Rethinking International Commercial Arbitration
Download Rethinking International Commercial Arbitration full books in PDF, epub, and Kindle. Read online free Rethinking International Commercial Arbitration ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
| 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 | : Margaret L. Moses |
| Publisher | : Cambridge University Press |
| Total Pages | : 91 |
| Release | : 2008-03-17 |
| Genre | : Law |
| ISBN | : 1139469975 |
This title provides the reader with immediate access to understanding the world of international arbitration. Arbitration has become the dispute resolution method of choice in international transactions. This book explains how and why arbitration works. It provides the legal and regulatory framework for international arbitration, as well as practical strategies to follow and pitfalls to avoid. It is short and readable, but comprehensive in its coverage of the basic requirements, including changes in arbitration laws, rules, and guidelines. In the book, the author includes insights from numerous international arbitrators and counsel, who tell firsthand about their own experiences of arbitration and their views of the best arbitration practices. Throughout the book, the principles of arbitration are supported and explained by the practice, providing a concrete approach to an important means of resolving disputes.
| Author | : Sherlin Tung |
| Publisher | : |
| Total Pages | : 512 |
| Release | : 2019-11-26 |
| Genre | : |
| ISBN | : 9789403506340 |
Finances in International Arbitration' focuses on various aspects of finances of arbitration, such as evaluating the costs of disputes, arbitral institution costs, financing of disputes, recovery of costs of arbitration and other related financial matters. Costs of arbitration have always been a main concern in international arbitration. It is a topic most often discussed and analysed. In spite of the recent developments in third-party funding regulations as well as other mechanisms made available to users of arbitration to reduce costs, the topic remains a key focus for users of arbitration. This book celebrates the career of Patricia Shaughnessy, in particular, for the establishment of the top-ranked Masters of Law (?LLM?) programme in International Commercial Arbitration at Stockholm University. Over twenty-five renowned practitioners and academics worldwide, who have been influenced by Patricia Shaughnessy, explore this much-debated topic on the occasion of her 65th birthday.
| Author | : Luke Nottage |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 424 |
| Release | : 2021-02-26 |
| Genre | : Law |
| ISBN | : 1800880820 |
This thought-provoking book combines analysis of international commercial and investment treaty arbitration in order to examine how they have been framed by the twin tensions of ‘in/formalisation’ and ‘glocalisation’. Taking a comparative approach, the book focuses on Australia and Japan in their attempts to become regional hubs for international arbitration and dispute resolution services in the increasingly influential Asia-Pacific context as well as a global context.
| Author | : Giuditta Cordero-Moss |
| Publisher | : Cambridge University Press |
| Total Pages | : 453 |
| Release | : 2013-03-14 |
| Genre | : Law |
| ISBN | : 1107033489 |
Highlights specific features of various international commercial arbitration forms, thus enabling lawyers drafting arbitration clauses to make informed choices.
| 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 | : Steven Mulroy |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 176 |
| Release | : |
| Genre | : Election law |
| ISBN | : 1788117514 |
Recent U.S. elections have defied nationwide majority preference at the White House, Senate, and House levels. This work of interdisciplinary scholarship explains how “winner-take-all” and single-member district elections make this happen, and what can be done to repair the system. Proposed reforms include the National Popular Vote interstate compact (presidential elections); eliminating the Senate filibuster; and proportional representation using Ranked Choice Voting for House, state, and local elections.
| Author | : Barbara Alicja Warwas |
| Publisher | : Springer |
| Total Pages | : 395 |
| Release | : 2016-09-24 |
| Genre | : Law |
| ISBN | : 9462651116 |
This book offers an innovative approach to the topic of liability in international arbitration, a controversial topic that has heretofore not been fully explored in the scholarship. Arbitral institutions have recently emerged as powerful actors with new functions in and outside arbitration processes. The author proposes to shift the debate on liability from arbitrators to the arbitral institutions. The book re-evaluates the orthodox understanding of the status, functions, and responsibility of arbitral institutions and is recommended for arbitration scholars, practitioners, and students. It is argued that the current regulations regarding liability are inadequate given both the contractual obligations and the emerging public function of arbitral institutions and that institutional arbitral liability is therefore necessary. The book also links the contemporary functions of arbitral institutions to recent debates regarding legitimacy challenges in international commercial arbitration. Responding to these challenges, a model of institutional contractual liability is proposed that invites arbitral institutions to proactively regulate the scope of their liability.
| Author | : Catherine A. Rogers |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 0 |
| Release | : 2014 |
| Genre | : Law |
| ISBN | : 9780198713203 |
International arbitration is a remarkably resilient institution, but many unresolved and largely unacknowledged ethical quandaries lurk below the surface. Globalization of commercial trade has increased the number and diversity of parties, counsel, experts and arbitrators, which has in turn lead to more frequent ethical conflicts just as procedures have become more formal and transparent. The predictable result is that ethical transgressions are increasingly evident and less tolerable. Despite these developments, regulation of various actors in the system arbitrators, lawyers, experts, third-party funders and arbitral institutions remains ambiguous and often ineffectual. Ethics in International Arbitration systematically analyses the causes and effects of these developments as they relate to the professional conduct of arbitrators, counsel, experts, and third-party funders in international commercial and investment arbitration. This work proposes a model for effective ethical self-regulation, meaning regulation of professional conduct at an international level and within existing arbitral procedures and structures. The work draws on historical developments and current trends to propose analytical frameworks for addressing existing problems and reifying the legitimacy of international arbitration into the future.
| Author | : Andrea M. Steingruber |
| Publisher | : OUP Oxford |
| Total Pages | : 727 |
| Release | : 2012-03-15 |
| Genre | : Law |
| ISBN | : 0191638196 |
Examining the notion, nature, and extent of consent in both commercial arbitration and investment arbitration, this book provides practitioners and academics with a thorough, case-related analysis of an issue which raises many questions. Whilst considering the evolution of arbitration and its consensual nature - enlargement of the parties' freedom to consent to arbitration, and development from commercial arbitration to investment arbitration - it addresses important theoretical questions to offer practical solutions. These include: how consent to arbitrate is expressed and when mutual consent to arbitration is reached; which law shall govern the arbitration agreement or, more particularly, consent as an element of the substantive validity of it; and, conversely, according to which law will a possible lack of consent be judged; how consent should be interpreted; which relationship exists between consent as part of the substantive validity of an arbitration agreement and its formal validity; which, if any, are the implied terms when consenting to arbitration; how consent to arbitrate influences procedural aspects (counterclaims, joinder, consolidation), and which solutions adopted by treaties, national laws or arbitration rules are, or would be, the most respectful of parties' consent in this respect; what in investment arbitration is the relationship between consent and most-favoured-nation clauses or the influence of umbrella clauses. The book includes original arguments and puts forward new suggestions with regard to the changeable consensual character of arbitration. It also provides a particular focus on problems that frequently arise in practice of international arbitration, for example issues related to complex multiparty arbitration and to jurisdictional questions in investment arbitration.
