The Question Of Arbitrability
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Arbitrability
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Author : Loukas A. Mistelis
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2009-01-01
Arbitrability written by Loukas A. Mistelis 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 2009-01-01 with Law categories.
It often seems today that no dispute is barred from resolution by arbitration. Even the fundamental question of whether a dispute falls under the exclusive jurisdiction of a judicial body may itself be arbitrable. Arbitrability is thus an elusive concept; yet a systematic study of it, as this book shows, yields innumerable guidelines and insights that are of substantial value to arbitral practice. Although the book takes the form of a collection of essays, it is designed as a comprehensive commentary on practical issues that emerge from the idea of arbitrability. Fifteen leading academics and practitioners from Europe and the United States each explore different facets of arbitrability always with a perspective open to international developments and comparative evaluation of standards. The presentation falls into two parts: in the first the focus is on the general features of arbitrability, its rationale and the laws applicable to it. In the second, arbitrability is specifically examined in the context of administrative, criminal, corporate, IP, financial, commercial, and criminal law This book has its origins in an International Conference on Arbitrability held at Athens in September 2005. Seven papers presented there are here reviewed and updated, and nine others are added. The subject of the book and arbitrability and is one that is much talked about, but seldom if ever given the in-depth treatment presented here. Arbitrators and other practitioners in the field will welcome the way the analysis moves logically from theory to practice regarding every issue, and academics will recognize a definitive treatment of arbitrability as understood and applied in the settlement of disputes today.
The Question Of Arbitrability
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Author : Mark M. Grossman
language : en
Publisher: ILR Press
Release Date : 1984
The Question Of Arbitrability written by Mark M. Grossman and has been published by ILR Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1984 with Arbitrators, Industrial categories.
This guide intended for unions, management, arbitrators, lawyers & individuals affected by the grievance process, analyzes the key elements of arbitrability. The author comments on more than 200 case law decisions.
The Question Of Arbitrability
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Author : Russell Andrew Smith
language : en
Publisher:
Release Date : 1962
The Question Of Arbitrability written by Russell Andrew Smith and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1962 with Arbitration, Industrial categories.
Arbitrability
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Author : Fabien Gélinas
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2023-11-17
Arbitrability written by Fabien Gélinas 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 2023-11-17 with Law categories.
As simple as the arbitrability question might appear (namely, what types of issues may and may not be submitted to arbitration), for a legal system to set a clear and consistent approach to arbitration, it must consider many complicated factors that relate to public policy and economic priorities as well as international relations. This comprehensive, precise, and practical book identifies and analyzes the fundamentals of, and major approaches to, arbitrability in the current international context. The authors focus on nine major arbitration jurisdictions—the United States, Canada, France, England and Wales, Switzerland, Germany, China (Mainland), Hong Kong, and Singapore—with meticulous attention to each jurisdiction’s pertinent case law and legislative framework as well as relevant commentary. For each jurisdiction, the arbitrability of disputes in the following fields of law is discussed: antitrust/competition; bankruptcy/insolvency; consumer; corporate; family/domestic relations; intellectual property (copyright, patent, and trademark); labor/employment; securities; and torts. Based on the jurisdiction-by-jurisdiction analysis, the authors identify key areas in which the selected jurisdictions share similarities and evince differences with respect to each of the above-mentioned fields. With a structure that enables readers to easily locate what they are looking for and gives clear-cut answers, this unique book fully elucidates the notion of arbitrability by identifying the key concepts, the applicable rules, and different criteria for arbitrability and by explaining how different jurisdictions deal with specific types of disputes. It will be welcomed by counsel, arbitrators, judges, students, and academics active in international arbitration and the enforcement of arbitral awards.
The Allocation Of Power Between Arbitral Tribunals And State Courts
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Author : Alan Scott Rau
language : en
Publisher: BRILL
Release Date : 2019-03-25
The Allocation Of Power Between Arbitral Tribunals And State Courts written by Alan Scott Rau and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-03-25 with Law categories.
The ultimate question that runs through all of our law of arbitration is the allocation of responsibility between state courts and arbitral tribunals : If private tribunals assume the power to bind others in a definitive fashion, we must ask, where does this authority come from ? Fundamentally different in this respect from a state judge, a private arbitrator may only derive his legitimacy from that exercise of private ordering and self-government which characterizes any voluntary commercial transaction. This work begins then with the dimensions of that “consent” which alone can justify arbitral jurisdiction. The discussion is then carried forward to explore how party autonomy in the contracting process may be expanded, giving rise to the voluntary reallocation of authority between courts and arbitrators. It concludes with the necessary inquiry into the autonomy with respect to the “chosen law” that will govern the agreement to arbitrate itself.
Pervasive Problems In International Arbitration
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Author : Loukas A. Mistelis
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2006-01-01
Pervasive Problems In International Arbitration written by Loukas A. Mistelis 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.
"This important book will be of great interest to arbitration lawyers, international lawyers and business people, as well as to academics, libraries, and students of dispute resolution."--Publisher's website.
The Fundamentals Of International Commercial Arbitration
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Author : Niek Peters
language : en
Publisher: Maklu
Release Date : 2017-10-30
The Fundamentals Of International Commercial Arbitration written by Niek Peters and has been published by Maklu this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-30 with Arbitration and award categories.
