Legal Theory Of International Arbitration
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Legal Theory Of International Arbitration
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Author : Emmanuel Gaillard
language : en
Publisher: BRILL
Release Date : 2010-05-03
Legal Theory Of International Arbitration written by Emmanuel Gaillard and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-05-03 with Law categories.
The present work, based on a Course given at The Hague Academy of International Law in the Summer 2007, identifies the philosophical postulates that underlie this field of study and shows their profound coherence and the practical consequences that follow from these postulates in the resolution of international disputes.
Legal Theory Of International Arbitration
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Author : Emmanuel Gaillard
language : en
Publisher: Martinus Nijhoff
Release Date : 2010
Legal Theory Of International Arbitration written by Emmanuel Gaillard and has been published by Martinus Nijhoff this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
International arbitration law readily lends itself to a legal theory analysis. The fundamentally philosophical notions of autonomy and freedom are at the heart of its field of study. Similarly essential are the questions of legitimacy raised by the parties' freedom to favor a private form of dispute resolution over national courts, to choose their judges, to tailor the procedure as they deem appropriate, and to determine the rules of law that will govern the dispute even where the chosen rules are not those of a given legal system, as well as by the arbitrators' freedom to determine their own jurisdiction, to shape the conduct of the proceedings and, in the absence of an agreement among the parties, to choose the rules applicable to the merits of the dispute. The present work, which is based on a Course given at The Hague Academy of International Law in the Summer of 2007, seeks to identify the philosophical postulates that underlie this field of study, to show their profound coherence and the practical consequences that follow from these postulates in the resolution of international disputes.
Legal Theory Of International Arbitration
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Author : Emmanuel Gaillard
language : en
Publisher: Martinus Nijhoff
Release Date : 2010
Legal Theory Of International Arbitration written by Emmanuel Gaillard and has been published by Martinus Nijhoff this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
International arbitration law readily lends itself to a legal theory analysis. The fundamentally philosophical notions of autonomy and freedom are at the heart of its field of study. Similarly essential are the questions of legitimacy raised by the parties' freedom to favor a private form of dispute resolution over national courts, to choose their judges, to tailor the procedure as they deem appropriate, and to determine the rules of law that will govern the dispute even where the chosen rules are not those of a given legal system, as well as by the arbitrators' freedom to determine their own jurisdiction, to shape the conduct of the proceedings and, in the absence of an agreement among the parties, to choose the rules applicable to the merits of the dispute. --
Towards A Science Of International Arbitration
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Author : Christopher R. Drahozal
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2005-01-01
Towards A Science Of International Arbitration written by Christopher R. Drahozal 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 2005-01-01 with Law categories.
Most books on international commercial arbitration approach the subject through legal theory supported by anecdotal evidence. This remarkable book is distinguished by its focus on the application of quantitative empirical research to the study of international arbitration. It collects, together with commentary, the existing empirical literature on the subject, and also presents several studies published here for the first time. Beginning with a basic overview of the methods of empirical research (surveys, observational studies, experimental studies), the book goes on to reprint the existing empirical studies under six headings: why parties agree to arbitrate; arbitration clauses; arbitral procedures; arbitrator selection; rules of decision and applicable law; and, arbitration awards. Written in an easily accessible, non-technical manner, Towards a Science of International Arbitration provides the starting point for future empirical research on international arbitration by collecting the existing empirical literature in one place and by suggesting possible topics for research. It will be of inestimable value to lawyers and others involved in international dispute resolution, whether as arbitrators, parties, party representatives, or in-house counsel, as well as to academics interested in methods of resolving disputes in international commerce.
Theory Law And Practice Of Maritime Arbitration
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Author : Eva Litina
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2020-12-10
Theory Law And Practice Of Maritime Arbitration written by Eva Litina 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 2020-12-10 with Law categories.
Theory, Law and Practice of Maritime Arbitration The Case of International Contracts for the Carriage of Goods by Sea Eva Litina It is estimated that over 80% of global trade by volume is carried by sea, making maritime transport a cornerstone of the global economy. Most disputes in the shipping industry are settled by distinctive, private arbitral proceedings that are best understood by a close examination of the standard form contracts that are used in practice and of the case law arising therefrom. Extrapolating insightfully from these sources, the author of this book examines in depth the phenomenon of maritime arbitration with a specific focus on contracts for the carriage of goods by sea. She offers the first comprehensive and comparative analysis of arbitral practice in the three jurisdictions where the most frequently selected maritime arbitral seats are located: London, New York, and Singapore. An analysis of the applicable rules and relevant case law in each jurisdiction provides the basis from which a comparative assessment of maritime arbitral seats is achieved. The book addresses the following key aspects of maritime arbitration: maritime arbitration’s definition, origins, theoretical underpinnings, socioeconomic context, and significance; the maritime-specific reasons for wide use of ad hoc versus institutional arbitration; the international instruments governing arbitration in contracts for the carriage of goods by sea; the shipping industry’s pursuit of self-regulation via standard form contracts; the arbitration agreement contained in standard form charterparties and bills of lading; maritime arbitration’s unique approach to judicial review, confidentiality, and arbitrator impartiality; the specific dispute resolution objectives that compel a comparative assessment of maritime arbitral seats; and the future of maritime arbitration in light of international political, financial, and technological developments. In addition to the three main maritime arbitral seats, the analysis touches on maritime arbitration in other relevant jurisdictions, such as Hong Kong, Greece, Japan, and Korea, thus affording a comparison of the process in common and civil law jurisdictions. The book concludes by considering the potential impact of the current international political landscape, and suggesting future perspectives and research in international maritime arbitration. An important addition to scholarship in this field of law, the book’s thorough assessment of the merits of the competing maritime arbitral seats—and its specific focus on maritime disputes—will prove of significant importance to arbitrators, law firms, in-house counsel of shipping companies, international organizations, and arbitration institutions and associations. Practitioners will discover all tools necessary to examine any case before the main maritime arbitral seats with full awareness of each applicable legal regime and its distinguishing features.
