Arbitration Awards

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Arbitration Awards


Arbitration Awards
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Arbitration Awards


Arbitration Awards
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Author : Ray Turner
language : en
Publisher: John Wiley & Sons
Release Date : 2008-04-15

Arbitration Awards written by Ray Turner and has been published by John Wiley & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-04-15 with Technology & Engineering categories.


‘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.

International Commercial Arbitration


International Commercial Arbitration
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Author : Gary Born
language : en
Publisher:
Release Date : 2014

International Commercial Arbitration written by Gary Born and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Law categories.


The second edition of Gary Born's International Commercial Arbitration Volume III: International Arbitral Awards , provides a detailed discussion of the issues arising from international arbitration awards. It includes chapters covering the form and contents of awards; the correction, interpretation and supplementation of awards; the annulment and confirmation of awards; the recognition and enforcement of arbitral awards; and issues of preclusion, lis pendens and staredecisis.International Commercial Arbitration Second Edition Volume III: International Arbitral Awards is part of his authoritative 3 volume treatise, International Commercial Arbitration, Second Edition, ISBN 9789041152190. The first edition of International Commercial Arbitration is widely acknowledged as the preeminent commentary in the field. It was awarded the 2011 Certificate of Merit by the American Society of International Law and was voted the International Dispute Resolution Book of the Year by the Oil, Gas, Mining and Infrastructure Dispute Management list serve in 2010. The first edition has been extensively cited in national court decisions and arbitral awards around the world.The second edition of International Commercial Arbitration has been extensively revised, expanded and updated, to include all material legislative, judicial and arbitral authorities in the field of international arbitration prior to January 2014.

Arbitration Awards


Arbitration Awards
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Author : Vijay K. Bhatia
language : en
Publisher: Cambridge Scholars Publishing
Release Date : 2012-11-13

Arbitration Awards written by Vijay K. Bhatia and has been published by Cambridge Scholars Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-11-13 with Law categories.


This volume focuses on arbitration awards as a discursive genre and draws on the results of research on the discourses of international commercial arbitration conducted within the framework of an international project (“International Commercial Arbitration Practices: A Discourse Analytical Study”) setting out to explore the hypothesis that, as suggested in recent times by various scholars, arbitration practice, procedures and discourses are being increasingly contaminated by litigation, thus compromising the integrity of arbitration principles. The genre investigated is especially interesting in this respect, as arbitration awards represent the final textual outcome of arbitration proceedings. The various chapters of the book, based on the analysis of different international corpora of arbitration awards in various languages (English, French, Italian, Spanish and Chinese), attack the same theme, investigating different aspects of the discursive construction of awards, with a view to identifying any elements of interdiscursivity that may provide evidence for or against the main hypothesis. The discussion of these issues also has theoretical relevance, as it provides interesting insights into the mechanisms that preside over the contamination and hybridization among genres in professional practice.

The Review Of International Arbitral Awards


The Review Of International Arbitral Awards
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Author : Emmanuel Gaillard
language : en
Publisher: Juris Publishing, Inc.
Release Date : 2010-12-01

The Review Of International Arbitral Awards written by Emmanuel Gaillard 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 2010-12-01 with Law categories.


In intemational arbitration, as in any other system of adjudication, finality of the decision must be balanced against the need to ensure that justice has been administered fairly. Because finality is one of its essential features, international arbitration has reached an equilibrium which guarantees to the parties a decision that cannot be appealed, while allowing a review of arbitral awards on limited grounds. The review of international arbitral awards was the topic of the inaugural IAI forum, on the occasion of which 50 prominent academics, judges, arbitrators and practitioners active in the field of international arbitration convened in the legendary Clos de Vougeot, in the heart of Burgundy for a two-day retreat. The presentations were followed by extensive discussion, the transcript of which is included in the present volume. The International Arbitration Institute (IAI) was established in Paris with the purpose of promoting communication and exchanges on current international arbitration issues. It now includes over 600 members residing in 44 countries. For further detail, see www.iaiparis.com.

Recognition And Enforcement Of Foreign Arbitral Awards


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.

Enforcement Of Investment Treaty Arbitration Awards


Enforcement Of Investment Treaty Arbitration Awards
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Author : Julien Fouret
language : en
Publisher:
Release Date : 2020-08-31

Enforcement Of Investment Treaty Arbitration Awards written by Julien Fouret and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-08-31 with Law categories.


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. Spearheaded by leading arbitration practitioner, Julien Fouret, this second edition brings together more than 70 experts to provide substantive analysis of recurring issues at the award enforcement stage plus practical perspectives on enforcing awards based on investment treaties.

Arbitration And Human Rights


Arbitration And Human Rights
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Author : Toms Krūmiņš
language : en
Publisher: Springer Nature
Release Date : 2020-08-12

Arbitration And Human Rights written by Toms Krūmiņš and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-08-12 with Law categories.


This book presents a creative synthesis of two ostensibly disparate fields of law – arbitration and human rights. More specifically, it focuses on various legislative approaches to excluding the annulment of arbitral awards (setting-aside proceedings) at the seat of arbitration and evaluates the compatibility of such approaches with the European Convention on Human Rights (ECHR), in particular the right to a fair trial under Article 6(1). The book first assesses the applicability and impact of the ECHR, in particular Article 6(1), on international commercial arbitration. It then analyses a number of legislative approaches to excluding setting-aside proceedings, focusing on two synergetic phenomena – exclusion agreements and the total lack of setting-aside proceedings in national arbitration law. Lastly, the book investigates to what extent the lack of setting-aside proceedings in national arbitration law may lead to a violation of arbitrating parties’ right to a fair trial under Article 6(1), and puts forward certain de lege ferenda recommendations on how to best approach the regulation of setting-aside proceedings in national arbitration law from the standpoint of compliance with the ECHR.