Arbitration In Germany
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Arbitration In Germany
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Author : Karl-Heinz Böckstiegel
language : en
Publisher:
Release Date : 2007
Arbitration In Germany written by Karl-Heinz Böckstiegel and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Arbitration agreements, Commercial categories.
Arbitration in Germany. The Model Law in Practice provides you with a comprehensive analysis of German arbitration law. Written by leading practitioners and academics, it provides insights both from, and for all legal sectors where arbitration plays a role. Until the first edition of this book, there had been no comprehensive and detailed presentation of the German arbitration law in English. In particular, no easily accessible Article by Article commentary existed. The positive feedback to this work, and the developments since its publication in 2007 have led to this timely new edition. You'll find a clear, detailed discussion of the many issues that can arise in the course of commercial arbitral proceedings. The authors offer comprehensive guidance to all parties either planning to arbitrate in Germany, or which are already involved in arbitral proceedings or arbitration-related court proceedings in Germany. The first full, detailed commentary in English on the German arbitration law, this work also includes the rules of the German Institution of Arbitration (DIS).--
International Arbitration In Germany
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Author : Gerhard Wegen
language : en
Publisher:
Release Date : 2022
International Arbitration In Germany written by Gerhard Wegen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with categories.
This new handbook deals with arbitration cases in Germany and cases governed by German law, both ad-hoc and institutional. It covers the following issues: Legal framework for international arbitration in Germany Considering arbitration for disputes in Germany (advantages of international arbitration; German institutional vs. ad-hoc arbitration; preparing for dispute in Germany) The arbitration agreement (formation, scope, effect, amendment, and termination of the arbitration agreement) The arbitral tribunal (jurisdiction; party autonomy; constitution of arbitral tribunal; contractual relationship between the arbitrators; rights of arbitrators; challenge of arbitrators; replacement of arbitrators) The arbitral procedure (the governing laws; place of arbitration and location of hearings; language of the arbitral proceedings; commencement of the arbitral proceedings; pleadings; oral hearing; default of a party; interim measures; state court assistance of arbitration; termination of arbitral proceedings) The arbitral award (applicable substantive law; the making of the award; content and form; delivery; types of awards; legal effect; publication; correction, and interpretation of award) Settlement (private settlement without award; award on agreed terms)
Commercial Arbitration In Germany
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Author : Richard H. Kreindler
language : en
Publisher: Oxford University Press, USA
Release Date : 2016
Commercial Arbitration In Germany written by Richard H. Kreindler 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 2016 with Law categories.
This is a much-needed reference work providing practitioners and academics with a detailed commentary on and thorough analysis of German arbitration law and practice. This title covers both domestic and international arbitration in all its stages. The work details the legal framework for German-related arbitration and provides practical guidance on the appropriate choices, with a specific focus on particularities of German law and practice. It contains a high level of analysis whilst maintaining a practical approach and structure mirroring the typical course of arbitral proceedings. The book navigates along the life cycle of an arbitration, commencing with the arbitration agreement, continuing with the arbitral tribunal, the arbitral proceedings and interim relief, and concluding with the arbitral award including its recognition and enforcement. At each stage, the work combines exhaustive legal analysis, clear and concise presentation, and a practical and accessible approach. Written by highly regarded experts in the field, it provides arbitration practitioners and academics alike with a thorough guide for use when working on cases with a German nexus with a detailed analysis of the applicable legal framework in Germany. Arbitration in Germany continues to grow as the country builds on its reputation as a suitable venue for international arbitration. This trend is reflected in the increasing relevance of the German Institution of Arbitration (DIS), which currently has more than 1,150 members domestically and overseas, including numerous major trade organizations and chambers of commerce, leading German companies, judges, lawyers and academics. The number of arbitration cases under the DIS Rules has more than doubled since 2005 while statistics of the International Chamber of Commerce (ICC) show that Germany is the fifth most frequently chosen place of arbitration and German law is the fourth most frequently chosen law. Even where the place of arbitration is outside Germany, German arbitration law plays an increasingly important role for the recognition and enforcement of awards. This particular significance is highlighted by Germany's strong export-oriented economy and is mirrored in the fact that German parties are the second most frequently encountered nationality among parties in ICC arbitrations worldwide.
International Arbitration In Germany
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Author : Marcel Barth
language : en
Publisher:
Release Date : 2020
International Arbitration In Germany written by Marcel Barth and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Arbitration (Administrative law) categories.
Commercial Dispute Resolution In Germany
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Author : Stefan Rützel
language : en
Publisher:
Release Date : 2016-01
Commercial Dispute Resolution In Germany written by Stefan Rützel and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-01 with categories.
The Dis Arbitration Rules
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Author : Gustav Flecke-Giammarco
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2020-03-20
The Dis Arbitration Rules written by Gustav Flecke-Giammarco 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 2020-03-20 with Law categories.
The new arbitration rules of the German Arbitration Institute (Rules) entered into force on 1 March 2018. Drafted over an intense period of eighteen months by a committee of globally recognized experts with the active participation of nearly 300 arbitration practitioners, the Rules stand poised to attract parties seeking dispute resolution not only in Germany but also internationally. This extraordinary book, written by the drafters themselves, with more than 550 pages of comprehensive article-by-article commentary, is filled with practical insights and recommendations regarding the application of the Rules. Each provision of the new Rules is given its own chapter, in which the following issues and topics are examined in depth for the specific rule under analysis: use of the provision in practice; modifications from the corresponding provision in the 1998 Rules; relationship to the relevant sections of the German Code of Civil Procedure; comparison with relevant regulations and practices in German State court proceedings; detailed expert commentary, including analysis of case law and legal scholarship; DIS practice concerning the application of the provision; and comparison with similar provisions in other arbitration rules. An annex contains an extensive collection of reference materials, including forms, schedule of costs and texts of various international arbitration documents. The authors and editors have vast experience as counsel and arbitrators in proceedings conducted under the auspices of the DIS and other arbitral institutions. Their intimate familiarity with all aspects of DIS case administration is of immeasurable value to all stakeholders in arbitral proceedings. A genuine user’s guide, the book explains how the new Rules are likely to be applied in practice by the arbitral institution, arbitrators and parties. Its practical tips regarding the effective conduct of DIS arbitrations elucidate best practices for counsel and arbitrators and make DIS’ day-to-day case management and decision-making processes more transparent and predictable for users of all levels of experience and expertise.
Arbitration In England And Germany
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Author : Rudolf Kahn
language : en
Publisher: Walter de Gruyter GmbH & Co KG
Release Date : 2021-10-25
Arbitration In England And Germany written by Rudolf Kahn and has been published by Walter de Gruyter GmbH & Co KG this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-25 with Law categories.
No detailed description available for "Arbitration in England and Germany".
Commercial Arbitration In The Federal Republic Of Germany
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Author : Ottoarndt Glossner
language : en
Publisher: Springer
Release Date : 1984-11-30
Commercial Arbitration In The Federal Republic Of Germany written by Ottoarndt Glossner and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1984-11-30 with Law categories.
Textbook on legal aspects of commercial and trade arbitration proceedings in Germany, Federal Republic - examines content of arbitration agreements incl. Parties involved, arbitrator's rights, duties, wages, type of contracts, arbitral awards and dispute settlements; defines the nature of the procedures of expertise incl. Quality arbitration; comments on legislation affecting arbitration. Bibliography.
Insolvency In Commercial Arbitration
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Author : Fabian van den Ven
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2023-08-31
Insolvency In Commercial Arbitration written by Fabian van den Ven 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 2023-08-31 with Law categories.
The settling of disputes in international trade and in large and technically complex construction projects can hardly be imagined without the institution that is arbitration. Another thing we can be sure about is that insolvency will also remain a part of the lifecycle of business entities within the currently existing economic system. Whereas insolvency proceedings are heavily regulated with little leeway for the parties, the central tenet of arbitration is the autonomy of the parties. Hence this book aims to thoroughly investigate the many legal issues arising in arbitral proceedings when insolvency and arbitration clash. This interaction is increasingly frequent today. Providing much-needed practical guidance derived from a broad and deep theoretical discussion, the book covers such aspects as the following: the effect of insolvency on the arbitration agreement, the arbitration procedure (including a potential mandatory stay of proceedings), the arbitrator’s contract, and the arbitral award; the position of insolvency and arbitration within a legal order; the arbitrability of insolvency(-related) issues and claims; the possibility of determining claims in insolvency via arbitration; the determining of applicable law and conflict-of-laws rules, in particular when insolvency is opened in a different jurisdiction than that of the arbitration; and insolvency in arbitration within the application of the European Insolvency Regulation. After a chapter on the relevant background theories, the two main chapters of the book focus first on general issues that can arise in a domestic situation and second on problems particular to international cases of insolvency in arbitration. The primary domestic perspective is the German one, with abundant additional detail to fully embrace the international relevance of the discussion. The author concludes with a number of considerations, informed by practitioner feedback, discussions throughout the work, and as many arbitration case law examples as possible, for tribunals dealing with insolvency in arbitration. Based on a systematic application of arbitration and insolvency theory, the book provides an all-encompassing and holistic discussion, from before an arbitration is started to after the award has been enforced. In this way, the book provides a ‘one-stop-shop’ for practitioners, both lawyers and arbitrators, helping tribunals to navigate the treacherous waters of insolvency in arbitration.
Icc Arbitration In Practice
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Author : Herman Verbist
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2015-12-19
Icc Arbitration In Practice written by Herman Verbist 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 2015-12-19 with Law categories.
The Rules of Arbitration of the International Chamber of Commerce - commonly referred to as the ICC Rules — are the rules most frequently used in commercial disputes between business partners from different countries. Since they were first launched in 1922, these Rules have been applied in over 21,000 cases. The second revised edition of this eminently practical volume provides an article-by-article commentary of the current version of the ICC Rules of Arbitration in force as from 1 January 2012. Using clear and concise language, unencumbered by footnotes and illustrated by flow diagrams, the authors guide the reader through the various stages of ICC arbitration proceedings, from initiation to the final award. This thorough analysis is enhanced with other invaluable material, including: • a digest of statistics relating to ICC arbitration for the years 2009 to 2013; • references to selected national arbitration laws and to the UNCITRAL Model Law on International Commercial Arbitration; • a bibliography, including useful web sites; and • a separate chapter on ICC’s other dispute resolution services, such as mediation, expert proceedings, dispute boards, DOCDEX and the pre-arbitral referee procedure. Appendices provide the reader with the texts of ICC’s various dispute resolution rules and other relevant documents. The authors, all practicing lawyers, have all worked as counsel at the Secretariat of the ICC International Court of Arbitration. They have gone on to represent parties and act as arbitrators in many international proceedings. They also serve as mediators and party representatives in international mediations. They are also members of the ICC Commission on Arbitration and ADR and participated in the discussions leading to the 2012 ICC Rules of Arbitration. Written from a practical perspective, this book remains an essential resource for company lawyers who wish to familiarize themselves with ICC arbitration, assess the pros and cons of entering into an arbitration clause referring to the ICC Rules, or obtain information and guidance on how to proceed in a given situation. Arbitration practitioners will find useful information on the practice of ICC arbitration, including various notes of the ICC Court Secretariat and reports of the ICC Commission on Arbitration and ADR.