International Arbitration And Mediation From The Professional S Perspective
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International Arbitration And Mediation From The Professional S Perspective
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Author : Anita Alibekova
language : en
Publisher: Lulu.com
Release Date : 2007-06
International Arbitration And Mediation From The Professional S Perspective written by Anita Alibekova and has been published by Lulu.com this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-06 with Law categories.
An examination of the techniques or arbitration and mediation.
The Roles Of Psychology In International Arbitration
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Author : Tony Cole
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2017-03-15
The Roles Of Psychology In International Arbitration written by Tony Cole 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 2017-03-15 with Law categories.
The system of international arbitration is built on private contractual relations, yet has been endorsed by governments around the world as a fair and reliable alternative to litigation in State courts. As a private process, however, its authority and legitimacy derive entirely from the views and actions of those involved in the arbitral process, whether arbitrators, counsel, or parties. It is, though increasingly clear that psychological factors complicate, and in some cases radically change, every arbitral proceeding. In this context, psychological insights are crucial for understanding how international arbitration genuinely operates, and whether the legal framework currently applied to it is well-suited to achieving the aims of ensuring a fair and reliable dispute resolution procedure. This is the first book to focus on this important issue: the insights into international arbitration that can be gained from contemporary psychology. With contributions from nineteen internationally known figures in their fields – arbitrators, mediators, lawyers, law professors, psychology professors, psychologists – and drawing from a longer term project on the role of psychology in arbitration, this ground-breaking volume addresses a range of topics, including the following: - the decision-making processes of arbitrators; - the ability of arbitration to serve as a genuine dispute resolution mechanism; - the impact of particular procedures on the arbitral process; - bias, self-deception and vested interests in judgment and decision-making; - the role of arbitrators in managing the arbitral process; - cultural differences in the evaluation of arguments; - psychological influences on witness testimony; - the impact of tribunal composition on arbitral decision-making; - the influence of arbitration’s professional context on arbitrators and legal counsel; and - methods for arbitrators and legal counsel to more effectively manage the arbitral process. Informed by the behavioural insights in these essays, counsel and arbitrators will be enabled to think critically about the underlying assumptions and the potential behavioural effects of a prospective arbitration, while individuals researching arbitration will gain a greater understanding of the psychological context in which every arbitration occurs. This book meets the increasingly recognized need for understanding the role of psychology in arbitral proceedings, and forms an indispensable foundation for subsequent work in this area. Its innovative and forward-thinking analysis will be of immeasurable value to the international arbitration community, as well as to institutions supporting arbitration and to academics in the field.
Finances In International Arbitration
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Author : Sherlin Tung
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2019-11-26
Finances In International Arbitration written by Sherlin Tung 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 2019-11-26 with Law categories.
Finances in International Arbitration Liber Amicorum Patricia Shaughnessy Edited by Sherlin Tung, Fabricio Fortese & Crina Baltag Costs of arbitration has always been a main concern in international arbitration. It is a topic most often discussed and analyzed. In spite of the recent developments in thirdparty funding regulations as well as other mechanisms made available to users of arbitration to reduce costs, the topic remains a key focus for users of arbitration. As the founder of the world’s leading international commercial arbitration Master’s programme, Dr Patricia Shaughnessy is a huge advocate of communicating recent and important developments in international arbitration and has written and spoken extensively on such matters. Over twenty-five renowned practitioners and academics worldwide, who have been influenced by Dr Shaughnessy, explore this much-debated topic on the occasion of her 65th birthday. The contributions in this dedication to Dr Shaughnessy’s legacy look at issues such as the following: costs arising out of Third-Party Funding; costs of court proceedings versus arbitration proceedings; fee arrangements with legal counsel; costs of commercial versus investment arbitration; how to deal with in-house costs in international arbitration; impact of tribunal secretaries in international arbitration; cost sanctions in international arbitration; damages in international arbitration. The analysis and views offered by leading scholars and practitioners on current day issues arising out of costs of arbitration will offer readers a unique perspective on various aspects of the finances involved in arbitration. This book will provide insightful thoughts and practical guidance for academics and practitioners in the field of international arbitration.
Arbitration In Cis Countries
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Author : Association for International Arbitration
language : en
Publisher: Maklu
Release Date : 2012
Arbitration In Cis Countries written by Association for International Arbitration and has been published by Maklu this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Law categories.
The Commonwealth of Independent States (CIS) is a loose association of States whose participating countries are former Soviet republics. Although the CIS has few supranational powers, it is aimed at being more than a purely symbolic organization, nominally possessing coordinating powers in the realm of trade, finance, lawmaking, and security. Some of the members of the CIS have established the Eurasian Economic Community with the aim of creating a full-fledged common market. This book analyzes and discusses the current trend of arbitral practice in CIS countries and deals in detail with various facets which promote and inhibit arbitration. The text has been authored by highly proficient arbitration professionals who address the intricacies associated with arbitration practice in CIS countries. It considers the general policy of CIS countries towards arbitration by providing recommendations to non-CIS parties choosing arbitration in CIS countries and paying special attention to the general policy towards arbitration in Russia, Ukraine, and Kazakhstan. Further, the book focuses on specific issues in arbitration in CIS countries, namely arbitrability of corporate and real estate disputes, bribery, and arbitration in Russia; interim measures at the stage of recognition and enforcement of international arbitral awards in Ukraine; and recognition and enforcement of arbitral awards annulled in the forum state (with reference to Russia). Finally, it elaborates on sector-specific arbitration, namely investment disputes at the SCC involving parties from CIS countries, arbitration in the energy sector involving parties from CIS countries, and CIS experience in the WTO dispute settlement. It will be regarded as a unique guide to arbitration in CIS countries and is a real must for everyone working with CIS countries.
