A Guide To The Nai Arbitration Rules
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A Guide To The Nai Arbitration Rules
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Author : Bommel van der Bend
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2009-01-01
A Guide To The Nai Arbitration Rules written by Bommel van der Bend and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-01 with Law categories.
The Netherlands Arbitration Institute (NAI) is the most prestigious institute in the Netherlands for the arbitration of commercial disputes. While NAI arbitration is the dispute resolution mechanism of choice of many Dutch corporations and public entities, it is increasingly agreed on by foreign parties selecting the Netherlands as a neutral venue for their potential disputes. This excellent volume, a rule-by-rule guide to the NAI Arbitration Rules, is not only the first such handbook in English, but the most comprehensive and detailed in any language. In addition, it provides a unique commentary in English on important elements of Dutch arbitration law. Drawing on case law from arbitral tribunals and state courts and on extensive personal experience, members of the arbitration team of the Dutch law firm De Brauw Blackstone Westbroek N.V. provide in-depth commentary on each provision of the NAI Arbitration Rules and on arbitration-related court proceedings in the Netherlands under the Dutch Arbitration Act. Focusing on disputes arising from (among others) share purchase agreements, joint venture agreements, licence agreements, franchise agreements, finance agreements, contractor agreements, distribution agreements, and agreements for the sale of goods, the analysis covers such crucial factors of the NAI system as the following: the use of the list procedure for the appointment of arbitrators; the central role of the Administrator; the Dutch concept of binding advice; contractual relationships and exclusion of liability; the separability of the arbitration agreement; freedom in determining and applying rules of evidence; the mechanisms for parties to seek relief in summary arbitration proceedings; costs of arbitration; and the arbitral award, including the possibility of rectifying, supplementing and setting aside this award. The provision-by-provision analysis also compares the NAI Rules with both relevant proceedings in the Dutch state courts and, inter alia, ICC and UNCITRAL Arbitration Rules and to practice under such other rules. The authors of this matchless book have faced many questions on the NAI Arbitration Rules, advised on the interpretation and correct application of those Rules, and defended such interpretation before tribunals and courts. In this book they share their experience, insights, and expertise. Counsel for corporate clients and public entities contemplating arbitration proceedings and as well as counsel to parties in NAI proceedings or related court proceedings and will find here an incomparable guide to the NAI system and Dutch arbitration law.
The International Arbitration Rulebook
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Author : Arif Hyder Ali
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2019-10-24
The International Arbitration Rulebook written by Arif Hyder Ali and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-10-24 with Law categories.
The numerous arbitral regimes around the world differ in subtle yet complex ways. These variations can have a profound effect on the procedural rights and obligations of the parties. Broadly speaking, the choice of regime will impact the way in which an arbitration is conducted; its duration and expense; the outcome of the dispute; and the ultimate enforceability of the award. To inform the parties’ choice, this book is the first to deal specifically and in depth with a broad range of institutional and ad hoc arbitration rules on a comparative basis. It provides a practical guide to the rules in one book—a one-stop shop—from a distinctly “rule” and “guide” point of view. This book has its genesis in the authors’ experience as practitioners and educators in international commercial and investor-state arbitration—and as advisers to, and trainers for, arbitral institutions, arbitrators, judges and government officials around the world. This comprehensive, descriptive and analytical “road map” covers the broad range of issues addressed in nine representative major sets of arbitration rules. The authors detail the distinct ways in which rules governing such important issues as the following may differ among the various arbitral regimes: the governance structure and role of the administering institutions in the arbitration, including case management and administrative support; the critical and recommended issues to be established in the agreement to arbitrate, such as the place of arbitration and the governing law among others; the requirements and best practices for starting the arbitration on the right foot; the procedures for selecting, appointing and challenging arbitrators; the impact of the initial procedural conference on the proceedings; the rules on presenting the case in chief: written submissions, documentary evidence, witness and expert testimony and more; the costs and fees of leading institutions; the procedures and standards for award scrutiny and enforceability; and a range of special and innovative procedures such as expedited proceedings, interim relief and consolidation of proceedings. The comparative analysis is organized around the chronological phases of an international arbitration and supported by rule comparison tables and clear explanations of each step of the process. With this eminently practical book, contract negotiators, counsel and arbitrators can confidently navigate any international arbitration. Thorough coverage of the applicable rules and guidelines enables parties and/or the tribunal to design bespoke arbitration procedures based upon the various rules of leading regimes. Arbitral institutions can survey the different approaches and identify emerging best practices in the design and drafting of arbitral regimes. All in all, this volume is a useful guide and comprehensive framework of rules for both arbitration practitioners and users of arbitration services, as well as for students and teachers of international arbitration.
