Issues On Arbitration


Issues On Arbitration
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Issues On Arbitration


Issues On Arbitration
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Author : Vikas H. Gandhi
language : en
Publisher: Readworthy Publications
Release Date :

Issues On Arbitration written by Vikas H. Gandhi and has been published by Readworthy Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on with Law categories.


This book “Issues on Arbitration” is descriptive in nature. It has debated major contemporary issues like choice of laws, judicial intervention in the subject matter of arbitration, enforcement of an award, public rule, arbitrability in India and overseas and issues in international sports with regard to arbitration. It has also highlighted three major laws applicable on the subject matter of arbitration, that is, substantive law to the arbitration applicable, procedural (curial) law applicable to the arbitration and law applicable to the arbitration agreements. It justifies the arbitration practice(s) by observing few other jurisdictions of overseas along with India.



Discourse And Practice In International Commercial Arbitration


Discourse And Practice In International Commercial Arbitration
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Author : Christopher N. Candlin
language : en
Publisher: Routledge
Release Date : 2016-05-23

Discourse And Practice In International Commercial Arbitration written by Christopher N. Candlin and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-23 with Law categories.


It is increasingly held that international commercial arbitration is becoming colonized by litigation. This book addresses, in a range of ways and from various locations and sites, those aspects of arbitration practice that are considered crucial for its integrity as an institution and its independence as a professional practice. The chapters offer multiple perspectives on the major issues in play, highlighting challenges facing the institution of arbitration, and identifying opportunities available for its development as an institution. The evidence of arbitration practice presented is set against the background of practitioner perceptions and experience from more than 20 countries. The volume will serve as a useful resource for all scholars and practitioners interested in the institution of arbitration and its professional practices.



Twilight Issues In International Arbitration


Twilight Issues In International Arbitration
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Author : George Bermann
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2023-03-09

Twilight Issues In International Arbitration written by George Bermann 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 2023-03-09 with Law categories.


There are many issues of arbitral practice that remain largely unaddressed, or very poorly addressed, in the sources to which tribunals and counsel conventionally turn for procedural guidance: the arbitration agreement, the lex arbitri and rules of procedure. This book brings together the most frequently recurring of such “twilight” issues—so-called because all participants in the arbitral process, when facing them, find themselves “in the dark”—showing in each case where it is best for arbitrators, counsel, and parties to look for solutions offering logic, certainty and predictability. The issues ably covered by the author include, among others, the following: Is a non-signatory bound by or entitled to invoke an arbitration agreement? When may res judicata or collateral estoppel subject? Should a tribunal issue an anti-suit injunction? When may a tribunal treat as mandatory a law other than the chosen one? On what basis may a witness invoke testimonial privilege? When may a tribunal sanction counsel for what it considers misconduct? By what standards is a determination of corruption to be made? How should a tribunal determine the interest rate applicable to an award? On what basis are costs to be allocated? Examining in turn the guidance that may be provided by normative sources—national law (and if so, which one?), simple exercise of good judgment, or “international standards” derived from soft law, arbitral jurisprudence, international law, and scholarly and professional commentary—the analysis clearly shows how, when conventional sources of legal guidance are unavailing, decisions on important matters of arbitral practice and procedure are best made. The book will prove of major relevance and value to any and all stakeholders in the international arbitral process, whether commercial or investor-state.



International Arbitration


International Arbitration
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Author : John Norton Moore
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2013-03-15

International Arbitration written by John Norton Moore and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-15 with Law categories.


Arbitration is a staple of international dispute resolution. Though the international community now has a plethora of courts and tribunals at its disposal, for numerous reasons international arbitration remains a central mechanism—perhaps even the central mechanism in third-party resolution of international commercial disputes. International Arbitration: Contemporary Issues and Innovations brings together some of the world’s most distinguished experts to examine important contemporary issues and trends in international arbitration. The volume offers a broad range of analysis beginning with current key procedural issues. Both Private and Public International Law are examined, including such topics as investor-state relations, arbitration in the law of the sea and human rights and investment arbitration.



