Arbitrability
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Arbitrability
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Author : Loukas A. Mistelis
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2009-01-01
Arbitrability written by Loukas A. Mistelis 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.
It often seems today that no dispute is barred from resolution by arbitration. Even the fundamental question of whether a dispute falls under the exclusive jurisdiction of a judicial body may itself be arbitrable. Arbitrability is thus an elusive concept; yet a systematic study of it, as this book shows, yields innumerable guidelines and insights that are of substantial value to arbitral practice. Although the book takes the form of a collection of essays, it is designed as a comprehensive commentary on practical issues that emerge from the idea of arbitrability. Fifteen leading academics and practitioners from Europe and the United States each explore different facets of arbitrability always with a perspective open to international developments and comparative evaluation of standards. The presentation falls into two parts: in the first the focus is on the general features of arbitrability, its rationale and the laws applicable to it. In the second, arbitrability is specifically examined in the context of administrative, criminal, corporate, IP, financial, commercial, and criminal law This book has its origins in an International Conference on Arbitrability held at Athens in September 2005. Seven papers presented there are here reviewed and updated, and nine others are added. The subject of the book and arbitrability and is one that is much talked about, but seldom if ever given the in-depth treatment presented here. Arbitrators and other practitioners in the field will welcome the way the analysis moves logically from theory to practice regarding every issue, and academics will recognize a definitive treatment of arbitrability as understood and applied in the settlement of disputes today.
Arbitrability
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Author : Fabien Gélinas
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2023-11-17
Arbitrability written by Fabien Gélinas 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 2023-11-17 with Law categories.
As simple as the arbitrability question might appear (namely, what types of issues may and may not be submitted to arbitration), for a legal system to set a clear and consistent approach to arbitration, it must consider many complicated factors that relate to public policy and economic priorities as well as international relations. This comprehensive, precise, and practical book identifies and analyzes the fundamentals of, and major approaches to, arbitrability in the current international context. The authors focus on nine major arbitration jurisdictions—the United States, Canada, France, England and Wales, Switzerland, Germany, China (Mainland), Hong Kong, and Singapore—with meticulous attention to each jurisdiction’s pertinent case law and legislative framework as well as relevant commentary. For each jurisdiction, the arbitrability of disputes in the following fields of law is discussed: antitrust/competition; bankruptcy/insolvency; consumer; corporate; family/domestic relations; intellectual property (copyright, patent, and trademark); labor/employment; securities; and torts. Based on the jurisdiction-by-jurisdiction analysis, the authors identify key areas in which the selected jurisdictions share similarities and evince differences with respect to each of the above-mentioned fields. With a structure that enables readers to easily locate what they are looking for and gives clear-cut answers, this unique book fully elucidates the notion of arbitrability by identifying the key concepts, the applicable rules, and different criteria for arbitrability and by explaining how different jurisdictions deal with specific types of disputes. It will be welcomed by counsel, arbitrators, judges, students, and academics active in international arbitration and the enforcement of arbitral awards.
The Question Of Arbitrability
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Author : Mark M. Grossman
language : en
Publisher: ILR Press
Release Date : 1984
The Question Of Arbitrability written by Mark M. Grossman and has been published by ILR Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1984 with Arbitrators, Industrial categories.
This guide intended for unions, management, arbitrators, lawyers & individuals affected by the grievance process, analyzes the key elements of arbitrability. The author comments on more than 200 case law decisions.
Arbitrability Of Fraud In India
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Author : Abhinav Mishra
language : en
Publisher: GRIN Verlag
Release Date : 2017-02-07
Arbitrability Of Fraud In India written by Abhinav Mishra and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-02-07 with Law categories.
Essay from the year 2017 in the subject Law - Comparative Legal Systems, Comparative Law, grade: 5/7, Damodaram Sanjivayya National Law University, language: English, abstract: An arbitration agreement is barred to the jurisdiction of civil courts under section 8 of the Indian Arbitration and Conciliation Act, 1996 (hereinafter, the Act) since the parties agree to settle disputes by a mechanism other than the ordinary court proceedings i.e. arbitration and such an agreement is not hit by sec 28 of Indian Contract Act, 1872. However, a legitimate question arises whether a civil court can try those cases where the agreement is itself tainted by the elements of fraud. This issue has been dealt with comprehensively by the courts and has been settled, to a certain extent, by the Supreme Court in the case of A. Ayyasamy vs A. Paramasivam. The essay shall briefly deal with the cases which spurred the debate over arbitrability of fraud along with suggestions for further improvement.
Arbitrability
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Author : Andrew John Rogers
language : en
Publisher:
Release Date : 1987
Arbitrability written by Andrew John Rogers and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1987 with Arbitration and award categories.
Arbitrability
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Author : Fabien Gelinas
language : fr
Publisher:
Release Date : 2023
Arbitrability written by Fabien Gelinas and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with categories.
The Question Of Arbitrability
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Author : Russell Andrew Smith
language : en
Publisher:
Release Date : 1962
The Question Of Arbitrability written by Russell Andrew Smith and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1962 with Arbitration, Industrial categories.
Arbitrability In The Public Schools
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Author : W. Frank Masters
language : en
Publisher:
Release Date : 1973
Arbitrability In The Public Schools written by W. Frank Masters and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1973 with Collective bargaining categories.
Public Policy And Arbitrability
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Author : Andrew John Rogers
language : en
Publisher:
Release Date : 1991
Public Policy And Arbitrability written by Andrew John Rogers and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991 with Arbitration and award categories.
Eu And Us Antitrust Arbitration
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Author : Gordon Blanke
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2011-01-01
Eu And Us Antitrust Arbitration written by Gordon Blanke 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 2011-01-01 with Law categories.
EU and US Antitrust Arbitration is the first book that deals with how both of the world's leading antitrust systems, US and EU law, are treated in international arbitration. In forty-nine chapters written by renowned experts, this book provides an in-depth examination of all relevant topics, from drafting arbitration clauses, to arbitrability, provisional measures, the applicability of antitrust law in arbitrations, dealing with economic evidence and experts in relation to antitrust law, to relations with courts and regulators, remedies, and recognition and enforcement of arbitration awards dealing with antitrust issues. Both antitrust and merger control are covered. The perspectives of the arbitrator and the in-house andquot;userandquot; of arbitration are included. Two chapters outline and explain US antitrust law and EU antitrust law with special reference to matters particularly likely to arise in arbitration. One chapter is devoted to ICC antitrust arbitrations and another to the emerging area of EU State aids in arbitration. There are industry-specific chapters, such as on telecommunications and pharmaceuticals, and much else. In this substantial book, practitioners will find helpful and easy-to-understand guidance to their questions on antitrust arbitrations.