International Procedure In Interstate Litigation And Arbitration
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| Author | : Eric De Brabandere |
| Publisher | : Cambridge University Press |
| Total Pages | : 445 |
| Release | : 2021-11-25 |
| Genre | : Law |
| ISBN | : 1108963218 |
The settlement of interstate disputes through recourse to courts and tribunals has grown gradually over the years, not only through the creation of new mechanisms to that effect, but also by using existing courts and tribunals. How these different international dispute settlement mechanisms operate in theory and practice is the subject of this comparative analysis by academic and practicing lawyers. The book takes stock of the procedure applicable in various interstate dispute settlement bodies, including international and regional courts and tribunals, and arbitration. This comparative view is essential to a better understanding of the strengths and weaknesses of the various procedural rules and regulations and the practical operation of international litigation. This book is aimed not only at scholars, but also at the courts and tribunals themselves, assisting them in revising their procedures, and at States and organisations developing future international legal mechanisms.
| Author | : Eric De Brabandere |
| Publisher | : Cambridge University Press |
| Total Pages | : 445 |
| Release | : 2021-11-25 |
| Genre | : Law |
| ISBN | : 1108845312 |
This collection presents comparative analyses of the procedural aspects of the settlement of interstate disputes in international law. The contributions offer reflections on the procedure applicable to various interstate dispute settlement bodies, including international as well as regional courts and tribunals.
| Author | : J. G. Merrills |
| Publisher | : Cambridge University Press |
| Total Pages | : 387 |
| Release | : 2011-03-17 |
| Genre | : Law |
| ISBN | : 1139500120 |
A guide to the techniques and institutions used to solve international disputes, how they work and when they are used. This textbook looks at diplomatic (negotiation, mediation, inquiry and conciliation) and legal methods (arbitration, judicial settlement). It uses many, often topical, examples of each method in practice to place the theory of how things should work in the context of real-life situations and to help the reader understand the strengths and weaknesses of different methods when they are used. It also looks at organisations such as the International Court and the United Nations and has been fully updated to include the most recent arbitrations, developments in the WTO and the International Tribunal for the Law of the Sea, as well as case law from the International Court of Justice.
| Author | : Thomas Schultz |
| Publisher | : Oxford University Press |
| Total Pages | : 1008 |
| Release | : 2020-09-11 |
| Genre | : Law |
| ISBN | : 0192515977 |
This Handbook brings together many of the key scholars and leading practitioners in international arbitration, to present and examine cutting-edge knowledge in the field. Innovative in its breadth of coverage, chapter-topics range from the practicalities of how arbitration works, to big picture discussions of the actors involved and the values that underpin it. The book includes critical analysis of some of international arbitrations most controversial aspects, whilst providing a nuanced account overall that allows readers to draw their own informed conclusions. The book is divided into six parts, after an introduction discussing the formation of knowledge in the field. Part I provides an overview of the key legal notions needed to understand how international arbitration technically works, such as the relation between arbitration and law, the power of arbitral tribunals to make decisions, the appointment of arbitrators, and the role of public policy. Part II focuses on key actors in international arbitration, such as arbitrators, parties choosing arbitrators, and civil society. Part III examines the central values at stake in the field, including efficiency, legal certainty, and constitutional ideals. Part IV discusses intellectual paradigms structuring the thinking in and about international arbitration, such as the idea of autonomous transnational legal orders and conflicts of law. Part V presents the empirical evidence we currently have about the operations and effects of both commercial and investment arbitration. Finally, Part VI provides different disciplinary perspectives on international arbitration, including historical, sociological, literary, economic, and psychological accounts.
| Author | : Sheila L. Ager |
| Publisher | : Univ of California Press |
| Total Pages | : 789 |
| Release | : 2023-11-10 |
| Genre | : History |
| ISBN | : 0520913493 |
A great deal of information has come to light over the past several decades about the role of arbitration between the Greek states. Arbitration and mediation were, in fact, central institutions in Hellenistic public life. In this comprehensive study, Sheila Ager brings together the scattered body of literary and epigraphical sources on arbitration, together with up-to-date bibliographic references, and commentary. The sources collected here range widely; Ager presents an exhaustive record of documents ranging from the settlement of a minor territorial squabble between two tiny city-states to the resolution of major conflicts separating the great powers of the day. In addition, Ager's introduction sets the documents in historical context and outlines distinctions among categories of arbitration. The work also includes indices to literary passages, inscriptions, persons, places, subjects, and Greek and Latin terms in the documents. This collection of many previously inaccessible texts will become a primary resource for any scholar or student working in the field of Hellenistic history.
| Author | : Natalie Klein |
| Publisher | : Cambridge University Press |
| Total Pages | : 533 |
| Release | : 2014-04-10 |
| Genre | : Law |
| ISBN | : 1139916076 |
Litigating International Law Disputes provides a fresh understanding of why states resort to international adjudication or arbitration to resolve international law disputes. A group of leading scholars and practitioners discern the reasons for the use of international litigation and other modes of dispute settlement by examining various substantive areas of international law (such as human rights, trade, environment, maritime boundaries, territorial sovereignty and investment law) as well as considering case studies from particular countries and regions. The chapters also canvass the roles of international lawyers, NGOs, and private actors, as well as the political dynamics of disputes, and identify emergent trends in dispute settlement for different areas of international law.
| Author | : Gabrielle Kaufmann-Kohler |
| Publisher | : Oxford University Press |
| Total Pages | : 732 |
| Release | : 2015-10-22 |
| Genre | : Law |
| ISBN | : 0191669199 |
This book expounds the theory of international arbitration law. It explains in easily accessible terms all the fundamentals of arbitration, from separability of the arbitration agreement to competence-competence over procedural autonomy, finality of the award, and many other concepts. It does so with a focus on international arbitration law and jurisprudence in Switzerland, a global leader in the field. With a broader reach than a commentary of Chapter 12 of the Swiss Private International Law Act, the discussion contains numerous references to comparative law and its developments in addition to an extensive review of the practice of international tribunals. Written by two well-known specialists - Professor Kaufmann-Kohler being one of the leading arbitrators worldwide and Professor Rigozzi one of the foremost experts in sports arbitration - the work reflects many years of experience in managing arbitral proceedings involving commercial, investment, and sports disputes. This expertise is the basis for the solutions proposed to resolve the many practical issues that may arise in the course of an arbitration. It also informs the discussion of the arbitration rules addressed in the book, from the ICC Arbitration Rules to the Swiss Rules of International Arbitration, the CAS Code, and the UNCITRAL Rules. While the book covers commercial and sports arbitrations primarily, it also applies to investment arbitrations conducted under rules other than the ICSID framework.
| 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 | : C. L. Lim |
| Publisher | : Cambridge University Press |
| Total Pages | : 551 |
| Release | : 2021-10-21 |
| Genre | : Business & Economics |
| ISBN | : 1108480594 |
A convenient single volume introduction to international arbitration written by experts, including discussion of the latest developments.
| Author | : United Nations. Codification Division |
| Publisher | : New York : United Nations |
| Total Pages | : 268 |
| Release | : 1992 |
| Genre | : Law |
| ISBN | : |
