Commercial Dispute Resolution 2020
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| Author | : Zena Prodromou |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 313 |
| Release | : 2020-08-12 |
| Genre | : Law |
| ISBN | : 9403520019 |
In the process of resolving disputes, it is not uncommon for parties to justify actions otherwise in breach of their obligations by invoking the need to protect some aspect of the elusive concept of public order. Until this thoroughly researched book, the criteria and factors against which international dispute bodies assess such claims have remained unclear. Now, by providing an in-depth comparative analysis of relevant jurisprudence under four distinct international dispute resolution systems – trade, investment, human rights and international commercial arbitration – the author of this invaluable book identifies common core benchmarks for the application of the public order exception. To achieve the broadest possible scope for her analysis, the author examines the public order exception’s function, role and application within the following international dispute resolution systems: relevant World Trade Organization (WTO) agreements as enforced by the organization’s Dispute Settlement Body and Appellate Body; international investment agreements as enforced by competent Arbitral Tribunals and Annulment Committees under the International Center for Settlement of Investment Disputes; provisions under the Inter-American Convention of Human Rights and the European Convention of Human Rights as enforced by the Inter-American Court of Human Rights and the European Court of Human Rights, respectively; and the New York Convention as enforced by national tribunals across the world. Controversies, tensions and pitfalls inherent in invoking the public order exception are elucidated, along with clear guidelines on how arguments may be crafted in order to enhance prospects of success. Throughout, tables and graphs systematize key aspects of the relevant jurisprudence under each of the dispute resolution systems analysed. As an immediate practical resource for lawyers on any side of a dispute who wish to invoke or strengthen a public order exception claim, the book’s systematic analysis will be welcomed by lawyers active in WTO disputes, international investment arbitration, human rights law or enforcement of foreign arbitral awards. Academics and policymakers will find a signal contribution to the ongoing debate on the existence, legal basis, content and functions of the transnational public order.
| Author | : Shahla Ali |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 313 |
| Release | : 2020-12-10 |
| Genre | : Law |
| ISBN | : 940352863X |
International Arbitration Law Library Volume 59 The eastward shift in international dispute resolution has already involved initiatives not only to improve support for international commercial arbitration (ICA) and investor-state dispute settlement (ISDS) but also to develop alternatives such as international commercial courts and mediation. Focusing on these initiatives and their accompanying case law and trends in the Asia-Pacific region, this invaluable book challenges existing procedures and frameworks for cross-border dispute resolution in both commercial and treaty arbitration. Specially assembled for this project, an outstanding team of experienced and insightful arbitrators and scholars describes pertinent developments including: ICA and ISDS in the context of China’s Belt and Road Initiative; the Singapore Convention on Mediation; the shift to virtual hearings and other challenges from the COVID-19 pandemic; mistrust of the application of the rule of law in certain East Asian jurisdictions; growing public concern over ISDS arbitration; tensions between confidentiality and transparency; and potential regional harmonisation of the public policy exception to arbitral enforcement. The contributors chart evolving practices and high-profile cases to make informed observations about where changes are needed, as well as educated guesses about the chances of reforms being successful and the consequences if they are not. The main jurisdictions covered are China, Hong Kong, Japan, Malaysia, India, Australia and Singapore. The first in-depth study of recent trends in dispute resolution practice related to business in the Asia-Pacific region, the book’s practical analysis of new resources for dealing with the increasing competition among countries to become credible regional dispute resolution hubs will prove to be of great value to specialists in the international business law sector. Lawyers will be enabled to make informed decisions on which venue and dispute resolution methods are the most suitable for any specific dispute in the region, and policymakers will confidently assess emerging trends in international dispute resolution policy development and treaty-making.
