Arbitration And The Constitution
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| Author | : Peter B. Rutledge |
| Publisher | : Cambridge University Press |
| Total Pages | : 223 |
| Release | : 2013 |
| Genre | : Law |
| ISBN | : 1107006112 |
Arbitration has become an increasingly important mechanism for dispute resolution, both in the domestic and international setting. Despite its importance as a form of state-sanctioned dispute resolution, it has largely remained outside the spotlight of constitutional law. This landmark work represents one of the first attempts to synthesize the fields of arbitration law and constitutional law. Drawing on the author's extensive experience as a scholar in arbitration law who has lectured and studied around the world, the book offers unique insights into how arbitration law implicates issues such as separation of powers, federalism, and individual liberties.
| Author | : Victor Ferreres Comella |
| Publisher | : Cambridge University Press |
| Total Pages | : 235 |
| Release | : 2021-03-11 |
| Genre | : Law |
| ISBN | : 1108842836 |
The first systematic study of the most important types of arbitration - and their limits - from a constitutional perspective.
| Author | : Dushyant Dave |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 532 |
| Release | : 2021-02-24 |
| Genre | : Law |
| ISBN | : 9041182829 |
India has a long-standing tradition of dispute resolution through arbitration, with arbitral-type regulations going back to the eighteenth century. Today, amendments to the 1996 Indian Arbitration Act, a steady evolution of case law and new arbitral institutions position India’s vibrant system once more at the forefront of international commercial dispute resolution. In this handbook, over forty members of the international arbitration community in India and beyond offer authoritative perspectives and insights into topics on arbitration that matter in India. International arbitration practitioners, Indian practitioners, and scholars have combined efforts to produce a practical and informative guide on the subject. Among numerous notable features, the contributors provide detailed analysis and description of such aspects of arbitration as the following, with a focus on the Indian context: Indian application of the 1958 New York Convention; law governing the merits of the dispute and awards; investor-state dispute settlement; drafting arbitration clauses for India-centric agreements; managing costs and time; rise of virtual arbitration and technology; effect of public policy in light of extensive Indian jurisprudence; and arbitration of claims relating to environmental damage. Practical features include checklists for drafting arbitration clauses and a comparative chart of major commercial arbitration rules applicable to India. Also included is a comparative analysis of arbitral regimes in India, Singapore and England; chapters on the India Model Bilateral Investment Treaty and ISDS reforms; a special section on the enforcement of foreign awards; a section on the drafting of the award guided by leading arbitrators and stakeholders and a review of the new 2021 ICC Rules. For foreign counsel and arbitrators with arbitrations in India, this complete and up-to-date analysis provides guidelines for practitioners, corporate counsel, and judges on considerations to be borne in mind with respect to arbitration with an Indian nexus and whilst seeking enforcement and execution of an arbitral award in India. It will prove an effective tool for students and others in understanding and navigating the particularities and peculiarities of India’s system of domestic and international commercial arbitration.
| Author | : Franco Ferrari |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 288 |
| Release | : 2021-06-25 |
| Genre | : Law |
| ISBN | : 1800882793 |
This indispensable book offers a concise comparative introduction to international commercial arbitration (ICA). With reference to recent case law from leading jurisdictions and up-to-date rules revisions, International Commercial Arbitration offers a thorough overview of the issues raised in arbitration, from the time of drafting of the arbitration clause to the rendering of the arbitral award and the post-award stage.
| Author | : Emmanuel Gaillard |
| Publisher | : Juris Publishing, Inc. |
| Total Pages | : 16 |
| Release | : 2004 |
| Genre | : Law |
| ISBN | : 1929446616 |
| Author | : MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.) |
| Publisher | : |
| Total Pages | : 180 |
| Release | : 2019-09-27 |
| Genre | : |
| ISBN | : 9781680923025 |
A less-expensive grayscale paperback version is available. Search for ISBN 9781680923018. Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions. Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches.
| Author | : Gary B. Born |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 627 |
| Release | : 2021-06-07 |
| Genre | : Law |
| ISBN | : 9403532548 |
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 | : Philippe Fouchard |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 1320 |
| Release | : 1999-09-02 |
| Genre | : Law |
| ISBN | : 9041110259 |
Based on and includes revisions to : Traité de l'arbitrage commercial international / Ph. Fouchard, E. Gaillard, B. Goldman. 1996--Cf. foreword.
| Author | : Gilles Cuniberti |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 345 |
| Release | : 2017-05-26 |
| Genre | : Law |
| ISBN | : 1786432404 |
Arbitration is the normal and preferred mode for resolving international commercial disputes. It presents an essential advantage over national courts by offering neutrality of adjudication, but is currently only available where both parties have consented to it. This innovative book proposes a fundamental rethink of this assumption and argues that arbitration should become the default mode of resolution in international commercial disputes.
| Author | : Jacob Grierson |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2012 |
| Genre | : Arbitration (International law) |
| ISBN | : 9789041138170 |
Focusing on the 2012 ICC Rules and– which apply to all ICC arbitrations commenced on or after 1 January 2012 unless the parties have agreed that an earlier version should apply and– this book serves the needs of the following parties: those who want a full introduction to the topic of ICC arbitration; those who already have a good understanding of how ICC arbitration worked under the old 1998 ICC Rules but are looking for an update on the new 2012 ICC Rules; those who need to take a decision on whether to opt for ICC arbitration; those who have opted for ICC arbitration and need to draft an ICC arbitration clause; and those who are actually faced with the prospect of an ICC arbitration. As far as possible, the book is structured so as to follow the sequence of events that would typically take place in the resolution of a dispute by arbitration. Following a discussion of preliminary matters, the authors go on to describe the process leading from negotiation to arbitration, the initial decisions that may be taken by the ICC International Court of Arbitration, and the different steps in the proceedings before the arbitral tribunal. The book concludes with a discussion of the award and its enforcement. Extensive references to relevant books, articles, websites and other resources as well as a comprehensive glossary further enhance the bookand’s practical value.
