International Commercial Disputes


International Commercial Disputes
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International Commercial Disputes


International Commercial Disputes
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Author : Rodney J. Gates
language : en
Publisher: APEC Committee on Trade and Investment. Dispute Meditation Experts Group
Release Date : 1997

International Commercial Disputes written by Rodney J. Gates and has been published by APEC Committee on Trade and Investment. Dispute Meditation Experts Group this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with History categories.




International Commercial Dispute Resolution


International Commercial Dispute Resolution
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Author : Jonathan Warne
language : en
Publisher: Bloomsbury Professional
Release Date : 2009

International Commercial Dispute Resolution written by Jonathan Warne and has been published by Bloomsbury Professional this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Arbitration and award, International categories.


The world of dispute resolution made clear International Commercial Dispute Resolution is a new title that reflects the way in which the litigation arena has changed over recent years. Cross-border business relationships and the present economic climate have markedly increased the potential for commercial disputes to arise between parties in different jurisdictions, and clients are increasingly looking for the most time and cost effective way of resolving disputes. Expert advice from leading practitioners in 24 jurisdictions With contributions from leading practitioners, this practical book looks at dispute resolution in 24 jurisdictions that represent the world s major international trade centres and developing legal systems. User-friendly and practical structure Each chapter is devoted to a different jurisdiction and follows the same structure. It provides a practical summary of the relevant legal systems and offers an insight into the manner in which each jurisdiction seeks to resolve commercial disputes, both through traditional court proceedings and alternative dispute resolution techniques Written by leading local practitioners, each chapter opens with a round-up of the key issues that you will need to consider when dealing with this country, and includes flowcharts summarising the procedural stages of litigation This book is an essential addition to the bookshelf of every international litigator 5 key reasons why you need this book * Covers 24 key jurisdictions throughout the world * Provides an authoritative overview from leading local practitioners * Includes flow charts summarising the procedural stages of litigation * Highlights the key issues that must be considered when dealing with each jurisdiction * Covers traditional court proceedings and alternative dispute resolution techniques 24 jurisdictions covered- Australia; Bermuda; Brazil; Canada; Cayman Islands; China; Czech Republic; England & Wales; France; Germany; Guernsey; Hong Kong; India; Japan; Je



The Public Order Exception In International Trade Investment Human Rights And Commercial Disputes


The Public Order Exception In International Trade Investment Human Rights And Commercial Disputes
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Author : Zena Prodromou
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2020-08-12

The Public Order Exception In International Trade Investment Human Rights And Commercial Disputes written by Zena Prodromou 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 2020-08-12 with Law categories.


In the process of resolving disputes, it is not uncommon for parties to justify actions otherwise in breach of their obligations by invoking the need to protect some aspect of the elusive concept of public order. Until this thoroughly researched book, the criteria and factors against which international dispute bodies assess such claims have remained unclear. Now, by providing an in-depth comparative analysis of relevant jurisprudence under four distinct international dispute resolution systems – trade, investment, human rights and international commercial arbitration – the author of this invaluable book identifies common core benchmarks for the application of the public order exception. To achieve the broadest possible scope for her analysis, the author examines the public order exception’s function, role and application within the following international dispute resolution systems: relevant World Trade Organization (WTO) agreements as enforced by the organization’s Dispute Settlement Body and Appellate Body; international investment agreements as enforced by competent Arbitral Tribunals and Annulment Committees under the International Center for Settlement of Investment Disputes; provisions under the Inter-American Convention of Human Rights and the European Convention of Human Rights as enforced by the Inter-American Court of Human Rights and the European Court of Human Rights, respectively; and the New York Convention as enforced by national tribunals across the world. Controversies, tensions and pitfalls inherent in invoking the public order exception are elucidated, along with clear guidelines on how arguments may be crafted in order to enhance prospects of success. Throughout, tables and graphs systematize key aspects of the relevant jurisprudence under each of the dispute resolution systems analysed. As an immediate practical resource for lawyers on any side of a dispute who wish to invoke or strengthen a public order exception claim, the book’s systematic analysis will be welcomed by lawyers active in WTO disputes, international investment arbitration, human rights law or enforcement of foreign arbitral awards. Academics and policymakers will find a signal contribution to the ongoing debate on the existence, legal basis, content and functions of the transnational public order.



Mediation In International Commercial And Investment Disputes


Mediation In International Commercial And Investment Disputes
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Author : Catharine Titi
language : en
Publisher: Oxford University Press, USA
Release Date : 2019

Mediation In International Commercial And Investment Disputes written by Catharine Titi and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Law categories.


