Law And Practice Of Foreign Arbitration And Enforcement Of Foreign Arbitral Awards In Pakistan

Author : Ahmad Ali Ghouri
Publisher : Springer Science & Business Media
ISBN 13 : 3642327443
Total Pages : 60 pages
Book Rating : 4.45/5 ( download)

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Download or read book Law and Practice of Foreign Arbitration and Enforcement of Foreign Arbitral Awards in Pakistan written by Ahmad Ali Ghouri and published by Springer Science & Business Media. This book was released on 2012-10-31 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt: Pakistan has recently reformed its arbitration laws and laws on the recognition and enforcement of foreign arbitration agreements and awards. These reforms relate to both international commercial and investment arbitration. This book highlights the changes brought about by the recent enactments and explains the relationships between the old and new legislation. It provides a detailed and up-to-date analysis of Pakistani case law on foreign arbitration agreements and awards. Part I describes the background of arbitration laws in Pakistan. Part II explains the applicable substantive and procedural rules for the recognition and enforcement of foreign arbitration agreements and awards and other important issues, such as the severability of arbitration clauses from main agreements, questions of public policy, and interim measures supporting foreign arbitration. Part III analyses the recent enactments that implement the New York and the ICSID Conventions in Pakistan.

Author : Bruno Zeller
Publisher : Springer Nature
ISBN 13 : 9811626340
Total Pages : 194 pages
Book Rating : 4.40/5 ( download)

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Download or read book Enforcement of Foreign Arbitral Awards and the Public Policy Exception written by Bruno Zeller and published by Springer Nature. This book was released on 2021-07-22 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book presents arguments derived from primary sources related to international arbitration in South Asian jurisdictions, a list of the same is made available therein. The book is a research statement on the contemporary concerns within international commercial arbitration, especially related to enforcement of foreign arbitral awards. Importantly, the book through a unique methodology of interface, presents the gratuitous nature of Article 34 of the UNCITRAL Model Law when read with Article V of the New York Convention, especially the plea to the States within Article VII of the same Convention to ease the restrictions and the process of enforceability of foreign arbitral awards. The book also articulates another important and immediate need with regard to international arbitration – the delimitation of public policy exception to recognition and enforcement of foreign arbitral awards. It critiques the jurisprudence related to arbitration in jurisdictions spread across different geographic regions, thereby enabling the reader to gain an insight into their practices, apart from ensuring a comparative perspective. The book addresses the primary concern related to international arbitration – enforcement of foreign arbitral awards and the grounds for challenges articulated within the New York Convention and the UNCITRAL Model Law. It addresses these grounds, and articulates the necessity for carving the criteria for the application of public policy exception. The book will not only be a useful resource for policy makers, students and researchers interested in international commercial arbitration, and private international law, but also for practitioners working on dispute resolution in trans-jurisdictional disputes in South Asia and beyond. “...The present book is not just another book contributing to the endless list of literature already widely used in International Commercial Arbitration on public policy but, in my opinion, is unique in many respects. The distinguishing factor of this book is its regional perspective..." - Justice Deepak Verma, Former Judge of Supreme Court of India and Arbitrator “...This book addresses this core element of the success story of arbitration: enforcement and refusal to enforce and, hence, its relevance cannot be overstated...” - Csongor István Nagy, Professor of Law and Head, Department of Private International Law, University of Szeged, Hungary Detailed Forewords are available in the book and can be freely downloaded from https://link.springer.com/book/10.1007/978-981-16-2634-0

Author : Ihab Abdel Salam Amro
Publisher : Cambridge Scholars Publishing
ISBN 13 : 1443858668
Total Pages : 197 pages
Book Rating : 4.63/5 ( download)

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Download or read book Recognition and Enforcement of Foreign Arbitral Awards in Theory and in Practice written by Ihab Abdel Salam Amro and published by Cambridge Scholars Publishing. This book was released on 2014-03-26 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book initiates a discussion of the law and practice of recognition and enforcement of foreign arbitral awards in both common law and civil law countries. In terms of law, this book principally focuses on the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958, and the harmony or clash between the New York Convention and national arbitration laws of both common law and civil law countries including the UK and the USA (as common law countries), and France, Germany and Greece (as civil law countries). In terms of practice, this book deeply and extensively examines the judicial application of the New York Convention in national courts of common law and civil law countries, and sheds light on the best practices related to the judicial application of the New York Convention, while also highlighting how future disputes can be resolved in national courts. As such, this book provides solutions for salient and recurring problems arising out of the erroneous judicial application or interpretation of the New York Convention by national courts, and encourages the adoption of a more liberal regime in favour of the recognition and enforcement of foreign arbitral awards generally, and the adoption of a more liberal interpretation of the New York Convention in national courts of both common law and civil law countries particularly. This book, which is based on more than 100 courts’ decisions from common law and civil law countries, is a valuable resource for academics, arbitrators, practicing lawyers, corporate counsels, law students and researchers interested in international commercial arbitration, as well as for business professionals involved in international trade, and those who are willing to solve their commercial disputes through arbitration.

