Arbitration And The Constitution
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Arbitration And The Constitution
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Author : Peter B. Rutledge
language : en
Publisher: Cambridge University Press
Release Date : 2013
Arbitration And The Constitution written by Peter B. Rutledge 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 2013 with Law categories.
Arbitration has become an increasingly important mechanism for dispute resolution, both in the domestic and international setting. Despite its importance as a form of state-sanctioned dispute resolution, it has largely remained outside the spotlight of constitutional law. This landmark work represents one of the first attempts to synthesize the fields of arbitration law and constitutional law. Drawing on the author's extensive experience as a scholar in arbitration law who has lectured and studied around the world, the book offers unique insights into how arbitration law implicates issues such as separation of powers, federalism, and individual liberties.
The Constitution Of Arbitration
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Author : Victor Ferreres Comella
language : en
Publisher: Cambridge University Press
Release Date : 2021-03-11
The Constitution Of Arbitration written by Victor Ferreres Comella 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 2021-03-11 with Law categories.
The first systematic study of the most important types of arbitration - and their limits - from a constitutional perspective.
Constitution Arbitration And Courts
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Author : Georgios I. Zekos
language : en
Publisher: Nova Science Publishers
Release Date : 2013
Constitution Arbitration And Courts written by Georgios I. Zekos and has been published by Nova Science Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Law categories.
In "Constitution, Arbitration and Courts", arbitration is examined as it began, as an extrajudicial mechanism for resolving disputes. Private arbitration predates the public court system. The ancient Sumerians, Persians, Egyptians, Greeks, and Romans all had a tradition of arbitration. Communities introduced arbitration systems intended to resolve their communal conflicts in accordance with custom, equity and internal law. Arbitration threatened a momentous basis of judicial business, as well as judicial jobs linked to the courts' caseloads. Courts perceived the growing status of arbitration as a favored means for resolving business disputes and as a threat to their power. Courts have managed to get in the way of the arbitration process and to gain a role in arbitration. Thus, courts have taken the role of the guardian of public policy in a state, and so arbitration is considered not to be a safe, independent and fully alternative dispute mechanism.
S 1782 The Arbitration Fairness Act Of 2007
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Author : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution (2007- )
language : en
Publisher:
Release Date : 2008
S 1782 The Arbitration Fairness Act Of 2007 written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution (2007- ) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Arbitration agreements, Commercial categories.
Language And Translation In International Commercial Arbitration
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Author : Tibor Várady
language : en
Publisher: T.M.C. Asser Press
Release Date : 2006
Language And Translation In International Commercial Arbitration written by Tibor Várady and has been published by T.M.C. Asser Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.
With a foreword by Judge Thomas Buergenthal, International Court of Justice The present book is the first book-length monograph addressing practically all language issues likely to arise throughout the arbitration process and post-arbitration proceedings. International Commercial Arbitration is a transcultural venture and the need to bridge language differences is a part of the process. There are more and more cases in which procedural or alleged procedural deficiencies pertaining to language emerge as an issue with unforeseen and costly consequences. The author presents a comprehensive survey of questions related to language and translation in (post-)arbitral proceedings. The issues are systematized and answers to the questions are suggested and analyzed, relying primarily on arbitration and court cases, international agreements, statutes and institutional rules. As such, it allows the reader to find answers to specific questions, and also offers a distinctive comparative survey. The book provides guidance to both arbitrators and parties to arbitration as well as to judges and other participants in post-award proceedings. Tibor Varady is a Professor of Law at the Central European University, Budapest, and Emory University School of Law, Atlanta. He has been an arbitrator in no less than 200 cases. Professor Várady has been on the list of arbitrators of eight arbitral institutions in Europe, Africa and Asia.
Language And Translation In International Commercial Arbitration
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Author : Tibor Várady
language : en
Publisher: T.M.C. Asser Press
Release Date : 2014-12-03
Language And Translation In International Commercial Arbitration written by Tibor Várady and has been published by T.M.C. Asser Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-12-03 with Law categories.
