International Commercial Arbitration And The Courts
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International Commercial Arbitration And The Courts
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Author : Hans Smit
language : en
Publisher: Juris Pub Incorporated
Release Date : 2002
International Commercial Arbitration And The Courts written by Hans Smit and has been published by Juris Pub Incorporated this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Arbitration and award, International categories.
1 Looseleaf Volume. Tables. Appendices. This is an enlarged and updated edition of International Commercial Arbitration and the Courts. The enclosed Revised Third Edition replaces in full the contents of the Revised Second Edition.This new edition provides the reader with authentic information regarding several scores of procedural issues that arise during the involvement of national courts in the international arbitration process.Included in this edition is information about new national arbitration laws and two hundred or so newly decided cases dealing with particular aspects of the arbitration process. In the bibliographies that accompany each subject area, the user will find a wealth of new writings that provide theoretical underpinning of new developments as well as practical guidance in often complex procedural situations.About The Book: International Commercial Arbitration and the Courts is an eminently practical guide which covers the area where the activities of the courts and the arbitral tribunals intersect. This unique work provides parties to an arbitration, arbitrators and counsel a wealth of bibliographical information on the interaction between arbitration and the courts, as reflected in international agreements, domestic legislation, decisions of national and international courts, and legal literature. Using this time saving research tool, you can quickly find answers to questions about actions a court is likely to take. It assists in identifying treaty provisions, legislative enactment?s, and court decisions, and in providing guidance in finding appropriate legal rules and precedents. It is arranged in three parts. Part A deals with the jurisdiction and powers of courts and the principal forms of judicial control of, and assistance in, the arbitral process. Part B concentrates on the procedure of setting aside of arbitral awards, appeal and review, and remand. Part C of the book deals with enforcement of arbitral awards. It is concerned particularly with enforceability of arbitral awards, recognition and enforcement of foreign and international awards, applicable law and treaties, requirements and procedures for enforcement, grounds for refusal to enforce, stay of enforcement, and appeal of enforcement decisions. One of the outstanding features of International Commercial Arbitration and the Courts are precise references to national arbitration laws from over 100 countries and citation of arbitration-related judicial decisions rendered by the courts of such countries as Australia, Austria, Belgium, Bermuda, Brazil, Canada, Cayman Islands, China, Colombia, Finland, France, Germany, Ghana, Greece, Hong Kong, India, Indonesia, Italy, Japan, Jordan, Kenya, Korea, Kuwait, Lebanon, Luxembourg, Malaysia, Mexico, Morocco, Netherlands, Nigeria, Pakistan, Romania, the Russian Federation, Singapore, South Africa, Spain, Sweden, Switzerland, Turkey, United Kingdom, United States, and Zimbabwe.In the introductory part the user will find consolidated tables of international conventions and national legislation, a table of some two thousand court cases to which references are made throughout the book, and a list of abbreviations, mostly of law journals and periodicals, used in the bibliographies attached to each substantive section of the book. International Commercial Arbitration and the Courts is a work that anyone involved in either International Arbitration or International Litigation can not do without.
The Fundamentals Of International Commercial Arbitration
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Author : Niek Peters
language : en
Publisher: Maklu
Release Date : 2017-10-30
The Fundamentals Of International Commercial Arbitration written by Niek Peters and has been published by Maklu this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-30 with Arbitration and award categories.
Written from a comparative perspective, with an eye for international conventions and instruments, this book deals with the particulars of international commercial arbitration. In an easily accessible manner it amongst others considers: • the characteristics of international commercial arbitration • advantages and perceived disadvantages of international commercial arbitration • pros and cons of ad hoc and institutional arbitration • laws applicable in international commercial arbitration • essentials of the arbitration agreement and questions of arbitrability • the establishment and composition of the tribunal • the duty to disclose conflicts of interests and the challenge of arbitrators • the end of the arbitrators’ mandate and their replacement • the organisation of the arbitration • powers, duties and liability of arbitrators • the jurisdiction of arbitrators • the course of the arbitration proceedings, from the request for arbitration to the award, including questions of evidence and document production • the form and contents of awards • recognition, enforcement and annulment of awards Everything is presented practically and analytically, amongst others drawing on case law different and the experience of the author. Where indicated national arbitration acts as well as various predrafted arbitration rules are compared and differences are highlighted. For those who want to get acquainted with international commercial arbitration or seek guidance with regard to a specific question that may arise in the course of an international commercial arbitration this book provides a convenient work.
Confidentiality In International Commercial Arbitration
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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.
Deference In International Commercial Arbitration
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Author : Franco Ferrari
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2023-05-12
Deference In International Commercial Arbitration written by Franco Ferrari 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 2023-05-12 with Law categories.
