Institutional Arbitration
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Institutional Arbitration
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Author : Rolf A Schütze
language : en
Publisher: Bloomsbury Publishing
Release Date : 2013-04-05
Institutional Arbitration written by Rolf A Schütze and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-04-05 with Law categories.
International arbitration has become the preferred dispute resolution mechanism in cross-border disputes. In the course of time, ad hoc arbitration, where the parties have to create their own rules and procedures, has increasingly been replaced by institutional arbitration where a specialised institution with a permanent organisation provides assistance and a set of practice-proven rules. The services and rules provided by the various institutions of arbitration differ. In order to inform the potential parties and their counsels about the differences and to make the choice between the different arbitration regimes easier, and to offer guidance through the various provisions, this book provides a comprehensive article-by-article commentary of rules of arbitration of 14 important arbitration institutions: AAA (American Arbitration Association) CIEDAC (China International Economic and Trade Arbitration) DIAC (Dubai International Arbitration Centre) DIS (German Institution of Arbitration) ICC (International Court of Arbitration) ICSID (International Centre for Settlement of Investment Disputes) KLRCA (Kuala Lumpur Regional Centre for Arbitration) LCIA (The London Court of International Arbitration) MKAS (Moscow International Commercial Arbitration Court) SCC (Stockholm Chamber of Commerce Arbitration) SIAC (Singapore International Arbitration Centre) Swiss Rules UNCITRAL Rules Vienna Rules
International Commercial Arbitration
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Author : Giuditta Cordero-Moss
language : en
Publisher: Cambridge University Press
Release Date : 2013-03-14
International Commercial Arbitration written by Giuditta Cordero-Moss 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 2013-03-14 with Law categories.
Highlights specific features of various international commercial arbitration forms, thus enabling lawyers drafting arbitration clauses to make informed choices.
Institutional Arbitration
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Author : Rolf A. Schütze
language : en
Publisher:
Release Date : 2013
Institutional Arbitration written by Rolf A. Schütze and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Arbitration and award, International categories.
International arbitration has become the preferred dispute resolution mechanism in cross-border disputes. In the course of time, ad hoc arbitration, where the parties have to create their own rules and procedures, has increasingly been replaced by institutional arbitration, where a specialized institution with a permanent organization provides assistance and a set of practice-proven rules. The services and rules provided by the various institutions of arbitration differ. In order to inform the potential parties and their counsels about the differences, to make the choice between the different arbitration regimes easier, and to offer guidance through the various provisions, this book provides a comprehensive article-by-article commentary of rules of arbitration of 15 important arbitration institutions: AAA (American Arbitration Association) * CIEDAC (China International Economic and Trade Arbitration) * DIAC (Dubai International Arbitration Center) * DIS (German Institution of Arbitration) * ICC (International Court of Arbitration) * ICSID (International Centre for Settlement of Investment Disputes) * KLRCA (Kuala Lumpur Regional Center for Arbitration) * LCIA (The London Court of International Arbitration) * MKAS (Moscow International Commercial Arbitration Court) * SCC (Stockholm Chamber of Commerce Arbitration) * SIAC (Singapore International Arbitration Center) * Swiss Rules * UNCITRAL Rules * Vienna Rules
Conference On Rules For Institutional Arbitration And Mediation
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Author :
language : en
Publisher: WIPO
Release Date : 1995
Conference On Rules For Institutional Arbitration And Mediation written by and has been published by WIPO this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Arbitration and award categories.
The publication contains the texts of presentations made by the Conference held at WIPO in January 1995. The Conference examined approaches and solutions adopted in the Rules of various arbitration institutions and the issues and problems arising in arbitrage proceedings. It also considered the WIPO Expedited Arbitration Rules and the WIPO Mediation Rules.
The Liability Of Arbitral Institutions Legitimacy Challenges And Functional Responses
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Author : Barbara Alicja Warwas
language : en
Publisher: Springer
Release Date : 2016-09-24
The Liability Of Arbitral Institutions Legitimacy Challenges And Functional Responses written by Barbara Alicja Warwas and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-09-24 with Law categories.
This book offers an innovative approach to the topic of liability in international arbitration, a controversial topic that has heretofore not been fully explored in the scholarship. Arbitral institutions have recently emerged as powerful actors with new functions in and outside arbitration processes. The author proposes to shift the debate on liability from arbitrators to the arbitral institutions. The book re-evaluates the orthodox understanding of the status, functions, and responsibility of arbitral institutions and is recommended for arbitration scholars, practitioners, and students. It is argued that the current regulations regarding liability are inadequate given both the contractual obligations and the emerging public function of arbitral institutions and that institutional arbitral liability is therefore necessary. The book also links the contemporary functions of arbitral institutions to recent debates regarding legitimacy challenges in international commercial arbitration. Responding to these challenges, a model of institutional contractual liability is proposed that invites arbitral institutions to proactively regulate the scope of their liability.
The Functions Of Arbitral Institutions
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Author : Rémy Gerbay
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2016-04-20
The Functions Of Arbitral Institutions written by Rémy Gerbay 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 2016-04-20 with Law categories.