Arbitration Rules National Institutions 2nd Edition
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Author : Loukas A. Mistelis
language : en
Publisher: Juris Publishing, Inc.
Release Date : 2010-04-01
Arbitration Rules National Institutions 2nd Edition written by Loukas A. Mistelis and has been published by Juris Publishing, Inc. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-04-01 with Law categories.
As national arbitration institutions have proliferated and grown, they are more and more frequently being named in international agreements. This unique reference covers the full text of each institution’s rules and provides extensive commentary and analysis on each institution and its rules in practice.
Comparison Of Asian International Arbitration Rules
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Author : Simpson Thacher & Bartlett
language : en
Publisher: Juris Publishing, Inc.
Release Date : 2003-09-01
Comparison Of Asian International Arbitration Rules written by Simpson Thacher & Bartlett and has been published by Juris Publishing, Inc. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-09-01 with Law categories.
This is a unique work for those who are involved in international arbitration. Utilizing a chart of parallel provisions it compares the leading sets of Asian international arbitration rules. It was first created by Simpson as an internal reference tool. The Comparison of Asian International Arbitration Rules will be of great value in three distinct areas of international arbitration practice. First, in assisting clients in selecting arbitration rules and drafting arbitration provisions for their international commercial contracts. For example, where a client seeks to include a provision governing a specific procedural issue in an arbitration clause, the chart provides easy reference to the different provisions used in the leading sets of international arbitration rules. Second, the chart will assist in developing arguments on procedural issues in connection with representation of clients in international arbitration proceedings. Finally, comparison will facilitate evaluation by scholars, practitioners and the institutions themselves of the desirability and effectiveness of particular provisions in light of comparable ones. Compiling this chart was a challenging process, primarily because the various sets of international arbitration rules deal with specific procedural issues very differently. Additionally, one of the most difficult tasks in compiling this chart was deciding which sets of Asian international arbitration rules to include in the chart in light of space and formatting limitations. Ultimately various factors were considered in deciding which sets of rules to include in the chart. The China International Economic and Trade Arbitration Commission ("CIETAC"), Hong Kong International Arbitration Centre ("HKIAC"), Japan Commercial Arbitration Association ("JCAA"), Korean Commercial Arbitration Board ("KCAB"), and Singapore International Arbitration Centre ("SIAC") rules were included as leading sets of institutional Asian international arbitration rules. Other Asian institutional arbitration rules are not included simply for reasons of manageability and space. The arbitration rules of the United Nations Commission on International Trade ("UNCITRAL") were included as the preeminent set of ad hoc international arbitration rules, which are frequently used by parties in Asia as well as by Asian arbitration organizations, such as the HKIAC, as the basis for their institutional arbitration rules. The structure of this chart follows the structure of the second edition of our chart on international arbitration rules, in part, to facilitate the use of the two charts together. Like the second edition of the chart on international arbitration rules, this chart contains an index of topics with page references to assist in locating subjects in the rules, and the full texts of the sets of arbitration rules are included in an appendix for ease of reference
Arbitration Rules International Institutions 3rd Edition
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Author : Loukas A. Mistelis
language : en
Publisher: Juris Publishing, Inc.
Release Date : 2010-05-01
Arbitration Rules International Institutions 3rd Edition written by Loukas A. Mistelis and has been published by Juris Publishing, Inc. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-05-01 with categories.
International Arbitration Institutions have led the way in rulemaking for international commercial arbitration. The institutional rules and commentary compiled in this easy-to-use reference tool are those promulgated by the institutions most often named in international agreements. The institutional rules and commentary compiled in this easy-to-use reference are those promulgated by the institutions most often named in international agreements. Arbitration Rules: International Institutions is the only resource to compile such an extensive array of commentary and analysis, written by leading arbitration authorities along with the full text of each set of rules.
A Guide To The Siac Arbitration Rules
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Author : Lucy Reed
language : en
Publisher: OUP Oxford
Release Date : 2013-12
A Guide To The Siac Arbitration Rules written by Lucy Reed and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-12 with Law categories.
