Challenges In Arbitration

DOWNLOAD

Download Challenges In Arbitration PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get Challenges In Arbitration book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page

Challenge And Disqualification Of Arbitrators In International Arbitration

DOWNLOAD
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 In Arbitration

DOWNLOAD
Author : Ben Beaumont
language : en
Publisher: Butterworths
Release Date : 2019-11-15

Challenges In Arbitration written by Ben Beaumont and has been published by Butterworths this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-15 with categories.

This brand new work covers the various ways in which arbitral proceedings, arbitrators and arbitral awards can be challenged in England, Wales and Northern Ireland. It ranges from challenges during an arbitration, to appeals and challenge applications against awards to contesting the enforcement of awards.The authors offer in-depth insights into both the 1996 Act and under important institutional rules such as LCIA in terms of how they deal with challenges. It includes commentary on the law as it is (including all relevant case law and commentaries) and at the same time offers practical ?how to? guidance to those involved in bringing, or defending against, a challenge. The book also provides context on how the English regime for challenges evolved and how it compares to other jurisdictions, particularly those following the UNCITRAL Model Law.No other single volume covers this highly practical aspect so comprehensively with a focus on England, Wales and Northern Ireland.

Procedure And Evidence In International Arbitration

DOWNLOAD
Author : Jeffrey Waincymer
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2012-05-23

Procedure And Evidence In International Arbitration written by Jeffrey Waincymer 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 2012-05-23 with Law categories.

Central to the book’s purpose is the procedural challenge facing arbitrators at each and every stage of the arbitral process when fairness arguments conflict with efficiency concerns and trade-offs must be determined. Some key themes include how can a tribunal be fair, and in particular be neutral, if parties are so diverse? How can arbitration be made efficient and cost-effective without undue inroads into fairness and accuracy? How does a tribunal do what is best if the parties are choosing a suboptimal process? When can or must an arbitrator ignore procedural choices made by the parties? The author thoroughly evaluates competing arguments and adds his own practical tips, expertly synthesizing and engaging with the conference literature and differing authors’ views. He identifies criteria that offer a harmonized approach to each stage of the arbitral process, with particular attention to such aspects of international arbitration as: appropriate trade-offs between flexibility and certainty; the rights, duties and powers of arbitrators; appointment and challenge of arbitrators; responses to ‘guerilla’ tactics; drafting of arbitration agreements, including specialty clauses; drafting of required commencement notices and response documents; set-off; fast track arbitration and other efficiency options; strategic use of preliminary conferences and timetabling; online arbitration; multi-party, multi-contract, class arbitration; amicus and third party funders; pre-arbitral referees and interim relief; witness evidence, both factual and expert; documentary evidence, production obligations, and challenges to production; identifying applicable law; and remedies and costs.

Challenges And Recusals Of Judges And Arbitrators In International Courts And Tribunals

DOWNLOAD
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.

Pervasive Problems In International Arbitration

DOWNLOAD
Author : Loukas A. Mistelis
language : en
Publisher:
Release Date : 2006

Pervasive Problems In International Arbitration written by Loukas A. Mistelis and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Conflict of laws categories.

"This important book will be of great interest to arbitration lawyers, international lawyers and business people, as well as to academics, libraries, and students of dispute resolution."--Publisher's website.

Arbitration

DOWNLOAD
Author : MATTHEW H. ADLER
language : en
Publisher:
Release Date : 2021-08-09

Arbitration written by MATTHEW H. ADLER and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-09 with categories.

Corruption And Fraud In Investment Arbitration

DOWNLOAD
Author : Adilbek Tussupov
language : en
Publisher: Springer Nature
Release Date : 2022-01-12

Corruption And Fraud In Investment Arbitration written by Adilbek Tussupov and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-12 with Law categories.

This book offers an exciting overview of how the investor-state dispute settlement mechanism currently deals with allegations and/or evidence of fraud and corruption. It provides a detailed analysis of the legal framework under which arbitral tribunals usually operate in investment disputes involving allegations of illegality. Readers will find step-by-step examinations of the corruption and fraud arguments employed by arbitral tribunals in ten landmark ISDS cases, followed by a chapter summarizing the status quo on the topic. The final part of the book discusses the identified challenges of addressing illegality issues in investment arbitration and potential solutions, including the creation of a multilateral investment court.

Environmental Interests In Investment Arbitration

DOWNLOAD
Author : Flavia Marisi
language : en
Publisher:
Release Date : 2020

Environmental Interests In Investment Arbitration written by Flavia Marisi and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with categories.

Addressing Issues Of Corruption In Commercial And Investment Arbitration

DOWNLOAD
Author : Domitille Baizeau
language : en
Publisher: Kluwer Law International
Release Date : 2015

Addressing Issues Of Corruption In Commercial And Investment Arbitration written by Domitille Baizeau and has been published by Kluwer Law International this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Arbitration (International law) categories.

The Impact of Corruption on "Gateway Issues" of Arbitrability, Jurisdiction, Admissibility and Procedural Issues /Yas Banaiftemi --On Corruption's Peremptory Treatment in International Arbitration /Aloysius P. Llamzon --Corruption Issues in the Jurisdictional Phase of Investment Arbitrations /Hiroyuki Tezuka --Standards of Proof for Allegations of Corruption in International Arbitration /Vladimir Kvhalei --Proving Corruption in International Arbitration /Andrea J. Menaker and Brody K. Greenwald --Corruption and Arbitration /Sébastien Besson --Addressing Allegations and Findings of Corruption /Nassib G. Ziadé --Corruption in Arbitration /Thomas K. Sprange QC --Arbitrators' Investigative and Reporting Rights and Duties on Corruption /Edoardo Marcenaro --The Common Law Consequences and Effects of Allegations or a Positive Finding of Corruption /Matthew Gearing QC and Roanna Kwong --The Effects of a Positive Finding of Corruption /Juan Fernández-Armesto --Raising Corruption as a Defence in Investment Arbitration /Sophie Nappert --Consequences and Effects of Allegations or of a Positive Finding of Corruption /Carita Wallgren-Lindholm --Concluding Remarks: Corruption and International Arbitration /Richard Kreindler.

Bias Challenges In International Commercial Arbitration

DOWNLOAD
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.