Author : Ikram Ullah
Publisher : Kluwer Law International
ISBN 13 : 9789403517025
Total Pages : 320 pages
Book Rating : 4.26/5 ( download)

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Download or read book Arbitration Law of Pakistan written by Ikram Ullah and published by Kluwer Law International. This book was released on 2021-06-18 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Driven to a significant extent by Pakistan's rapidly growing status in trade and economic partnerships - in particular considering the country's role in the China and Pakistan Economic Corridor (CPEC) - interest in Pakistan's dispute settlement regime is on the rise. This ground-breaking book, by Pakistan's best-known arbitrator, practitioner, and legal scholar, is the first in any language to provide in-depth coverage of all significant topics of Pakistani law on both domestic and foreign arbitration, ranging from drafting of the arbitration agreement to the enforcement of arbitral awards. With comprehensive coverage of Pakistani statutes and case law affecting arbitration and bilateral investment treaties (BITs), the author describes and analyses such issues and topics as the following: concepts of separability, arbitrability, and competence-competence; rules governing the conclusion, interpretation, and enforcement of arbitration agreements; grounds on which courts assume jurisdiction; legal issues pertaining to the stay of court proceedings in relation to both domestic and foreign arbitration; constitution of arbitral tribunals; interim measures; judicial review of both domestic and foreign arbitral awards; and available remedies of appeal and revision. Positioned to become the preeminent authority on the arbitration law of Pakistan, this book will be welcomed not only by Pakistani practitioners, arbitrators, judges, students, and academics as the first practical guide to arbitration practice and procedure in their country but also by foreign practitioners approaching Pakistani courts seeking interim measures and enforcement of arbitration agreements and arbitral awards. In addition, both domestic and foreign businessmen will discover clear paths to well-informed decisions on investment and commercial issues involving Pakistan.

Author : Komal Anwar
Publisher :
ISBN 13 : 9789698372484
Total Pages : 982 pages
Book Rating : 4.82/5 ( download)

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Download or read book Fundamentals of International and Domestic Arbitration written by Komal Anwar and published by . This book was released on 2019 with total page 982 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Sai Ramani Garimella
Publisher : Springer
ISBN 13 : 9811034583
Total Pages : 442 pages
Book Rating : 4.89/5 ( download)

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Download or read book Private International Law written by Sai Ramani Garimella and published by Springer. This book was released on 2017-01-19 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book shows how, with the increasing interaction between jurisdictions spearheaded by globalization, it is gradually becoming impossible to confine transactions to a single jurisdiction. Presented in the form of a compendium of essays by eminent academics and practitioners in the field, it provides a detailed overview of private, international law practice in South Asian nations, addressing contemporary discourse within this knowledge domain. Conflict of laws/private international law arises from the universal acknowledgment that it is difficult to govern human transactions solely by the local law. The research presented addresses the three major threads of private international law – jurisdiction, choice of law and enforcement – within each of the South Asian countries in the areas of family law and commercial law. The research in family law domain includes traditional areas such as marriage, divorce and maintenance, as well as some of the contemporary concerns in this region – inter-country child retrieval, surrogacy, and the country statement on accession to the Hague Conventions related to this domain. In commercial law the research explores the concerns raised with regard to choice of law issues in transnational contracts, and also enforcement of foreign judgment/arbitral awards in the nations of this region.

Author : Margaret L. Moses
Publisher : Cambridge University Press
ISBN 13 : 1139469975
Total Pages : 91 pages
Book Rating : 4.75/5 ( download)

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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.

Author : Leng Sun Chan
Publisher : Academy Publishing
ISBN 13 : 9810888120
Total Pages : 391 pages
Book Rating : 4.21/5 ( download)

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Download or read book Singapore Law on Arbitral Awards written by Leng Sun Chan and published by Academy Publishing. This book was released on 2011 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Mostafa Fahim Nia
Publisher :
ISBN 13 : 9781536121100
Total Pages : 0 pages
Book Rating : 4.0X/5 ( download)

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Download or read book The Enforcement of Foreign Arbitral Awards written by Mostafa Fahim Nia and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book concentrates on the enforcement of foreign arbitral awards under the New York Convention. It is to be noted that the subject is an immense area which allows for an unlimited amount of analysis and discussion. Therefore, the focus will be directed at those key issues which, in the author's estimation, are most likely to represent the core of recognition and enforcement before the national courts. The importance of this book stems from the importance of arbitration as a peaceful means to settle disputes in the field of international trade. In fact, the effectiveness of international arbitration depends on the question of whether the awards can be enforced against the losing party. Therefore, the enforcement of foreign arbitral awards is considered as a significantly important subject in the field of international commercial arbitration. The main objectives of this book are: to provide a detailed and comprehensive account of how foreign arbitral awards are recognised and enforced; to identify and analyse the main controversies and complexities in the judicial application of the New York Convention; to cast light on unexplored corners and highlight unanticipated problems; and to suggest ways forward for the legal systems in question. This book seeks also to examine the commitment of the countries towards the application of the New York Convention, particularly with regard to the application of Article V in refusing the enforcement of foreign awards. The use of a comparative method in this book will provide more information for understanding the countries attitudes toward foreign arbitration. This method will provide similarities and differences between the roles of national courts in enforcing foreign arbitral awards, and can be used to deduce the best way to implement the provisions of foreign arbitral awards. It highlights also areas of strengths and weaknesses concerning the law prevailing in each jurisdiction. In this regard, the author would like to state that this is the first comparative study addressing the subject of foreign awards enforcement under the current regimes in almost all countries (common law and civil law countries). Therefore, this book will act as a valuable resource and will enrich the legal library with a contemporary comparative study.

Author :
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.41/5 ( download)

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Download or read book Enforcement of Foreign Arbitral Awards written by and published by . This book was released on 1979 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: