Arbitration Beyond Borders
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Arbitration Beyond Borders
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Author : Michael Reisman
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2023-04-25
Arbitration Beyond Borders written by Michael Reisman 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 2023-04-25 with Law categories.
The influential vision and work of the late Guillermo Aguilar Álvarez, one of the world’s leading arbitral innovators, have left the principles and practice of international arbitration with a rich legacy of insight and achievement. In this one-of-a-kind book, thirty-two prominent arbitrators and scholars consider the vital issues that concerned him and to which he often gave a new clarity. Each chapter addresses a cutting-edge issue of contemporary international arbitration, including the following: ethical standards for party representatives in international arbitration responsibilities of international arbitrators in the conduct of proceedings alternatives to investment arbitration corruption and “red flags” in international arbitration abuse of rights in restructuring to access investment protection foreign investment disputes under the United States–Mexico–Canada Agreement 2020 the illegality defense in investor-State arbitration arbitration and insolvency status of annulled awards in investment arbitration the arbitration ‘backlash’ The collection addresses, in depth, some of the most pressing technical and political considerations facing international arbitration today. Its focus will enable arbitrators and all whose work involves them in the arbitral process, as well as academics in the field, to equip themselves to address critical issues as they arise during the conduct of any international commercial or investment arbitration.
Labor Law Beyond Borders
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Author : International Bureau of the Permanent Court of Arbitration
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2003-01-01
Labor Law Beyond Borders written by International Bureau of the Permanent Court of Arbitration 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 2003-01-01 with Law categories.
The 11 papers explore such aspects as the significance of international labor norms for settling cross-border disputes; the role of private labor rights initiatives; the advantages, disadvantages, and potential usefulness of alternative dispute resolution (ADR) for interstate labor disputes; a proposal for conciliation through the Permanent Court of Arbitration; problems and pitfalls of optional rules for arbitration and/or conciliation of labor disputes; and whether core labor rights and labor market flexibility are entwined paths. A conclusion summarizes insights useful to the Court. No index is provided. Annotation (c)2003 Book News, Inc., Portland, OR (booknews.com).--Résumé de l'éditeur.
Aaa Handbook On International Arbitration And Adr Second Edition
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Author : American Arbitration Association
language : en
Publisher: Juris Publishing, Inc.
Release Date : 2010-10-01
Aaa Handbook On International Arbitration And Adr Second Edition written by American Arbitration Association 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 2010-10-01 with Law categories.
Assembled from Dispute Resolution Journal - the flagship publication of the American Arbitration Association - the chapters in the Handbook have all, where necessary, been revised and updated prior to publication. The book is succinct, comprehensive and a practical introduction to the use of arbitration and ADR, written by leading practitioners and scholars. The Handbook contains valuable guidance on international commercial arbitration, including the management of arbitration disputes, how to select an international arbitral institution, an explanation of the effect of international public policy, the duties of arbitrators, the presentation and evaluation of evidence in international arbitration, and how to arbitrate against a state sovereign. The enforcement of international arbitral awards is explored, including interim relief and problems with enforcement, the New York Convention, parallel proceedings, and pivotal decisions such as Chromalloy and TermoRio. International mediation is also examined, including guidelines for selecting the best mediator for an international dispute, the power of mediation to resolve international commercial disputes, and the differences in U.S. and European approaches. Lastly, the section on investment and trade arbitration and mediation explores bilateral investment treaties, examines WTO arbitration procedures, offers advice on saving time and money in cross-border commercial disputes, and provides guidance for U.S. investors to follow in dealing with sovereign states. The chapters in the Handbook were selected from an extensive body of writings and, in the main, represent world-class assessments of arbitration and ADR practice. All the major facets of the field are addressed and provide the reader with comprehensive and accurate information, lucid evaluations, and an indication of future developments. They not only acquaint, but also ground the reader in the field.
International Investment Treaties And Arbitration Across Asia
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Author : Julien Chaisse
language : en
Publisher: BRILL
Release Date : 2018-02-05
International Investment Treaties And Arbitration Across Asia written by Julien Chaisse and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-02-05 with Law categories.
International Investment Treaties and Arbitration Across Asia examines whether and how the Asian region has or may become a significant ‘rule maker’ in contemporary international investment law and dispute resolution, focusing on the ‘ASEAN+6’ economies.
New Frontiers In Asia Pacific International Arbitration And Dispute Resolution
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Author : Shahla Ali
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2020-12-10
New Frontiers In Asia Pacific International Arbitration And Dispute Resolution written by Shahla 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 2020-12-10 with Law categories.
International Arbitration Law Library Volume 59 The eastward shift in international dispute resolution has already involved initiatives not only to improve support for international commercial arbitration (ICA) and investor-state dispute settlement (ISDS) but also to develop alternatives such as international commercial courts and mediation. Focusing on these initiatives and their accompanying case law and trends in the Asia-Pacific region, this invaluable book challenges existing procedures and frameworks for cross-border dispute resolution in both commercial and treaty arbitration. Specially assembled for this project, an outstanding team of experienced and insightful arbitrators and scholars describes pertinent developments including: ICA and ISDS in the context of China’s Belt and Road Initiative; the Singapore Convention on Mediation; the shift to virtual hearings and other challenges from the COVID-19 pandemic; mistrust of the application of the rule of law in certain East Asian jurisdictions; growing public concern over ISDS arbitration; tensions between confidentiality and transparency; and potential regional harmonisation of the public policy exception to arbitral enforcement. The contributors chart evolving practices and high-profile cases to make informed observations about where changes are needed, as well as educated guesses about the chances of reforms being successful and the consequences if they are not. The main jurisdictions covered are China, Hong Kong, Japan, Malaysia, India, Australia and Singapore. The first in-depth study of recent trends in dispute resolution practice related to business in the Asia-Pacific region, the book’s practical analysis of new resources for dealing with the increasing competition among countries to become credible regional dispute resolution hubs will prove to be of great value to specialists in the international business law sector. Lawyers will be enabled to make informed decisions on which venue and dispute resolution methods are the most suitable for any specific dispute in the region, and policymakers will confidently assess emerging trends in international dispute resolution policy development and treaty-making.
