Challenge And Disqualification Of Arbitrators In International Arbitration
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Challenge And Disqualification Of Arbitrators In International Arbitration
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Author : Karel Daele
language : en
Publisher:
Release Date : 2012
Challenge And Disqualification Of Arbitrators In International Arbitration written by Karel Daele and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Law categories.
In this thoroughly researched study of the grounds and procedures involved in challenging an arbitrator, the author provides the first in-depth analysis of the pertinent rules, guidelines, and standards of all the major international arbitration tribunals, as well as relevant issues raised in national case law in the United States, France, England, Sweden and Switzerland. Among the matters addressed are the following: the arbitratorand’s duty to disclose and investigate conflicts of interest; the duty of the parties to investigate and inform the arbitrator of conflicts of interest; the formal and timing requirements of making a challenge; the challenge procedure and effect on the arbitral proceeding; the standard for disqualifying arbitrators; the consequences of a successful challenge; issues of independence giving raise to challenges, including multiple appointments, the arbitratorand’s relationship with a party/counsel in the arbitration and the relationship between the arbitratorand’s law firm and a party/counsel; issues of impartiality giving raise to challenges, including the membership of other tribunals, the conduct of the arbitration and the failure to disclose. In light of the continuing growth of international business and the manner in which it is conducted, this book will be of immeasurable practical value to parties in both business and government, as well as to international law firms and the arbitral community. As a detailed guide to evolving best practice and the general obligation to arbitrate in good faith, it has no peers.
Challenges And Recusals Of Judges And Arbitrators In International Courts And Tribunals
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Author : Chiara Giorgetti
language : en
Publisher: BRILL
Release Date : 2015-07-14
Challenges And Recusals Of Judges And Arbitrators In International Courts And Tribunals written by Chiara Giorgetti and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-07-14 with Law categories.
Challenges and Recusals of Judges and Arbitrators in International Courts and Tribunals examines one of the fundamental control mechanisms of international dispute resolution. In doing so, the book assesses procedures, standards and outcomes of challenges and recusals in some of the main international courts and tribunals, including the ICJ, ICSID, the PCA, the WTO, the Iran-US Claims Tribunal, the ICC and international criminal courts. The book analyzes specific grounds for challenges and how they are applied, while also presenting personal perspectives on challenges and recusals from the point of view of arbitrators and counsel. The book also examines regional differences in challenges and recusals. This unique approach allows a comparative view on both procedural and substantive issues, and also provides a clear and in-depth study of specific forums.
Complex Arbitrations
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Author : Bernard Hanotiau
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2005-01-01
Complex Arbitrations written by Bernard Hanotiau 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 2005-01-01 with Law categories.
Provides an analysis of the issues arising from multiparty-multicontract arbitrations, including those involving States and groups of companies. This work analyses theories on the basis of which courts and arbitral tribunals determine who are parties to the arbitration clause; and whether an arbitration clause may be extended to non-signatories.
Conflict Of Interest In Global Public And Corporate Governance
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Author : Anne Peters
language : en
Publisher: Cambridge University Press
Release Date : 2012-11-29
Conflict Of Interest In Global Public And Corporate Governance written by Anne Peters 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 2012-11-29 with Law categories.
Conflict of interest occurs at all levels of governance, ranging from local to global, both in the public and the corporate and financial spheres. There is increasing awareness that conflicts of interest may distort decision-making processes and generate inappropriate outcomes, thereby undermining the functioning of public institutions and markets. However, the current worldwide trend towards regulation, which seeks to forestall, prevent and manage conflicts of interest, has its price. Drawbacks may include the stifling of decision-making processes, the loss of expertise among decision-makers and a vicious circle of distrust. This interdisciplinary and international book addresses specific situations of conflict of interest in different spheres of governance, particularly in global, public and corporate governance.
Investment Treaty Arbitration As Public International Law
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Author : Eric De Brabandere
language : en
Publisher: Cambridge University Press
Release Date : 2014-09-15
Investment Treaty Arbitration As Public International Law written by Eric De Brabandere 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 2014-09-15 with Law categories.
This book demonstrates how the public international law character of investment treaty arbitration has impacted on the dispute settlement procedure.
Bias Challenges In International Commercial Arbitration
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Author : Sam Luttrell
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2009-01-01
Bias Challenges In International Commercial Arbitration written by Sam Luttrell 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 2009-01-01 with Law categories.
Shows how 'dirty' challenge tactics are made viable primarily by the prevalence of a judicially derived test for bias which focuses on appearances, rather than facts and He argues that the most commonly used test of bias, the 'reasonable apprehension' test, makes it easy to allege a lack of impartiality and independence.
International Investment Arbitration
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Author : Campbell McLachlan
language : en
Publisher: OUP Oxford
Release Date : 2014-03
International Investment Arbitration written by Campbell McLachlan and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-03 with Law categories.
This is an authoritative and full-scale review of the substantive law and principles of investment treaty arbitration. The first edition has been widely referenced and relied upon, and presents the first and deepest analysis of this rapidly-growing field; the second edition accounts for the significant growth in BITs and case law since 2006.
The Icsid Convention
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Author : Christoph H. Schreuer
language : en
Publisher: Cambridge University Press
Release Date : 2001-07-23
The Icsid Convention written by Christoph H. Schreuer 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 2001-07-23 with Law categories.
The Convention on the Settlement of Investment Disputes between States and Nationals of other States entered into force in October 1966, and is administered by ICSID (International Centre for Settlement of Investment Disputes). There are now 131 countries which have ratified the convention. Its caseload has grown substantially during the last ten years. In this unique compendium, the official text and Professor Schreuer's updated commentary on the entire Convention is set out, Article by Article, as at June 2000. This books offers the most comprehensive explanation of the functioning of this important mechanism for the settlement of investor-host State disputes. It incorporates the preparatory work, the literature and the practice under the Convention, as well as a complete tables and index, and cross references to the ICSID Reports. This practice-oriented guide will be an indispensable tool for anyone dealing with the ICSID Convention.
Schreuer S Commentary On The Icsid Convention
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Author : Stephan W. Schill
language : en
Publisher:
Release Date : 2022-09-14
Schreuer S Commentary On The Icsid Convention written by Stephan W. Schill and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-09-14 with Business & Economics categories.
This unique compendium offers an article-by-article commentary on the Convention on the Settlement of Investment Disputes between States and Nationals of Other States. Providing a comprehensive explanation of the functioning of this important mechanism for the settlement of investor-State disputes, it incorporates the preparatory work, the Convention's text, various rules and regulations adopted under the Convention, the practice of arbitral tribunals under the Convention, and academic writings on the subject. The first and second editions of this Commentary have been relied upon by numerous arbitral tribunals. This third edition follows the same system and approach, but extensive updates and revisions reflect the vast increase in arbitral practice since the publication of the second edition. A number of novel issues that have emerged through this practice are now addressed, making this practice-oriented guide an indispensable tool for anyone dealing with the ICSID Convention. Likewise, the number of contributors to and editors of the third edition has increased.