Comparative Law Of International Arbitration
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| Author | : Jean-François Poudret |
| Publisher | : Sweet & Maxwell |
| Total Pages | : 992 |
| Release | : 2007 |
| Genre | : Arbitration (International law) |
| ISBN | : 0421932104 |
Guides practitioners through the international arbitration process from beginning to end. This work covers each step of arbitral procedure, from the conclusion of the arbitration agreement to the enforcement of the arbitral award, from a comparative standpoint, helping practitioners decide which jurisdiction's rules they wish to be bound by
| Author | : Julian D. M. Lew |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 994 |
| Release | : 2003-01-01 |
| Genre | : Law |
| ISBN | : 9041115684 |
This treatise describes the practice of international commercial arbitration with reference to the major international treaties and instruments, arbitration rules and national laws. It provides an analysis of the interaction between party autonomy and arbitration practice.
| 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 | : Nadja Erk |
| Publisher | : |
| Total Pages | : 318 |
| Release | : 2014 |
| Genre | : Law |
| ISBN | : 9789041152640 |
This book depicts and evaluates, in a European context, the pleas and actions which parties may make use of to dissolve the parallel jurisdiction of a national court and an arbitral tribunal. The author undertakes a thorough comparative analysis of the motivations for, and practice of, such pleas and actions with special regard to the major hubs where elaborate arbitration laws are tried and tested by the arbitration community - Germany, France, Switzerland, and England. 0On the basis of four scenarios of parallel proceedings before national courts and arbitral tribunals, the analysis tackles such issues and topics as the following: motivations for initiating parallel proceedings from the various parties' perspectives; remedies available to parties in situations of jurisdictional conflicts; effect of the principle of competence-competence on national courts' review of arbitration agreements; pleas restricting national courts' exercise of jurisdiction to a review of core principles (arbitration defence); self-restraining pleas independent of an arbitration agreement (plea of litispendence); actions for declaratory relief; actions aimed at restraining another court's or tribunal's jurisdiction (anti-suit/anti-arbitration injunctions); pleas invoked to avoid procedural inefficiencies and inconsistencies (plea of res judicata); counsel's duty of care and arbitral tribunal's mandate to issue an enforceable award; and litigation culture versus arbitration-friendliness.
| Author | : Mikaël Schinazi |
| Publisher | : Cambridge University Press |
| Total Pages | : 385 |
| Release | : 2021-12-16 |
| Genre | : Law |
| ISBN | : 1108871747 |
A unique history of modern international commercial arbitration theory and practice, this book draws on a wide range of sources from the eighteenth century to the present. It sets out the origins and evolution of the modern regime of international arbitration, the International Chamber of Commerce and current controversies.
| 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 | : Alec Stone Sweet |
| Publisher | : Oxford University Press |
| Total Pages | : 207 |
| Release | : 2017-02-10 |
| Genre | : Law |
| ISBN | : 0191060240 |
The development of international arbitration as an autonomous legal order comprises one of the most remarkable stories of institution building at the global level over the past century. Today, transnational firms and states settle their most important commercial and investment disputes not in courts, but in arbitral centres, a tightly networked set of organizations that compete with one another for docket, resources, and influence. In this book, Alec Stone Sweet and Florian Grisel show that international arbitration has undergone a self-sustaining process of institutional evolution that has steadily enhanced arbitral authority. This judicialization process was sustained by the explosion of trade and investment, which generated a steady stream of high stakes disputes, and the efforts of elite arbitrators and the major centres to construct arbitration as a viable substitute for litigation in domestic courts. For their part, state officials (as legislators and treaty makers), and national judges (as enforcers of arbitral awards), have not just adapted to the expansion of arbitration; they have heavily invested in it, extending the arbitral order's reach and effectiveness. Arbitration's very success has, nonetheless, raised serious questions about its legitimacy as a mode of transnational governance. The book provides a clear causal theory of judicialization, original data collection and analysis, and a broad, relatively non-technical overview of the evolution of the arbitral order. Each chapter compares international commercial and investor-state arbitration, across clearly specified measures of judicialization and governance. Topics include: the evolution of procedures; the development of precedent and the demand for appeal; balancing in the public interest; legitimacy debates and proposals for systemic reform. This book is a timely assessment of how arbitration has risen to become a key component of international economic law and why its future is far from settled.
| Author | : Simon Vorburger |
| Publisher | : Kluwer Law International |
| Total Pages | : 328 |
| Release | : 2014 |
| Genre | : Law |
| ISBN | : 9789041154194 |
In the wake of the recent economic downturn, an increasing number of parties to international arbitrations have become subject to insolvency proceedings. The consequences of such intersection of international arbitration and cross-border insolvency are unclear. Transnational inconsistencies and difficulties continue to emerge, and in many ways the debate regarding how to deal with cross-border insolvency questions in arbitration is just beginning.
| Author | : Bernard Hanotiau |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 414 |
| Release | : 2005-01-01 |
| Genre | : Law |
| ISBN | : 904112442X |
Provides an analysis of the issues arising from multiparty-multicontract arbitrations, including those involving States and groups of companies. This work analyses theories on the basis of which courts and arbitral tribunals determine who are parties to the arbitration clause; and whether an arbitration clause may be extended to non-signatories.
| Author | : Kyriaki Noussia |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 209 |
| Release | : 2010-03-10 |
| Genre | : Law |
| ISBN | : 3642102247 |
Arbitration is an essential component in business. In an age when transparency is a maxim, important issues which the laws governing arbitration currently fail to address are the extent to which disclosure of information can be constrained by private agreement along with the extent to which the duty to preserve confidentiality can be stretched. Absent a coherent legal framework and extensive qualitative and quantitative data, it is equally difficult to suggest and predict future directions. This book offers a tool for attaining centralised access to otherwise fragmentary and dispersed material, as well as a comprehensive analysis and detailed exposition of the position in relation to confidentiality in arbitration in the jurisdictions of England, USA, France and Germany.