A World Beyond Borders
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Author : David Clark MacKenzie
language : en
Publisher: University of Toronto Press
Release Date : 2010-01-01
A World Beyond Borders written by David Clark MacKenzie and has been published by University of Toronto Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-01-01 with Political Science categories.
"This lucid, thoughtful synthesis makes excellent sense of the dense web that international organizations have spun around the globe over the last two centuries. Above all, by highlighting their role in relation to states and by assessing their performance, this volume provides a welcome introduction to a prime feature of our globalized world."---Michael H. Hunt, University of North Carolina at Chapel Hill "The author has written a balanced, fair introduction to the modern history of international organizations. While the survey of the League of Nations is well done, the book really comes alive with its analysis of the United Nations. The final chapter, surveying recent UN operations, is excellent. A World Beyond Borders is an effective resource for undergraduate students of international relations."---George Egerton, University of British Columbia There were only a few international organizations at the start of the twentieth century. By the end of the century, there were thousands at the heart of the international system involved in all aspects of international relations, including peacekeeping, disarmament, peace resolution, human rights, diplomacy, and environmentalism. This short book examines how international organizations became the major legal, moral, and cultural forces that they are today. For easy reference, the appendices consist of the Covenant of the League of Nations, The Charter of the United Nations, and The Universal Declaration of Human Rights. The book also includes a list of League of Nations members and United Nations members, diagrams of the structure of the General Assembly and the organs of the UN, and a list of UN peacekeeping missions.
Beyond Borders
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Author : Molly Katrina Land
language : en
Publisher: Cambridge University Press
Release Date : 2024-04-18
Beyond Borders written by Molly Katrina Land 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 2024-04-18 with Political Science categories.
States have long denied basic rights to non-citizens within their borders, and international law imposes only limited duties on states with respect to those fleeing persecution. But even the limited rights previously enjoyed by non-citizens are eroding in the face of rising nationalism, populism, xenophobia, and racism. Beyond Borders explores what obligations we owe to those outside our political community. Drawing on contributions from a broad variety of disciplines - from literature to political science to philosophy - the volume considers the failures of law and politics to guarantee rights for the most vulnerable and attempts to imagine new forms of belonging grounded in ideas of solidarity, empathy, and responsibility in order to identify a more robust basis for the protection of non-citizens at home and abroad. This title is also available as Open Access on Cambridge Core.
Set Off Defences In International Commercial Arbitration
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Author : Christiana Fountoulakis
language : en
Publisher: Bloomsbury Publishing
Release Date : 2010-12-22
Set Off Defences In International Commercial Arbitration written by Christiana Fountoulakis and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-12-22 with Law categories.
The book deals with set-off in international arbitration proceedings. In these proceedings, set-off is frequently the tool relied upon to resist a claim. At the same time, the legal intricacies make it hard to use. The first part of the book provides a survey of set-off, including its definition, significance and functions. The second part offers a thorough comparative analysis of selected European laws of set-off and reveals the dramatic differences between them. The third and last part of the book deals with the problematic consequences of these differences and shows the limits and the inadequacy of the traditional choice-of-law doctrines. While demonstrating how to overcome the practical hurdles of the present situation, the third part also offers normative alternatives that should provide significant help in the adjudication of commercial disputes.
Global Legal Pluralism
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Author : Paul Schiff Berman
language : en
Publisher: Cambridge University Press
Release Date : 2012-02-27
Global Legal Pluralism written by Paul Schiff Berman 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 2012-02-27 with Law categories.
We live in a world of legal pluralism, where a single act or actor is potentially regulated by multiple legal or quasi-legal regimes imposed by state, substate, transnational, supranational and nonstate communities. Navigating these spheres of complex overlapping legal authority is confusing and we cannot expect territorial borders to solve all these problems. At the same time, those hoping to create one universal set of legal rules are also likely to be disappointed by the sheer variety of human communities and interests. Instead, we need an alternative jurisprudence, one that seeks to create or preserve spaces for productive interaction among multiple, overlapping legal systems by developing procedural mechanisms, institutions and practices that aim to manage, without eliminating, the legal pluralism we see around us. Global Legal Pluralism provides a broad synthesis across a variety of legal doctrines and academic disciplines and offers a novel conceptualization of law and globalization.
International Commercial Arbitration And The Brussels I Regulation
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Author : Louise Hauberg Wilhelmsen
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018-04-27
International Commercial Arbitration And The Brussels I Regulation written by Louise Hauberg Wilhelmsen and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-04-27 with Law categories.
The Brussels I Regulation, which ensures the free circulation of judgments within the EU, was recently revised; one of the main issues addressed was whether the Regulation affects the efficient resolution of international commercial disputes through arbitration within the Union. This book provides an in depth examination of the interface between the Regulation and international commercial arbitration. The author demonstrates that the consequences of this interface can encourage the use of delaying tactics, hampering the efficient resolution of international disputes.