Conflict Of Laws In International Arbitration
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Conflict Of Laws In International Arbitration
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Author : Franco Ferrari
language : en
Publisher: Walter de Gruyter
Release Date : 2010-12-23
Conflict Of Laws In International Arbitration written by Franco Ferrari and has been published by Walter de Gruyter this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-12-23 with Law categories.
Irrespective of the increasing harmonization of law at the transnational level, every arbitration raises a number of confl ict of laws problems relating to procedural questions as well as to issues concerning the merits of the case. Unlike a state court judge, the arbitrator has no "lex fori" in the proper sense providing the relevant confl ict rules to determine the applicable law. This raises the question of what confl ict of laws rules to apply and, consequently, of the extent of the freedom the arbitrator enjoys in dealing with this and related issues. The best example of the importance of confl ict of laws questions in arbitration is the Vivendi-Elektrim saga where the outcome of the various proceedings depended on the question of characterization. This very beneficial book is dealing with - the arbitration agreement, - the jurisdiction of the arbitral tribunal, - the law applicable to the merits and - the arbitration procedure.
Overriding Mandatory Rules In International Commercial Arbitration
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Author : Hossein Fazilatfar
language : en
Publisher: Edward Elgar Publishing
Release Date : 2019-12-27
Overriding Mandatory Rules In International Commercial Arbitration written by Hossein Fazilatfar 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 2019-12-27 with Law categories.
Overriding Mandatory Rules in International Commercial Arbitration discusses the applicability of mandatory rules of law in international commercial arbitration and addresses the concerns of the arbitrators and judges at various stages of arbitration and the enforcement of the award.
International Arbitration Law And Practice
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Author : Gary B. Born
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2021-06-07
International Arbitration Law And Practice written by Gary B. Born 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 2021-06-07 with Law categories.
International Arbitration: Law and Practice (Third Edition) provides comprehensive and authoritative coverage of the basic principles and legal doctrines, and the practice, of international arbitration. The book contains a systematic, but concise, treatment of all aspects of the arbitral process, including international arbitration agreements, international arbitral proceedings and international arbitral awards. The Third Edition guides both students and practitioners through the entire arbitral process, beginning with drafting, enforcing and interpreting international arbitration agreements, to selecting arbitrators and conducting arbitral proceedings, to recognizing, enforcing and seeking to annul arbitral awards. The book is written in clear, accessible language, suited for both law students and non-specialist practitioners, as well as more experienced readers. This highly regarded work addresses both international commercial arbitration and the related fields of investment and state-to-state arbitration and is essential reading for any student of international arbitration and any practitioner seeking a complete introduction to the field. The Third Edition has been comprehensively updated to include recent legislative amendments, judicial decisions and arbitral awards. Among other things, the book provides detailed treatment of the New York Convention, the UNCITRAL Model Law on International Commercial Arbitration, all leading institutional arbitration rules (including ICC, SIAC, LCIA, AAA and others), the ICSID Convention and ICSID Arbitration Rules, and judicial decisions from leading jurisdictions. The Third Edition is integrated with the author’s classic International Commercial Arbitration and with the online Born International Arbitration Lectures, enabling students, teachers and practitioners to explore particular topics in more detail. About the Author: Gary B. Born is the world’s leading authority on international arbitration and litigation. He has practiced extensively in both fields in Europe, the United States, Asia and elsewhere. He is the author of International Commercial Arbitration (Kluwer Law International 3rd ed. 2021), International Arbitration and Forum Selection Agreements: Drafting and Enforcing (Kluwer Law International 6th ed. 2021), International Commercial Arbitration: Cases and Materials (Aspen 3rd ed. 2021) and International Civil Litigation in United States Courts (Aspen 6th ed. 2018).
International Arbitration Law And Practice Third Edition
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Author : Mauro Rubino-Sammartano
language : en
Publisher: Juris Publishing, Inc.
Release Date : 2014-01-01
International Arbitration Law And Practice Third Edition written by Mauro Rubino-Sammartano 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 2014-01-01 with Law categories.
This third edition of International Arbitration Law and Practice has been largely enriched by covering international commercial arbitrations, investment treaty arbitrations, arbitrations between public bodies, between states and individuals, the UNCITRAL model law and Iran-US Tribunal proceedings as well as commodity arbitration, online arbitration and sports arbitral proceedings. International Arbitration Law and Practice, 3rd edition elaborates new concepts such as a definition of international arbitration based on procedural law (different from transnational law) and a doctrine (the tronc commun doctrine) to identify the applicable substantive law on disputes between parties belonging to different countries. It further suggests that a law of international arbitration has arisen from the various conventions and laws. Besides dealing with all the aspects of arbitration on a topic by topic basis, the writer presents a third generation arbitration which builds on analysis of major obstacles to a smooth running arbitration.International Arbitration Law and Practice, 3rd edition is a work that anyone involved in arbitral proceedings will find to be absolutely indispensable.
