Online Arbitration In Theory And In Practice
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Online Arbitration In Theory And In Practice
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Author : Ihab Abdel Salam Amro
language : en
Publisher: Cambridge Scholars Publishing
Release Date : 2019-01-08
Online Arbitration In Theory And In Practice written by Ihab Abdel Salam Amro and has been published by Cambridge Scholars Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-01-08 with Law categories.
This book presents an overview of online arbitration and electronic contracting worldwide, examining their national and international contexts, and assessing their ongoing relevance. It offers solutions to the salient challenges facing both online arbitration and electronic contracting, dealing first–hand with online arbitration as an online dispute resolution technique for solving both traditional and electronic commerce disputes that may arise out of the breach of contractual obligations in international commercial contracts, while also comparing between common law and civil law countries. In the theory of law, this book analyses the international legal framework that regulates e–commerce, and its impact on electronic contracting, including Model Laws and International Conventions such as the Model Law on Electronic Commerce of 1996 and the Electronic Communications Convention of 2005. It also investigates whether the UN Convention on Contracts for the International Sale of Goods of 1980 ‘The CISG’ applies to e–commerce contracts. In addition, it extensively examines the possibility for the enforcement of online arbitration agreements and online arbitral awards under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958. Regarding the practice of law, the volume examines how national courts apply both national laws and the New York Convention of 1958 when dealing with the enforcement of online arbitration agreements, and whether courts apply the provisions of national laws of arbitration liberally. As such, it encourages the adoption of a more liberal judicial regime in favour of the enforcement of online arbitral awards and online arbitration agreements in national courts. This book represents a valuable resource for academics, arbitrators, practicing lawyers, corporate counsels, law students, researchers, and professionals who are willing to solve their cross–border commercial disputes through online arbitration.
Online Arbitration In Theory And In Practice
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Author : Ihab Abdel Salam
language : en
Publisher: Cambridge Scholars Publishing
Release Date : 2021-10
Online Arbitration In Theory And In Practice written by Ihab Abdel Salam and has been published by Cambridge Scholars Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10 with categories.
This book presents an overview of online arbitration and electronic contracting worldwide, examining their national and international contexts, and assessing their ongoing relevance. It offers solutions to the salient challenges facing both online arbitration and electronic contracting, dealing firstâ "hand with online arbitration as an online dispute resolution technique for solving both traditional and electronic commerce disputes that may arise out of the breach of contractual obligations in international commercial contracts, while also comparing between common law and civil law countries. In the theory of law, this book analyses the international legal framework that regulates eâ "commerce, and its impact on electronic contracting, including Model Laws and International Conventions such as the Model Law on Electronic Commerce of 1996 and the Electronic Communications Convention of 2005. It also investigates whether the UN Convention on Contracts for the International Sale of Goods of 1980 â ~The CISGâ (TM) applies to eâ "commerce contracts. In addition, it extensively examines the possibility for the enforcement of online arbitration agreements and online arbitral awards under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958. Regarding the practice of law, the volume examines how national courts apply both national laws and the New York Convention of 1958 when dealing with the enforcement of online arbitration agreements, and whether courts apply the provisions of national laws of arbitration liberally. As such, it encourages the adoption of a more liberal judicial regime in favour of the enforcement of online arbitral awards and online arbitration agreements in national courts. This book represents a valuable resource for academics, arbitrators, practicing lawyers, corporate counsels, law students, researchers, and professionals who are willing to solve their crossâ "border commercial disputes through online arbitration.
Recognition And Enforcement Of Foreign Arbitral Awards In Theory And In Practice
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Author : Ihab Abdel Salam Amro
language : en
Publisher: Cambridge Scholars Publishing
Release Date : 2014-03-26
Recognition And Enforcement Of Foreign Arbitral Awards In Theory And In Practice written by Ihab Abdel Salam Amro and has been published by Cambridge Scholars Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-03-26 with Law categories.
This book initiates a discussion of the law and practice of recognition and enforcement of foreign arbitral awards in both common law and civil law countries. In terms of law, this book principally focuses on the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958, and the harmony or clash between the New York Convention and national arbitration laws of both common law and civil law countries including the UK and the USA (as common law countries), and France, Germany and Greece (as civil law countries). In terms of practice, this book deeply and extensively examines the judicial application of the New York Convention in national courts of common law and civil law countries, and sheds light on the best practices related to the judicial application of the New York Convention, while also highlighting how future disputes can be resolved in national courts. As such, this book provides solutions for salient and recurring problems arising out of the erroneous judicial application or interpretation of the New York Convention by national courts, and encourages the adoption of a more liberal regime in favour of the recognition and enforcement of foreign arbitral awards generally, and the adoption of a more liberal interpretation of the New York Convention in national courts of both common law and civil law countries particularly. This book, which is based on more than 100 courts’ decisions from common law and civil law countries, is a valuable resource for academics, arbitrators, practicing lawyers, corporate counsels, law students and researchers interested in international commercial arbitration, as well as for business professionals involved in international trade, and those who are willing to solve their commercial disputes through arbitration.
