Precedent In International Arbitration
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Precedent In International Arbitration
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Author : Emmanuel Gaillard
language : en
Publisher: Juris Publishing, Inc.
Release Date : 2008-06-01
Precedent In International Arbitration written by Emmanuel Gaillard 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 2008-06-01 with Law categories.
IAI Series No. 5 The International Arbitration Institute (IAI) series on international arbitration is a new periodic series of publications that will focus on cutting edge issues and developments in international arbitration. About the IAI: The International Arbitration Institute (IAI), an organization created under the auspices of the Comite Francais de l'Arbitrage (CFA), was created to promote exchanges international arbitration. The IAI is designed to promote exchanges on current issues in the field of international commercial arbitration. Its activities include the regular organization of international conferences, colloquiums, as well as conducting various research projects. About the book: Arbitrators routinely refer in their decisions to awards rendered by other arbitral tribunals that deal with the same issues. However natural it may seem to arbitrators and to parties who will refer to arbitral precedents in an attempt to support their position, such an approach raises many practical and theoretical questions: Is there such a thing as arbitral precedent? What weight should arbitrators give to decisions previously rendered by other arbitral tribunals? Can arbitral "case law" exist without consistency? Does such consistency exist? Is it necessary or simply desirable? What is the respective weight to be given to arbitral and national case law when arbitrators have to decide a case in accordance with a given law? These are some of the questions that this book explores, in the context of both international commercial arbitration and investment arbitration.
Judicial Precedent And Arbitration Are Arbitrators Bound By Judicial Precedent
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Author : Guilherme Rizzo Amaral
language : en
Publisher:
Release Date : 2018
Judicial Precedent And Arbitration Are Arbitrators Bound By Judicial Precedent written by Guilherme Rizzo Amaral and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Arbitration and award categories.
One of the cornerstones of arbitration is the finality of arbitral awards. Saving rare exceptions, arbitral awards cannot be subject to challenges based on the arbitrator's errors of law. Furthermore, there is no hierarchy between arbitral tribunals and judicial courts, nor are arbitrators part of any judicial system. Thus, if arbitrators are not part of any hierarchical scheme and if there is no challenge or appeal available against their errors of law, how could one say that arbitrators have a duty to follow judicial precedents? Besides, when individuals agree to solve their disputes outside the judicial arena, should they expect a private arbitrator to abide by the same standards of a system they have just avoided? Is the choice for arbitration not a choice for an entirely different legal system, unbound by the so-called judge-made law? This book attempts to answer those questions by presenting a comprehensive guide to the relation between judicial precedents and arbitration in the United States, the United Kingdom and in Brazil, as well as in international arbitration as a whole. In its second edition, the book offers an Appendix on Chinese Guiding Cases and Arbitration.
International Investment Law
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Author : Tarcisio Gazzini
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2012-08-22
International Investment Law written by Tarcisio Gazzini 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 2012-08-22 with Law categories.
Transnational investment involves a variety of actors (States, public and private legal entities, and natural persons) whose relationships are governed by rules and legal instruments belonging to different legal systems. This book provides a systematic study of the sources of rights and obligations in the field of transnational investment, and their coordination and interaction. It focuses primarily on the network of over 3,000 Bilateral Investment Treaties, international investment contracts, customary international law, the main multilateral treaties, national legislation, international case law and general principles of law. The book, firmly based on State practice, arbitral awards and national decisions, is indispensable to fully appraise the nature and content of the claims of private investors as well as to identify the law applicable in investment arbitration.
The Role Of Precedent
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Author : Carl Baudenbacher
language : en
Publisher: German Law Pubs
Release Date : 2011-01-01
The Role Of Precedent written by Carl Baudenbacher and has been published by German Law Pubs this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-01 with Law categories.
In October 2010, renowned authorities in the field of international dispute resolution from Europe, North America and Asia gathered in St.Gallen to discuss 'The Role of Precedent in Dispute Resolution'. While most observers associate precedent with common law and the stare decisis doctrine, some forms of precedent are nevertheless practiced in civil law jurisdictions and in international or supranational legal orders.
The Evolution Of International Arbitration
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Author : Alec Stone Sweet
language : en
Publisher: Oxford University Press
Release Date : 2017
The Evolution Of International Arbitration written by Alec Stone Sweet 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 2017 with Law categories.
This book charts and assesses the extent to which the major arbitration houses, including the International Chamber of Commerce and the International Centre for the Settlement of Investment Disputes, are evolving governance functions that would normally be associated with state courts.
Arbitral Awards As Investments
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Author : Maximilian Clasmeier
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2017-01-01
Arbitral Awards As Investments written by Maximilian Clasmeier 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 2017-01-01 with Law categories.
The rise of international investment arbitration has resulted in the emergence of a number of intriguing legal and political challenges. One of those is the question of whether or not arbitral awards may constitute investments pursuant to existing investment treaties. In approaching the problem, it is the interconnection between theory and practice that delivers solutions. This book presents the first detailed analysis of the existing tribunals’ approaches to date. In examining the principles of treaty interpretation, their application in arbitral practice, shortcomings and their ramifications and possible routes to improvement, the book addresses the following questions: - What is the foundation of interpretation in public international law and when is it adequately carried out? - Can arbitral awards constitute investments, offering relief from frustrated enforcement attempts? - Is there a trend of convergence of commercial and investment arbitration? - Do respective interpretative outcomes stem from adequate interpretation? - What are the ramifications, if interpretation is not fully adequate? - What are the feasible routes to greater interpretive discipline? The book is mindful of the underlying public international law principles, such as state sovereignty and the increasing legal and political dynamics of international investment law. This is the first in-depth treatise on arbitral awards’ qualification as investments within international investment law. Its detailed analysis of the interpretive approaches, their foundation and consequences will, from a theoretical and practical point of view, prove of great value to international tribunals, counsel and sovereign entities. Maximilian Clasmeier has gained international arbitration experience in the dispute resolution practices of international law firms in Frankfurt, Düsseldorf and Singapore and worked for the World Bank Group in Washington, D.C.
