Provisional Measures In International Commercial Arbitration
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Interim Measures In International Commercial Arbitration
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Author : Association for International Arbitration
language : en
Publisher: Maklu
Release Date : 2007
Interim Measures In International Commercial Arbitration written by Association for International Arbitration and has been published by Maklu this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.
The Association for International Arbitration (AIA) was founded in order to promote Arbitration and increase the level of knowledge about Alternative Dispute Resolutions.This book is the result of a conference held in October 2007.The contributions are written by international experts and based on analytical insights and research of new tendencies that provide in-depth information.The theme is a vital issue for arbitration services users and practitioners and also an interesting topic for scholars and students.
Provisional Measures In International Commercial Arbitration
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Author : Ali Yeşilirmak
language : en
Publisher: International Arbitration Law
Release Date : 2005
Provisional Measures In International Commercial Arbitration written by Ali Yeşilirmak and has been published by International Arbitration Law this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Law categories.
Due to the nature of the arbitration process, provisional measures-especially interim protection of rights-tend to play a disproportionate role in international commercial arbitrations. Indeed, the need to clearly define such measures often constitutes the major stumbling block on the path to an effective resolution of a commercial dispute. This concise but enormously useful volume offers practitioners the information and advice they need to overcome this obstacle in the best possible way every time. The Author covers all the relevant avenues of research and practice, from an overview of the concept of provisional measures to an in-depth analysis of the weight and enforceability of such measures. Along the way the treatment covers such crucial topics and issues as the following: scholarly analysis of the problems and uncertainties surrounding provisional measures, and their solutions in light of arbitral and judicial practice; the complex interaction of historical prejudices, political will, and business needs that impact the usefulness of provisional measures; choice of forum to seek provisional measures and the problems associated with such choice; complementary mechanisms to arbitration for interim protection of rights; standards of principles and procedures for the grant of provisional measures; and a comprehensive review of the arbitrators' power to grant provisional measures and court assistance to arbitration. The presentation examines, compares, and analyses seventy sets of arbitration rules on provisional measures (including the arbitration rules of the ICC, AAA, and LCIA), all of the major state laws on commercial arbitration, and detailed analyses of numerous ICC and AAA awards, most of which have not been published before. This new and fully researched book fulfils and important need for user-friendly and complete practical coverage of provisional measures in international commercial arbitration. It wil be of great value to corporate counsel, international lawyers, and business people, as well as to students of dispute resolution.
Conservatory And Provisional Measures In International Arbitration
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Author : International Chamber of Commerce. Court of Arbitration
language : en
Publisher:
Release Date : 1993
Conservatory And Provisional Measures In International Arbitration written by International Chamber of Commerce. Court of Arbitration and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with Arbitration (International law) categories.
Provisional Measures Issued By International Courts And Tribunals
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Author : Fulvio Maria Palombino
language : en
Publisher: Springer Nature
Release Date : 2020-12-02
Provisional Measures Issued By International Courts And Tribunals written by Fulvio Maria Palombino and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-02 with Law categories.
This book makes a significant contribution to the comprehension of the law and practice of provisional measures issued by international courts and tribunals, including international commercial arbitration. After having analyzed the common features of provisional measures, it provides an overview of the peculiarities of these orders within the context of different international proceedings (e.g. the ICJ, the ITLOS, the CJEU, the ICC, human rights courts and investment arbitration). In this regard, the book is valuable in offering a broad and rigorous comparative analysis between the various forms of provisional measures. Owing to its original cross-cutting and case-driven approach, the book will be an essential tool for both scholars and practitioners dealing with the law of provisional measures in international adjudication. Indeed, this book will be an important novelty in international law libraries due to the broad range of regimes scrutinized and to a detailedanalysis of the general trends within the contemporary law of provisional measures. Fulvio Maria Palombino is Professor of International Law in the Department of Law at the University of Naples Federico II, Naples, Italy. Roberto Virzo is Associate Professor of International Law in the Department of Law, Economics, Management and Quantitative Methods (DEMM) at the University of Sannio, Benevento, Italy. Giovanni Zarra is Adjunct Professor of International Law in the Department of Law at the University of Naples Federico II, Naples, Italy.
Provisional And Emergency Measures In International Arbitration
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Author : Julien Fouret
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-07-01
Provisional And Emergency Measures In International Arbitration written by Julien Fouret and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-01 with Law categories.
The increase in the complexity and length of international arbitration procedures has resulted in a growing demand for both provisional and emergency measures to facilitate the preservation of the parties’ rights until a final award is rendered. In Provisional and Emergency Measures in International Arbitration, Julien Fouret has brought together many of the leading international arbitration practitioners to examine this highly topical subject.
Interim And Emergency Relief In International Arbitration International Law Institute Series On International Law Arbitration And Practice
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Author : Diora Ziyaeva
language : en
Publisher: Juris Publishing, Inc.
Release Date : 2015-05-01
Interim And Emergency Relief In International Arbitration International Law Institute Series On International Law Arbitration And Practice written by Diora Ziyaeva 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 2015-05-01 with Arbitration and award categories.
Interim and Emergency Relief In International Arbitration is a compilation of papers authored by some of the world’s leading international arbitration practitioners. It addresses issues relating to obtaining interim measure orders, including the relevant applicable standards such as irreparable harm that various international courts and tribunals, under the ICSID, UNCITRAL, ICC, SCC, and some domestic law jurisdictions often apply. It also touches upon theoretical and practical issues involving compliance with and enforcement of interim measures in international arbitration. These issues naturally are raised in the context of an ongoing discourse where tribunals have different, at times imperfect tactics for encouraging compliance with their interim measures including drawing adverse inferences, issuing diplomatic statements against a sovereign stopping just short of ordering interim measures, splitting the sum of security for costs and allowing for reimbursement, and levying heavier damages against the non-complying party without changing the substantive aspects of the award. This book explores these methods and identifies the latest trends in this exciting area of international law. Interim and Emergency Relief In International Arbitration is intended for arbitrators, practicing attorneys, representatives of international arbitral institutions and academics, all of whom will find this book very useful. The compilation of papers and presentations in the book cover a number of jurisdictions including East Asia, the Middle East, Europe and North America.