In international arbitration, deference entails that one decision-maker does not make an autonomous assessment but limits its decision-making power out of respect for the decision or authority of another actor. For example, a court exercising post-award review might refrain from reviewing a question of procedure de novo but instead defer to a prior determination made by the arbitral tribunal. In this book, prominent arbitration practitioners and academics offer the first systematic analysis of such deference in international arbitration. With abundant reference to case law from major arbitration hubs, the analysis is organized around the three relationships in which questions of deference arise: public-private relationships in which a State actor (e.g., a court) must decide whether it should pay deference to determinations made by a private actor (e.g., a tribunal or an arbitral institution); public-public relationships in which a State actor (e.g., a court at the place of recognition and enforcement) must decide whether it should pay deference to another State actor (e.g., a court at the seat); and private-private relationships in which a private actor (e.g., an arbitral tribunal) must decide whether it should pay deference to another private actor (e.g., another arbitral tribunal or an arbitral institution). The book makes an important contribution to tracing the boundaries of the multiple layers of control over arbitration proceedings. It takes a giant step towards establishing the right equilibrium between the different layers of authority and thus meeting a pivotal challenge for the viability of arbitration as a form of dispute resolution.
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.
International Commercial Disputes
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Author : Jonathan Hill
language : en
Publisher: Bloomsbury Publishing
Release Date : 2014-11-24
International Commercial Disputes written by Jonathan Hill and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-11-24 with Law categories.
This is the fourth edition of this highly regarded work on the law of international commercial litigation as practised in the English courts. As such it is primarily concerned with how commercial disputes which have connections with more than one country are dealt with by the English courts. Much of the law which provides the framework for the resolution of such disputes is derived from international instruments, including recent Conventions and Regulations which have significantly re-shaped the law in the European Union. The scope and impact of these European instruments is fully explained and assessed in this new edition. The work is organised in four parts. The first part considers the jurisdiction of the English courts and the recognition and enforcement in England of judgments granted by the courts of other countries. This part of the work, which involves analysis of both the Brussels I Regulation and the so-called traditional rules, includes chapters dealing with jurisdiction in personam and in rem, anti-suit injunctions and provisional measures. The work's second part focuses on the rules which determine whether English law or the law of another country is applicable to a given situation. The part includes a discussion of choice of law in contract and tort, with particular attention being devoted to the recent Rome I and Rome II Regulations. The third part of the work includes three new chapters on international aspects of insolvency (in particular, under the EC Insolvency Regulation) and the final part focuses on an analysis of legal aspects of international commercial arbitration. In particular, this part examines: the powers of the English courts to support or supervise an arbitration; the effect of an arbitration agreement on the jurisdiction of the English courts; the law which governs an arbitration agreement and the parties' dispute; and the recognition and enforcement of foreign arbitration awards. This title is included in Bloomsbury Professional's International Arbitration online service.
International Commercial And Marine Arbitration
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Author : Georgios I. Zekos
language : en
Publisher: Routledge
Release Date : 2008-05-28
International Commercial And Marine Arbitration written by Georgios I. Zekos and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-05-28 with Business & Economics categories.
International Commercial and Marine Arbitration analyses and compares commercial-martime arbitration in a number of different legal systems including the US, the UK, Greece and Belgium. The book examines the role of the courts in arbitration in each of these countries, making reference to the latest case law, and also makes extensive refe
International Commercial Arbitration In New York
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Author : James H. Carter
language : en
Publisher: Oxford University Press
Release Date : 2013
International Commercial Arbitration In New York written by James H. Carter and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Law categories.
International Commercial Arbitration in New York focuses on the distinctive aspects of international arbitration in New York. Serving as an essential strategic guide, this book allows practitioners to represent clients more effectively in cases where New York is implicated as either the place of arbitration or evidence or assets are located in New York. Each chapter elucidates a vital topic, including the existing New York legal landscape, drafting considerations for clauses designating New York as the place of arbitration, and material and advice on selecting arbitrators. The book also covers a series of topics at the intersection of arbitral process and the New York courts, including jurisdiction, enforcing arbitration agreements, and obtaining preliminary relief and discovery. Class action arbitration, challenging and enforcing arbitral awards, and biographical materials on New York-based international arbitrators is also included, making this a comprehensive, valuable resource for practitioners.
International Commercial Arbitration And The Courts
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Author : Hans Smit
language : en
Publisher:
Release Date : 2000
International Commercial Arbitration And The Courts written by Hans Smit and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with International commercial arbitration categories.
International Arbitration Law And Practice Third Edition
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Author : Mauro Rubino-Sammartano
language : en
Publisher: Juris Publishing, Inc.
Release Date : 2014-01-01
International Arbitration Law And Practice Third Edition written by Mauro Rubino-Sammartano 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 (International law) categories.
This third edition of International Arbitration Law and Practice has been largely enriched by covering international commercial arbitrations, investment treaty arbitrations, arbitrations between public bodies, between states and individuals, the UNCITRAL model law and Iran-US Tribunal proceedings as well as commodity arbitration, online arbitration and sports arbitral proceedings. International Arbitration Law and Practice, 3rd edition elaborates new concepts such as a definition of international arbitration based on procedural law (different from transnational law) and a doctrine (the tronc commun doctrine) to identify the applicable substantive law on disputes between parties belonging to different countries. It further suggests that a law of international arbitration has arisen from the various conventions and laws. Besides dealing with all the aspects of arbitration on a topic by topic basis, the writer presents a third generation arbitration which builds on analysis of major obstacles to a smooth running arbitration.International Arbitration Law and Practice, 3rd edition is a work that anyone involved in arbitral proceedings will find to be absolutely indispensable.