Establishing Judicial Authority In International Economic Law
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Author : Joanna Jemielniak
language : en
Publisher: Cambridge University Press
Release Date : 2016-07-12
Establishing Judicial Authority In International Economic Law written by Joanna Jemielniak 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 2016-07-12 with Law categories.
This book discusses how international judicial authority is established and managed in key fields of international economic law. Its unique legal-centric approach sees the consolidation of judicial authority as a universal trend and its broad international appeal makes it essential reading for researchers, practitioners and students alike.
Rules Of Evidence In International Arbitration
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Author : Nathan D. O'Malley
language : en
Publisher: Taylor & Francis
Release Date : 2013-06-19
Rules Of Evidence In International Arbitration written by Nathan D. O'Malley and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-06-19 with Law categories.
Rules of Evidence in International Arbitration: An Annotated Guide is a valuable reference for practitioners, arbitrators and in-house counsel involved in cross-border dispute resolution. Filled with examples drawn from arbitration case precedent, the book considers common issues and questions relating to evidentiary procedure. Features & Benefits: Focuses on evidentiary procedure with extensive case-based commentary and examples addressing common issues in international arbitration related to evidence Extensive annotations, which allow the reader to locate key precedents for use in practice Practitioner-focused, meaning common misconceptions and questions arising from the international arbitration procedure are addressed Organised in an easy-to-use style for quick reference This book will be an essential reference guide on evidence for practitioners of international arbitration. Filled with examples drawn from arbitration case precedent, the book considers common issues and questions relating to evidentiary procedure. Arbitrators and counsel will gain from this publication a better view of the best practices, accepted solutions to difficult procedural issues, and fundamental due process considerations which arise in connection with the use of evidence in international arbitration.
Handbook Of Icc Arbitration
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Author : Thomas H. Webster
language : en
Publisher: Sweet & Maxwell
Release Date : 2014
Handbook Of Icc Arbitration written by Thomas H. Webster and has been published by Sweet & Maxwell this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Law categories.
Handbook of ICC Arbitration provides expert analysis of the whole process of using and adhering to the ICC Arbitration Rules. It examines close up the diverse issues that can occur during an arbitration and hosts essential information related to arbitration on an international level with reference to published and unpublished awards and procedural orders, as well as to many decisions of national courts.
The Decision Making Process Of Investor State Arbitration Tribunals
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Author : Mary Mitsi
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2018-12-28
The Decision Making Process Of Investor State Arbitration Tribunals written by Mary Mitsi 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 2018-12-28 with Law categories.
In the course of a single investor-state dispute, an arbitrator may make numerous decisions, from interpreting the treaty or national laws to taking into account case law, customs and policies. In practice, this process raises important issues regarding the consistency of decisions and the predictability and legitimacy of the decision-making process in general. Investment arbitration tribunals have developed a specialised process of legal decision making adapted to the interpretational needs that arise in the context of an investor-state dispute and to the transnational characteristics of the investment arbitration framework. This is the first book to offer an in-depth analysis of the transnational characteristics of investment arbitration and to analyse the interpretive arguments of investment tribunals and the way they use treaties, precedent, policies, general principles of law and customary law in their decision-making process. Drawing on publicly available arbitral case law supplemented with personal interviews with investment arbitrators, the author touches on such concepts and practices as the following: - an overview of various decision-making genres of arbitral tribunals: attitudinal, economic, strategic and legal; - the legal argumentation triptych of language–rhetoric–dialogue; - the specific language arbitrators have developed when interpreting the law; - how arbitrators use the concepts 'standards', 'rules', 'principles' and 'rights'; - the importance of the legal reasoning of arbitral awards and the role of rhetoric therein; - concepts of 'acceptability', 'audience' and 'legitimacy'; - limitations of the public international law interpretive methodology enshrined in the Vienna Convention; - interpretation of precedents, customary law, general principles of law and policies; - the way national and international legal orders interact in the context of interpretation; and - how decision-making is connected to the issues of predictability, consistency and the rule of law. The core of the book proposes a novel, full- edged dialogical network theory for analysing the interpretation process. As an exemplary demonstration of developing theory to keep up with practice, this unique book provides a deeply engaged means for enhancing the practice of international arbitration. Its introduction of a new field of interdisciplinary analysis employing legal argumentation theories is sure to provide inestimable guidance for institutions and policymakers, especially in light of recent proposals for the creation of a permanent investment arbitration court. Given that unveiling the legal decision-making process is critical for the well-being of the whole dispute resolution procedure, and that being aware of how arbitrators interpret the law can constitute a roadmap for counsel's arguments and approaches when dealing with cross-border disputes, the topic of this book is relevant for both academics and practitioners, and its signifcance can only grow as recourse to investor-state arbitration continues to expand.