International Commercial Arbitration
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Author : A. J. van den Berg
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2003-01-01
International Commercial Arbitration written by A. J. van den Berg 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 2003-01-01 with Law categories.
The collected papers in ICCA Congress Series no. 11, as reflected in its title, address important contemporary questions in international commercial arbitration. Included are contributions written by participants in the UNCITRAL Working Group on Arbitration and Conciliation on its current work on the requirement of a written form for an arbitration agreement, interim measures of protection and UNCITRAL?s Model Law on International Commercial Conciliation. Further contributions give leading practitioners? views on illegality in the formation and performance of contracts or in the conduct of the arbitration, examining questions on how the arbitral tribunal should deal with these vexed issues and how forgery and fraud may be detected. The factors that lead to acceptance by parties of the decisions of arbitrators are dealt with in contributions on the psychological aspects of dispute resolution. The volume concludes with a series of articles on arbitration under investment treaties written by experienced arbitrators and practitioners, with special emphasis on ICSID and NAFTA and the emerging issues of transparency, accountability and review. Contains lengthy articles on the ongoing work of UNCITRAL on proposed amendments to the UNCITRAL Model Law on International Commercial Arbitration and the recently adopted Model Law on International Commercial Conciliation Details the current thinking on the requirement of an arbitration agreement in writing and how this can be accommodated by the UNCITRAL Model Law and the 1958 New York Convention Addresses the granting of interim measures by arbitral tribunals and their enforcement by national and foreign courts Analyzes issues raised by illegality in the formation and performance of contracts and in the conduct arbitrations and provides a systematic overview of the answers given by legislation, arbitrators and courts Provides insight into the attitudes of arbitrators and parties regarding dispute settlement processes Addresses the changing public perception of arbitration under investment treaties
Provisional Measures In International Commercial Arbitration
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Author : Tibor Varady
language : en
Publisher:
Release Date : 1989
Provisional Measures In International Commercial Arbitration written by Tibor Varady and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1989 with Arbitration and award categories.
Compendium Of International Commercial Arbitration Forms
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Author : Sigvard Jarvin
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2017-06-01
Compendium Of International Commercial Arbitration Forms written by Sigvard Jarvin 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 2017-06-01 with Law categories.
International arbitration of business disputes continues to rise dramatically. New people entering the international arbitration community on all continents require a systematic guide to avoid a mere trial-and-error approach. This book, first of its kind, with numerous practical examples of the drafting of documents for each step of an international arbitration proceeding, under different arbitration rules and in different countries, allows actual ready-to-adapt forms to be located quickly for any issue likely to arise and clearly illustrates the different drafting styles used in practice. In one volume, in a single place, scores of documents are provided, all originating from real cases. A brief sample includes inter aliathe following: • request for arbitration; • answer/counterclaim; • claimant’s reply to counterclaim; • terms of reference; • rules of procedure; • timetable for submissions; • procedural orders; • written pleadings/statement of claim/defence; • witness statements/depositions/affidavits; • requests/orders for the production of documents/discovery; • requests/orders on interim measures/security for costs; • hearings; • opening statement/closing statement; • submissions on costs; • awards/interim/partial/final/by consent; and • requests/decisions on correction and interpretation of awards. Explanatory comments on more complex forms help to raise the readers’ awareness on a specific issue or discussion. Emphasis throughout is on procedural aspects. No other book makes it so easy to find all the information necessary to prepare a case or take a decision in the context of international commercial arbitration. These forms will be of immeasurable value to corporate counsel, management in instructing outside counsel, practitioners dealing with international arbitration, lawyers, arbitrators, members’ organizations in industry and commerce, arbitration centres (especially newer ones in emerging markets), academic libraries and bar associations.
The Notion Of Award In International Commercial Arbitration
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Author : Giacomo Marchisio
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2016-04-24
The Notion Of Award In International Commercial Arbitration written by Giacomo Marchisio 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 2016-04-24 with Law categories.
International commercial arbitration relies extensively on the possibility of enforcing arbitral decisions against recalcitrant parties. Because courts and arbitration laws across the world take contrasting approaches to the definition of awards, such enforcement can be problematic, especially in the context of awards by consent, and the recent development known as ‘emergency arbitration’. In this timely and ground-breaking book, a young arbitration scholar takes us through the difficulties of defining the notion of arbitral award with a rare combination of theoretical awareness and attention to the procedural requirements of arbitral practice. In a framework using a comparative analysis of common law and civil law jurisdictions (specifically, England and France) and how each has regulated in different ways the equilibria between state justice and arbitral justice – and comparing each with the UNCITRAL Model Law – the book addresses such issues as the following: - the ‘judicialization’ of arbitration; - different models of arbitral adjudication and their impact on the notion of award; - what an award needs to contain to be enforceable; - awards on competence; - awards by consent; and - awards ante causam. The author employs a methodology that views arbitration as providing an institution for administering justice rather than as a purely contractual creature. To this end, rules of arbitral institutions (particularly the International Chamber of Commerce) are examined closely for their implications on what an award means. As a fresh look at the arbitral award by placing it in a broader context than is usually found, this book allows for a greater understanding of the functioning of international commercial arbitration. It is sure to become an international reference, and as such will be welcomed by arbitrators, practitioners at global law firms, companies doing transnational business, interested academics, and international arbitration centres in emerging markets.