Conflict Of Laws In International Commercial 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.
Choice Of Forum And Laws In International Commercial Arbitration
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Author : Peter Edward Nygh
language : en
Publisher: Kluwer Law International
Release Date : 1997
Choice Of Forum And Laws In International Commercial Arbitration written by Peter Edward Nygh 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 1997 with Law categories.
International commercial arbitration raises issues other than the choice of the law applicable to the principal contract. Autonomy may have a wider meaning, extending beyond the choice of applicable law to the choice of arbitration itself, and of the place or places where it is to be conducted. Nor is it altogether clear what the forum is, if any. This paper raises the fundamental question of what gives the arbitrator his or her competence--the will of the parties or the law of the seat of arbitration which the parties may, or may not, have chosen? The paper also suggests an answer to the questions of which choice of law rules, if any, should be applied by the arbitrators, to what extent arbitrators will apply mandatory rules (règles d'application immédiate), as well as which law governs the procedural aspects and whether it has to be the procedural law of a national system. The new English Arbitration Act 1996 has also been taken into account.
Law And Practice Of International Commercial Arbitration
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Author : Alan Redfern
language : en
Publisher: Sweet & Maxwell
Release Date : 2004
Law And Practice Of International Commercial Arbitration written by Alan Redfern and has been published by Sweet & Maxwell this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Law categories.
Highly acclaimed by practitioners all over the world, Law & Practice of International Commercial Arbitration has deservedly become the leading text in its field. With its comprehensive review of the legal context within which international commercial arbitration operates, Redfern & Hunter is the ultimate user-friendly explanation of how arbitration, and in particular international commercial arbitration, works. The 4th edition has been expanded to give a wider global scope to the work. Readers can also benefit from the expert insight and advice of world-renowned international practitioners. international practitioner * Contains a comprehensive review of the international commercial arbitration process from start to finish * Includes commentary on suitable places of arbitration, developments in international trade law and the increasing harmonisation of national laws governing international arbitration * Appendices include the major international rules of arbitration and conventions * Explains how arbitration should be conducted to be cost effective and profitable * Fully updated to take account of the latest developments all over the world - including a new chapter on investment arbitrations
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.
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
International Contracts And National Economic Regulation Dispute Resolution Through International Commercial Arbitration
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Author : Mahmood Bagheri
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2000-12-06
International Contracts And National Economic Regulation Dispute Resolution Through International Commercial Arbitration written by Mahmood Bagheri 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 2000-12-06 with Business & Economics categories.
The growth of national economic regulation and the process of globalisation increasingly expose international transactions to an array of regulations from different jurisdictions. These developments often contribute to widespread international contractual failures when parties claim the incompatibility of their contractual obligations with regulatory laws. The author challenges conventional means of dispute resolution and argues for an interdisciplinary approach whereby disciplines such as international economic law, conflict of laws, contract law and economic regulations are functionally united to resolve international and multifaceted regulatory disputes. He identifies the normative foundation of contract law as an important determinant in this process, contending that contract law is essentially neutral and underpinned by the concept of corrective justice, while economic regulations are mainly prompted by distributive justice. Applying this corrective/distributive justice dichotomy to international contracts, the author critically assesses major conflict of laws approaches such as `proper law', `the Rome Convention' and `governmental interest analysis', which could disregard either public interest or private rights. The author, taking these theories into account, proposes an alternative two-dimensional interest analysis approach. He tests the viability of this approach with reference to arbitral awards and court decisions in various jurisdictions and concludes that it uniquely fits into the structure of international commercial arbitration. In adopting this approach arbitrators would take into account both corrective and distributive justice, and to the extent that corrective justice prevails, would be able to avert a total failure of the contract.
Comparative International Commercial Arbitration
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Author : Julian D. M. Lew
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2003-01-01
Comparative International Commercial Arbitration written by Julian D. M. Lew 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.
This treatise describes the practice of international commercial arbitration with reference to the major international treaties and instruments, arbitration rules and national laws. It provides an analysis of the interaction between party autonomy and arbitration practice.
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.
The Model Law Approach To International Commercial Arbitration
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Author : Mark Campbell
language : en
Publisher: Edward Elgar Publishing
Release Date : 2024-02-12
The Model Law Approach To International Commercial Arbitration written by Mark Campbell 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 2024-02-12 with Law categories.
Taking the UNCITRAL Model Law on International Commercial Arbitration as its basis, this concise and accessible book presents a cutting-edge account of the international arbitral process. Applying a chronological approach, the book will enable readers to gain an understanding of the arbitral process from start to finish.