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 : 4.80/5 ( download)

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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.

Author : James H. Carter
Publisher : Oxford University Press
ISBN 13 : 019993861X
Total Pages : 725 pages
Book Rating : 4.12/5 ( download)

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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.

Author : John A. Tackaberry
Publisher :
ISBN 13 :
Total Pages : 302 pages
Book Rating : 4.44/5 ( download)

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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:

Author : Matti Kurkela
Publisher : Oxford University Press, USA
ISBN 13 :
Total Pages : 522 pages
Book Rating : 4.47/5 ( download)

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Download or read book Due Process in International Commercial Arbitration written by Matti Kurkela and published by Oxford University Press, USA. This book was released on 2005 with total page 522 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique guide aids arbitration counsel and arbitrators alike by identifying a uniform universal procedural code for international commercial arbitration. Moving beyond institution or jurisdictionally-specific analysis to the global, this treatise examines and reconciles the principles of international due process as they continue to emerge. More than just a useful exercise, this approach of finding a unifying arbitration principle in light of the diversity of national traditions is expected to become the standard procedure in arbitral law.

Author : Dilyara Nigmatullina
Publisher : Routledge
ISBN 13 : 1351068628
Total Pages : 279 pages
Book Rating : 4.28/5 ( download)

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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.

Author : Nigel Blackaby
Publisher : Oxford University Press, USA
ISBN 13 : 9780198738992
Total Pages : 928 pages
Book Rating : 4.94/5 ( download)

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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]

Author : Frank-Bernd Weigand
Publisher : OUP Oxford
ISBN 13 : 0191579971
Total Pages : 2585 pages
Book Rating : 4.74/5 ( download)

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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.

Author : Jeffrey Waincymer
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041140670
Total Pages : 1408 pages
Book Rating : 4.78/5 ( download)

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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.

Author : Khan, Basheer Ahmed Mohammed
Publisher : IGI Global
ISBN 13 : 1668440423
Total Pages : 298 pages
Book Rating : 4.21/5 ( download)

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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.

Author : Ajar Rab
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403537558
Total Pages : 592 pages
Book Rating : 4.59/5 ( download)

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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.