Domestic Arbitration
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Author : South African Law Commission
language : en
Publisher: South African Law Commission
Release Date : 1999
Domestic Arbitration written by South African Law Commission and has been published by South African Law Commission this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Law categories.
Opening Of Indian Legal Market Report Presented By Inba
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Author : Manoj Hamburabi
language : en
Publisher: Indian National Bar Association
Release Date : 2016-09-05
Opening Of Indian Legal Market Report Presented By Inba written by Manoj Hamburabi and has been published by Indian National Bar Association this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-09-05 with Law categories.
Opening of Indian Legal Market Report presented by Indian National Bar Asscociation prepared by Manoj Hambirabi, S Ramaswamy and Kaviraj Singh. It is a very detailed report present to Ministry of Law, India including the various model prevalent globally and INBA suggestions for India.
Contemporary Issues In International Arbitration And Mediation The Fordham Papers 2014
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Author : Arthur W. Rovine
language : en
Publisher: BRILL
Release Date : 2015-10-14
Contemporary Issues In International Arbitration And Mediation The Fordham Papers 2014 written by Arthur W. Rovine and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-10-14 with Law categories.
The 2014 volume of Contemporary Issues in International Arbitration and Mediation: The Fordham Papers is a collection of important works in the field written by the speakers at the 2014 Fordham Law School Conference on International Arbitration and Mediation. The papers are organized into the following parts: Keynote Presentation by Catherine Kessedjian PART 1: Investor-State and Commercial Arbitration by Peter Michaelson, Stanimir A. Alexandrov, James Mendenhall, Laurence Shore, Liang-Ying Tan, Rocío Digón, and Marek Krasula PART 2: Ethics by Bruce A. Green, Margaret Moses, Doak Bishop, Isabel Fernández de la Cuesta, Catherine A. Rogers, and Idil Tumer PART 3: Mediation by Lorraine M. Brennan, Anna Joubin-Bret, Josefa Sicard-Mirabal, Rachael Clarke, James M. Rhodes, and Carrie Menkel-Meadow PART 4: International Trade Arbitration by Kaj Hobér, Luiz Olavo Baptista, Giorgio Sacerdoti, and Gonzalo Biggs PART 5: Investor-State and Commercial Arbitration (2) by John J. Barcelo III, Roland Ziadé, Lorenzo Melchionda, and Dr. Wolfgang Kühn PART 6: International Tax Arbitration by Alexis Foucard, Léa Grandfond, Michael Lennard, and Natalia Quinones Cruz
Hong Kong Professional Services And The Belt And Road Initiative
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Author : Linda Chelan Li
language : en
Publisher: Taylor & Francis
Release Date : 2023-03-03
Hong Kong Professional Services And The Belt And Road Initiative written by Linda Chelan Li and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-03-03 with Political Science categories.
This book scrutinizes the role of Hong Kong in the expansive, and contested, vision of China’s Belt and Road Initiative (BRI). In two main parts, it first discusses the defining features of the BRI and the evolving expectations of the role of Hong Kong in the BRI from the perspectives of policy makers and the professional sectors of accountancy-finance and the law. The second part contemplates the potential opportunities for Hong Kong from the perspectives of recipient countries-Sri Lanka, Vietnam, Cambodia and Myanmar. Utilizing an action research approach and engaging the views of a broad spectrum of actors, the authors observe the critical role of agency and innovations in a context of institutional contradictions, the impact of BRI governance structure for the deficits in international participation, gaps between grand state visions and commercial interests, and the salience of effective communication in navigating complex policy initiatives. Taking these together unpacks the complex processes shaping Hong Kong’s participation and role in the BRI. This book will appeal to students and researchers interested in the BRI and Hong Kong, in the contexts of institutional contradictions, agency innovations, and political dynamics, as well as sustainable development.
The International Arbitration Rulebook
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Author : Arif Hyder Ali
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2019-10-24
The International Arbitration Rulebook written by Arif Hyder Ali 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 2019-10-24 with Law categories.