A rule-by-rule examination of the inception, interpretation, and application of these influential rules, this is the principal text for all who arbitrate in Singapore. Written by experienced practitioners, with the benefit of assistance from the SIAC Secretariat, it is an authoritative companion for hearings in this fast-growing seat.
The Iba Guidelines On Party Representation In International Arbitration
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Author : Peter Ashford
language : en
Publisher: Cambridge University Press
Release Date : 2016-08-16
The Iba Guidelines On Party Representation In International Arbitration written by Peter Ashford and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-08-16 with Law categories.
Peter Ashford provides a unique guide for the understanding and implementation of party representation guidelines in international arbitration. Combining detailed discussion and commentary on the guidelines, this is an invaluable resource for arbitrators and international arbitral institutions around the world in investment and commercial arbitration disputes.
Rules Of Evidence In International Arbitration
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Author : Nathan D. O'Malley
language : en
Publisher: Taylor & Francis
Release Date : 2013-06-19
Rules Of Evidence In International Arbitration written by Nathan D. O'Malley and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-06-19 with Law categories.
Rules of Evidence in International Arbitration: An Annotated Guide is a valuable reference for practitioners, arbitrators and in-house counsel involved in cross-border dispute resolution. Filled with examples drawn from arbitration case precedent, the book considers common issues and questions relating to evidentiary procedure. Features & Benefits: Focuses on evidentiary procedure with extensive case-based commentary and examples addressing common issues in international arbitration related to evidence Extensive annotations, which allow the reader to locate key precedents for use in practice Practitioner-focused, meaning common misconceptions and questions arising from the international arbitration procedure are addressed Organised in an easy-to-use style for quick reference This book will be an essential reference guide on evidence for practitioners of international arbitration. Filled with examples drawn from arbitration case precedent, the book considers common issues and questions relating to evidentiary procedure. Arbitrators and counsel will gain from this publication a better view of the best practices, accepted solutions to difficult procedural issues, and fundamental due process considerations which arise in connection with the use of evidence in international arbitration.
A Guide To The Lcia Arbitration Rules
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Author : Peter Turner
language : en
Publisher: OUP Oxford
Release Date : 2009-03-19
A Guide To The Lcia Arbitration Rules written by Peter Turner and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-03-19 with Law categories.
The London Court of Arbitration (LCIA) is one of the world's foremost arbitration institutions, with a growing annual caseload. The LCIA Arbitration Rules are among the most modern and forward-looking of the various sets of institutional arbitration rules but until now have not been the subject of in-depth study. This is the first full length and comprehensive commentary on the rules, written by two well-known and experienced arbitration practitioners. Portable and functional, this book acts as a guide and provides an indispensable resource for all involved in international arbitration under the LCIA rules. Grouped thematically, the commentary to each rule provides 1) a description of the rule and its intended meaning 2) the provenance and history of the rule 3) the practical effect of the rule with reference to previous case law and jurisprudence and 4) a comparative look at conceptual and practical differences between each rule. Focusing specifically on how the rules of the LCIA differ from those of the ICC and the UNCITRAL, this title emphasises the international nature of the LCIA and provides the only dedicated reference to the Rules.
The Uncitral Arbitration Rules
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Author : David D. Caron
language : en
Publisher: OUP Oxford
Release Date : 2013-03-07
The Uncitral Arbitration Rules written by David D. Caron and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-07 with Law categories.
Reaching past the secrecy so often met in arbitration, the second edition of this commentary explains clearly and fully the workings of the UNCITRAL Rules of Arbitral Procedure recommended for use in 1976 by the United Nations. This new edition fully takes account of the revised Rules adopted in 2010 while maintaining coverage of the original Rules where these remain relevant. The differences between the old and the new Rules are clearly indicated and explained. Pulling together difficult to obtain sources from the Iran-United States Claims Tribunal, arbitrations under Chapter 11 of the North American Free Trade Agreement, and ad hoc arbitrations, it illuminates the shape the UNCITRAL Rules take in practice. The authors cogently critique that practice in the light of the negotiating history of the rules and solutions adopted by the other major private rules of arbitral procedure. To aid the specialist in the field, the practice of these various tribunals is extensively extracted and reproduced. Rich both in its analysis and sources, this text is indispensable for those working in or studying international arbitration.