Yearbook Commercial Arbitration V Xxix 2004
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| Author | : Albert J. Van den Berg |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 1314 |
| Release | : 2004-12-01 |
| Genre | : Law |
| ISBN | : 9041123490 |
For nearly three decades the international legal, business and academic communities have relied on theYearbook Commercial Arbitration for comprehensive coverage of the complex field of international commercial arbitration. With its reporting on developments in legislation and arbitral institutions, and its excerpts of arbitral awards and court decisions, Volume XXIX continues the Yearbook?s tradition of providing topical information in special sections, covering: Awards from arbitral institutions not readily available elsewhere. Court decisions on arbitration, including: Canadian court decisions on awards made in connection with NAFTA Chapter 11 and US Supreme Court decisions on procedural issues, damages and the applicability of the Federal Arbitration Act. Arbitration rules from leading arbitral institutions, this year featuring: The new arbitration rules and code of ethics from the Arbitration Chamber of Milan, with an introduction by Rinaldo Sali. The New Swiss Rules of International Arbitration, introduced by Dr. Wolfgang Peter. The American Arbitration Association/American Bar Association?s Code of Ethics for Arbitrators in Commercial Disputes, with an introduction by William K. Slate II. The Guidelines on Conflicts of Interest in International Commercial Arbitration issued by the International Bar Association. The International Law Association=s resolution on public policy as a ground for refusing recognition or enforcement of international arbitral awards, introduced by Pierre Mayer and Audley Sheppard. Court Decisions on the leading international arbitration conventions, with: Excerpts of 72 court decisions applying the 1958 New York Convention from the national courts of 10 countries, including extensive coverage of recent decisions from the German courts. US decisions applying the 1975 Panama Convention. A Bibliography of recent books and journals on arbitration. Edited by the International Council for Commercial Arbitration (ICCA), the world?s leading organization representing practitioners and academics in the field, the Yearbook is a vital resource for anyone involved in the practice and study of international arbitration.
| Author | : Albert Jan Van Den Berg |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 494 |
| Release | : 2012-12-01 |
| Genre | : Law |
| ISBN | : 9041142304 |
The Yearbook Commercial Arbitration continues its longstanding commitment to serving as a primary resource for the international arbitration community with reporting on arbitral awards and court decisions applying the leading arbitration conventions, as well as on arbitration legislation and rules. Volume XXXVII (2012) includes: excerpts of arbitral awards made under the auspices of the International Chamber of Commerce (ICC); notes on new and amended arbitration rules, including references to their online publication; notes on recent developments in arbitration law and practice in Colombia, Finland, Hungary, India, Lithuania, Montenegro, Portugal, Singapore, South Sudan, Tajikistan, Turkey and Venezuela; excerpts of 82 court decisions applying the 1958 New York Convention from 22 countries – including for the first time, cases from Bosnia and Herzegovina, Guatemala and Uruguay – all indexed by subject matter and linked to the General Editor’s published commentaries on the New York Convention; an extensive Bibliography of recent books and journals on arbitration. The Yearbook is edited by the International Council for Commercial Arbitration (ICCA), the world’s leading organization representing practitioners and academics in the field, with the assistance of the Permanent Court of Arbitration, The Hague. It is an essential tool for lawyers, business people and scholars involved in the practice and study of international arbitration.
| Author | : Albert Jan Van Den Berg |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 620 |
| Release | : 2011-12-15 |
| Genre | : Law |
| ISBN | : 9041142991 |
The Yearbook Commercial Arbitration continues its longstanding commitment to serving as a primary resource for the international arbitration community with reporting on arbitral awards and court decisions applying the leading arbitration conventions, as well as on arbitration legislation and rules.
| Author | : Anton G. Maurer |
| Publisher | : Juris Publishing, Inc. |
| Total Pages | : 398 |
| Release | : 2013-06-01 |
| Genre | : Law |
| ISBN | : 1937518221 |
The Public Policy Exception under the New York Convention: History, Interpretation, and Application describes in detail the drafting history of the public policy exception of Art. V (2) (b) of the New York Convention in order to determine the purpose the signatory states wanted to achieve with this clause. The book also explains how this clause is applied by the courts in many economically relevant states, and especially in Brazil, Russia, India, and China. In September 2012, the Indian Supreme Court, in a case entitled Bharat Aluminium Co. v. Kaiser Aluminium Technical Service, Inc., announced a long expected decision practically reversing the judgments of Bhatia International and Venture Global and holding that Indian Courts are not permitted to set aside foreign arbitral awards. In this Revised Edition, the author explains and explores the reasoning of the Indian Supreme Court in this landmark decision and discusses the practical implications and consequences. Public Policy Exception under the New York Convention: History, Interpretation, and Application is of importance for all internationally active companies as well as for lawyers and courts. The book aids lawyers and companies in drafting arbitration clauses and in enforcing foreign arbitral awards. Often, judgments will not be enforced abroad; this is especially true with respect to an enforcement of foreign judgments in the BRIC countries. Therefore, internationally active companies and their advisors need guidance if and where foreign arbitral awards in their favor will be enforced abroad.
