kluwer Law International B.V.. This book was released on 2023-05-12 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: In international arbitration, deference entails that one decision-maker does not make an autonomous assessment but limits its decision-making power out of respect for the decision or authority of another actor. For example, a court exercising post-award review might refrain from reviewing a question of procedure de novo but instead defer to a prior determination made by the arbitral tribunal. In this book, prominent arbitration practitioners and academics offer the first systematic analysis of such deference in international arbitration. With abundant reference to case law from major arbitration hubs, the analysis is organized around the three relationships in which questions of deference arise: public-private relationships in which a State actor (e.g., a court) must decide whether it should pay deference to determinations made by a private actor (e.g., a tribunal or an arbitral institution); public-public relationships in which a State actor (e.g., a court at the place of recognition and enforcement) must decide whether it should pay deference to another State actor (e.g., a court at the seat); and private-private relationships in which a private actor (e.g., an arbitral tribunal) must decide whether it should pay deference to another private actor (e.g., another arbitral tribunal or an arbitral institution). The book makes an important contribution to tracing the boundaries of the multiple layers of control over arbitration proceedings. It takes a giant step towards establishing the right equilibrium between the different layers of authority and thus meeting a pivotal challenge for the viability of arbitration as a form of dispute resolution.

Handbook of Evidence in International Commercial Arbitration

Author : Franco Ferrari
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403543248
Total Pages : 690 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Handbook of Evidence in International Commercial Arbitration by : Franco Ferrari

Download or read book Handbook of Evidence in International Commercial Arbitration written by Franco Ferrari and published by Kluwer Law International B.V.. This book was released on 2022-04-07 with total page 690 pages. Available in PDF, EPUB and Kindle. Book excerpt: In arbitration, evidence provides the basis for almost every decision, be it procedural, jurisdictional, or substantive. However, users from different legal traditions may not share the same understanding as to how an arbitral tribunal ought to proceed in this regard. Therefore, it is important for lawyers to know how to collect, develop, and present evidence in arbitration proceedings, not only from a legal perspective but also from a cultural point of view. It is against this backdrop that the editors have invited a diverse group of distinguished arbitration practitioners and academics to contribute to this matchless Handbook of Evidence in International Commercial Arbitration. Key concepts and issues related to evidence in arbitration covered include the following: the normative framework on evidence in arbitration proceedings; the burden and standard of proof; means of evidence, including documents, experts, and witnesses; questions of admissibility, including issues of privilege and confidentiality; the assessment of evidence and its probative value; court assistance and sanctions. With its systematic analysis of the key concepts of evidence, holistic discussion of the applicable normative framework, cross-cultural perspectives on the taking of evidence in arbitration, and reference to case law from major arbitration hubs, this book will become an undisputed point of reference for academics and practitioners alike. Critical acclaim: “This handbook elegantly captures the range of issues that arises regarding evidence in international arbitration. Bringing together the foremost experts in the field, each contribution offers a thoughtful analysis on these issues and the compilation deserves a prominent spot in every practitioner’s arbitral library.” Chiann Bao, Independent Arbitrator (Arbitration Chambers) and Vice President of the ICC Court of Arbitration “This publication well deserves recognition as a landmark handbook on evidence in international commercial arbitration. It comprehensively discusses the whole evidentiary process from its foundations taking a comparative and harmonizing perspective as well as the burden and standards of proof to the various evidentiary means up to the assessment of evidence. Written by leading academics and practitioners from all over the world, it will be a safe haven for anyone facing discrete evidentiary issues and looking for answers to fundamental or actual questions including as to privileges, confidentiality, virtual hearings or data protection.” Professor Filip De Ly, Chair of the ILA International Commercial Arbitration Committee

Party-Appointed Arbitrators in International Commercial Arbitration

Author : Alfonso Gómez-Acebo
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041166858
Total Pages : 242 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Party-Appointed Arbitrators in International Commercial Arbitration by : Alfonso Gómez-Acebo

Download or read book Party-Appointed Arbitrators in International Commercial Arbitration written by Alfonso Gómez-Acebo and published by Kluwer Law International B.V.. This book was released on 2016-04-26 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: The agreement of disputing parties to each make a unilateral appointment of an arbitrator is among the most distinctive features of arbitral practice. A detailed examination, long overdue, of how this feature affects the actual process of arbitration is presented in this book. The study includes a historical analysis of unilateral nominations, a critical assessment of how the unilateral appointments system currently works and an empirical study of challenges of arbitrators. The author's critical assessment addresses several issues including: - limits to the right of the parties to make unilateral appointments; - the principle of equality of the parties in the constitution of the arbitral tribunal; - arbitrators’ duty to be impartial and independent; - specific problems of bias in tribunals with party-appointed members; - the question of whether a different standard of impartiality and independence in party-appointed arbitrators makes any sense; - the presumption that party-appointed arbitrators can do things that presiding arbitrators cannot; and - the question of whether it is worth keeping the system of unilateral appointments as the default method for the constitution of multiple-member tribunals, or keeping it at all. The empirical study, in which the author offers a comparative analysis of challenges of arbitrators taking into account the method of appointment of the arbitrator, reveals interesting differences and coincidences between party-appointed and non-party-appointed arbitrators. The book ends with some suggestions on how the system of unilateral appointments could be improved, namely in order to increase the trust of each party in the arbitrator appointed by the other party and to allow an accurate match between what arbitration end-users may want from party-appointed arbitrators and what they ultimately get. For both its thorough and well-informed analysis and its sound recommendations, the book is sure to be welcomed by professionals in the arbitral community worldwide, as well as by arbitration law academics.

The DIS Arbitration Rules

Author : Gustav Flecke-Giammarco
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041190236
Total Pages : 921 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The DIS Arbitration Rules by : Gustav Flecke-Giammarco

Download or read book The DIS Arbitration Rules written by Gustav Flecke-Giammarco and published by Kluwer Law International B.V.. This book was released on 2020-03-20 with total page 921 pages. Available in PDF, EPUB and Kindle. Book excerpt: The new arbitration rules of the German Arbitration Institute (Rules) entered into force on 1 March 2018. Drafted over an intense period of eighteen months by a committee of globally recognized experts with the active participation of nearly 300 arbitration practitioners, the Rules stand poised to attract parties seeking dispute resolution not only in Germany but also internationally. This extraordinary book, written by the drafters themselves, with more than 550 pages of comprehensive article-by-article commentary, is filled with practical insights and recommendations regarding the application of the Rules. Each provision of the new Rules is given its own chapter, in which the following issues and topics are examined in depth for the specific rule under analysis: use of the provision in practice; modifications from the corresponding provision in the 1998 Rules; relationship to the relevant sections of the German Code of Civil Procedure; comparison with relevant regulations and practices in German State court proceedings; detailed expert commentary, including analysis of case law and legal scholarship; DIS practice concerning the application of the provision; and comparison with similar provisions in other arbitration rules. An annex contains an extensive collection of reference materials, including forms, schedule of costs and texts of various international arbitration documents. The authors and editors have vast experience as counsel and arbitrators in proceedings conducted under the auspices of the DIS and other arbitral institutions. Their intimate familiarity with all aspects of DIS case administration is of immeasurable value to all stakeholders in arbitral proceedings. A genuine user’s guide, the book explains how the new Rules are likely to be applied in practice by the arbitral institution, arbitrators and parties. Its practical tips regarding the effective conduct of DIS arbitrations elucidate best practices for counsel and arbitrators and make DIS’ day-to-day case management and decision-making processes more transparent and predictable for users of all levels of experience and expertise.