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Author : Moonchul Chang
Publisher :
ISBN 13 :
Total Pages : 432 pages
Book Rating : 4.3/5 (5 download)
Download or read book The Autonomy of International Commercial and Maritime Arbitration written by Moonchul Chang and published by . This book was released on 1989 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Eva Litina
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403530316
Total Pages : 172 pages
Book Rating : 4.4/5 (35 download)
Download or read book Theory, Law and Practice of Maritime Arbitration written by Eva Litina and published by Kluwer Law International B.V.. This book was released on 2020-12-10 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: Theory, Law and Practice of Maritime Arbitration The Case of International Contracts for the Carriage of Goods by Sea Eva Litina It is estimated that over 80% of global trade by volume is carried by sea, making maritime transport a cornerstone of the global economy. Most disputes in the shipping industry are settled by distinctive, private arbitral proceedings that are best understood by a close examination of the standard form contracts that are used in practice and of the case law arising therefrom. Extrapolating insightfully from these sources, the author of this book examines in depth the phenomenon of maritime arbitration with a specific focus on contracts for the carriage of goods by sea. She offers the first comprehensive and comparative analysis of arbitral practice in the three jurisdictions where the most frequently selected maritime arbitral seats are located: London, New York, and Singapore. An analysis of the applicable rules and relevant case law in each jurisdiction provides the basis from which a comparative assessment of maritime arbitral seats is achieved. The book addresses the following key aspects of maritime arbitration: maritime arbitration’s definition, origins, theoretical underpinnings, socioeconomic context, and significance; the maritime-specific reasons for wide use of ad hoc versus institutional arbitration; the international instruments governing arbitration in contracts for the carriage of goods by sea; the shipping industry’s pursuit of self-regulation via standard form contracts; the arbitration agreement contained in standard form charterparties and bills of lading; maritime arbitration’s unique approach to judicial review, confidentiality, and arbitrator impartiality; the specific dispute resolution objectives that compel a comparative assessment of maritime arbitral seats; and the future of maritime arbitration in light of international political, financial, and technological developments. In addition to the three main maritime arbitral seats, the analysis touches on maritime arbitration in other relevant jurisdictions, such as Hong Kong, Greece, Japan, and Korea, thus affording a comparison of the process in common and civil law jurisdictions. The book concludes by considering the potential impact of the current international political landscape, and suggesting future perspectives and research in international maritime arbitration. An important addition to scholarship in this field of law, the book’s thorough assessment of the merits of the competing maritime arbitral seats—and its specific focus on maritime disputes—will prove of significant importance to arbitrators, law firms, in-house counsel of shipping companies, international organizations, and arbitration institutions and associations. Practitioners will discover all tools necessary to examine any case before the main maritime arbitral seats with full awareness of each applicable legal regime and its distinguishing features.
Author : Francis D. Rose
Publisher :
ISBN 13 :
Total Pages : 152 pages
Book Rating : 4.3/5 (5 download)
Download or read book International Commercial and Maritime Arbitration written by Francis D. Rose and published by . This book was released on 1988 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Franco Ferrari
Publisher :
ISBN 13 : 9781944825010
Total Pages : 503 pages
Book Rating : 4.8/5 (25 download)
Download or read book Limits to Party Autonomy in International Commercial Arbitration written by Franco Ferrari and published by . This book was released on 2016 with total page 503 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Continuing Legal Education Society of British Columbia
Publisher :
ISBN 13 :
Total Pages : 410 pages
Book Rating : 4.3/5 (5 download)
Download or read book International Maritime Arbitration written by Continuing Legal Education Society of British Columbia and published by . This book was released on 1988 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Adams Rajab Makmot-Kibwanga
Publisher : GRIN Verlag
ISBN 13 : 3668877556
Total Pages : 6 pages
Book Rating : 4.6/5 (688 download)
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.
Author : Francis Rose
Publisher :
ISBN 13 : 9780785541233
Total Pages : pages
Book Rating : 4.5/5 (412 download)
Download or read book International Commercial and Maritime Arbitration written by Francis Rose and published by . This book was released on 1988-01 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Giuditta Cordero Moss
Publisher : TANO Aschehoug
ISBN 13 : 9788251839495
Total Pages : 440 pages
Book Rating : 4.8/5 (394 download)
Download or read book International Commercial Arbitration written by Giuditta Cordero Moss and published by TANO Aschehoug. This book was released on 1999-01-01 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Alexander J. Bělohlávek
Publisher : Juris Publishing, Inc.
