Theory Law And Practice Of Maritime Arbitration

Author : Eva Litina
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403530316
Total Pages : 172 pages
Book Rating : 4.14/5 ( download)

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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 : Clare Ambrose
Publisher : Taylor & Francis
ISBN 13 : 1317213564
Total Pages : 1088 pages
Book Rating : 4.67/5 ( download)

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Download or read book London Maritime Arbitration written by Clare Ambrose and published by Taylor & Francis. This book was released on 2017-08-15 with total page 1088 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in its fourth edition, this book provides detailed and practical guidance on how London Maritime Arbitration works in practice, against the background of English arbitration law and the Arbitration Act 1996. This unique title is the only book on the market that offers a practical focus on maritime disputes, while also providing a clear exposition of general principles of English arbitration law, with discussion and analysis of applicable legislation and case law. Arbitration practitioners will find everything that they need in one comprehensive book. New to this edition: Guidance on the new LMAA Terms 2017 against the background of English arbitration law, including the Arbitration Act 1996. Fully updated case law and analysis of legal developments, including Brexit. Comparative references to ad hoc and LCIA arbitration. New section on salvage arbitration, Brexit, third party funding. Summaries comparing alternative jurisdictions including Singapore, Hong Kong, Hamburg and New York This book will be invaluable to maritime arbitration practitioners both in private practice and in-house, as well as maritime professionals, such as those working at P&I Clubs, brokers, ship owners, managers and charterers; and more generally to anybody concerned with London arbitration.

Author : Clare Ambrose
Publisher : Infroma Law
ISBN 13 :
Total Pages : 582 pages
Book Rating : 4.12/5 ( download)

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Download or read book London Maritime Arbitration written by Clare Ambrose and published by Infroma Law. This book was released on 2002 with total page 582 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a practical and concise guide to London maritime arbitrations that sets out the procedures and problems that may arise at each stage of an arbitration. By reference to individual cases and statutory provisions, it provides guidance on how to approach in practice such problems as the appointment of arbitrators, fees, costs of arbitration, security for costs, mareva injunctions, and dismissal of claims for want of prosecution. This work has been structured to reflect the far-reaching effects that the Arbitration Bill may have on London maritime arbitrations.

Author : Miriam Goldby
Publisher : Oxford University Press, USA
ISBN 13 : 9780198757948
Total Pages : 0 pages
Book Rating : 4.48/5 ( download)

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Download or read book The Role of Arbitration in Shipping Law written by Miriam Goldby and published by Oxford University Press, USA. This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This new work... is based on papers presented at the inaugural International Shipping Law Roundtable organized by the CCLS in 2014"--Page v.

Author : Gary B. Born
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403532548
Total Pages : 627 pages
Book Rating : 4.47/5 ( download)

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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).

Author : Proshanto K. Mukherjee
Publisher : Springer Nature
ISBN 13 : 3030317498
Total Pages : 796 pages
Book Rating : 4.92/5 ( download)

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Download or read book Maritime Law in Motion written by Proshanto K. Mukherjee and published by Springer Nature. This book was released on 2020-01-23 with total page 796 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides valuable insights into various contemporary issues in public and private maritime law, including interdisciplinary aspects. The public law topics addressed include public international law and law of the sea, while a variety of private law topics are explored, e.g. commercial maritime law, conflict of laws, and new developments in the application of advanced technologies to maritime law issues. In addition, the book highlights current and topical discussions at international maritime forums such as the International Maritime Organization on regulatory and private law matters within the domain of marine environmental law, the law respecting seafarers’ affairs and maritime pedagogics, maritime security, comparative law in the maritime field, trade law, recent case law analysis, taxation law in the maritime context, maritime arbitration, carriage of passengers, port law, and limitation of liability.

Author : Jason Chuah
Publisher : Edward Elgar Publishing
ISBN 13 : 1786438798
Total Pages : 448 pages
Book Rating : 4.99/5 ( download)

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Download or read book Research Handbook on Maritime Law and Regulation written by Jason Chuah and published by Edward Elgar Publishing. This book was released on 2019 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: There have been important developments in commercial practice, technology, shipping infrastructure and sustainability policies in recent times. This Research Handbook examines the major themes surrounding the thinking and studies of maritime law and practice. The stellar panel of contributors take a diverse range of approaches to identify any emerging theoretical and conceptual perspectives in law on what is essentially a fast paced sector of the global economy.

Author : Giovanna E. Gismondi
Publisher : Kluwer Law International B.V.
ISBN 13 : 940353057X
Total Pages : 210 pages
Book Rating : 4.74/5 ( download)

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Download or read book International Environmental Law and International Human Rights Law in Investment Treaty Arbitration written by Giovanna E. Gismondi and published by Kluwer Law International B.V.. This book was released on 2023-08-22 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: Policies aimed at the expansion of transnational capital are sometimes implemented at the expense of growing social inequality and popular frustration in host countries. This timely and deeply researched volume identifies – and offers new insights into – the growing use of and reliance upon international environmental and human rights law in the arbitration of investor–State disputes. It presents a comprehensive and pragmatic approach to the most effective way to connect international investment law to the protection of human rights and the environment. Based on an analysis of 30 arbitral awards, this book demonstrates how recent investment treaty arbitration – and in particular respondent States’ argumentation in arbitral proceedings – highlights the human rights and environmental considerations connected with such factors as the following: the fair and equitable treatment (FET) clause; jurisdictional obstacles; treaty conflict; role of amici curiae; damages; tribunal’s dilution of the significance of environmental and human rights law; corporate social responsibility; free, prior, and informed consent; social license to operate; and (in)applicability of the systemic approach to the interpretation of investment treaties. As investment arbitration continues to be challenged by growing demands for greater public involvement and for participation of third parties that are affected by the proceedings, this book responds to the need to reshape the investment regime into more human rights and environmentally friendly system. It will prove an invaluable resource for arbitral institutions, academics, arbitrators, arbitration counsel, and other participants in investment treaty arbitration.

Author :
Publisher :
ISBN 13 : 9781402441554
Total Pages : 472 pages
Book Rating : 4.5X/5 ( download)

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Download or read book International Arbitration, 2022 written by and published by . This book was released on 2022 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Mauro Rubino-Sammartano
Publisher : Juris Publishing, Inc.
ISBN 13 : 1937518159
Total Pages : 2072 pages
Book Rating : 4.58/5 ( download)

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Download or read book International Arbitration Law and Practice, Third Edition written by Mauro Rubino-Sammartano and published by Juris Publishing, Inc.. This book was released on 2014-01-01 with total page 2072 pages. Available in PDF, EPUB and Kindle. Book excerpt: This third edition of International Arbitration Law and Practice has been largely enriched by covering international commercial arbitrations, investment treaty arbitrations, arbitrations between public bodies, between states and individuals, the UNCITRAL model law and Iran-US Tribunal proceedings as well as commodity arbitration, online arbitration and sports arbitral proceedings. International Arbitration Law and Practice, 3rd edition elaborates new concepts such as a definition of international arbitration based on procedural law (different from transnational law) and a doctrine (the tronc commun doctrine) to identify the applicable substantive law on disputes between parties belonging to different countries. It further suggests that a law of international arbitration has arisen from the various conventions and laws. Besides dealing with all the aspects of arbitration on a topic by topic basis, the writer presents a third generation arbitration which builds on analysis of major obstacles to a smooth running arbitration.International Arbitration Law and Practice, 3rd edition is a work that anyone involved in arbitral proceedings will find to be absolutely indispensable.