| Author | : S. I. Strong |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 416 |
| Release | : 2021-01-28 |
| Genre | : Law |
| ISBN | : 9780198842842 |
This work provides important insights into how judges and arbitrators resolve complex commercial disputes in both national and international settings. The analysis is built from three major research sources which ensures that the analysis can bridge evidence of perception, behaviours, and outcomes amongst judges and arbitrators. A statistical survey provides a benchmark and point of comparison with the subjective statements arising from an extensive programme of interviews and questionnaires to provide an objective lens on the reasoning process that informs decisions and awards in practice. The outcome, presented in Legal Reasoning across Commercial Disputes, is an evidence-based model of the determining factors in legal reasoning by identifying and quantifying approximately seventy-five objective markers for which data can be compared across the arbitral-judicial, domestic-international, and common law-civil law divides. The methodology provides for a thorough and contextual assessment of legal reasoning by judges and arbitrators in commercial disputes. Legal Reasoning across Commercial Disputes investigates the level of sophistication and complexity associated with commercial arbitration relative to commercial litigation through domestic courts. The study not only helps parties make more informed choices about where and how to resolve their legal disputes, it also assists judges and arbitrators in carrying out their duties by improving counsel's understanding about how to best to craft and present legal arguments and submissions. The study also addresses longstanding theoretical concerns about the legitimacy of national and international commercial arbitration by replacing assumptions and anecdotes with objective data. The final part of the book draws together the various strands of analysis and concludes with a number of forward-looking proposals about how a deeper understanding of legal and judicial reasoning can be established to improve the quality of decisions and outcomes for all parties.
| Author | : Astrid Stadler |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 400 |
| Release | : 2020-11-27 |
| Genre | : Law |
| ISBN | : 1789906059 |
Written by leading authorities in the field of European civil procedure and collective redress, this timely book explores the model collective proceedings rules in the ELI/UNDROIT European Rules of Civil Procedure. It explains the intended application of this ‘best practice’ set of collective redress rules, intended to promote greater consistency in civil and commercial court procedure across Europe, linking to existing European practice and initiatives in the field.
| Author | : Stavros Brekoulakis |
| Publisher | : Cambridge University Press |
| Total Pages | : 591 |
| Release | : 2022-04-21 |
| Genre | : Law |
| ISBN | : 1316519252 |
The book presents international commercial courts from a comparative perspective and highlights their role in transnational adjudication.
| Author | : Jonathan Warne |
| Publisher | : Bloomsbury Professional |
| Total Pages | : 0 |
| Release | : 2009 |
| Genre | : Arbitration and award, International |
| ISBN | : 9781847661340 |
The world of dispute resolution made clear International Commercial Dispute Resolution is a new title that reflects the way in which the litigation arena has changed over recent years. Cross-border business relationships and the present economic climate have markedly increased the potential for commercial disputes to arise between parties in different jurisdictions, and clients are increasingly looking for the most time and cost effective way of resolving disputes. Expert advice from leading practitioners in 24 jurisdictions With contributions from leading practitioners, this practical book looks at dispute resolution in 24 jurisdictions that represent the world s major international trade centres and developing legal systems. User-friendly and practical structure Each chapter is devoted to a different jurisdiction and follows the same structure. It provides a practical summary of the relevant legal systems and offers an insight into the manner in which each jurisdiction seeks to resolve commercial disputes, both through traditional court proceedings and alternative dispute resolution techniques Written by leading local practitioners, each chapter opens with a round-up of the key issues that you will need to consider when dealing with this country, and includes flowcharts summarising the procedural stages of litigation This book is an essential addition to the bookshelf of every international litigator 5 key reasons why you need this book * Covers 24 key jurisdictions throughout the world * Provides an authoritative overview from leading local practitioners * Includes flow charts summarising the procedural stages of litigation * Highlights the key issues that must be considered when dealing with each jurisdiction * Covers traditional court proceedings and alternative dispute resolution techniques 24 jurisdictions covered- Australia; Bermuda; Brazil; Canada; Cayman Islands; China; Czech Republic; England & Wales; France; Germany; Guernsey; Hong Kong; India; Japan; Je
| Author | : Guiguo Wang |
| Publisher | : Springer Nature |
| Total Pages | : 172 |
| Release | : 2020-01-23 |
| Genre | : Law |
| ISBN | : 9811519757 |
This book examines resolution of the disputes between both sides of Belt and Road economic cooperation. To address the problems surrounding legal guarantee and dispute resolution, the International Academy of the Belt and Road has gathered almost 50 experts from over 30 Belt and Road countries and regions to utilize current advances in the dispute resolution mechanism, taking into account the legal systems, legal environment and historical and cultural characteristics of Belt and Road countries and regions. The dispute resolution mechanism presented advocates giving priority to mediation when a dispute arises—arbitration is necessary only when mediation is ineffective. In addition, arbitration should be highly transparent, show respect to both contracting parties, and be equipped with an appeal system. This hands-on book offers detailed explanations of mediation rules, arbitration rules and appeal procedures. On the one hand, this mechanism embodies the integration of the cultures, traditions, legal systems, legal values and legal thoughts of Belt and Road countries and regions. On the other hand, it highlights the importance of mediation, which not only is the idea of oriental culture carrying forward traditional Chinese culture, but also follows the trend of dispute resolution. As a result, the dispute resolution mechanism established in this book is beneficial to the development of the Belt and Road Initiative.
