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Third Parties In International Commercial Arbitration
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Book Synopsis Third Parties in International Commercial Arbitration by : Stavros Brekoulakis
Download or read book Third Parties in International Commercial Arbitration written by Stavros Brekoulakis and published by OUP Oxford. This book was released on 2010-12-23 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Third Parties in International Commercial Arbitration addresses the role and the interests of third parties in international arbitration. Through a clear overview and in-depth critical commentary, the book explores existing case law and its related academic literature as well as offering an insight into more practical concerns.
Book Synopsis Third-Party Effects of Arbitral Awards by : Maximilian Pika
Download or read book Third-Party Effects of Arbitral Awards written by Maximilian Pika and published by Kluwer Law International B.V.. This book was released on 2019-07-11 with total page 700 pages. Available in PDF, EPUB and Kindle. Book excerpt: The specialization and financial demand of global business render international transactions inherently multilateral and thus best effected through arbitration agreements. However, it often happens that – for various reasons, such as a debtor’s failure to pay damages ordered by an arbitral tribunal – third parties who did not consent to the original arbitration enter the scene. This is the first book to examine the binding effects of international commercial arbitral awards in follow-up disputes against third parties. It comprehensively analyses arbitral awards’ third-party effects under national arbitration laws, the New York Convention and private international law. Moreover, it proposes solutions under transnational law before both courts and arbitral tribunals. Applying a continuously comparative methodology that refers to specific statutory, jurisprudential and scholarly sources, this book explores the nature and implications of such aspects of third-party involvement as the following: the foundations of the doctrine of res judicata and its intrinsic connection to other tools of forum coordination; the distinction between res judicata before courts on the one hand and arbitral tribunals on the other; the application of non-mutual preclusion in favour of third parties; the potential for arbitral awards to constitute a fact in follow-up disputes; a comparison of rules and uncertainties on awards’ third-party effects under various national arbitration acts; preclusion agreements; the arbitration agreement’s scope; and judgments’ third-party effects as a shift of the participatory burden. For civil law, the author focuses on France and Switzerland (as predominant arbitral seats) and on Germany (as a Model Law example). Among common-law countries, he concentrates on England and Wales and on the United States. Statutory sources (with specific wording), leading cases and summaries of the most important scholarly discussions are all invoked. With its clear guidelines for matters currently not addressed in previous publications and likely to be raised in specific cases, this book will prove to be of immeasurable value for arbitration practitioners and academics in any jurisdiction. Business parties that seek to prevent contradicting decisions in multilateral transactions will appreciate the practically feasible alternatives it presents in the event of follow-up disputes involving third parties.
Book Synopsis Third Parties in International Commercial Arbitration by : Stavros L. Brekoulakis
Download or read book Third Parties in International Commercial Arbitration written by Stavros L. Brekoulakis and published by . This book was released on 2010 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume addresses the role and the interests of third parties in international arbitration. Through a clear overview and in-depth critical commentary, the book explores existing case law and its related academic literature as well as offering an insight into more practical concerns.
Book Synopsis Third-party Funding in International Arbitration and Its Impact on Procedure by : Jonas von Goeler
Download or read book Third-party Funding in International Arbitration and Its Impact on Procedure written by Jonas von Goeler and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction --The Various Forms of Third-Party Funding in International Arbitration --Litigation Funding in International Arbitration --Disclosure of Third-Party Funding in International Arbitration Proceedings --Privilege Protection of Documentary Evidence and Third-Party Funding --Jurisdictional Issues and Third-Party Funding --Impartiality and Independence of Arbitrators and Third-Party Funding --Confidentiality in International Arbitration Proceedings and Third-Party Funding --Security for Costs and Third-Party Funding --Awarding of Costs and Third-Party Funding --Summary of Part I and Part II --Concluding Remarks.