International Arbitration And Mediation
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Author : Michael McIlwrath
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2010-01-01
International Arbitration And Mediation written by Michael McIlwrath 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.
This book is intended as an easily accessible desktop resource for lawyers who regularly counsel businesses when negotiating international deals, and for those who represent the same clients in achieving a successful resolution when disputes emerge. The text is divided into chapters that follow the life cycle of an international commercial dispute as seen through the eyes of the parties, from when they agree how to resolve disputes in their contracts to the endgame of enforcement. Additionally, the appendices include a number of model submissions for further reference.--Provided by publisher.
International Arbitration And Private International Law
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Author : George A. Bermann
language : en
Publisher: BRILL
Release Date : 2017-05-15
International Arbitration And Private International Law written by George A. Bermann and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-05-15 with Law categories.
No field of legal scholarship or practice operates in the world of private international law as continuously and pervasively as does international arbitration, commercial and investment alike. Arbitration’s dependence on private international law manifests itself throughout the life-cycle of arbitration, from the crafting of an enforceable arbitration agreement, through the entire arbitral process, to the time an award comes before a national court for annulment or for recognition and enforcement. Thus international arbitration provides both arbitral tribunals and courts with constant challenges. Courts may come to the task already equipped with longstanding private international law assumptions, but international arbitrators must largely find their own way through the private international law thicket. Arbitrators and courts take guidance in their private international law inquiries from multiple sources: party agreement, institutional rules, treaties, the national law of competing jurisdictions and an abundance of “soft law”, some of which may even be regarded as expressing an international standard. In a world of this sort, private international law resourcefulness is fundamental.
Conflict Of Laws In International Commercial Arbitration
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Author : Franco Ferrari (juriste).)
language : en
Publisher:
Release Date : 2019
Conflict Of Laws In International Commercial Arbitration written by Franco Ferrari (juriste).) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Arbitration agreements, Commercial categories.
La 4e de couverture indique : "It is often asserted that conlfict of laws rules are not as relevant in the context of international arbitration as they are in that of judicial proceddings. Acording to some commentators, it is, inter alia, to avoid the complicated conflict of laws methodology that parties opt for international arbitration, since they assume that arbitral tribunals do not apply conflict of laws rules. As recent case law from a number of jurisdictions shows, the assumtions behind these assertions is incorrect. This book addresses some of the most important conflicts of laws problems that may arise in connection with the various stages of arbitral proceddings."
International Commercial Arbitration Commentary And Materials
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Author : Gary Born
language : en
Publisher: BRILL
Release Date : 2021-11-15
International Commercial Arbitration Commentary And Materials written by Gary Born and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-15 with Law categories.
International Commercial Arbitration contains detailed commentary, case analyses, and practice pointers. Full annotations and footnotes provide invaluable research assistance, while clearly-written analyses identify and discuss critical issues. Representative international arbitral awards and national court decisions are excerpted, and detailed reference is made to leading institutional rules. Detailed appendices, an easy-to-use Table of Contents, and an extensive index to aid research and provide ready access to key materials. Co-publication with Kluwer Law International. North American sales rights only. Published under the Transnational Publishers imprint. For class adoption a student edition is available for
Essays On International Commercial Arbitration
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Author : Petar Sarcevic
language : en
Publisher: BRILL
Release Date : 1989-01-01
Essays On International Commercial Arbitration written by Petar Sarcevic and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 1989-01-01 with Law categories.
In the light of the considerable reliance placed by the international business community on systems of dispute settlement, this work gathers together contributions (in French & English) by experts from a wide range of specialisations. They successfully address the regulation & practice of arbitration in the Arab World, assessing the contribution of European & American legislation & the impact of the UNCITRAL model law. The contributions by eminent legal practitioners, academics, members of government & judiciary, reflect also upon current developments. The volume publishes the proceedings of the third Euro-Arab Congress held in Amman, October 1989; the second volume Euro-Arab Arbitration II was published in 1989 by Graham & Trotman.
Due Process In International Commercial Arbitration
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Author : Matti Kurkela
language : en
Publisher: Oxford University Press, USA
Release Date : 2010
Due Process In International Commercial Arbitration written by Matti Kurkela 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 2010 with Language Arts & Disciplines categories.
Previous edition, 1st, published in 2005.