ISBN 13 : 1933833831
Total Pages : 542 pages
Book Rating : 4.9/5 (338 download)
Download or read book Czech and Central European Yearbook of Arbitration - 2012: Party Autonomy versus Autonomy of Arbitrators written by Alexander J. Bělohlávek and published by Juris Publishing, Inc.. This book was released on 2012-04-01 with total page 542 pages. Available in PDF, EPUB and Kindle. Book excerpt: Following the first volume of the Czech (& Central European) Yearbook of Arbitration (CYArb), the second volume of CYArb thematically concurs that the points of friction between arbitration, as an alternative dispute resolution mechanism are the freedom parties have in setting up the methods and mechanisms for the dispute settlement, and the state organized court proceedings with its obligatory jurisdiction and strict rules. The state organized court proceedings guarantee the firm borders and equality of means regarding the protection of the fundamental rights of the parties during the proceedings. The primary focus of CYArb is the issue of autonomy throughout the arbitration process. The principle of autonomy represents the backbone of arbitration as the ADR mechanism. It provides to the parties the necessary freedom to stipulate the adequate method for the solution of the dispute. On the other hand, the autonomous approach of the parties creates an informal relationship among the subjects involved in dispute resolution. The informality provides room for the autonomy of the arbitrators or that of the arbitral tribunal, be it in ad hoc or institutional proceedings on how to advance the dispute. The CYArb project aims to highlight the (potential) pitfalls of each of the categories of the autonomous parties present during the various types of arbitral proceedings in order to analyze the role of autonomy as a leading principle in the ADR mechanisms in its mutual interaction. The topic therefore provides a wide spectrum of interesting issues to be addressed from the practice and academic points of view, particularly with regard to the comparison of the specific national and international approaches of the permanent arbitral courts. The project concept and editors are drawn from Czech Yearbook of International Law – CYIL. The ideological similarity between CYIL and CYArb is primarily reflected in its concept. The third volume of CYIL is in preparation and will be published by JURIS. The CYArb annual volume will be published exclusively in English with abstracts of the articles provided in Czech/Slovak, French, German, Polish, Russian and Spanish. The website dedicated to the project, www.czechyearbook.org is operational in a total of 16 languages. A vital part of the project is the cooperation with leading figures and institutes in the field. In the Czech Republic, endeavor has the cooperation of the particular departments of the following institutions: – University of West Bohemia in Pilsen, Faculty of Law, Department of International Law & Department of Constitutional Law – Masaryk University in Brno, Faculty of Law, Department of International and European Law – VŠB – TU Ostrava, Faculty of Economics, Department of Law – Institute of State and Law, Academy of Sciences of the Czech Republic In the Slovak Republic: – Pavol Jozef Šafárik University in Košice, Faculty of Law, Department of Commercial Law Non-academic institutions participating in the CYArb Project: – International Arbitral Centre of the Austrian Federal Economic Chamber, Vienna. – Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania, Bucharest. – Arbitration Court attached to the Hungarian Chamber of Commerce and Industry, Budapest – Arbitration Court attached to the Economic Chamberof the Czech Republic and Agricultural Chamber of the Czech Republic, Prague – Arbitration Court attached to the Czech-Moravian Commodity Exchange Kladno (Czech Republic) – ICC National Committee Czech Republic – The Court of Arbitration at the Polish Chamber of Commerce in Warsaw
Author : Georgios I. Zekos
Publisher : Routledge
ISBN 13 : 1134044550
Total Pages : 1175 pages
Book Rating : 4.1/5 (34 download)
Download or read book International Commercial and Marine Arbitration written by Georgios I. Zekos and published by Routledge. This book was released on 2008-05-28 with total page 1175 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Commercial and Marine Arbitration analyses and compares commercial-martime arbitration in a number of different legal systems including the US, the UK, Greece and Belgium. The book examines the role of the courts in arbitration in each of these countries, making reference to the latest case law, and also makes extensive refe
Author : Alexander Trunk
Publisher : LIT Verlag Münster
ISBN 13 : 9783825874513
Total Pages : 188 pages
Book Rating : 4.8/5 (745 download)
Download or read book International Commercial Arbitration and International Maritime Law from a German and Russian Perspective written by Alexander Trunk and published by LIT Verlag Münster. This book was released on 2004 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains contributions to two joint seminars organized by the Universities of Kiel and St. Petersburg. Both international commercial arbitration and maritime law are characterized by a mixture of international and national sources. The two subjects are brought together here in one volume as maritime disputes often go to arbitration and both areas show, from a theoretical perspective, a number of interesting parallels and differences. Germany and Russia have ratified the major conventions in these fields, but many issues are left to domestic law and deserve a comparative evaluation.