Book Synopsis Third-Party Funding in International Arbitration by : Lisa Bench Nieuwveld
Download or read book Third-Party Funding in International Arbitration written by Lisa Bench Nieuwveld and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the first edition of this invaluable book in 2012, third-party funding has become more mainstream in international arbitration practice. However, since even the existence of a third-party funding agreement in a dispute is often kept secret, it can be difficult to glean the specifics of successful funding agreements. This welcome book, now updated, expertly reveals the nuances of third-party funding in international arbitration, examines the phenomenon in key jurisdictions, and provides a reliable resource for users and potential users that may wish to tap into and make use of this distinctive funding tool. Focusing on Australia, the United Kingdom, the United States, Germany, the Netherlands, Canada, and South Africa, the authors analyze and assess the legal regime based upon legislation, judicial opinions, ethics opinions, and practitioner anecdotes describing the state of third-party funding in each jurisdiction. In addition to updating summaries of the law of the various jurisdictions, the second edition includes a new chapter addressing third-party funding in investor-state arbitration. Among the issues raised and examined are the following: · payment of adverse costs; · “Before-the-Event” (BTE) and “After-the-Event” (ATE) insurance; · attorney financing: pro bono representation, contingency representation, conditional fee arrangements; · loans; · ethical doctrines affecting the third-party funding industry; · possible future bundling, securitization, and trading of legal claims; · risk that the funder may put its own interests ahead of the client’s interests; and · whether the existence of a funding agreement must or should be disclosed to the decision maker. The second edition also includes discussion of recent institutional developments as they relate to third-party funding, including the work of the ICCA-Queen Mary Task Force on Third-Party Funding and how third-party funding is being incorporated into arbitral rules and investment treaties. Ably providing a thorough understanding of what third-party funding entails and what legal parameters exist, this book will be of compelling interest to parties aiming to take advantage of the high values, speed, reduced evidentiary costs, outcome predictability, industry expertise, and high award enforceability characteristic of the third-party funding arrangements available in international arbitration.
Book Synopsis Confidentiality in International Commercial Arbitration by : Ileana M. Smeureanu
Download or read book Confidentiality in International Commercial Arbitration written by Ileana M. Smeureanu and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: After neutrality and international enforcement, the next most valued feature of international commercial arbitration is confidentiality. For reasons easy to imagine, businessmen do not want their trade secrets, business plans, strategies, contracts, financial results or any other types of business information to be publicly accessible, as would commonly happen in court proceedings. Yet the case law of arbitration shows that in practical terms confidentiality is not to be taken for granted - in fact, it has become one of the most undetermined matters in international arbitration. Although 'the emperor of arbitration may have clothes, ' as one scholar has quipped, his raiments of secrecy can be 'torn with surprising ease'. This book deciphers the current degree of confidentiality in international commercial arbitration as reflected by the most important arbitration rules, national laws, other arbitration-related enactments, and practices of arbitral tribunals and domestic courts globally. Drawing on this data and analysis, the author then sets forth criteria to assess the breach of confidentiality in international arbitration and the proper rules for protecting or sanctioning such breaches. What do we understand by confidentiality in arbitration? What are its limitations? Who is bound to observe it? How can we quantify its breach? In addressing these questions, the book engages such issues as the following: reasons for disclosure - e.g., for the establishment of a defence, for the enforcement of rights, in the public interest or in the interests of justice disclosure by consent, express or implied; circumstances triggering statutory obligation of disclosure; recent trends towards greater transparency in investor-State arbitration; court measures in support of arbitral confidentiality such as award of damages for breach of confidentiality; and categories of persons bound by confidentiality, including third parties such as witnesses and experts. Structured along the main stages of the arbitral process, the analysis covers the duty of confidentiality from the initiation of arbitral proceedings through their unfolding to the issuance of the award and after. The scope of confidentiality is reviewed in the practice of arbitral tribunals and domestic courts, and from the perspective of international arbitration institutions, with detailed attention to various arbitration rules and numerous significant cases. In its elucidation of the amount of confidentiality that 'veils' each phase of the arbitral process, and its ground-breaking identification of 'patterns of disclosure', this book is sure to raise awareness about the various facets and problems posed by confidentiality in arbitration. Although its scholarly contribution to the law of international commercial arbitration cannot be gainsaid, corporate counsel worldwide will quickly prize its more practical value.
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 Handbook on International Commercial Arbitration by : Peter Ashford
Download or read book Handbook on International Commercial Arbitration written by Peter Ashford and published by Juris Publishing, Inc.. This book was released on 2014-03-01 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook will assist the practitioner, whether lawyer, counsel or arbitrator, in some of the practical minefields of international commercial arbitration. It considers the typical course of an international commercial arbitral proceeding, from deciding what claims may be arbitrated to calculating damages and the contents of an award, giving guidance and sample documents for each step. It also provides an extensive discussion of discovery and the presentation of evidence during hearings. This will work in aid the efficiency of the arbitral process, especially by reducing time and cost. For counsel and arbitrators alike, it provides a convenient reference work for the problems that inevitably arise in the procedural and substantive steps in arbitration. Analyzing the relevant law and rules from a range of jurisdictions and international arbitral institutions, the Handbook is a truly invaluable companion for everyone involved in international commercial arbitration.
