The Constitution Of Arbitration
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Arbitration And The Constitution
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Author : Peter B. Rutledge
language : en
Publisher: Cambridge University Press
Release Date : 2013
Arbitration And The Constitution written by Peter B. Rutledge 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 2013 with Law categories.
Arbitration has become an increasingly important mechanism for dispute resolution, both in the domestic and international setting. Despite its importance as a form of state-sanctioned dispute resolution, it has largely remained outside the spotlight of constitutional law. This landmark work represents one of the first attempts to synthesize the fields of arbitration law and constitutional law. Drawing on the author's extensive experience as a scholar in arbitration law who has lectured and studied around the world, the book offers unique insights into how arbitration law implicates issues such as separation of powers, federalism, and individual liberties.
The Constitution Of Arbitration
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Author : Victor Ferreres Comella
language : en
Publisher: Cambridge University Press
Release Date : 2021-03-11
The Constitution Of Arbitration written by Victor Ferreres Comella 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 2021-03-11 with Law categories.
The first systematic study of the most important types of arbitration - and their limits - from a constitutional perspective.
S 1782 The Arbitration Fairness Act Of 2007
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Author : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution (2007- )
language : en
Publisher:
Release Date : 2008
S 1782 The Arbitration Fairness Act Of 2007 written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution (2007- ) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Arbitration agreements, Commercial categories.
Language And Translation In International Commercial Arbitration
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Author : Tibor Várady
language : en
Publisher: T.M.C. Asser Press
Release Date : 2006
Language And Translation In International Commercial Arbitration written by Tibor Várady and has been published by T.M.C. Asser Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.
With a foreword by Judge Thomas Buergenthal, International Court of Justice The present book is the first book-length monograph addressing practically all language issues likely to arise throughout the arbitration process and post-arbitration proceedings. International Commercial Arbitration is a transcultural venture and the need to bridge language differences is a part of the process. There are more and more cases in which procedural or alleged procedural deficiencies pertaining to language emerge as an issue with unforeseen and costly consequences. The author presents a comprehensive survey of questions related to language and translation in (post-)arbitral proceedings. The issues are systematized and answers to the questions are suggested and analyzed, relying primarily on arbitration and court cases, international agreements, statutes and institutional rules. As such, it allows the reader to find answers to specific questions, and also offers a distinctive comparative survey. The book provides guidance to both arbitrators and parties to arbitration as well as to judges and other participants in post-award proceedings. Tibor Varady is a Professor of Law at the Central European University, Budapest, and Emory University School of Law, Atlanta. He has been an arbitrator in no less than 200 cases. Professor Várady has been on the list of arbitrators of eight arbitral institutions in Europe, Africa and Asia.
Language And Translation In International Commercial Arbitration
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Author : Tibor Várady
language : en
Publisher: T.M.C. Asser Press
Release Date : 2014-12-03
Language And Translation In International Commercial Arbitration written by Tibor Várady and has been published by T.M.C. Asser Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-12-03 with Law categories.
Anyone who has acted as arbitrator or counsel in an arbitration in which more than one language was used, sat as judge on an international court that had more than one working language, or served on a drafting committee of a multi language treaty knows how many unexpected complications, both procedural and substantive, the 'language issue' can create. And the problems that arise in that context are not limited to those that relate to the choice of the most appro priate translation of a particular word or that arise from a later discovered trans lation error. Although finding the most appropriate translation for a given word or phrase to be used when drafting legal documents intended to be equally au thentic, for example, is by no means always an easy matter. Language issues can present innumerable more serious types of problems depending on a par ticular legal setting; they can also have unforeseen and costly consequences. In this thoroughly researched and carefully structured book, Professor Tibor Varady focuses on the variety oflanguage issues that can arise at different stages of international commercial arbitration proceedings. He also proposes sound and creative solutions designed to help the parties to the proceedings, their arbi trators and counsel to anticipate and resolve these problems. The result is, to my knowledge, the first book-length monograph on the subject that addresses all language issues likely to arise in international commercial arbitrations.
Constitution Arbitration And Courts
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Author : Georgios I. Zekos
language : en
Publisher:
Release Date : 2013
Constitution Arbitration And Courts written by Georgios I. Zekos and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Arbitration and award categories.
Dispute Resolution In Asia
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Author : Michael Charles Pryles
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2006-01-01
Dispute Resolution In Asia written by Michael Charles Pryles 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 2006-01-01 with Law categories.
Prized by practitioners since the first edition appeared in 1998, Dispute Resolution in Asia provides a much wider spectrum of Asian laws and approaches to dispute resolution than is traditional in comparative studies. It examines arbitration, litigation, and mediation in thirteen countries, with detailed practical essays each written by a senior lawyer with vast knowledge and experience of dispute resolution in his or her own country. Contributions vary in style and content and thus reflect the diversity of legal systems and cultures in Asia. The third edition of this popular book has been expanded by the inclusion of a chapter on Korea and a discussion of investment treaty arbitrations. All chapters have been revised and updated to incorporate recent developments, such as the enactment of relevant new legislation in Malaysia. Statistics on arbitration centres in Asia are also included. As a comprehensive practical guide to the practice and procedure of dispute resolution in the important trading countries of Asia, this book will be of great value to corporate counsel and international lawyers and business people, as well as to students of dispute resolution. For more information on the editor, Professor Michael Pryles, please visit his website http://www.michaelpryles.com
International Commercial Arbitration
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Author : Franco Ferrari
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-06-25
International Commercial Arbitration written by Franco Ferrari 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 2021-06-25 with Law categories.
This indispensable book offers a concise comparative introduction to international commercial arbitration (ICA). With reference to recent case law from leading jurisdictions and up-to-date rules revisions, International Commercial Arbitration offers a thorough overview of the issues raised in arbitration, from the time of drafting of the arbitration clause to the rendering of the arbitral award and the post-award stage.
Party Appointed Arbitrators In International Commercial Arbitration
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Author : Alfonso Gómez-Acebo
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2016-04-26
Party Appointed Arbitrators In International Commercial Arbitration written by Alfonso Gómez-Acebo 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 2016-04-26 with Law categories.
The agreement of disputing parties to each make a unilateral appointment of an arbitrator is among the most distinctive features of arbitral practice. A detailed examination, long overdue, of how this feature affects the actual process of arbitration is presented in this book. The study includes a historical analysis of unilateral nominations, a critical assessment of how the unilateral appointments system currently works and an empirical study of challenges of arbitrators. The author's critical assessment addresses several issues including: - limits to the right of the parties to make unilateral appointments; - the principle of equality of the parties in the constitution of the arbitral tribunal; - arbitrators’ duty to be impartial and independent; - specific problems of bias in tribunals with party-appointed members; - the question of whether a different standard of impartiality and independence in party-appointed arbitrators makes any sense; - the presumption that party-appointed arbitrators can do things that presiding arbitrators cannot; and - the question of whether it is worth keeping the system of unilateral appointments as the default method for the constitution of multiple-member tribunals, or keeping it at all. The empirical study, in which the author offers a comparative analysis of challenges of arbitrators taking into account the method of appointment of the arbitrator, reveals interesting differences and coincidences between party-appointed and non-party-appointed arbitrators. The book ends with some suggestions on how the system of unilateral appointments could be improved, namely in order to increase the trust of each party in the arbitrator appointed by the other party and to allow an accurate match between what arbitration end-users may want from party-appointed arbitrators and what they ultimately get. For both its thorough and well-informed analysis and its sound recommendations, the book is sure to be welcomed by professionals in the arbitral community worldwide, as well as by arbitration law academics.
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.