Novit Adr 2023
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Iura Novit Curia In International Arbitration
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Author :
language : en
Publisher:
Release Date : 2018
Iura Novit Curia In International Arbitration written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with categories.
Arbitration In Egypt
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Author : Ibrahim Shehata
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2021-10-05
Arbitration In Egypt written by Ibrahim Shehata 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 2021-10-05 with Law categories.
Egypt, and in particular the Cairo Regional Centre for International Commercial Arbitration (CRCICA), has clearly cemented its status as a preferred seat for arbitration cases in both the Middle East–North Africa (MENA) region and the African continent. To assist parties with a need or desire to arbitrate disputes arising in these regions – whether commercial or investment – this incomparable book, the first in-depth treatment in any language of arbitration practice under Egyptian law, provides a comprehensive overview of the arbitration process and all matters pertaining to it in Egypt, starting with the arbitration agreement and ending with the recognition and enforcement of the arbitral award. Citing more than 2,500 cases – both awards and arbitral-related court judgments – the book’s various chapters examine in detail how Egypt’s arbitration law, based on the UNCITRAL model law, encompasses such internationally accepted arbitral provisions and aspects as the following: application of the New York Convention; concept of arbitrability; choice of applicable law; formation of the arbitral tribunal; selection, rights, duties, liability, and challenge of arbitrators; arbitral procedures; evidence and experts and burden of proof; form and content of arbitral awards; annulment and enforcement procedures; interaction between Sharia law and arbitration; role of Egypt’s Technical Office for Arbitration (TOA); and judicial fees. Special issues such as third-party funding and public policy as well as particular areas of dispute such as construction, sports, real estate, labor and employment, tax, competition, intellectual property, and technology transfer are all covered. The author offers practical guidelines tailored to arbitration in these specific areas of law. An added feature is the many figures and other visuals that accompany the text. For whoever is planning to or is currently practicing arbitration in the Middle East, this matchless book gives arbitrators, in-house counsel and arbitration practitioners everything that is needed to answer any question likely to arise. This book should be on the shelf of every practitioner and academic wishing to comprehend arbitration in Egypt as construed by the Egyptian Courts. Review/Testimonial: “The book is an excellent contribution to understand and assess Egyptian international arbitration law and practice and invaluable guide for lawyers, arbitrators and academics working on arbitration cases connected to Egypt for three main reasons: First, a case law perspective that adds considerable value to the book. The author examines not only the text of laws but also the case law. On every issue, Mr Shehata quotes the positions of Egyptian courts, especially those of the Egyptian Cassation Court. With more than 2,500 cases cited, the book is a precious source to discover the Egyptian decisions originally only in Arabic. Through an analysis and commentary of a great number of decisions rendered by various levels of Egyptian courts, the book offers the most reliable source with regard to the interpretation and the application of the Law No. 27 of 1994 and the international conventions by Egyptian courts. Second, a complete and far-reaching analysis. The book covers all aspects of the arbitration process from the arbitration agreement to the enforcement of arbitral awards. It includes the specific arbitration sectors such as sport arbitration, construction arbitration and investment arbitration. This coverage makes the book one of the reference work on the whole regime of arbitration in Egypt. Third, an up-to-date study, which takes into account rule changes and up-to-date developments on new trends, such as third-party funding, optional clauses, virtual hearings, the use of tribunal secretaries and issues of ethics in arbitration.” Source / Reviewer: Professor Walid Ben Hamida, University of Paris-Saclay, France. ICC DISPUTE RESOLUTION BULLETIN 2021 | ISSUE 3 |
The European Union And Deprivation Of Liberty
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Author : Leandro Mancano
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-05-02
The European Union And Deprivation Of Liberty written by Leandro Mancano and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-02 with Law categories.
The European Union and Deprivation of Liberty examines the EU legislative and judicial approach to deprivation of liberty from the perspective of the following fundamental rights and principles: the principle of legality and proportionality of penalties; the right to liberty; and the principle that criminal penalties must aim for the social reintegration of the offenders. The book measures the relevant EU law against those rights; this constitutes the very core of the relationship between public powers and individual liberty. The analysis shows that the ultimate goal of the Union is the creation and preservation of the EU as a borderless area. The holistic approach adopted in the book explains how different legal phenomena connected to deprivation of liberty have come into being in EU law. It also shows that those phenomena call for solutions suitable for the peculiarities of the EU legal order.
The Charter And The Court Of Justice Of The European Union
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Author : Ramona Grimbergen
language : en
Publisher:
Release Date : 2019-10-20
The Charter And The Court Of Justice Of The European Union written by Ramona Grimbergen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-10-20 with Charter of Fundamental Rights of the European Union categories.
