International Arbitration In Australia
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International Arbitration In Australia
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Author : Luke Nottage
language : en
Publisher:
Release Date : 2010
International Arbitration In Australia written by Luke Nottage and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
This is the first book to present a comprehensive picture of international commercial arbitration (ICA) and investor-state arbitration (ISA) from an Australian perspective. Australian experts in international arbitration have played important roles in transforming ICA world-wide since the 1950s into the preferred means of resolving commercial disputes, and some are now helping to lead the way in the burgeoning new field of ISA.The Australian government has re-emphasised the significance of a vibrant ICA culture by enacting major amendments in July 2010 to the International Arbitration Act (Cth), adopting most of the 2006 revisions to the UNCITRAL Model Law on International Commercial Arbitration as well many other novel provisions. This federal legislation also provides the core for new uniform Commercial Arbitration Acts nation-wide, which apply to domestic arbitrations unless parties agree to conduct them under the International Arbitration Act. Australia's newly harmonised regime aims to align itself more closely with other major arbitral venues, including several now in Asia, and to generate more ICA activity by promoting cost-effective and timely dispute resolution involving considerable deference to party autonomy. The government is also actively concluding bilateral and regional treaties including ISA provisions to protect private investors against excessive host state interference.This volume brings together leading Australian practitioners and professors to cover all these developments in historical, comparative and practical perspectives. It introduces the legislative history and key features of the 2010 amendments, including perspectives on issues left unresolved by the amendments, as well as the wider statutory and treaty framework. Other chapters analyse the major sets of Arbitration Rules governing arbitrations involving Australian interests, especially those from ACICA (including its Expedited Rules), UNCITRAL (including its new 2010 Rules) and the ICC.
International Commercial And Investor State Arbitration
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Author : Luke Nottage
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-02-26
International Commercial And Investor State Arbitration written by Luke Nottage 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 2021-02-26 with Law categories.
This thought-provoking book combines analysis of international commercial and investment treaty arbitration in order to examine how they have been framed by the twin tensions of ‘in/formalisation’ and ‘glocalisation’. Taking a comparative approach, the book focuses on Australia and Japan in their attempts to become regional hubs for international arbitration and dispute resolution services in the increasingly influential Asia-Pacific context as well as a global context.
Arbitration And Dispute Resolution In The Resources Sector
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Author : Gabriël A. Moens
language : en
Publisher: Springer
Release Date : 2015-05-18
Arbitration And Dispute Resolution In The Resources Sector written by Gabriël A. Moens and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-05-18 with Law categories.
This book provides a comprehensive Australian perspective on the resolution of resources disputes. In particular, it focuses on the use of arbitration, mediation and adjudication in the resources sector. It concentrates on arbitration as the preferred method of dispute resolution, including international commercial and investor-state arbitration. The book offers fascinating insights into the use of arbitration to investment disputes involving resources companies in the African OHADA countries, Australia and other countries. It offers an Australian perspective which will be useful to discerning arbitration scholars and dispute resolvers. In addition, the book provides useful information on how to draft arbitration clauses for resources sector contracts. This publication will be of interest to members of the academic research community and will also appeal to dispute resolution professionals and practitioners.
Arbitration Law Of Australia Practice And Procedure
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Author : Alex Baykitch
language : en
Publisher: Juris Publishing, Inc.
Release Date : 2013-01-01
Arbitration Law Of Australia Practice And Procedure written by Alex Baykitch 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 2013-01-01 with Law categories.
A comprehensive review of the arbitration law and practice in Australia including: discussion of arbitration practice and procedure; an examination of the jurisdiction of the arbitral tribunal; the appointment of arbitrators including the challenge and replacement of arbitrators; an analysis of the various types of awards including a discussion on deliberations, agreements, settlements, and the costs of arbitration; a discussion on the amendment and challenge of awards including the liability of arbitrators; and, a review of the enforcement of domestic and foreign arbitration awards. Included also is a detailed commentary on the Australian Centre for International Arbitration (ACICA), as well as the Rules of the ACICA, Expedited rules of the ACICA and, the International Arbitration Act.
A Guide To The Uncitral Arbitration Rules
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Author : Clyde Croft
language : en
Publisher: Cambridge University Press
Release Date : 2013-04-25
A Guide To The Uncitral Arbitration Rules written by Clyde Croft 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 2013-04-25 with Law categories.
The first version of the UNCITRAL Arbitration Rules was endorsed by the General Assembly of the United Nations in December 1976. Now considered one of UNCITRAL's greatest successes, the rules have had an extraordinary impact on international arbitration as both instruments in their own right and as guides for others. The Iran-US Claims Tribunal, for example, employs a barely modified version of the rules for all claims, and many multilateral and bilateral foreign investment treaties adopt the UNCITRAL Rules as an arbitral procedure. The Rules are so pervasive and the consequences of the new version potentially so significant that they cannot be ignored. This commentary on the Rules brings the official documents together in one volume and includes the insights and experiences of the Working Group that are not included in the official reports.