Online Dispute Resolution
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Author : Wang Dr Faye Fangfei
language : en
Publisher:
Release Date : 2008-09-30
Online Dispute Resolution written by Wang Dr Faye Fangfei and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-09-30 with Dispute resolution (Law) categories.
The most-up-to-date technology and regulation of Online Dispute Resolution (ODR) are examined in this essential reference for lawyers, practitioners, legislators and students. It introduces the different forms of ODR and enables the reader to understand and cope with the challenges of e-commerce.
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.
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.
Review excerpts from the book on Scribd International arbitration 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 and to choose the applicable rules of law, and by the arbitrators’ freedom to determine their own jurisdiction, to shape the conduct of the proceedings and to choose the rules applicable to the dispute. 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.
French International Arbitration Law Reports 1963 2007
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Author : Thomas Clay
language : en
Publisher: Juris Publishing, Inc.
Release Date : 2014-04-01
French International Arbitration Law Reports 1963 2007 written by Thomas Clay 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 2014-04-01 with Domssamlinger categories.
The French law of international arbitration has a beginning (1963) and a culminating point (2007), but fortunately it does not have an ending. Indeed, it does not cease to evolve, to improve, to perfect itself. Thus it invites one to carefully observe it. But before undertaking this careful observation by annually identifying the most important decisions, as this collection has been doing since 2008, it is important to recall the origins of French law on international arbitration, how it was built, and in so doing, predict where it is heading. Looking into the past to anticipate the future, that is also the interest of a book like the present one. This selection, necessarily subjective, is also shaped by the advantages that a retrospective look offers. The benefit of hindsight allows one to confidently distinguish between the decisions that deserve mention and those which did not make it into history. Only the former are printed in the following pages, but all of such decisions are included. Conversely, all decisions from 2008 onwards will be methodically published in the annual reports of this collection, of which two editions have already been released for the years 2008 and 2009. Aimed for practitioners and academics alike, the knowledge of French case law is indispensable to understanding international arbitration and its important influence around the world.
Online Arbitration
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Author : Faye Fangfei Wang
language : en
Publisher: Taylor & Francis
Release Date : 2017-08-14
Online Arbitration written by Faye Fangfei Wang and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-08-14 with Law categories.
Innovative initiatives for online arbitration are needed to aid in resolving cross-border commercial and consumer disputes in the EU, UK, US and China. This book provides a comparative study of online dispute resolution (ODR) systems and a model of best practices, taking into consideration the features and characteristics of various practical experiences/examples of ODR services and technological development for ODR systems and platforms. The book begins with a theoretical approach, looking into the challenges in the use of online arbitration in commercial transactions and analysing the potential adoption of technology-assisted arbitration (e.g. Basic ODR systems and Intelligent/Advanced ODR systems) in resolving certain types of international commercial and consumer disputes. It then investigates the legal obstacles to adopting ODR by examining the compatibility of technology with current legislation and regulatory development. Finally, it suggests appropriate legal and technological measures to promote the recognition of ODR, in particular online arbitration, for cross-border commercial and consumer disputes. By exploring both the theoretical framework and the practical considerations of online arbitration, this book will be a vital reference for lawyers, policy-makers, government officials, industry professionals and academics who are involved with online arbitration.
Online Dispute Resolution
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Author : Ethan Katsh
language : en
Publisher: Jossey-Bass
Release Date : 2001-05-23
Online Dispute Resolution written by Ethan Katsh and has been published by Jossey-Bass this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-05-23 with Law categories.
An essential tool for dispute resolution professionals as well as for anyone considering using dispute resolution in their lives and work, Online Dispute Resolution explains the many diverse and unique applications of doing conflict resolution online. The expert authors examine the tremendous growth of online dispute resolution-including its use by eBay and other e-commerce companies-and reveal the enormous possibilities to come, along with the many employment opportunities for practitioners in the field. They show how the online environment will affect the role of those who are concerned with dispute resolution just as it has brought changes to those who practice law, sell stocks, or run for office. For those who see the value of technology as a critical building block in the future of dispute resolution, Online Dispute Resolution will be an indispensable resource.