While thousands of cross-border disputes are successfully resolved each year through institutional arbitration, there appears to be little understanding of the functions exercised by arbitral institutions and their impact on the proceedings they administer. Much like the user of a computer may operate, with relative success, a machine which he does not fully comprehend, users of institutional arbitration have for many decades resolved their disputes successfully through institutional arbitration without fully understanding the precise nature of the functions of what is a key player in the process. This book rectifies this paradoxical gap. It offers a clear yet nuanced overview of the diverse and complex reality of institutional arbitration, while challenging the assumptions conventionally held as to the role of arbitral institutions. This book is the product of a systematic study of the activities performed by over forty leading international arbitration institutions worldwide in their administration of cases (including the ICC, LCIA, ICDR, SCC, SIAC, HKIAC, JAMS, CIETAC, KLRCA, DIS, DIA, NAI, CEPANI etc.). This book also examines a wealth of court decisions and bibliographical sources from the leading civil law and common law jurisdictions (e.g., France, England & Wales, the United Sates, Switzerland, Germany). This book is invaluable to academics and practitioners interested in furthering their theoretical and practical understanding of institutional arbitration and arbitral institutions.
Institutional Arbitration
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Author : Rolf A Schütze
language : en
Publisher: Beck/Hart
Release Date : 2020-05-28
Institutional Arbitration written by Rolf A Schütze and has been published by Beck/Hart this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-05-28 with Law categories.
“... provides deep and varied insight into subtle distinctions between the rules and the differences in the wording of the various articles ... It would be worthwhile to make room for it on your bookshelf whether you are an academic, practitioner or work in connection with institutional arbitration." Apostolos Anthimos, Armenopoulos This unique and seminal text offers a comprehensive article-by-article commentary to the rules of arbitration by the leading institutions. Institutions examined include: AAA; DIS; ICC; PCA; LCIA and ISCA. Edited by an experienced arbitrator, scholar and practitioner and with contributions from leading global arbitration specialists, this is an essential reference point for all those practising in the field.
Arbitral Institutions Under Scrutiny Asa Special Series No 40
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Author : Philipp Habegger
language : en
Publisher: Juris Publishing, Inc.
Release Date : 2013-03-01
Arbitral Institutions Under Scrutiny Asa Special Series No 40 written by Philipp Habegger 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 2013-03-01 with Law categories.
The internal organisation and practices of operation of arbitral institutions are often not transparent and are rarely addressed in public discussions among arbitration practitioners. To shed some light on aspects of the internal organisation and operation of these institutions, ASA asked the MIDS (Geneva LLM in International Dispute Settlement) to conduct a broad survey of arbitral institutions based on a detailed questionnaire. The results are summarized in Chapter 1 of this volume. The further Chapters of this volume contain the presentations of the speakers at the ASA conference of 9 September 2011. They discuss responsibilities of the institutions in administering arbitration cases under their sets of rules in the different phases of an arbitral proceeding, from the constitution of the arbitral tribunal to supervision and quality control to financial aspects, such as cost control and the potential liability of arbitrators. In sum, this volume of the ASA Special Series contains a lot of interesting information for all arbitration practitioners and users of institutional arbitration services.
Institutional Arbitration
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Author : Pascale Gola
language : en
Publisher:
Release Date : 2009
Institutional Arbitration written by Pascale Gola and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Arbitration and award, International categories.
When choosing institutional arbitration, it is important to be aware not only of the content and impact of the arbitration rules, but also of the tasks and powers of the institution. Arbitration institutions, and in particular the unknown faces behind such institutions, can have a remarkable impact on the arbitration proceedings, especially at their initial and final stage. This book explains and compares such impact of various international arbitration institutions.
Comparison Of Asian International Arbitration Rules
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Author : Simpson Thacher & Bartlett
language : en
Publisher: Juris Publishing, Inc.
Release Date : 2003-09-01
Comparison Of Asian International Arbitration Rules written by Simpson Thacher & Bartlett 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 2003-09-01 with Law categories.
This is a unique work for those who are involved in international arbitration. Utilizing a chart of parallel provisions it compares the leading sets of Asian international arbitration rules. It was first created by Simpson as an internal reference tool. The Comparison of Asian International Arbitration Rules will be of great value in three distinct areas of international arbitration practice. First, in assisting clients in selecting arbitration rules and drafting arbitration provisions for their international commercial contracts. For example, where a client seeks to include a provision governing a specific procedural issue in an arbitration clause, the chart provides easy reference to the different provisions used in the leading sets of international arbitration rules. Second, the chart will assist in developing arguments on procedural issues in connection with representation of clients in international arbitration proceedings. Finally, comparison will facilitate evaluation by scholars, practitioners and the institutions themselves of the desirability and effectiveness of particular provisions in light of comparable ones. Compiling this chart was a challenging process, primarily because the various sets of international arbitration rules deal with specific procedural issues very differently. Additionally, one of the most difficult tasks in compiling this chart was deciding which sets of Asian international arbitration rules to include in the chart in light of space and formatting limitations. Ultimately various factors were considered in deciding which sets of rules to include in the chart. The China International Economic and Trade Arbitration Commission ("CIETAC"), Hong Kong International Arbitration Centre ("HKIAC"), Japan Commercial Arbitration Association ("JCAA"), Korean Commercial Arbitration Board ("KCAB"), and Singapore International Arbitration Centre ("SIAC") rules were included as leading sets of institutional Asian international arbitration rules. Other Asian institutional arbitration rules are not included simply for reasons of manageability and space. The arbitration rules of the United Nations Commission on International Trade ("UNCITRAL") were included as the preeminent set of ad hoc international arbitration rules, which are frequently used by parties in Asia as well as by Asian arbitration organizations, such as the HKIAC, as the basis for their institutional arbitration rules. The structure of this chart follows the structure of the second edition of our chart on international arbitration rules, in part, to facilitate the use of the two charts together. Like the second edition of the chart on international arbitration rules, this chart contains an index of topics with page references to assist in locating subjects in the rules, and the full texts of the sets of arbitration rules are included in an appendix for ease of reference