Contemporary Issues In International Arbitration And Mediation The Fordham Papers 2012


Contemporary Issues In International Arbitration And Mediation The Fordham Papers 2012
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Author : Arthur W. Rovine
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2013-10-02

Contemporary Issues In International Arbitration And Mediation The Fordham Papers 2012 written by Arthur W. Rovine and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-10-02 with Law categories.


The 2012 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 2012 Fordham Law School Conference on International Arbitration and Mediation, held in London. The 22 papers are organized into the following five parts: Keynote Presentation by Charles N. Brower, Michael Pulos and Charles B. Rosenberg Part I: Investor-State Arbitration by Christoph Schreuer, Philippe Sands, Sam Wordsworth, Barton Legum, Gauthier Vannieuwenhuyse, Jarrod Wong, Donald Francis Donovan Part II: Arbitration of International Financial Disputes by Kenneth M. Kramer, Mark Kantor, Edna Sussman, Jennifer L. Gorskie Part III: Arbitration of International Construction Disputes by C. Mark Baker, Lucy Greenwood, Louis B. Kimmelman, Suyash Paliwal, C. Ryan Reetz, John W. Hinchey, Barbara Helene Steindl Part IV: Arbitration in Asia by Jessica Fei, Damien McDonald, Remington Huang, Michael Pryles, Lawrence Boo Part V: Mediation by Chris Newmark, Donna Ross, Nancy M. Thevenin



Handbook Of Evidence In International Commercial Arbitration


Handbook Of Evidence In International Commercial Arbitration
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Author : Franco Ferrari
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2022-04-07

Handbook Of Evidence 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 2022-04-07 with Law categories.


In arbitration, evidence provides the basis for almost every decision, be it procedural, jurisdictional, or substantive. However, users from different legal traditions may not share the same understanding as to how an arbitral tribunal ought to proceed in this regard. Therefore, it is important for lawyers to know how to collect, develop, and present evidence in arbitration proceedings, not only from a legal perspective but also from a cultural point of view. It is against this backdrop that the editors have invited a diverse group of distinguished arbitration practitioners and academics to contribute to this matchless Handbook of Evidence in International Commercial Arbitration. Key concepts and issues related to evidence in arbitration covered include the following: the normative framework on evidence in arbitration proceedings; the burden and standard of proof; means of evidence, including documents, experts, and witnesses; questions of admissibility, including issues of privilege and confidentiality; the assessment of evidence and its probative value; court assistance and sanctions. With its systematic analysis of the key concepts of evidence, holistic discussion of the applicable normative framework, cross-cultural perspectives on the taking of evidence in arbitration, and reference to case law from major arbitration hubs, this book will become an undisputed point of reference for academics and practitioners alike. Critical acclaim: “This handbook elegantly captures the range of issues that arises regarding evidence in international arbitration. Bringing together the foremost experts in the field, each contribution offers a thoughtful analysis on these issues and the compilation deserves a prominent spot in every practitioner’s arbitral library.” Chiann Bao, Independent Arbitrator (Arbitration Chambers) and Vice President of the ICC Court of Arbitration “This publication well deserves recognition as a landmark handbook on evidence in international commercial arbitration. It comprehensively discusses the whole evidentiary process from its foundations taking a comparative and harmonizing perspective as well as the burden and standards of proof to the various evidentiary means up to the assessment of evidence. Written by leading academics and practitioners from all over the world, it will be a safe haven for anyone facing discrete evidentiary issues and looking for answers to fundamental or actual questions including as to privileges, confidentiality, virtual hearings or data protection.” Professor Filip De Ly, Chair of the ILA International Commercial Arbitration Committee



International Arbitration


International Arbitration
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Author : Hong Kong International Arbitration Centre (HKIAC)
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2019-01-17

International Arbitration written by Hong Kong International Arbitration Centre (HKIAC) 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 2019-01-17 with Law categories.


