Pleading In Arbitration
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Pleading In Arbitration
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Author : Steven P. Walker
language : en
Publisher:
Release Date : 2017-04-30
Pleading In Arbitration written by Steven P. Walker and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-04-30 with Civil procedure categories.
Pleading In Arbitration
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Author : Steven P. Walker
language : en
Publisher: Thomson/W. Green
Release Date : 2012
Pleading In Arbitration written by Steven P. Walker and has been published by Thomson/W. Green this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Civil procedure categories.
Accompanied by CD-ROM in pocket at rear of book.
The Compleat Arbitrator
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Author : Matthew Bacon
language : en
Publisher:
Release Date : 1731
The Compleat Arbitrator written by Matthew Bacon and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1731 with Arbitration and award categories.
The Compleat Arbitrator Or The Law Of Awards
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Author : Matthew Bacon
language : en
Publisher:
Release Date : 1770
The Compleat Arbitrator Or The Law Of Awards written by Matthew Bacon and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1770 with Arbitration and award categories.
Litigation Pleadings And Arbitration
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Author : Charles P. Nemeth
language : en
Publisher:
Release Date : 1990
Litigation Pleadings And Arbitration written by Charles P. Nemeth and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1990 with Forms (Law) categories.
Due Process As A Limit To Discretion In International Commercial Arbitration
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Author : Franco Ferrari
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2020-09-25
Due Process As A Limit To Discretion 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 2020-09-25 with Law categories.
The absence of a coherent body of case law on due process has increasingly motivated recalcitrant parties to use due process as a strategic tool, thereby putting at risk the prospect of obtaining an enforceable award in expeditious proceedings. Countering this inherent danger, here for the first time is a comprehensive study on due process as a limit to arbitral discretion, showing how due process applies in practice in key jurisdictions around the world. Based on country reports prepared by leading arbitration practitioners and academics, the book explores how courts in major arbitration jurisdictions apply due process guarantees when performing their post-award review. The contributors, driven by an interest in exploring the interplay between due process and efficiency, focus on those due process guarantees that set limits to arbitral discretion. Matters covered include the following: the right to be heard and how it may be affected by submission deadlines, evidentiary offers by the opposing party, and directions to the parties as to which aspects require further pleading; the right to be treated equally and its interplay with the duty to give each party full opportunity to present its case and to comment on submissions and evidence filed by the other party; the duty to effect proper notice, including delivery and language issues; the independence and impartiality of arbitrators with a focus on when an arbitrator’s conduct can become the basis for a successful challenge; and courts’ standards of deference when examining issues arising at the post-award stage. An introductory general report thoroughly analyses the normative basis of due process and its interplay with party autonomy, as well as applicable standards of review and commonalities among manifestations of due process across jurisdictions. A signal contribution to the debate regarding the so-called due process paranoia affecting arbitral tribunals – a topic relevant in every single arbitration proceeding – this book provides practical guidelines on how to maintain the balance between due process and efficiency and how to apply due process and counteract its misuse in arbitration proceedings. It will be welcomed by counsel, arbitrators, and judges from all countries, as well as by academics and researchers concerned with international commercial arbitration.
The Compleat Arbitrator Or The Law Of Awards
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Author : Matthew Bacon
language : en
Publisher:
Release Date : 1770
The Compleat Arbitrator Or The Law Of Awards written by Matthew Bacon and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1770 with Arbitration and award categories.
California Forms Of Pleading And Practice Annotated
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Author :
language : en
Publisher:
Release Date : 2006
California Forms Of Pleading And Practice Annotated written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Civil procedure categories.
Fact Finding In International Arbitration
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Author : Julian Bickmann
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2022-12-09
Fact Finding In International Arbitration written by Julian Bickmann 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 2022-12-09 with Law categories.
Establishing a factual basis on which to apply the law can be an extraordinarily challenging process, and perhaps more so in international arbitration than in any other proceedings, due to the very different notions of fact-finding that prevail among jurisdictions. This important book assesses, for the first time, the contours of an emerging transnational law of fact-finding that promises to greatly enhance the efficiency and reliability of this crucial arbitral procedure. In his analysis, focusing on bases that reflect current (but fluid) transnational practice, the author assembles a viable lex evidentiae from an in-depth examination and synthesis of the following bodies of source material: published arbitration proceedings and awards; the general framework of fact-finding issues as provided for under the arbitration acts of England and Wales, the United States, Germany, Brazil, Spain, Switzerland, Austria, and Italy, as well as under the Model Law; fact-finding stipulations under UNCITRAL Arbitration Rules as well as under various institutional rules; soft law (such as the IBA Rules, Prague Rules, ALI/UNIDROIT Principles of Transnational Civil Procedure); best practices as captured by legal commentary; and investment arbitration proceedings, where many decisions and awards are nowadays publicly available. In the course of the analysis, a comprehensive description and analysis of what fact-finding entails, including both gathering of facts and taking of evidence, is fully elaborated. Given that it is an essential task of international arbitration proceedings to define the disagreements between the parties and seek to determine the truth, the international arbitration community must be able to rely on a robust, consistent, and predictable, albeit flexible and adaptive, set of fact-finding rules. Against this background, the present study not only provides a stocktaking of current practice but also makes a signal contribution to meeting the need for legal certainty and reliability in international arbitration.
Handbook Of Arbitration Practice
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Author : Ronald Bernstein
language : en
Publisher:
Release Date : 1987
Handbook Of Arbitration Practice written by Ronald Bernstein and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1987 with Law categories.