Arbitration Precepts And Principles
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Arbitration
Author | : Thomas J. Stipanowich |
Publisher | : Aspen Publishing |
Total Pages | : 358 |
Release | : 2022-09-15 |
Genre | : Law |
ISBN | : 1543859194 |
Arbitration: Practice, Policy, and Law provides students with a practice-based approach that helps them apply legal concepts under the Federal Arbitration Act and other laws, and better identify the value of arbitration practice and procedures. This casebook provides vivid examples from actual cases, literature, and current media. It also offers diverse readings by leading authors, along with comprehensive attention to prominent developments in the field and access to video interviews of 100 arbitrators and leading arbitration scholars. The text integrates coverage of law, ethics, and practice, as well as interesting notes, thoughtful problems, and provocative questions. It includes all the coverage of arbitration found in Resolving Disputes, the survey text. Buy a new version of this textbook and receive access to the Connected eBook on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Professors and students will benefit from: Strong authorship, from leading scholar-practitioners at the two #1 law schools in Dispute Resolution—Pepperdine and Ohio State University. A practice-based approach that helps students apply concepts, including realistic roleplays, exercises, and problems that facilitate classroom discussion. Concise content, with organization and readings designed to support a class that considers law in the context of practice, instead of solely focusing on law – as is common with most arbitration casebooks. Informal writing style, interesting examples, practical advice, and thought-provoking questions, all written specifically for law students who will soon represent clients in resolving disputes. A variety of carefully designed, skills-oriented exercises on negotiating and drafting arbitration and dispute resolution procedures, conducting and managing arbitration processes, and deliberating and drafting arbitration awards. Unique attention to technology, and the role is now plays in modern arbitration practice. Discrete treatment of arbitration practice in business-to-business settings and consumer or employment scenarios. Access to 100 interviews with arbitration leaders. An overview of the many forms of arbitration, and the flexibility inherent in arbitration as a consensual dispute resolution process. Unique treatment of mixed mode scenarios involving forms of interplay between arbitration and mediation or negotiation.
The American Influences on International Commercial Arbitration
Author | : Pedro J. Martinez-Fraga |
Publisher | : Cambridge University Press |
Total Pages | : 405 |
Release | : 2009-03-30 |
Genre | : Law |
ISBN | : 1139478052 |
This text traces the contours of US doctrinal developments concerning international commercial arbitration. It explores international commercial arbitration as a bridge that creates symmetry between what the author perceives as an anomaly arising from the disparities between the monolithic framework arising from economic globalization and a fragmented global judicial counterpart. Specifically, American common law discovery precepts are analyzed through the prism of the fundamental precepts of party-autonomy, predictability, uniformity, and transparency of spender, which the author contends to be the rudimentary tenets of both the American common law procedural rubric and the very principles that international commercial arbitration seeks not only to preserve but to enhance. Therefore, as the author asserts, the discovery process endemic to American common law comports more closely with international commercial arbitration both procedurally and theoretically than with those of the 'taking of evidence' methodology commonly used in international commercial arbitrations held under the auspices of arbitral institutional bodies.
The American Influence on International Commercial Arbitration
Author | : Pedro J. Martínez-Fraga |
Publisher | : Cambridge University Press |
Total Pages | : 433 |
Release | : 2009 |
Genre | : Arbitration and award |
ISBN | : 0521765889 |
General Principles of Law and International Investment Arbitration
Author | : Andrea Gattini |
Publisher | : BRILL |
Total Pages | : 475 |
Release | : 2018-05-29 |
Genre | : Law |
ISBN | : 9004368388 |
General Principles of Law in Investment Arbitration surveys the function of general principles in the field of international investment law, particularly in investment arbitration. The authors’ analysis provides a representative case study of how this informal source operates alongside and in the absence of other sources of applicable law. The contributions are divided into two parts, devoted respectively to substantive principles and procedural ones. The principles discussed in the book are selected for their currency in the practice, their contested nature and their relevance.
American Arbitration
Author | : Frances Kellor |
Publisher | : Beard Books |
Total Pages | : 282 |
Release | : 2000 |
Genre | : Law |
ISBN | : 1893122581 |
This book makes for interesting reading as it traces the two pioneer organizations that consolidated in 1926 to form the American Arbitration Association. The role and influence of the Association in its first twenty years of existence are noteworthy as the book covers the practice of American arbitration and the American concept and organization of international commercial arbitration. The final chapter is devoted to the builders of American arbitration.
International Arbitration in the 21st Century: Toward "Judicialization" and Conformity?
Author | : Charles N. Brower |
Publisher | : BRILL |
Total Pages | : 314 |
Release | : 2023-10-09 |
Genre | : Business & Economics |
ISBN | : 9004636676 |
Is international arbitration becoming too "judicial" and conformist? This important book addresses this issue with detailed attention to the arbitral procedure, the law applicable to the dispute being arbitrated, and the review of awards. The authors include members of various international tribunals, leading lawyers, and distinguished academics from the United States and abroad. Published under the Transnational Publishers imprint.
International Law Reports
Author | : E. Lauterpacht |
Publisher | : Cambridge University Press |
Total Pages | : 550 |
Release | : 1972 |
Genre | : Law |
ISBN | : 9780521463898 |
International Law Reports is the only publication in the world wholly devoted to the regular and systematic reporting in English of courts and arbitrators, as well as judgements of national courts.
Manual of Mediation and Arbitration in Intellectual Property
Author | : Alice Kelly |
Publisher | : Editora Dialética |
Total Pages | : 84 |
Release | : 2023-06-30 |
Genre | : Law |
ISBN | : 6525298970 |
Manual of Mediation and Arbitration in Intellectual Property: Model for Developing Countries, written by Alice Kelly, this book is for students, professionals, and researchers who perform their services in the Intellectual Property field. The book offers a practical and innovative approach for Alternative Dispute Resolutions (ADR), with solid examples, and clear orientations about arbitration and mediation practices. This book also contributes for the dissemination of knowledge on the Intellectual Property Dispute Resolution.
General Principles of Law and International Due Process
Author | : Charles T. Kotuby, Jr. |
Publisher | : Oxford University Press |
Total Pages | : 305 |
Release | : 2017-02-15 |
Genre | : Law |
ISBN | : 0190642726 |
Article 38 of the Statute of the International Court of Justice defines "international law" to include not only "custom" and "convention" between States but also "the general principles of law recognized by civilized nations" within their municipal legal systems. In 1953, Bin Cheng wrote his seminal book on general principles, identifying core legal principles common to various domestic legal systems across the globe. This monograph summarizes and analyzes the general principles of law and norms of international due process, with a particular focus on developments since Cheng's writing. The aim is to collect and distill these principles and norms in a single volume as a practical resource for international law jurists, advocates, and scholars. The information contained in this book holds considerable importance given the growth of inter-state intercourse resulting in the increased use of general principles over the past 60 years. General principles can serve as rules of decision, whether in interpreting a treaty or contract, determining causation, or ascertaining unjust enrichment. They also include a core set of procedural requirements that should be followed in any adjudicative system, such as the right to impartiality and the prohibition on fraud. Although the general principles are, by definition, basic and even rudimentary, they hold vital importance for the rule of law in international relations. They are meant not to define a rule of law, but rather the rule of law.