Consent In International Arbitration 2nd Ed
DOWNLOAD
Download Consent In International Arbitration 2nd Ed PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get Consent In International Arbitration 2nd Ed 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
Consent In International Arbitration
DOWNLOAD
Author : Andrea M. Steingruber
language : en
Publisher: OUP Oxford
Release Date : 2012-03-15
Consent In International Arbitration written by Andrea M. Steingruber and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-03-15 with Law categories.
Examining the notion, nature, and extent of consent in both commercial arbitration and investment arbitration, this book provides practitioners and academics with a thorough, case-related analysis of an issue which raises many questions. Whilst considering the evolution of arbitration and its consensual nature - enlargement of the parties' freedom to consent to arbitration, and development from commercial arbitration to investment arbitration - it addresses important theoretical questions to offer practical solutions. These include: how consent to arbitrate is expressed and when mutual consent to arbitration is reached; which law shall govern the arbitration agreement or, more particularly, consent as an element of the substantive validity of it; and, conversely, according to which law will a possible lack of consent be judged; how consent should be interpreted; which relationship exists between consent as part of the substantive validity of an arbitration agreement and its formal validity; which, if any, are the implied terms when consenting to arbitration; how consent to arbitrate influences procedural aspects (counterclaims, joinder, consolidation), and which solutions adopted by treaties, national laws or arbitration rules are, or would be, the most respectful of parties' consent in this respect; what in investment arbitration is the relationship between consent and most-favoured-nation clauses or the influence of umbrella clauses. The book includes original arguments and puts forward new suggestions with regard to the changeable consensual character of arbitration. It also provides a particular focus on problems that frequently arise in practice of international arbitration, for example issues related to complex multiparty arbitration and to jurisdictional questions in investment arbitration.
Consent In International Arbitration 2nd Ed
DOWNLOAD
Author : ANDREA MARCO. STEINGRUBER
language : en
Publisher:
Release Date : 2021
Consent In International Arbitration 2nd Ed written by ANDREA MARCO. STEINGRUBER and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with categories.
Consent In Context Fulfilling The Promise Of International Arbitration Multiparty Multi Contract And Non Contract Arbitration
DOWNLOAD
Author : Karim Youssef
language : en
Publisher:
Release Date : 2012
Consent In Context Fulfilling The Promise Of International Arbitration Multiparty Multi Contract And Non Contract Arbitration written by Karim Youssef and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Arbitration agreements, Commercial categories.
Arbitration Clauses For International Contracts 2nd Edition
DOWNLOAD
Author : Paul D. Friedland
language : en
Publisher: Juris Publishing, Inc.
Release Date : 2007-07-01
Arbitration Clauses For International Contracts 2nd Edition written by Paul D. Friedland 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 2007-07-01 with Law categories.
"This book, by a leading international arbitration practitioner, offers suggested language for every option that a drafter of an international arbitration clause may need. Following a succinct assessment of the choice between arbitration and litigation and commentary on the choices among arbitration fora and formats, the author presents an accessible how-to for drafting. While other works offer theory and a smattering of drafting tips, there is no other comprehensive collection of workable language, presented accessibly with easy-to-reference appendices. This book will be a standard reference for both in-house counsel and outside practitioners. This book provides, in an accessible format, clauses that address all the significant issues that contracting parties face, and in any event should consider, when they decide to draft a dispute resolution clause for an international contract. Those who wish immediate access to suggested language may turn directly to the Appendices. Those who wish to understand the analysis that leads to the suggested language should read the text."--Publisher's website.
Notion Nature And Extent Of Consent In International Arbitration
DOWNLOAD
Author : Andrea Marco Steingruber
language : en
Publisher:
Release Date : 2009
Notion Nature And Extent Of Consent In International Arbitration written by Andrea Marco Steingruber and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with categories.
The Dilemma Of Consent To International Arbitration In Investment Agreements Without A Forum
DOWNLOAD
Author : Fernando Tupa
language : en
Publisher: BRILL
Release Date : 2023-02-17
The Dilemma Of Consent To International Arbitration In Investment Agreements Without A Forum written by Fernando Tupa and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-02-17 with Law categories.