The Charter of Fundamental Rights of the European Union ('Charter') lists 50 fundamental rights that apply to dignity, freedom, equality, solidarity, citizenship and justice in the European Union ('EU'). Since the entry into force of the Lisbon Treaty on 1 December 2009, the Charter has been legally binding on the institutions of the EU and on Member States, only when they are implementing Union Law. The Charter exists 10 years. Several questions about the Charter have been clarified, such as the status of the Charter and the significance of the Charter on national legal orders. There is a vast amount of case law of the Court of Justice of the European Union in which the Charter has proven its value, and national courts are increasingly applying the Charter in national proceedings too. Although many questions have already been addressed, the Charter is still in full development and questions remain about the scope of the Charter, the interpretation of 'new' fundamental rights included in the Charter; the restrictions that are possible to fundamental rights deriving from the Charter; and the relation with the European Convention on Human Rights. Ultimately, it is up to the domestic courts to interpret the Charter; not only the Court of Justice of the European Union, but also the national judge increasingly is confronted with the Charter. With the publication of this book, a further dimension is provided to the discussion and development concerning fundamental rights protection in the EU and national practice. With the contributions present in this bundle, developments are closely followed in the triangle Luxembourg-Brussels-Strasbourg. This collection aims to provide guidance to practice and academics. The publication contains annotated judgments of the Court of Justice of the European Union from the period 2016-2018, commenting on landmark cases in which the Charter was central to the dictum of the Court of Justice of the European Union. The following individuals have contributed to this publication: Bas van Bockel, Joyce De Coninck, Pierpaolo Gori, Elspeth Guild, Catherine Van de Heyning, Petra Jeney, Manon Julicher, Hester Kroeze, Jasper Krommendijk, Elif Mendos Kuskonmaz, Laurence Lambert, Marco Mazzeschi, Paola Mori, John Morijn, Antonio Scalera, Sideek Mohamed Seyad, Yuu Shibata, Floris Tan, Laura Tomasi, Jim Waasdorp and Rob Widdershoven.
International Arbitration Law And Practice In Switzerland
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Author : Gabrielle Kaufmann-Kohler
language : en
Publisher: Oxford University Press
Release Date : 2015-10-22
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 2015-10-22 with Law categories.
This book expounds the theory of international arbitration law. It explains in easily accessible terms all the fundamentals of arbitration, from separability of the arbitration agreement to competence-competence over procedural autonomy, finality of the award, and many other concepts. It does so with a focus on international arbitration law and jurisprudence in Switzerland, a global leader in the field. With a broader reach than a commentary of Chapter 12 of the Swiss Private International Law Act, the discussion contains numerous references to comparative law and its developments in addition to an extensive review of the practice of international tribunals. Written by two well-known specialists - Professor Kaufmann-Kohler being one of the leading arbitrators worldwide and Professor Rigozzi one of the foremost experts in sports arbitration - the work reflects many years of experience in managing arbitral proceedings involving commercial, investment, and sports disputes. This expertise is the basis for the solutions proposed to resolve the many practical issues that may arise in the course of an arbitration. It also informs the discussion of the arbitration rules addressed in the book, from the ICC Arbitration Rules to the Swiss Rules of International Arbitration, the CAS Code, and the UNCITRAL Rules. While the book covers commercial and sports arbitrations primarily, it also applies to investment arbitrations conducted under rules other than the ICSID framework.
International Investment Protection Of Global Banking And Finance
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Author : Arif H. Ali
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2021-09-14
International Investment Protection Of Global Banking And Finance written by Arif H. Ali 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 2021-09-14 with Law categories.
Global banking and finance is a complex and specialized field with sector-specific investment forms, subject to distinctive legal and regulatory frameworks and unique types of political risk. This comprehensive guide to international investment protection in the finance and banking sector, written by acknowledged experts in the field of investor-State arbitration, provides the first in-depth discussion of how international investment law applies to investors and investments in the sector. Featuring expert guidance on the key legal protections for cross-border banking and finance investments, with complete and up-to-date coverage of investor-State cases, the analysis crystallizes a set of field-specific legal principles for the sector. In particular, the authors address the following practical aspects of investment protection in the banking and finance sector: how sector-specific forms of investment, such as loans and derivatives, impact the dispute resolution process; types of political risk that cross-border investments in the sector are likely to encounter; distinctive adverse sovereign measures that underlie disputes in the sector, including those from sovereign debt defaults and banking sector bailouts; specific treaty provisions, such as jurisdictional carve-outs and targeted exclusions; remedies available for violations of international investment protections; how monetary damages may be assessed for injury to banking and finance sector investments; the scope of financial services chapters included in certain free trade agreements; the protections available under domestic foreign investment laws; and alternative sources of protection such as political risk insurance and investment contracts. International disputes practitioners and academics, in-house counsel in the finance and banking industries, and arbitrators addressing banking and finance disputes will welcome this book for its practical guidance. With strategies for investors as well as for sovereign States to navigate the intricacies of the investment protection system, the authors’ comprehensive analysis will help ensure appropriate international protection for banking and finance sector investments, both when establishing investments and when resolving disputes. The book lays the groundwork for the future consolidation of international investment protection as a critical tool to manage the political risk confronting global banking and finance.