| Author | : Franco Ferrari |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 179 |
| Release | : 2023-01-17 |
| Genre | : Law |
| ISBN | : 1035302071 |
This incisive book is an indispensable guide to the New York Convention's uniform regime on recognition and enforcement of foreign arbitral awards. Framing the Convention as a uniform law instrument, the book analyses case law from major arbitration jurisdictions to explain its scope of application, the duty to recognize arbitral agreements and awards as well as their limitations, and the procedure and formal requirements for enforcing arbitral awards.
| Author | : Stefan Kröll |
| Publisher | : Cambridge University Press |
| Total Pages | : 3006 |
| Release | : 2023-03-02 |
| Genre | : Law |
| ISBN | : 1009302388 |
The Compendium, like an encyclopedia, contains entries for most of the foundational principles and concepts underlying arbitration. Each entry takes a holistic view of international arbitration, as they tackle core concepts from both a commercial and an investment arbitration perspective, focusing on the fundamental issues underlying the various topics rather than on the solutions adopted in any particular jurisdiction, thus making the Compendium a truly cross-border, transnational resource. This innovative approach will allow readers to identify the commonalities as well as the differences between commercial and investment arbitration, whether and where cross-fertilization has taken place and what consequences it can have. This approach allows the Compendium to be a tool in promoting the creation of a culture of international arbitration that considers commercial arbitration and investment arbitration as part of a whole but with certain distinct features particular to each.
| Author | : Albert Jan Van Der Berg |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 1386 |
| Release | : 2009-01-01 |
| Genre | : Law |
| ISBN | : 9041128077 |
The Yearbook Commercial Arbitration continues its longstanding commitment to serving as a primary resource for the international arbitration community with reporting on arbitral awards and court decisions applying the leading arbitration conventions, as well as arbitration legislation and rules. Volume XXXIII includes excerpts of arbitral awards made under the auspices of, inter alia, the International Chamber of Commerce (ICC); a biennial update of the Digest of Investment Treaty Decisions and Awards first published in 2006; notes on new and amended arbitration rules, including references to their online publication; notes on recent developments in arbitration law and practice in the Dubai International Financial Centre, Rwanda, Slovenia, Syria and Ukraine, as well as on the opinion of the Advocate General of the European Court of Justice in the West Tankers case; excerpts of 109 court decisions applying the 1958 New York Convention from 23 countries - including an update of Russian and Greek jurisprudence and, for the first time, decisions from Argentina, Belize, the British Virgin Islands, Chile and Peru - all indexed by subject matter and linked to the General Editor's published commentaries on the New York Convention; an extensive Bibliography of recent books and journals on arbitration. The Yearbook is edited by the International Council for Commercial Arbitration (ICCA), the world's leading organization representing practitioners and academics in the field, with the assistance of the Permanent Court of Arbitration, The Hague. It is an essential tool for lawyers, business people and scholars involved in the practice and study of international arbitration.
| Author | : Larry A. DiMatteo |
| Publisher | : Cambridge University Press |
| Total Pages | : 1250 |
| Release | : 2020-10-29 |
| Genre | : Law |
| ISBN | : 1108802966 |
A unique collaboration between academic scholars, legal practitioners, and arbitrators, this handbook focuses on the intersection of arbitration - as an alternative to litigation - and the court systems to which arbitration is ultimately beholden. The first three parts analyze issues relating to the interpretation of the scope of arbitration agreements, arbitrator bias and conflicts of interest, arbitrator misconduct during the proceedings, enforceability of arbitral awards, and the grounds for vacating awards. The next section features fifteen country-specific reviews, which demonstrate that, despite the commonality of principles at the international level, there is a significant of amount of differences in the application of those principles at the national level. This work should be read by anyone interested in the general rules and principles of the enforceability of foreign arbitral awards and the grounds for courts to vacate or annul such awards.
| 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 | : Elliott Geisinger |
| Publisher | : Juris Publishing, Inc. |
| Total Pages | : 372 |
| Release | : 2015-02-01 |
| Genre | : Arbitration and award |
| ISBN | : 1937518485 |
Sports Arbitration: A Coach for Other Players? is not about sports arbitration. The reader may thus ask: Well, what is it about? Arbitration can take inspiration from other human activities, for instance sports. Does it follow that arbitration in general can take inspiration from sports arbitration? Can sports arbitration serve as an example, be it for better or worse? And if so, what are the limits of this? These questions are highly topical in today's world of arbitration. Faced with the increased duration and costs of arbitral proceedings, and with the perception that litigators instead of business people have taken over the process, more and more users are calling for a return to fast, inexpensive forms of dispute resolution that are conducted by persons of the trade. This has resulted in a series of initiatives to introduce trade-specific forms of dispute resolution based on fast-track arbitration proceedings in a wide range of business sectors.