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 Commercial Arbitration by : Seyoum Yohannes Tesfay
Download or read book International Commercial Arbitration written by Seyoum Yohannes Tesfay and published by Springer Nature. This book was released on 2021-02-18 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first-ever to explore commercial arbitration in the Ethiopian context. Alternative conflict resolution mechanisms are nothing new to the country: arbitration as a dispute settlement mechanism by which a third party issues a binding decision on a dispute between two or more parties by exercising the jurisdictional mandate conferred on it by the parties themselves was established with the adoption of the Civil Code in 1960. This pioneering book evaluates the extent to which Ethiopia’s laws and institutions allow disputing parties to effectively reap the benefits of international commercial arbitration. It interprets the relevant legislation and attempts to bridge the gaps in it, in order to help lawyers, arbitrators, arbitral institutions, academics and judges to understand and apply it. It also helps parties seeking to complete international transactions pertaining to Ethiopia make the right choice regarding conflict resolution.
Book Synopsis International Commercial Arbitration and the Brussels I Regulation by : Louise Hauberg Wilhelmsen
Download or read book International Commercial Arbitration and the Brussels I Regulation written by Louise Hauberg Wilhelmsen and published by Edward Elgar Publishing. This book was released on 2018-04-27 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Brussels I Regulation, which ensures the free circulation of judgments within the EU, was recently revised; one of the main issues addressed was whether the Regulation affects the efficient resolution of international commercial disputes through arbitration within the Union. This book provides an in depth examination of the interface between the Regulation and international commercial arbitration. The author demonstrates that the consequences of this interface can encourage the use of delaying tactics, hampering the efficient resolution of international disputes.
Book Synopsis Third-party Funding in International Arbitration by : Bernardo María Cremades
Download or read book Third-party Funding in International Arbitration written by Bernardo María Cremades and published by Kluwer Law International. This book was released on 2015-04-13 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, expertly revealing the nuances of third-party funding in international arbitration, examines the phenomenon in key jurisdictions around the world and provides a reliable resource for users and potential users that may wish to tap into and make use of this distinctive funding tool. 0The authors analyze and assess the legal regime in a variety of countries based upon legislation, judicial opinions, ethics opinions, and practitioner anecdotes describing the state of third-party funding in that jurisdiction. They describe how courts and legislative bodies around the world have thus far handled the major ethical issues and concerns that affect the practice of third-party funding.
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.
Book Synopsis Arbitration Clauses and Third Parties by : Asli Arda
Download or read book Arbitration Clauses and Third Parties written by Asli Arda and published by Taylor & Francis. This book was released on 2023-07-18 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book to focus on the legal question of the incorporation of arbitration clauses, even though this issue constitutes a common problem that arises frequently in practice. Arbitration Clauses and Third Parties compares different branches of law, namely shipping, reinsurance, and construction, where the legal notion of incorporation is often implemented. It evaluates how the differences and peculiarities of the said branches of law impact the outcome of the incorporation of arbitration clauses and therefore why a ‘one size fits all’ approach should be avoided. The book provides both an in-depth legal analysis of the incorporation of arbitration clauses as well as the legal position of the third parties regarding arbitration agreements and a detailed evaluation of the relevant case law. It further offers a unique comparative analysis of English law and Singapore law with regards to the incorporation of arbitration clauses and features recent case law on the issue from both jurisdictions. Moreover, the book explores the status of third parties to arbitration and a wide range of legal situations in which arbitration clauses bind third parties. This book will be directly of interest to lawyers and professionals in arbitration, reinsurance, construction, and shipping, as well as to relevant academic courses.