In this volume, Fernando Tupa explores the significance and practical consequences of the fundamental principle that consent to international arbitration is forum-specific, which is sometimes overlooked by investment tribunals.
International Commercial Arbitration
DOWNLOAD
Author : Gary B. Born
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2014-10-01
International Commercial Arbitration 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 2014-10-01 with Law categories.
The second edition of Gary Born's International Commercial Arbitration is an authoritative 4,408 page treatise, in three volumes, providing the most comprehensive commentary and analysis, on all aspects of the international commercial arbitration process, that is available. The first edition of International Commercial Arbitration is widely acknowledged as the preeminent commentary in the field. It was awarded the 2011 Certificate of Merit by the American Society of International Law and was voted the International Dispute Resolution Book of the Year by the Oil, Gas, Mining and Infrastructure Dispute Management list serve in 2010. The first edition has been extensively cited in national court decisions and arbitral awards around the world. The treatise comprehensively examines the law and practice of contemporary international commercial arbitration, thoroughly explicating all relevant international conventions, national arbitration statutes and institutional arbitration rules. It focuses on both international instruments (particularly the New York Convention) and national law provisions in all leading jurisdictions (including the UNCITRAL Model Law on International Commercial Arbitration). Practitioners, academics, clients, institutions and other users of international commercial arbitration will find clear and authoritative guidance in this work. The second edition of International Commercial Arbitration has been extensively revised, expanded and updated, to include all material legislative, judicial and arbitral authorities in the field of international arbitration prior to January 2014. It also includes expanded treatment of annulment, recognition of awards, counsel ethics, arbitrator independence and impartiality and applicable law. Overview of volumes: Volume I, covering International Arbitration Agreements,provides a comprehensive discussion of international commercial arbitration agreements. It includes chapters dealing with the legal framework for enforcing international arbitration agreements; the separability presumption; choice of law; formation and validity; nonarbitrability; competence-competence and the allocation of jurisdictional competence; the effects of arbitration agreements; interpretation and non-signatory issues. Volume II, covering International Arbitration Procedures, provides a detailed discussion of international arbitral procedures. It includes chapters dealing with the legal framework for international arbitral proceedings; the selection, challenge and replacement of arbitrators; the rights and duties of international arbitrators; selection of the arbitral seat; arbitration procedures; disclosure and discovery; provisional measures; consolidation, joinder and intervention; choice of substantive law; confidentiality; and legal representation and standards of professional conduct. Volume III, dealing with International Arbitral Awards, provides a detailed discussion of the issues arising from international arbitration awards. It includes chapters covering the form and contents of awards; the correction, interpretation and supplementation of awards; the annulment and confirmation of awards; the recognition and enforcement of arbitral awards; and issues of preclusion, lis pendens and staredecisis.
Consent In Context
DOWNLOAD
Author : Karim YOUSSEF
language : en
Publisher:
Release Date : 2011
Consent In Context written by Karim YOUSSEF and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with categories.
International Arbitration And Forum Selection Agreements
DOWNLOAD
Author : Gary Born
language : en
Publisher:
Release Date : 2006
International Arbitration And Forum Selection Agreements written by Gary Born and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Arbitration and award categories.