The numerous arbitral regimes around the world differ in subtle yet complex ways. These variations can have a profound effect on the procedural rights and obligations of the parties. Broadly speaking, the choice of regime will impact the way in which an arbitration is conducted; its duration and expense; the outcome of the dispute; and the ultimate enforceability of the award. To inform the parties’ choice, this book is the first to deal specifically and in depth with a broad range of institutional and ad hoc arbitration rules on a comparative basis. It provides a practical guide to the rules in one book—a one-stop shop—from a distinctly “rule” and “guide” point of view. This book has its genesis in the authors’ experience as practitioners and educators in international commercial and investor-state arbitration—and as advisers to, and trainers for, arbitral institutions, arbitrators, judges and government officials around the world. This comprehensive, descriptive and analytical “road map” covers the broad range of issues addressed in nine representative major sets of arbitration rules. The authors detail the distinct ways in which rules governing such important issues as the following may differ among the various arbitral regimes: the governance structure and role of the administering institutions in the arbitration, including case management and administrative support; the critical and recommended issues to be established in the agreement to arbitrate, such as the place of arbitration and the governing law among others; the requirements and best practices for starting the arbitration on the right foot; the procedures for selecting, appointing and challenging arbitrators; the impact of the initial procedural conference on the proceedings; the rules on presenting the case in chief: written submissions, documentary evidence, witness and expert testimony and more; the costs and fees of leading institutions; the procedures and standards for award scrutiny and enforceability; and a range of special and innovative procedures such as expedited proceedings, interim relief and consolidation of proceedings. The comparative analysis is organized around the chronological phases of an international arbitration and supported by rule comparison tables and clear explanations of each step of the process. With this eminently practical book, contract negotiators, counsel and arbitrators can confidently navigate any international arbitration. Thorough coverage of the applicable rules and guidelines enables parties and/or the tribunal to design bespoke arbitration procedures based upon the various rules of leading regimes. Arbitral institutions can survey the different approaches and identify emerging best practices in the design and drafting of arbitral regimes. All in all, this volume is a useful guide and comprehensive framework of rules for both arbitration practitioners and users of arbitration services, as well as for students and teachers of international arbitration.
College Of Commercial Arbitrators Guide To Best Practices In Commercial Arbitration Third Edition
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Author : James M. Gaitis
language : en
Publisher: Juris Publishing, Inc.
Release Date : 2014-01-01
College Of Commercial Arbitrators Guide To Best Practices In Commercial Arbitration Third Edition written by James M. Gaitis 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 Arbitration agreements, Commercial categories.
This third edition of The College of Commercial Arbitrators Guide to Best Practices in Commercial Arbitration has been substantially expanded not only to ensure that it is up to date but, also, to incorporate several new chapters on diverse subjects, including intratribunal relations, arbitrators’ fees, eDiscovery, and hybrid arbitration processes. Summary of New Material •Twice as long as the second edition •Substantial revision and expansion of existing chapters •Four new chapters (Arbitrators Fees & Expenses, eDiscovery, Intratribunal Relations, Hybrid Arbitration Proceedings) •Updated to take into account evolving case law and to address newly emerging issues relating to the management of commercial arbitrations •Comparative tables regarding certain aspects of in major international rules and international arbitration institution policies •Revised to take into account: ♦The new 2013 CPR Administered Arbitration Rules ♦The 2013 revisions to the AAA Commercial Rules ♦Various protocols and guidelines relating to domestic commercial arbitration ♦The 2011 revisions to the JAMS International Rules ♦The 2012 revisions to the ICDR Articles ♦The 2010 revisions to the UNCITRAL Rules ♦The 2013 IBA Guidelines on Party Representation in International Arbitration ♦The 2010 revisions to the IBA Rules on the Taking of Evidence in International Arbitration ♦Various protocols and guidelines relating to domestic commercial arbitration The aim of the Guide is to identify best practices that arbitrators can employ to provide users of arbitration with the highest possible standards of economy and fairness in the disposition of business disputes. This third edition of the Guide refines the guidance contained in the first and second editions to take into account developing case law, revised institutional rules, advancements in arbitration techniques and thinking, and also addresses newly evolving issues such as electronic discovery. There are significant differences in the ways in which arbitrations are conducted in different substantive fields of commerce and among different arbitrators in the same field. Techniques that are appropriate and useful in one case may be quite unsuited to another. For this reason, it is not possible to prescribe a single set of best practices that commercial arbitrators should invariably follow in every case. Rather, this Guide attempts to identify the principal issues that typically arise in each successive stage of an arbitration and to explain the pros and cons of various preferred ways of handling each issue. From this perspective, the best practice for an arbitrator is to carefully consider the merits of alternative techniques available for dealing with a particular issue and to then select the technique best suited to the situation. In addition, the Guide attempts to identify the full array of practices available for use in complex arbitrations, which can be adapted and streamlined for simpler cases. Formed in 2001, the College of Commercial Arbitrators is a non-profit organization composed of prominent, experienced commercial arbitrators who believe that a national association of commercial arbitrators can provide a meaningful contribution to the profession, to the public, and to the businesses and lawyers who depend on arbitration as a primary means of dispute resolution. Its mission includes promoting professionalism and high ethical practice in commercial arbitration, adopting and maintaining standards of conduct, providing peer training and professional development, and developing and publishing "best practices" materials. This work is the College's principal vehicle for fulfilling several aspects of its mission. Many seasoned and knowledgeable practitioners generously contributed their time and insights to the creation of this Guide.