Arbitragem E Valor Probat Rio Da Conduta Da Parte
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Arbitragem E Valor Probat Rio Da Conduta Da Parte
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Author : Naiane Lopes Soares de Melo
language : pt-BR
Publisher:
Release Date : 2023
Arbitragem E Valor Probat Rio Da Conduta Da Parte written by Naiane Lopes Soares de Melo and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with Arbitration and award categories.
Arbitragem E Valor Probat Rio Da Conduta Da Parte
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Author : Naiane Lopes Soares de Melo
language : de
Publisher: Almedina Brasil
Release Date : 2023-04-01
Arbitragem E Valor Probat Rio Da Conduta Da Parte written by Naiane Lopes Soares de Melo and has been published by Almedina Brasil this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-04-01 with Law categories.
É tormentoso que uma parte possa não conseguir demonstrar seu direito porque não consegue acessar uma prova que seu oponente retém injustificadamente. Na arbitragem, é especialmente desafiador encontrar uma solução para essa situação, dada a limitação dos poderes dos árbitros na imposição de suas decisões. Soma-se a isso o ambiente propício à convivência de atores com experiência em sistemas processuais diferentes e à confluência de normas com diferentes graus de imperatividade em um cenário de tradicional pouca regulação. A partir disso, este livro analisa, à luz da lei brasileira, a técnica de estabelecimento de uma conclusão negativa pelo julgador a partir da recusa da parte em produzir uma prova sob seu controle, isto é, a técnica de extração de inferências adversas pelos árbitros. Espera-se contribuir para o debate sobre o tema e incentivar a aplicação dessa relevante ferramenta com preservação das garantias fundamentais do processo e ganho de previsibilidade para os envolvidos no processo arbitral.
Economic Analysis Of The Arbitrator S Function
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Author : Bruno Guandalini
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2020-06-16
Economic Analysis Of The Arbitrator S Function written by Bruno Guandalini 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 2020-06-16 with Law categories.
Economic Analysis of the Arbitrator’s Function Bruno Guandalini Arbitration has become an important market, where arbitrators are rational economic agents maximizing their utility. Although this is self-evident, it is rarely discussed. This penetrating book is the first to comprehensively analyze the market for arbitrators and arbitrators’ economic role within it. In great depth, the author tackles such salient issues as the following: effect of perceived inefficiencies and high costs on arbitration legitimacy; alleged commercialization of the arbitrator’s function; possible ethical problem raised by financial remuneration for rendering justice; what motivates a person to arbitrate; market for arbitrators’ functioning and failures, providing a better understanding of how actors could behave in such a specific market; structural and artificial entry barriers; effect of an arbitrator’s strategic behavior on the arbitrator’s function; limitations on an arbitrator’s rationality; and preventing and correcting these limitations. Numerous references to customs and procedures in major arbitral jurisdictions and to international laws and conventions affecting the efficiency of the arbitrator’s function are included. Pursuing a non-prescriptive analysis, the author draws on the discipline of law and economics, rational choice theory, behavioral economics, and psychological work on bounded rationality. Understanding the arbitrator’s function as a legal institution that is influenced by the market, this pioneer in developing and systematizing the study of the market for arbitrators and how it works will prove of inestimable value to all stakeholders in the arbitration market. Arbitrators, policymakers, regulators, and academics will be enabled to open the way to a more efficient market for arbitrators and betterment in arbitration worldwide.
Ethics In International Arbitration
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Author : Catherine A. Rogers
language : en
Publisher: Oxford University Press, USA
Release Date : 2014
Ethics In International Arbitration written by Catherine A. Rogers and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Law categories.
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.
Third Parties In International Commercial Arbitration
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Author : Stavros Brekoulakis
language : en
Publisher: OUP Oxford
Release Date : 2010-12-23
Third Parties In International Commercial Arbitration written by Stavros Brekoulakis and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-12-23 with Law categories.
Third Parties in International Commercial Arbitration addresses the role and the interests of third parties in international arbitration. Through a clear overview and in-depth critical commentary, the book explores existing case law and its related academic literature as well as offering an insight into more practical concerns.
Civil And Commercial Mediation In Europe Set Vols 1 2
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Author : Carlos Esplugues Mota
language : en
Publisher:
Release Date : 2014-03-27
Civil And Commercial Mediation In Europe Set Vols 1 2 written by Carlos Esplugues Mota and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-03-27 with Civil law categories.