Written from a comparative perspective, with an eye for international conventions and instruments, this book deals with the particulars of international commercial arbitration. In an easily accessible manner it amongst others considers: • the characteristics of international commercial arbitration • advantages and perceived disadvantages of international commercial arbitration • pros and cons of ad hoc and institutional arbitration • laws applicable in international commercial arbitration • essentials of the arbitration agreement and questions of arbitrability • the establishment and composition of the tribunal • the duty to disclose conflicts of interests and the challenge of arbitrators • the end of the arbitrators’ mandate and their replacement • the organisation of the arbitration • powers, duties and liability of arbitrators • the jurisdiction of arbitrators • the course of the arbitration proceedings, from the request for arbitration to the award, including questions of evidence and document production • the form and contents of awards • recognition, enforcement and annulment of awards Everything is presented practically and analytically, amongst others drawing on case law different and the experience of the author. Where indicated national arbitration acts as well as various predrafted arbitration rules are compared and differences are highlighted. For those who want to get acquainted with international commercial arbitration or seek guidance with regard to a specific question that may arise in the course of an international commercial arbitration this book provides a convenient work.
International Arbitration And Private International Law
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Author : George A. Bermann
language : en
Publisher: BRILL
Release Date : 2017-05-15
International Arbitration And Private International Law written by George A. Bermann and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-05-15 with Law categories.
No field of legal scholarship or practice operates in the world of private international law as continuously and pervasively as does international arbitration, commercial and investment alike. Arbitration’s dependence on private international law manifests itself throughout the life-cycle of arbitration, from the crafting of an enforceable arbitration agreement, through the entire arbitral process, to the time an award comes before a national court for annulment or for recognition and enforcement. Thus international arbitration provides both arbitral tribunals and courts with constant challenges. Courts may come to the task already equipped with longstanding private international law assumptions, but international arbitrators must largely find their own way through the private international law thicket. Arbitrators and courts take guidance in their private international law inquiries from multiple sources: party agreement, institutional rules, treaties, the national law of competing jurisdictions and an abundance of “soft law”, some of which may even be regarded as expressing an international standard. In a world of this sort, private international law resourcefulness is fundamental.
Arbitration In A Nutshell
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Author : Thomas E. Carbonneau
language : en
Publisher: West Academic Publishing
Release Date : 2007
Arbitration In A Nutshell written by Thomas E. Carbonneau and has been published by West Academic Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.
The Nutshell on Arbitration Law is a concentrated summary of all the major aspects of the U.S. law of arbitration. It addresses the major facets of the law---for example, freedom of contract, federal preemption, and wide-ranging arbitrability---with a thorough sense of the relevant case law and the ultimately applicable legal rules. It identifies the various forms of arbitration---labor, commercial, employment, consumer, and securities---with a full awareness of their unifying characteristics and the features that make them unique. The volume also states the various dimensions of the current debate about arbitration within the court system and the legislature. In particular, the book highlights the instrumental role of the U.S. Supreme Court in bringing arbitration to a new day. The book is concise and complete---a must red for anyone interested in arbitration.
Cases And Materials On Commercial Arbitration
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Author : Thomas E. Carbonneau
language : en
Publisher: Juris Juris
Release Date : 1998
Cases And Materials On Commercial Arbitration written by Thomas E. Carbonneau and has been published by Juris Juris this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Law categories.
Cases & Materials covers all essential aspects of the arbitral process & are divided between commentary & texts. The book accomplishes both an informational & analytical function. Cases & statutes are followed by extensive & rigorous evaluations. While focusing principally on domestic arbitration within the United States, the work does not ignore either the cross-border or the comparative dimensions of arbitral dispute resolution. The Materials address a number of procedural questions that have arisen in practice & emphasize, as critically important, the drafting of arbitration agreements & counseling on matters of arbitration. "The book begins with considerable attention to the theoretical basis for enforcing arbitration agreements & awards. In this connection, Carbonneau respects & explains the vital distinction between labor & commercial disputes better than many judges & scholars have done. Two chapters are spent on the important issue of how federalism affects arbitration law. An excellent chapter on arbitration & statutory rights takes the reader through the doctrinal evolution of "subject matter arbitrability," both in the traditional problems areas of securities & antitrust, & in the more current hot topics of age & sex discrimination in employment. Four chapters deal with international aspects of arbitration, including a look at arbitration law in several non-American jurisdictions, & an examination of treaty-created arbitration under NAFTA, the Iran Claims Tribunal & the Iraqi War Claims Commissions. The book's great strengths are twofold. First, its encyclopedic completeness misses no major case. Second, Professor Carbonneau devotes an almost loving attention to detail in his clear introductions & carefully weighed analytic comments & questions. With grace, elegance & style, Professor Carbonneau has put together a superb work on American arbitration law. His materials would be a bargain even at twice the price." William W. Park Professor of Law, Boston University Counsel, Ropes & Gray, Boston Vice President, London Court of International Arbitration "Tom Carbonneau's 'Cases & Materials on Commercial Arbitration' is a major contribution to the literature on arbitration. ... it contains not only excerpts of the most important U.S. cases on arbitration but also extensive commentary & analysis that will prove invaluable to practitioners, policy makers & academics who are already familiar with the field. The documentary supplement will also prove immensely valuable, particularly to those who are interested in international arbitration practice. Jean R. Sternlight Professor of Law, Florida State University Director of Education & Research, Florida Dispute Resolution Center.