Anyone who has acted as arbitrator or counsel in an arbitration in which more than one language was used, sat as judge on an international court that had more than one working language, or served on a drafting committee of a multi language treaty knows how many unexpected complications, both procedural and substantive, the 'language issue' can create. And the problems that arise in that context are not limited to those that relate to the choice of the most appro priate translation of a particular word or that arise from a later discovered trans lation error. Although finding the most appropriate translation for a given word or phrase to be used when drafting legal documents intended to be equally au thentic, for example, is by no means always an easy matter. Language issues can present innumerable more serious types of problems depending on a par ticular legal setting; they can also have unforeseen and costly consequences. In this thoroughly researched and carefully structured book, Professor Tibor Varady focuses on the variety oflanguage issues that can arise at different stages of international commercial arbitration proceedings. He also proposes sound and creative solutions designed to help the parties to the proceedings, their arbi trators and counsel to anticipate and resolve these problems. The result is, to my knowledge, the first book-length monograph on the subject that addresses all language issues likely to arise in international commercial arbitrations.
Dispute Resolution In Asia
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Author : Michael Charles Pryles
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2006-01-01
Dispute Resolution In Asia written by Michael Charles Pryles 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 2006-01-01 with Law categories.
Prized by practitioners since the first edition appeared in 1998, Dispute Resolution in Asia provides a much wider spectrum of Asian laws and approaches to dispute resolution than is traditional in comparative studies. It examines arbitration, litigation, and mediation in thirteen countries, with detailed practical essays each written by a senior lawyer with vast knowledge and experience of dispute resolution in his or her own country. Contributions vary in style and content and thus reflect the diversity of legal systems and cultures in Asia. The third edition of this popular book has been expanded by the inclusion of a chapter on Korea and a discussion of investment treaty arbitrations. All chapters have been revised and updated to incorporate recent developments, such as the enactment of relevant new legislation in Malaysia. Statistics on arbitration centres in Asia are also included. As a comprehensive practical guide to the practice and procedure of dispute resolution in the important trading countries of Asia, this book will be of great value to corporate counsel and international lawyers and business people, as well as to students of dispute resolution. For more information on the editor, Professor Michael Pryles, please visit his website http://www.michaelpryles.com
International Arbitration Law And Practice In Switzerland
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Author : Gabrielle Kaufmann-Kohler
language : en
Publisher: Oxford University Press
Release Date : 2015-10-22
International Arbitration Law And Practice In Switzerland written by Gabrielle Kaufmann-Kohler and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-10-22 with Law categories.
This book expounds the theory of international arbitration law. It explains in easily accessible terms all the fundamentals of arbitration, from separability of the arbitration agreement to competence-competence over procedural autonomy, finality of the award, and many other concepts. It does so with a focus on international arbitration law and jurisprudence in Switzerland, a global leader in the field. With a broader reach than a commentary of Chapter 12 of the Swiss Private International Law Act, the discussion contains numerous references to comparative law and its developments in addition to an extensive review of the practice of international tribunals. Written by two well-known specialists - Professor Kaufmann-Kohler being one of the leading arbitrators worldwide and Professor Rigozzi one of the foremost experts in sports arbitration - the work reflects many years of experience in managing arbitral proceedings involving commercial, investment, and sports disputes. This expertise is the basis for the solutions proposed to resolve the many practical issues that may arise in the course of an arbitration. It also informs the discussion of the arbitration rules addressed in the book, from the ICC Arbitration Rules to the Swiss Rules of International Arbitration, the CAS Code, and the UNCITRAL Rules. While the book covers commercial and sports arbitrations primarily, it also applies to investment arbitrations conducted under rules other than the ICSID framework.
Treaty Making Power Under The Constitution
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Author : John Watson Foster
language : en
Publisher:
Release Date : 1901
Treaty Making Power Under The Constitution written by John Watson Foster and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1901 with United States categories.
Constitutional Methods Of Making And Ratifying Treaties In Certain Foreign Countries And Also List Of Arbitration Treaties And Conventions Submitted To And Acted Upon By The Senate
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Author : United States. Congress. Senate
language : en
Publisher:
Release Date : 1905
Constitutional Methods Of Making And Ratifying Treaties In Certain Foreign Countries And Also List Of Arbitration Treaties And Conventions Submitted To And Acted Upon By The Senate written by United States. Congress. Senate and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1905 with Treaties categories.