On the occasion of his 75th birthday, Neil Kaplan's unparalleled influence in the field of international arbitration is celebrated in this book which comprises contributions from over twenty-five renowned international arbitration practitioners, all of whom credit Kaplan as having impacted the development of arbitration in their respective jurisdictions or professionally. The book is constructed as a three-part compendium as follows: • the Kaplan Lectures, an annual series established to bring some of the best minds in international arbitration to Hong Kong to address current and practical issues; • key decisions and arbitration awards rendered by Kaplan, with commentaries that make current the issues arising out of these judgments and also provide an in-depth analysis of important issues emanating from his treaty arbitration awards; • articles showcasing the reach of Kaplan's influence through reflections by several of his former assistants who are now making a mark in their own right in the international arbitration community. Arbitration practitioners will welcome this book for its practical analysis of some of the most discussed and debated 'hot issues' in arbitration law and practice today. In addition, the commentaries on Kaplan's key decisions offer especially insightful guidance for practitioners, academics and students in the field of international arbitration.



Contemporary Issues In International Arbitration And Mediation


Contemporary Issues In International Arbitration And Mediation
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Author : Arthur W. Rovine
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2011-08-11

Contemporary Issues In International Arbitration And Mediation written by Arthur W. Rovine and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-08-11 with Law categories.


The 2010 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 2010 Fordham Law School Conference on International Arbitration and Mediation.



The Powers And Duties Of An Arbitrator


The Powers And Duties Of An Arbitrator
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Author : Patricia Shaughnessy
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2017-04-15

The Powers And Duties Of An Arbitrator written by Patricia Shaughnessy 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 2017-04-15 with Law categories.


The scope of the arbitrator’s powers in arbitration proceedings has been widely discussed in recent years, but remains understudied. Among prominent international arbitrators, none have focused on this issue more than Dr. Pierre A. Karrer. Dr. Karrer is celebrated here on the occasion of his seventy-fifth birthday by more than thirty leading arbitration practitioners and academics worldwide who have been part of, and have been influenced by, his extensive professional career. Following Dr. Karrer’s primary interests, notably his advocacy of a strong arbitrator role in proceedings as evidenced in his lectures, presentations, and publications as well as in his own arbitrations, the contributions in this book consider such questions as the following: ·What are the sources of an arbitrator’s power? ·What are the limits of an arbitrator’s power? ·Should arbitrators have a role in encouraging settlement? ·May arbitrators regulate and impose sanctions against counsel? ·How managerial should arbitrators be? ·What are the duties and liabilities of arbitrators? ·What is the nature of the arbitrator’s relationship to arbitral institutions? ·Are emergency arbitrators actually ‘arbitrators’? ·Should arbitrators raise issues of arbitrability and public policy ex officio? ·To what extent may arbitrators delegate tasks and use tribunal secretaries? With its in-depth perspectives on the arbitrator’s role, powers, and duties in an arbitration proceeding, and its extensive analysis of some of the most timely and controversial issues in arbitration today, this book offers an abundance of thought-provoking yet also practical commentary and guidance for practitioners and academics in the field of international arbitration and international commercial law.



Contemporary Issues In International Arbitration And Mediation The Fordham Papers 2011


Contemporary Issues In International Arbitration And Mediation The Fordham Papers 2011
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Author : Arthur W. Rovine
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2012-07-25

Contemporary Issues In International Arbitration And Mediation The Fordham Papers 2011 written by Arthur W. Rovine and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-07-25 with Law categories.


The 2011 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 2011 Fordham Law School Conference on International Arbitration and Mediation. The 26 papers are organized into the following five parts: Keynote Presentation: George Bermann Part I: Investor-State Arbitration, R. Doak Bishop, Margrete Stevens, Alexis Mourre, Lucy F. Reed, Giorgio Francesco Mandelli. Part II: Complex International Commercial Arbitration, Gerald Aksen, James E. Castello, Rocio Digon, Bernard Hanotiau, Dr. Julian D M Lew QC, Pedro J. Martinez-Fraga. Part III: New Rules in International Arbitration, Jason Fry, Victoria Shannon, Catherine Kessedjian, David W. Rivkin, Catherine A. Rogers, Arthur W. Rovine. Part IV: Arbitration in the BRIC Countries, Grant Hanessian, Joaquim de Paiva Muniz, Roman Khodykin, Zia Moody, Shreyas Jayasimha, Andrew Aglionby. Part V: Mediation, Simeon Baum, Jeremy Lack, Joseph T. McLaughlin, Jacqueline Nolan-Haley, Brian Speers, Colin Caughey, Nathan Witkin.