Arbitration Awards: A Practical Approach

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Author : Ray Turner
Genre : Technology & Engineering

Summary : ‘Drawing on his long and practical experience [the author gives] guidance which only the foolhardy would reject without good reason for doing so. With this manual beside him, many an arbitrator will, I feel sure, sleep the sounder.’ - The Rt Hon The Lord Bingham of Cornhill. The preparation of an arbitrator's award requires a rigorous approach to the consideration of submissions and evidence, and to the decisions stemming from that consideration, and the arbitrator must be competent to draft a valid and enforceable award. These tasks can be complex for any arbitrator, particularly so for the less experienced. This book has been written to provide clear and practical guidance, whilst emphasising that there is no standard method of preparing or writing an award. It includes illustrations relating to a wide range of types of award. It will be of interest to all arbitrators and those involved in the process, whether they are concerned with commodities, insurance, maritime matters, rent disputes, construction or commerce.

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Author : Andrew Tweeddale
Genre : Law

Summary : This practical handbook provides a detailed examination of arbitration law and procedure and includes the full text of the Arbitration Act 1996. Importantly, it takes account of the Civil Procedure Rules 1998, insofar as they affect arbitration proceedings. Unlike other books on arbitration, a resume of the main principles involved in international arbitration law and a section of precedents, demonstrating the theory of arbitration law in practice, are also included. Since the enactment of the Arbitration Act 1996, there have been numerous cases dealing with the Act. A Practical Approach to Arbitration Law analyses the most significant and recent cases, including: Vosnoc LtdTransglobal Projects Ltd; Charles M Wille & Co (Shipping) Ltd Ocean Laser Shipping Ltd and Allianz Versicherungs-Atktiengesellschaft Fortuna Co Inc on commencing the arbitration Soleimany Soleimany and Westacare Investments Inc Jugoimport-SDPR Holding Co Ltd on the enforcement of an award contrary to public policy Halki Shipping Corporation Sopex Oils Ltd; Davies Middleton & Davies Ltd Toyo Engineering Corporation and Patel Patel on the staying of litigation to arbitration Kye Gbangbola Smith and Sheriff on issues of serious irregularity.

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Genre :

Summary : Thsi issue contains awards of CCMA commissioners and IMSSA panellists dealing with arbitration proceedings and the power of arbitrators, the contract of employment, dimissal for misconduct, poor work performance and operational requirements and unfair labour practices.

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Author : Richard Garnett
Genre : Law

Summary : This concise, in-depth guide explores the pros and cons of arbitration, the role of national laws, key elements of the arbitration agreement, and includes a detailed analysis of arbitration procedures. Standards of conduct of the arbitrator, enforceability, challenges, modification of awards, and awards and remedies are covered. The Appendices include: - UNCITRAL Arbitration Rules - Arbitration Rules of the International Chamber of Commerce - The UNCITRAL Model Law on International Commercial Arbitration - Texts of the New York and Panama Conventions - Model UNCITRAL and ICC arbitration clauses - Information about the major arbitral centers throughout the world.

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Author : Arnold Zack
Genre : Law

Summary : Not all industrial disputes are about claims for better conditions than those to which the workers may already be entitled. A large proportion are so-called "grievance disputes", over difficulties in the application of labour legislation, collective agreements or individual contracts of employment. Disputes over the application of collective agreements can often be most easily settled if labour and management agree to submit them to arbitration by an independent, impartial outsider. The present guide, which is a companion volume to Conciliation in industrial disputes published by the ILO in 19.

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Author : John William Rowley
Genre : Arbitration agreements, Commercial

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Author : Julien Fouret
Genre : Arbitration and award

Summary : Présentation de l'éditeur : "The growth in cross-border investments in an increasingly globalised economy means that there are more international disputes between foreign investors and states than ever before. Investment treaty arbitration has thus become the preferred dispute resolution mechanism for resolving disputes with a state relating to foreign investment. However, securing a final arbitral award in this context is often only the beginning of a complicated process in enforcing arbitral awards against sovereigns and state entities. Spearheaded by leading arbitration practitioner Julien Fouret, this new title brings together more than 60 experts to provide both substantive analysis of recurring issues at the enforcement stage of awards and practical perspectives on how to enforce an award based on investment treaties. It explores enforcement issues ranging from the specificities of the International Centre for Settlement of Investment Disputes mechanism to the enforcement of interim relief and the issues of sovereign immunity and state entities; and addresses the means to enforce these types of award in practice. Valuable jurisdiction-specific information is provided for over 25 states, including coverage of the applicable international and domestic legal frameworks and reviews of the most recent practices. Whether you are an arbitration lawyer in private practice or a user of investment treaty arbitration, this title will provide you with holistic, practical and theoretical insight on the last and most important step of an arbitral process against a state or state entity."