Legal Interpretation In International Commercial Arbitration
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Author : Dr Joanna Jemielniak
language : en
Publisher: Ashgate Publishing, Ltd.
Release Date : 2014-02-28
Legal Interpretation In International Commercial Arbitration written by Dr Joanna Jemielniak and has been published by Ashgate Publishing, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-02-28 with Law categories.
This book fills a gap in legal academic study and practice in International Commercial Arbitration (ICA) by offering an in-depth analysis on legal discourse and interpretation. Written by a specialist in international business law, arbitration and legal theory, it examines the discursive framework of arbitral proceedings, through an exploration of the unique status of arbitration as a legal and semiotic phenomenon. Historical and contemporary aspects of legal discourse and interpretation are considered, as well as developments in the field of discourse analysis in ICA. A section is devoted to institutional and structural determinants of legal discourse in ICA in which ad hoc and institutional forms are examined. The book also deals with functional aspects of legal interpretation in arbitral discourse, focusing on interpretative standards, methods and considerations in decision-making in ICA. The comparative examinations of existing legal framework and case law reflect the international nature of the subject and the book will be of value to both academic and professional readers.
International Arbitration And Global Governance
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Author : Walter Mattli
language : en
Publisher: OUP Oxford
Release Date : 2014-07-18
International Arbitration And Global Governance written by Walter Mattli and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-18 with Political Science categories.
Most literature on international arbitration is practice-oriented, technical, and promotional. It is by arbitrators and largely for arbitrators and their clients. Outside analyses by non-participants are still very rare. This book boldly steps away from this tradition of scholarship to reflect analytically on international arbitration as a form of global governance. It thus contributes to a rapidly growing literature that describes the profound economic, legal, and political transformation in which key governance functions are increasingly exercised by a new constellation that include actors other than national public authorities. The book brings together leading scholars from law and the social sciences to assess and critically reflect on the significance and implications of international arbitration as a new locus of global private authority. The views predictably diverge. Some see the evolution of these private courts positively as a significant element of an emerging transnational private legal system that gradually evolves according to the needs of market actors without much state interference. Others fear that private courts allow transnational actors to circumvent state regulation and create an illegitimate judicial system that is driven by powerful transnational companies at the expense of collective public interests. Still others accept that these contrasting views serve as useful starting points of an analysis but are too simplistic to adequately understand the complex governance structures that international arbitration courts have been developing over the last two decades. In sum, this book offers a wide-ranging and up-to-date analytical overview of arguments in a vigorous nascent interdisciplinary debate about arbitration courts and their exercise of private governance power in the transnational realm. This debate is generating fascinating new insights into such central topics as legitimacy, constitutional order and justice beyond classical nation state institutions.
An Introduction To International Arbitration
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Author : Ilias Bantekas
language : en
Publisher: Cambridge University Press
Release Date : 2015-08-13
An Introduction To International Arbitration written by Ilias Bantekas 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 2015-08-13 with Law categories.
Comprehensive introductory textbook on the law and practice of international arbitration.
International Arbitration Law And Practice In Switzerland
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Author : Gabrielle Kaufmann-Kohler
language : en
Publisher: Oxford University Press
Release Date : 2015
International Arbitration Law And Practice In Switzerland written by Gabrielle Kaufmann-Kohler 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 2015 with Law categories.
This third edition, and the first in English, of the globally-cited Arbitrage International-Droit et Pratique à la Lumière de la LDIP, provides complete guidance on arbitration law and practice relating to Switzerland from two of the leading authorities on Swiss practice.
Performance As A Remedy
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Author : Michael E. Schneider
language : en
Publisher: Juris Publishing, Inc.
Release Date : 2011
Performance As A Remedy written by Michael E. Schneider 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 2011 with Law categories.
This publication contains the results of a research project carried out by the Swiss Arbitration Association (ASA) on a question that has received relatively little attention in legal commentary so far: performance as a remedy in international arbitration. Twelve contributions address, by reference to legal theory and to arbitration practice, the question of whether arbitrators can order a party to perform or abstain from performing certain acts (be it in the form of an interim order or in an award on the merits), in what circumstances, and how such orders are made and the issues of procedure and enforcement that they raise. The particular value of the present compilation lies in the diversity of perspectives it presents. A thorough academic introduction of the subject is followed by reports from nine major international arbitral institutions, including the ICC, LCIA, ICDR/AAA as well as WIPO, Swiss, DIS, Vienna and KLRCA that provide a unique insight into their practical experience with performance as a remedy in arbitrations carried out under their auspices. Further, experts in the fields of corporate law, competition law, construction law, sports law, and international trade provide their perspective of performance as a remedy in their respective fields. Performance orders as interim measures are dealt with in a separate chapter. Particular attention is given to some of the difficult questions that arise when awards for non-monetary relief must be enforced. Performance as a Remedy is indispensable in that it provides both analysis and practical guidance on the subject and is a major contribution to the field in this to further particularly challenging area of arbitration law.