| Author | : Maryam Salehijam |
| Publisher | : Routledge |
| Total Pages | : 155 |
| Release | : 2020-12-10 |
| Genre | : Law |
| ISBN | : 1000262464 |
There is an urgent need to better understand the legal issues pertaining to alternative dispute resolution (ADR), particularly in relation to mediation clauses. Despite the promotion of mediation by dispute resolution providers, policy makers, and judges, use of mediation remains low. In particular, problems arise when parties lack certainty regarding the legal effect of a mediation clause, and the potential uncertainty regarding the binding nature of agreements to pursue mediation is problematic and threatens the growth of ADR. This book closely examines the importance and complexity of mediation clauses in commercial contracts to remedy this persistent uncertainty. Using comparative law methods and detailed empirical research, it explores the creation of a comprehensive framework for the mediation clause. Providing valuable insight into the process of ADR and mediation, this book will be of interest to academics, law makers, law students, in-house council, lawyers, as well as parties interesting in drafting enforceable mediation clauses.
| Author | : Lei Chen |
| Publisher | : Springer Nature |
| Total Pages | : 294 |
| Release | : 2020-04-11 |
| Genre | : Law |
| ISBN | : 3030429741 |
This book brings together articles from leading experts in the field of international dispute resolution. The main focus is on the situation in Asia, though the European perspective also plays an important part. Accordingly, the focus on the Asian dispute resolution market with a distinctly American and European “touch” is one of the book’s most unique features. The dispute resolution market is rapidly transforming, and dispute resolution law is changing with it –especially in Asia. This book highlights recent advances and outlines future trends in this area. Emphasis is especially placed on International Commercial Arbitration Law on the one hand; and on International Investment Arbitration Law on the other. Two dedicated sections address these two topics, while another is dedicated to a quite new phenomenon in the field of international dispute resolution, the emergence of International Commercial Courts not only in Asia, but also in other regions of the world (e.g. in the Netherlands). This raises a host of interesting legal questions, which the book addresses. The book’s final section investigates general trends in dispute resolution (e.g. the rising cost problem in arbitration in general).
| Author | : Maxi Scherer |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 569 |
| Release | : 2021-07-12 |
| Genre | : Law |
| ISBN | : 9403533749 |
The London Court of International Arbitration (LCIA), the oldest of all major arbitral institutions, has, since its establishment well over a century ago, embodied the ideals that underlie the arbitral alternative and set its face against undue delay, soaring cost, complexity, and acrimony. Today, the LCIA administers cases arising under any system of law in any venue worldwide. Underscoring the institution’s international nature, and over 80% of parties in pending LCIA cases today are not of English nationality. This highly practical and user-friendly guide provides not only a thorough analysis of the 2020 LCIA Rules but also a comprehensive explanation of the basic principles governing LCIA arbitration, along with an in-depth analysis of complex issues that may arise in the course of LCIA proceedings. Among the new and revised rules affecting LCIA practice and procedure described in detail include the following: use of technology, accommodating virtual conferencing, remote hearings and electronically signed awards, as well as confirming the primacy of electronic communication with the LCIA; tools to expedite proceedings, including the possibility of early dismissal determinations; explicit consideration of data protection; issues relating to bribery, corruption, terrorist financing, fraud, tax evasion, money laundering and/or economic or trade sanctions; streamlined accommodations for consolidation, composite Requests and concurrent conduct of arbitrations; conduct of authorised representatives of a party; requirements for appointment and removal of tribunal secretaries; and revised schedules of arbitration and mediation costs. The twenty-six chapters of the book provide references to essential national court judgments, statutory provisions, up-to-date statistics, and bibliographical sources on LCIA arbitrations. The 2020 LCIA Rules reflect the most sophisticated current modifications of arbitral procedure, fully aligned with the needs of current global commercial activities. For this reason, and because many companies worldwide include LCIA arbitration clauses in their agreements, this book is invaluable to business executives and corporate counsel as well as to scholars of alternative dispute resolution.