No lawyer involved in international transactions can afford to ignore this authoritative guide to planning and drafting international arbitration agreements and forum selection clauses. It includes clear, practical explanations of the advantages and disadvantages of different forms of dispute resolution provisions, and detailed discussion of all elements of drafting arbitration and choice-of-court clauses. The primer includes scores of revised model arbitration and forum selection clauses, providing precise wording for use in a wide range of commercial contexts. It is designed for easy reference and use by both general practitioners and specialists. Each model clause is thoroughly annotated, including with reference to relevant scholarship and jurisprudence. The primer is authored by Gary B. Born, one of the world's pre-eminent authorities on international commercial arbitration and litigation. He is the author of International Commercial Arbitration (2d ed. 2001) and International Civil Litigation in U.S. Courts (3d ed. 2000), and a leading international arbitration practitioner. He has brought a wealth of practical experience and academic achievement together to produce a practical, authoritative guide to drafting and planning international arbitration and forum selection agreements. This second edition, extensively updated and revised, includes such features as the following: scores of sample arbitration and forum selection clauses, including leading institutional arbitration clauses, ad hoc clauses and comprehensive guidance on drafting individualized clauses; sample language relating to discovery, language, arbitrators' qualifications, confidentiality, waivers of immunity, interim relief, fast-track procedures, costs, consent to service of process, and other commonly-used provisions; descriptions of all leading international arbitration institutions (ICC, LCIA, AAA, ICSID) and most major regional arbitration institutions, including commentary on individual characteristics of each institution; practically-oriented discussions of the importance of the arbitral seat, means of selecting arbitrators, language, and other key issues; detailed guidance on drafting choice-of-law clauses (including samples) and their role in dispute resolution; and practical analysis of enforcement of international arbitration and forum selection agreements, as well as national court judgments and international arbitral awards, under leading conventions and national laws. An appendix contains texts of the New York and European Conventions and the UNCITRAL Model Law, as well as arbitration rules of leading arbitral institutions. Designed for easy reference and use by both general practitioners and specialists, the book is required for any international practitioner or corporate counsel engaged in international matters. ADVANCE REVIEWS OF THE SECOND EDITION 'An excellent work by one of the world's leading arbitration authorities and practitioners. This comprehensive review of international arbitration is bound to become essential reading for students and practitioners alike, especially for anyone drafting arbitration clauses.'Roberto Danino, Secretary General of the International Centre for Settlement of Investment Disputes (ICSID) 'Gary Born's new edition of this classic work covers everything a drafter of dispute resolution clauses needs to consider, with useful model clauses, and is up to the minute on all recent developments.'James H. Carter, Chairman of the Board, American Arbitration Association 'Many books are devoted to the subject of international arbitration, but this is one of the few which stand out as particularly valuable due to its thoroughness, clarity, and reliability. ... Mr Born's excellent second edition is more than welcome.'Jan Paulsson, President, London Court of International Arbitration
Confidentiality In International Commercial Arbitration
DOWNLOAD
Author : Ileana M. Smeureanu
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2011-01-01
Confidentiality In International Commercial Arbitration written by Ileana M. Smeureanu 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 2011-01-01 with Law categories.
After neutrality and international enforcement, the next most valued feature of international commercial arbitration is confidentiality. For reasons easy to imagine, businessmen do not want their trade secrets, business plans, strategies, contracts, financial results or any other types of business information to be publicly accessible, as would commonly happen in court proceedings. Yet the case law of arbitration shows that in practical terms confidentiality is not to be taken for granted - in fact, it has become one of the most undetermined matters in international arbitration. Although 'the emperor of arbitration may have clothes, ' as one scholar has quipped, his raiments of secrecy can be 'torn with surprising ease'. This book deciphers the current degree of confidentiality in international commercial arbitration as reflected by the most important arbitration rules, national laws, other arbitration-related enactments, and practices of arbitral tribunals and domestic courts globally. Drawing on this data and analysis, the author then sets forth criteria to assess the breach of confidentiality in international arbitration and the proper rules for protecting or sanctioning such breaches. What do we understand by confidentiality in arbitration? What are its limitations? Who is bound to observe it? How can we quantify its breach? In addressing these questions, the book engages such issues as the following: reasons for disclosure - e.g., for the establishment of a defence, for the enforcement of rights, in the public interest or in the interests of justice disclosure by consent, express or implied; circumstances triggering statutory obligation of disclosure; recent trends towards greater transparency in investor-State arbitration; court measures in support of arbitral confidentiality such as award of damages for breach of confidentiality; and categories of persons bound by confidentiality, including third parties such as witnesses and experts. Structured along the main stages of the arbitral process, the analysis covers the duty of confidentiality from the initiation of arbitral proceedings through their unfolding to the issuance of the award and after. The scope of confidentiality is reviewed in the practice of arbitral tribunals and domestic courts, and from the perspective of international arbitration institutions, with detailed attention to various arbitration rules and numerous significant cases. In its elucidation of the amount of confidentiality that 'veils' each phase of the arbitral process, and its ground-breaking identification of 'patterns of disclosure', this book is sure to raise awareness about the various facets and problems posed by confidentiality in arbitration. Although its scholarly contribution to the law of international commercial arbitration cannot be gainsaid, corporate counsel worldwide will quickly prize its more practical value.