Originally available as two separate volumes, Intersentia's Civil and Commercial Mediation in Europe is now available as a two volume set. *** About Volume I on National Mediation Rules and Procedures: Mediation is becoming an increasingly important tool for resolving civil and commercial disputes. Although it has been long since recognized in many legal systems, in recent years it has received an important boost and is currently one of the most topical issues in the field of dispute resolution. The European Directive 2008/52/EC of the European Parliament and of the Council of 21.5.2008 on certain aspects of mediation in civil and commercial matters, prescribes a set of minimum common rules on mediation for all EU Member States, with the exception of Denmark. This book examines the current legal framework in every EU Member State regarding mediation in civil and commercial matters, as well as the way in which the Directive has been, or is expected to be, implemented in the near future. It is written by renowned specialists on mediation in Europe and provides an exhaustive account for both scholars and practitioners in Europe and beyond the continent. Every chapter on national law analyzes: both out-of-court and court-annexed mediation in the existing legal framework * the areas of law covered by mediation * the value and formal requirements of the agreement to submit any dispute to mediation * personal features and requirements for mediators * procedural requirements in the mediation procedure * the relationship between the mediator and public authorities * the outcome of the mediation procedure * in the scenario in which a mediation settlement is reached, its requirements and effects. *** About Volume II on Cross-Border Mediation: Mediation plays a leading role within the movement of Alternative Dispute Resolution after centuries in which for several reasons the State and State courts were regarded as the only available instrument to ensure access to justice to citizens. In the European Union the institution of mediation has received much support in the form of Directive 2008/52/EC which sets forth a minimum common legal framework for mediation in the Member States. The 2008 Directive has finally been implemented in the Member States and this book provides the much needed in-depth analysis of the status of the mediation regimes in the European Union. The analysis covers the legal regimes of the Member States set up for cross-border and national mediation. This volume includes national reports on cross-border mediation including in-depth information on all the relevant aspects of cross-border mediation: the notion of cross-border mediation, the law applicable to the mediation clause, the mediation proceedings and the content of the settlement reached by the parties. Special attention is of course given to the recognition and enforcement in the European Union of settlements reached in other Member States and outside Europe. In addition the role of mediators and requirements to become a mediator are examined. This book provides a unique picture of the legal situation in the European Union for cross-border mediation. It is an invaluable instrument for those who want to know more about this complex topic or want to become a mediator in Europe themselves.
Infrastructure Law Of Brazil 3a Edi O Cole O F Rum Internacional De Direito P Blico
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Author : Marçal Justen Filho
language : pt
Publisher: Editora Forum
Release Date : 2012
Infrastructure Law Of Brazil 3a Edi O Cole O F Rum Internacional De Direito P Blico written by Marçal Justen Filho and has been published by Editora Forum this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Infrastructure (Economics) categories.
Proceedings 32
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Author : Somersetshire Archaeological and Natu
language : en
Publisher: Legare Street Press
Release Date : 2021-09-10
Proceedings 32 written by Somersetshire Archaeological and Natu and has been published by Legare Street Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-10 with categories.
This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Restorative Justice
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Author : Heather Strang
language : en
Publisher: Routledge
Release Date : 2017-09-19
Restorative Justice written by Heather Strang and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09-19 with Law categories.
The astonishing development of restorative justice practice over the past decade has inspired creative new thinking about the philosophy of punishment and principles of justice. Many of the questions raised in this book – such as the relationship between restorative and retributive justice and the values and processes which should guide restorative practice – are the subject of intense debates. With contributions from many of the most distinguished scholars in the field, this book analyzes the gap between philosophy and practice and the need for practice to be more informed by philosophy. This volume is a milestone in the development of those underlying principles which will direct the progress of restorative justice in the future.
Recognition And Enforcement Of Foreign Arbitral Awards
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Author : Herbert Kronke
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2010-01-01
Recognition And Enforcement Of Foreign Arbitral Awards written by Herbert Kronke 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 2010-01-01 with Law categories.
The analysis thoroughly covers the major issues that have arisen in the application of the Convention, including the following: - the use of reservations made by Contracting States; - the distinctions between recognition and enforcement and between recognition sought at the seat of the arbitration and outside the seat; - the role of the courts in reviewing arbitral awards and, in particular, the Convention's focus on safeguarding due process standards; - the more favourable rightsA" principle embodied in Article VII(1); - the relevance of forum shopping and asset spotting to the application of the Convention; and - the role of formalities and formalism. The end result is an invaluable work that will prove enormously useful to all international commercial arbitration practitioners and scholars, regardless of location.