Arbitration In Switzerland
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Author : Dr. Manuel Arroyo
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2018-08-06
Arbitration In Switzerland written by Dr. Manuel Arroyo 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 2018-08-06 with Law categories.
Arbitration in Switzerland
International Financial Disputes
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Author : Jeffrey Golden
language : en
Publisher: Oxford University Press, USA
Release Date : 2015
International Financial Disputes written by Jeffrey Golden 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 2015 with Law categories.
The first book to focus on the arbitration of international financial disputes, this work provides an invaluable reference work on issues that are particularly relevant to claims involving financial products.
Document Production In International Arbitration
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Author : Reto Marghitola
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2015-10-20
Document Production In International Arbitration written by Reto Marghitola 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 2015-10-20 with Law categories.
Because document production can discover written evidence that would otherwise not be available, it is often the key to winning a case. However, document production proceedings can be a costly and time-consuming exercise, and arbitral awards in particular are often challenged on grounds that relate to document production orders. The task of balancing the conflicting interests of the parties in this context is a major responsibility of arbitral tribunals. This book's analysis focuses on whether there exist legal principles on which arbitrators should establish rules of document production in both civil law and common law countries, and shows how international arbitration is affected. The author examines the relevant discretion of arbitral tribunals under US, English, Swiss, German, and Austrian law, and under nine of the most important sets of institutional rules, including the ICC Rules, the LCIA Rules, and the Swiss Rules. The presentation mines case law and legal literature for concepts based on the common expectations of the parties, the legitimate expectations of a party, the duty to balance different procedural expectations of the parties, the presumed intent of the parties, the underlying hypothetical bargain, implied terms, and the arbitrators' discretion. Among the topics and issues investigated are the following: - procedural rules on document production versus procedural flexibility; - how arbitral tribunals can modify the IBA Rules on a case-by-case basis; - discretion granted by legislation in each country covered; - electronic document production; - how to deal with privilege and confidentiality objections; - how to formulate or answer document production requests; - effective sanctions in case of non-compliance with procedural orders of the arbitral tribunal; - what grounds for annulment and non-enforcement a losing party can raise in what countries. Perhaps the greatest benefit of the book is the inclusion of model clauses, commensurate with both civil law and common law expectations. The author explicates the advantages and inconveniences of each model clause, and clarifies the influence of each clause on the efficiency of the proceedings and the enforcement risk. For practitioners, the book not only gives counsel a thorough overview of possible arguments for and against document production, but also assists arbitrators find a way through the jungle of opinions on the interpretation of the IBA Rules. Legal academics will appreciate the author's deeply informed analysis and commentary and the book's contribution to increasing the predictability of arbitral decisions on document production and showing how issues in dispute can be narrowed by tailor-made rules, thus helping to raise the efficiency and reduce the costs of arbitral proceedings.
The Iran United States Claims Tribunal
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Author : Charles Nelson Brower
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 1998-02-12
The Iran United States Claims Tribunal written by Charles Nelson Brower 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 1998-02-12 with Law categories.
The Iran-United States Claims Tribunal is arguably the most significant arbitral institution of the twentieth century. Although the completion of its last few cases could take a long time, the Tribunal's impressive work must be made available now as a guide to the resolution of ongoing disputes and for future tribunals. The Tribunal has, by this point, disposed of well over 98 percent of its caseload. Little more remains for its participants to learn, but the Tribunal shows no signs of fading away. Both of the two States Parties, for different reasons, see greater advantage in the Tribunal's prolongation than in its elimination. The authors have succeeded in dealing with all of the most deserving Tribunal subjects. Moreover, their intimate involvement in and knowledge of the Tribunal ensure that their book is a fascinating, important, and indispensable contribution to the literature of International Law. This is a definitive book on a monumental event in the law and in history at the close of a century. "The Iran-United States Claims Tribunal" was awarded the ASIL Certificate of Merit.