Book Synopsis International Arbitration: Law and Practice by : Gary B. Born
Download or read book International Arbitration: Law and Practice written by Gary B. Born and published by Kluwer Law International B.V.. This book was released on 2021-06-07 with total page 627 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Arbitration: Law and Practice (Third Edition) provides comprehensive and authoritative coverage of the basic principles and legal doctrines, and the practice, of international arbitration. The book contains a systematic, but concise, treatment of all aspects of the arbitral process, including international arbitration agreements, international arbitral proceedings and international arbitral awards. The Third Edition guides both students and practitioners through the entire arbitral process, beginning with drafting, enforcing and interpreting international arbitration agreements, to selecting arbitrators and conducting arbitral proceedings, to recognizing, enforcing and seeking to annul arbitral awards. The book is written in clear, accessible language, suited for both law students and non-specialist practitioners, as well as more experienced readers. This highly regarded work addresses both international commercial arbitration and the related fields of investment and state-to-state arbitration and is essential reading for any student of international arbitration and any practitioner seeking a complete introduction to the field. The Third Edition has been comprehensively updated to include recent legislative amendments, judicial decisions and arbitral awards. Among other things, the book provides detailed treatment of the New York Convention, the UNCITRAL Model Law on International Commercial Arbitration, all leading institutional arbitration rules (including ICC, SIAC, LCIA, AAA and others), the ICSID Convention and ICSID Arbitration Rules, and judicial decisions from leading jurisdictions. The Third Edition is integrated with the author’s classic International Commercial Arbitration and with the online Born International Arbitration Lectures, enabling students, teachers and practitioners to explore particular topics in more detail. About the Author: Gary B. Born is the world’s leading authority on international arbitration and litigation. He has practiced extensively in both fields in Europe, the United States, Asia and elsewhere. He is the author of International Commercial Arbitration (Kluwer Law International 3rd ed. 2021), International Arbitration and Forum Selection Agreements: Drafting and Enforcing (Kluwer Law International 6th ed. 2021), International Commercial Arbitration: Cases and Materials (Aspen 3rd ed. 2021) and International Civil Litigation in United States Courts (Aspen 6th ed. 2018).
Book Synopsis International Commercial Arbitration and the Arbitrator's Contract by : Emilia Onyema
Download or read book International Commercial Arbitration and the Arbitrator's Contract written by Emilia Onyema and published by . This book was released on 2010 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the formation, nature and effect of the arbitratorsâe(tm) contract, addressing topics such as the appointment, challenge, removal and duties and rights of arbitrators, disputing parties and arbitration institutions. The arguments made in the book are based on a semi-autonomous theory of the juridical nature of international arbitration and a contractual theory of the legal nature of these relationships. From these premises, the book analyses the formation of the arbitratorâe(tm)s contract in both ad hoc and institutional references. It also examines the institutionâe(tm)s contract with the disputing parties and its effect on the arbitratorâe(tm)s contract under institutional references. The book draws from national arbitration laws and institutional rules in various jurisdictions to give a global view of the issues examined in it. The arbitratorâe(tm)s contract is analysed from a global perspective of arbitral law and practice with insights from various jurisdictions in Africa, Asia, Europe, North and South America. The primary focus of the book is an analysis of the formation of the arbitratorâe(tm)s contract and the terms of this contract and the institutionâe(tm)s contract. The primary question of the consequences (if any) of the breaches of the terms of these contracts and its impact on the exclusion or limitation of liability of arbitrators and institutions is also analysed with the conclusion that since these transactions are contractual and the terms can be categorised as in any normal contract, then normal contractual remedies can be applied to the breaches of these terms. International Commercial Arbitration and the Arbitratorâe(tm)s Contract will be of great value to arbitration practitioners and researchers in arbitration. It will also be very useful to students of arbitration on the topics of arbitrators and arbitration institution.
Book Synopsis Confidentiality in International Commercial Arbitration by : Kyriaki Noussia
Download or read book Confidentiality in International Commercial Arbitration written by Kyriaki Noussia and published by Springer Science & Business Media. This book was released on 2010-03-10 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration is an essential component in business. In an age when transparency is a maxim, important issues which the laws governing arbitration currently fail to address are the extent to which disclosure of information can be constrained by private agreement along with the extent to which the duty to preserve confidentiality can be stretched. Absent a coherent legal framework and extensive qualitative and quantitative data, it is equally difficult to suggest and predict future directions. This book offers a tool for attaining centralised access to otherwise fragmentary and dispersed material, as well as a comprehensive analysis and detailed exposition of the position in relation to confidentiality in arbitration in the jurisdictions of England, USA, France and Germany.