Author : Markus A. Petsche
Publisher : Sellier European Law Pub
ISBN 13 : 9783935808835
Total Pages : 211 pages
Book Rating : 4.8/5 (88 download)
Download or read book The Growing Autonomy of International Commercial Arbitration written by Markus A. Petsche and published by Sellier European Law Pub. This book was released on 2005 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study argues that the growing autonomy of international commercial arbitration constitutes the leitmotiv of virtually all recent legislative and doctrinal developments in this field. On the basis of an interest-analysis, the book first establishes the legitimacy of this trend. It then examines the various levels and dimensions of the increasing autonomy of international commercial arbitration. In this context, particular emphasis is laid on the doctrine of lex mercatoria, the internationalization of court review of arbitral awards, and the decreasing significance of the concept of the arbitral seat.
Author : Gary B. Born
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403526440
Total Pages : 5388 pages
Book Rating : 4.4/5 (35 download)
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 2020-11-23 with total page 5388 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Commercial Arbitration is an authoritative 4,250 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 Third Edition of International Commercial Arbitration has been comprehensively revised, expanded and updated, To include all legislative, judicial and arbitral authorities, and other materials in the field of international arbitration prior to June 2020. It also includes expanded treatment of annulment, recognition of awards, counsel ethics, arbitrator independence and impartiality and applicable law. The revised 4,250 page text contains references to more than 20,000 cases, awards and other authorities and will enhance the treatise’s position as the world’s leading work on international arbitration. The first and second editions of International Commercial Arbitration have been routinely relied on by courts and arbitral tribunals around the world ((including the highest courts of the United States, United Kingdom, Singapore, India, Hong Kong, New Zealand, Australia, the Netherlands and Canada) and international arbitral tribunals (including ICC, SIAC, LCIA, AAA, ICSID, SCC and PCA), e.g.: U.S. Supreme Court – GE Energy Power Conversion France SAS, Corp. v. Outokumpu Stainless USA, LLC, 590 U.S. - (U.S. S.Ct. 2020); BG Group plc v. Republic of Argentina, 572 U.S. 25 (U.S. S.Ct. 2014); Canadian Supreme Court – Uber v. Heller, 2020 SCC 16 (Canadian S.Ct.); Yugraneft Corp. v. Rexx Mgt Corp., [2010] 1 R.C.S. 649, 661 (Canadian S.Ct.); U.K. Supreme Court – Jivraj v. Hashwani [2011] UKSC 40, ¶78 (U.K. S.Ct.); Dallah Real Estate & Tourism Holding Co. v. Ministry of Religious Affairs, Gov’t of Pakistan [2010] UKSC 46 (U.K. S.Ct.); Swiss Federal Tribunal – Judgment of 25 September 2014, DFT 5A_165/2014 (Swiss Fed. Trib.); Indian Supreme Court – Bharat Aluminium v. Kaiser Aluminium, C.A. No. 7019/2005, ¶¶138-39, 142, 148-49 (Indian S.Ct. 2012); Singapore Court of Appeal – Rakna Arakshaka Lanka Ltd v. Avant Garde Maritime Servs. Ltd, [2019] 2 SLR 131 (Singapore Ct. App.); PT Perusahaan Gas Negara (Persero) TBK v. CRW Joint Operation, [2015] SGCA 30 (Singapore Ct. App.); Larsen Oil & Gas Pte Ltd v. Petroprod Ltd, [2011] SGCA 21, ¶19 (Singapore Ct. App.); Australian Federal Court – Hancock Prospecting Pty Ltd v. Rinehart, [2017] FCAFC 170 (Australian Fed. Ct.); Hague Court of Appeal – Judgment of 18 February 2020, Case No. 200.197.079/01 (Hague Gerechtshof); Arbitral Tribunals – Lao Holdings NV v. Lao People's Democratic Republic I, Award in ICSID Case No. ARB(AF)/12/6, 6 August 2019; Gold Reserve Inc. v. Bolivarian Republic of Venezuela, Decision regarding the Claimant’s and the Respondent’s Requests for Corrections, ICSID Case No. ARB(AF)/09/1, 15 December 2014; Total SA v. The Argentine Republic, Decision on Stay of Enforcement of the Award, ICSID Case No. ARB/04/01, 4 December 2014; Millicom Int'l Operations B.V. v. Republic of Senegal, Decision on Jurisdiction of the Arbitral Tribunal, ICSID Case No. ARB/08/20, 16 July 2010; Lemire v. Ukraine, Dissenting Opinion of Jürgen Voss, ICSID Case No. ARB/06/18, 1 March 2011.