Until now, the resolution of international commercial and investment disputes has been dominated almost exclusively by international arbitration. But that is changing. Whilst they may be complementary mechanisms, international mediation and conciliation are now coming to the fore. Mediation rules that were in disuse gather momentum, and dispute settlement centres are introducing new mediation rules. The European Union is encouraging international mediation in both the commercial and investment spheres. The 2019 Singapore Mediation Convention of the United Nations Commission on International Trade Law (UNCITRAL) is aiming to ensure enforcement of international commercial settlement agreements resulting from mediation. The first investor-State disputes are mediated under the International Bar Association (IBA) rules. The International Centre for Settlement of Investment Disputes (ICSID)'s conciliation mechanism is resorted to more often than in the past. The International Chamber of Commerce (ICC) has recently administered its first mediation case based on a bilateral investment treaty, and a new training market on mediation is flourishing. Mediation in Commercial and Investment Disputes brings together a line-up of outstanding, highly-qualified experts from academia, mediation and arbitration institutions, and international legal practice, to address this highly topical, complex subject from a variety of angles.



Arbitration And Alternative Dispute Resolution


Arbitration And Alternative Dispute Resolution
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Author : International Trade Centre
language : en
Publisher: United Nations
Release Date : 2001-08-24

Arbitration And Alternative Dispute Resolution written by International Trade Centre and has been published by United Nations this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-08-24 with Political Science categories.


This handbook focuses on available methods for preventing and resolving commercial disputes in international commerce. It examines the different types of disputes encountered in international trade and outlines the fundamental principles applicable to international commercial arbitration. Text of the major international arbitration convention and rules, as well as a list of arbitration institutions worldwide are also included.



International Commercial Disputes


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.



The Law Relating To International Commercial Disputes


The Law Relating To International Commercial Disputes
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Author : Jonathan Hill
language : en
Publisher: Informa Pub
Release Date : 1998

The Law Relating To International Commercial Disputes written by Jonathan Hill and has been published by Informa Pub this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Law categories.


Devoted to commercial disputes, this text describes the framework for the resolution of disputes and helps the reader ask three basic questions: can the dispute be resolved in England?; what law is applicable?; and will a foreign judgment be recognized? - as well as other related problems. It covers aspects of the law that are relevant for commercial situations - such as arbitration law, provisional measures, and international legal personality, and includes those areas of private international law which are relevant to mainstream commercial practice. This second edition takes in recent developments, including the Arbitration Act 1996 and Part III of the Private International Law (Miscellaneous Provisions) Act 1995. Other features for this edition include an expanded section on choice of law in restitution.



Arbitration And Mediation In International Business


Arbitration And Mediation In International Business
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Author : Christian Bühring-Uhle
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2006-01-01

Arbitration And Mediation In International Business written by Christian Bühring-Uhle 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 2006-01-01 with Law categories.


"Arbitration and mediation in international business was first published in 1996 and was one of the first comprehensive studies on the practice of international business dispute resolution, covering both international commercial arbitration and the so-called ?alternative? techniques such as mediation. The book also provided an empirical analysis of how both arbitration and mediation are conducted in a crossborder context, along with a normative guide to the relative costs and benefits of these two methods. This second edition is not just an updated version of the first edition but a new book in itself: Benefitting from the contributions of two co-authors, the work has been enhanced by discussions of innovative tools for making settlement negotiations more effective, and by the in-depth analysis of practical techniques to integrate mediation and arbitration in international business. Also, a comprehensive new empirical survey was conducted in order to capture new trends in this rapidly developing field. The result is a ?must have? resource for anyone having to deal with potential conflict in international business relationships."--Publisher's website.



Rethinking International Commercial Arbitration


Rethinking International Commercial Arbitration
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Author : Gilles Cuniberti
language : en
Publisher: Edward Elgar Publishing
Release Date : 2017-05-26

Rethinking International Commercial Arbitration written by Gilles Cuniberti 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 2017-05-26 with LAW categories.


Arbitration is the normal and preferred mode for resolving international commercial disputes. It presents an essential advantage over national courts by offering neutrality of adjudication, but is currently only available where both parties have consented to it. This innovative book proposes a fundamental rethink of this assumption and argues that arbitration should become the default mode of resolution in international commercial disputes.



China And International Commercial Dispute Resolution


China And International Commercial Dispute Resolution
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Author : Qiao Liu
language : en
Publisher: BRILL
Release Date : 2015-10-30

China And International Commercial Dispute Resolution written by Qiao Liu and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-10-30 with Law categories.


China and International Commercial Dispute Resolution is a unique collection of papers which deal expertly with legal issues arising from international commercial dispute resolution in China, utilizing a multiplicity of approaches including doctrinal, comparative, empirical, economic and legal analyses.