The Interpretation And Uniformity Of The Uncitral Model Law On International Commercial Arbitration
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Author : Dean Lewis
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2016-03-22
The Interpretation And Uniformity Of The Uncitral Model Law On International Commercial Arbitration written by Dean Lewis 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 2016-03-22 with Law categories.
Numerous jurisdictions worldwide have augmented their ratification of the New York Convention of 1958 with the UNCITRAL Model Law 1985 (UML), which takes a giant step forward toward global uniformity in legal application and understanding of the arbitration process. This book develops a standard or benchmark for the UML objective of uniformity, using the relevant legislation and case law of Hong Kong, Singapore, and Australia to consider whether a uniform approach to implementation of the UML and its interpretation is being achieved across those jurisdictions. The author’s methodological tools are eminently adaptable to other jurisdictions. Given the importance of the ability to set aside an arbitral award, the body of case law on setting aside and the directly related area of enforcement, the emphasis throughout is on Article 34. In addition, the study considers: - the meaning of uniformity in law and in the context of the UML; - the correct approach to interpretation of the UML pre and post Article 2A; - the interpretational relationship between the UML and the Convention on Contracts for the International Sale of Goods (CISG); - the relationship between the UML and the New York Convention; - the degree of textual uniformity of Article 34 with the three jurisdictions focused on; and - the degree of applied uniformity of Article 34 both in terms of juristic methodology and similarity of results. The author, with more than thirty years of practice in the field of commercial arbitration in Hong Kong, has had access to voluminous cases spanning decades and brings his specialist expertise to the subject. This book considers whether the UML has succeeded in its aim of achieving uniformity. It serves as a guide, both academic and practical, to exploring and adopting the correct approach to the interpretation of the UML as well as to the method of classification of court decisions under the UML. This study is of immeasurable academic and practical value.
Arbitration In Asia 2nd Edition
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Author : Michael J. Moser
language : en
Publisher: Juris Publishing, Inc.
Release Date : 2008-09-01
Arbitration In Asia 2nd Edition written by Michael J. Moser 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 2008-09-01 with Law categories.
Asia has witnessed an extraordinary growth in the use of international arbitration in the past two decades. Arbitration in Asia is an ideal reference to guide practitioners and business people in the proper selection of a suitable arbitral seat or jurisdiction in Asia. The book includes substantive chapters reflecting detailed commentary and analysis on 18 Asian jurisdictions from the area's leading arbitration practitioners and experts. The materials in this looseleaf volume provide a practical reference guide and resource tool for the law and practice of international commercial arbitration in Asia.
The International Arbitration Act 1974
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Author : Malcolm Holmes (Barrister)
language : en
Publisher:
Release Date : 2015-09-16
The International Arbitration Act 1974 written by Malcolm Holmes (Barrister) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-09-16 with International commercial arbitration categories.
Authoritative and updated, the second edition of The International Arbitration Act 1974: A Commentary is a detailed, analytical text providing guidance on the interpretation of key international arbitration legislation. Significantly, it also includes a detailed commentary on the UNCITRAL Model Law on International Commercial Arbitration and the Convention on the Settlement of Investment Disputes between States and Nationals of Other States. This text is the result of a fruitful collaboration between the co-authors, both of whom are practitioners andexperts in this area of law. The commentary follows the structure of the International Arbitration Act 1974 (Cth), making this an easy reference tool for practitioners and researchers. An extensive provisionby-provision commentary on the Act is provided, with extensive references to both relevant Australian case law and important judicial consideration from foreign jurisdictions. The legislative history of each provision is clearly set out, enabling readers to develop an in-depth understanding of the law. This text incorporates the changes to the Act made by the 2010 amendments, the Statute Law Revision Act 2011 (Cth) and the Civil Law and Justice Legislation Amendment Act 2015 (Cth). The International Arbitration Act 1974: A Commentary is an essential inclusion in the library of anyone teaching, practising or working in international arbitration in Australia.
Australian Commerical Arbitration
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Author : John J. Hockley
language : en
Publisher:
Release Date : 2015-11-12
Australian Commerical Arbitration written by John J. Hockley and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-11-12 with Arbitration agreements, Commercial categories.
With uniform Commercial Arbitration legislation in force in most States and Territories, Australia is developing a national legal foundation for commercial arbitration. Based on international best practice, the harmonised legislation encourages the use of commercial arbitration in domestic disputes by providing reliable, efficient, and final method of dispute resolution. Australian Commercial Arbitration responds to the rise in domestic arbitration by providing detailed annotations explaining the meaning and operation of the harmonised legislation. Features oÂeo Eminent author team oÂeo Detailed and authoritative annotations oÂeo Easy to use comparative table of legislation Related Titles Australian Commerical Arbitration, looseleaf online The International Arbitration Act 1974: A Commentary 2ed 2015
Australian Commercial Arbitration
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Author : John J. Hockley
language : en
Publisher:
Release Date : 2015
Australian Commercial Arbitration written by John J. Hockley and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Arbitration agreements, Commercial categories.