Author : Jonatan Echebarria Fernández
Publisher : Taylor & Francis
ISBN 13 : 1000297497
Total Pages : 160 pages
Book Rating : 4.0/5 (2 download)
Download or read book Jurisdiction and Arbitration Agreements in Contracts for the Carriage of Goods by Sea written by Jonatan Echebarria Fernández and published by Taylor & Francis. This book was released on 2021-03-09 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jurisdiction and Arbitration Agreements in Contracts for the Carriage of Goods by Sea focuses on party autonomy and its limitations in relation to jurisdiction and arbitration clauses included in contracts for the carriage of goods by sea in case of any cargo dispute. The author takes the perspective of the shipping companies and the shipowners, as these are the driving forces of the shipping industry due to their strategic importance. The book provides an analysis of the existing law on the recognition and validity of jurisdiction and arbitration clauses in the contracts for the carriage of goods by sea. The author also seeks to provide conclusions and to learn lessons for the future of the non-recognition and the non-enforcement of the clauses in the existing fragmented legal framework at an international, European Union, and national level (England & Wales and Spain). The interface between the different legal regimes reveals the lack of international harmonisation and the existence of ‘forum shopping’ when a cargo interest sues the shipowner or the party to whom the shipowner charters the vessel. This concise book provides a useful overview of existing research, for students, scholars and shipping lawyers
Author : Julian D. M. Lew
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041115684
Total Pages : 994 pages
Book Rating : 4.0/5 (411 download)
Download or read book Comparative International Commercial Arbitration written by Julian D. M. Lew and published by Kluwer Law International B.V.. This book was released on 2003-01-01 with total page 994 pages. Available in PDF, EPUB and Kindle. Book excerpt: This treatise describes the practice of international commercial arbitration with reference to the major international treaties and instruments, arbitration rules and national laws. It provides an analysis of the interaction between party autonomy and arbitration practice.
Author : Gregory J. Thwaite
Publisher :
ISBN 13 :
Total Pages : 140 pages
Book Rating : 4.:/5 (244 download)
Download or read book Party Autonomy in International Commercial Arbitration written by Gregory J. Thwaite and published by . This book was released on 1986 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Pieter Sanders (jurist)
Publisher : Springer
ISBN 13 :
Total Pages : 422 pages
Book Rating : 4.F/5 ( download)
Download or read book New Trends in the Development of International Commercial Arbitration and the Role of Arbitral and Other International Institutions, Vol. 1:7th International Arbitration, the Hague, Hamburg, 1982 written by Pieter Sanders (jurist) and published by Springer. This book was released on 1983 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction --Theme of Congress --Welcoming Addresses --Keynote Addresses --Working Group 1 Contributions which conventions, treaties and agreements among institutions can make to the development of arbitration --Working Group 2 Resolving disputes involving commodities and raw materials --Working Group 3 New methods for resolving international commercial disputes --Working Group 4 Developments in Maritime Arbitration --General Resolutions.
