The Regulation Of International Commercial Arbitration
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International Commercial Arbitration And The Brussels I Regulation
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Author : Louise Hauberg Wilhelmsen
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018-04-27
International Commercial Arbitration And The Brussels I Regulation written by Louise Hauberg Wilhelmsen 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 2018-04-27 with Law categories.
The Brussels I Regulation, which ensures the free circulation of judgments within the EU, was recently revised; one of the main issues addressed was whether the Regulation affects the efficient resolution of international commercial disputes through arbitration within the Union. This book provides an in depth examination of the interface between the Regulation and international commercial arbitration. The author demonstrates that the consequences of this interface can encourage the use of delaying tactics, hampering the efficient resolution of international disputes.
The Regulation Of International Commercial Arbitration
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Author : João Ilhão Moreira
language : en
Publisher: Bloomsbury Publishing
Release Date : 2024-07-25
The Regulation Of International Commercial Arbitration written by João Ilhão Moreira and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-07-25 with Law categories.
This book addresses how the regulation of international commercial arbitrators takes place. International commercial arbitrators are a unique category of service providers because they are not organised as other professionals such as accountants, lawyers and doctors. The book provides an overview of how and why the regulation of international commercial arbitrators diverged from that of other professions. It also argues that, despite these differences, there is an effective regulatory environment overseeing the behaviour of international commercial arbitrators. The book unpicks the different elements that contribute to the creation and enforcement of professional norms in this field. It explains how the specific characteristics of the arbitral market create strong incentives for ethical norms to be created, even in the absence of the institutions that usually address these issues in other fields. It also describes how market and social forces drive arbitrators to comply with these norms in most circumstances. Finally, the book addresses the ways in which this regulatory system also explains some of the perceived weaknesses of arbitration, namely the rising costs of proceedings and the perceived unfairness of appointments.
International Contracts And National Economic Regulation Dispute Resolution Through International Commercial Arbitration
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Author : Mahmood Bagheri
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2000-12-06
International Contracts And National Economic Regulation Dispute Resolution Through International Commercial Arbitration written by Mahmood Bagheri 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 2000-12-06 with Business & Economics categories.
The growth of national economic regulation and the process of globalisation increasingly expose international transactions to an array of regulations from different jurisdictions. These developments often contribute to widespread international contractual failures when parties claim the incompatibility of their contractual obligations with regulatory laws. The author challenges conventional means of dispute resolution and argues for an interdisciplinary approach whereby disciplines such as international economic law, conflict of laws, contract law and economic regulations are functionally united to resolve international and multifaceted regulatory disputes. He identifies the normative foundation of contract law as an important determinant in this process, contending that contract law is essentially neutral and underpinned by the concept of corrective justice, while economic regulations are mainly prompted by distributive justice. Applying this corrective/distributive justice dichotomy to international contracts, the author critically assesses major conflict of laws approaches such as `proper law', `the Rome Convention' and `governmental interest analysis', which could disregard either public interest or private rights. The author, taking these theories into account, proposes an alternative two-dimensional interest analysis approach. He tests the viability of this approach with reference to arbitral awards and court decisions in various jurisdictions and concludes that it uniquely fits into the structure of international commercial arbitration. In adopting this approach arbitrators would take into account both corrective and distributive justice, and to the extent that corrective justice prevails, would be able to avert a total failure of the contract.
Overriding Mandatory Rules In International Commercial Arbitration
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Author : Hossein Fazilatfar
language : en
Publisher: Edward Elgar Publishing
Release Date : 2019-12-27
Overriding Mandatory Rules In International Commercial Arbitration written by Hossein Fazilatfar 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 2019-12-27 with Law categories.
Overriding Mandatory Rules in International Commercial Arbitration discusses the applicability of mandatory rules of law in international commercial arbitration and addresses the concerns of the arbitrators and judges at various stages of arbitration and the enforcement of the award.
Conflict Of Laws In International Arbitration
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Author : Franco Ferrari
language : en
Publisher: Walter de Gruyter
Release Date : 2010-12-23
Conflict Of Laws In International Arbitration written by Franco Ferrari and has been published by Walter de Gruyter this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-12-23 with Law categories.
Irrespective of the increasing harmonization of law at the transnational level, every arbitration raises a number of confl ict of laws problems relating to procedural questions as well as to issues concerning the merits of the case. Unlike a state court judge, the arbitrator has no "lex fori" in the proper sense providing the relevant confl ict rules to determine the applicable law. This raises the question of what confl ict of laws rules to apply and, consequently, of the extent of the freedom the arbitrator enjoys in dealing with this and related issues. The best example of the importance of confl ict of laws questions in arbitration is the Vivendi-Elektrim saga where the outcome of the various proceedings depended on the question of characterization. This very beneficial book is dealing with - the arbitration agreement, - the jurisdiction of the arbitral tribunal, - the law applicable to the merits and - the arbitration procedure.
International Commercial Arbitration In Spain
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Author : Miguel Gomez Jene
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2019-10-31
International Commercial Arbitration In Spain written by Miguel Gomez Jene 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 2019-10-31 with Law categories.
International Commercial Arbitration in Spain Miguel Gómez Jene Although this book will be of inestimable value to comparative law and arbitration specialists, it provides especially useful guidance for practitioners confronting specific questions during an arbitration with a seat in Spain or an award to be enforced in Spain. The author, a prominent Spanish lawyer and legal scholar, describes in detail all the relevant areas of international commercial arbitration under Spanish and applicable European and international law, with a rigorous analysis of the international, comparative, and internal jurisprudence embedded in Spanish regulation of international commercial arbitration. Twelve expository chapters explicitly follow the scheme of the Spanish Arbitration Act, and two introductory chapters cover the international and European instruments of international commercial arbitration as applied in Spain. The author covers such key principles and customary practices as the following: criteria to determine internationality; formal validity and effects of arbitration agreements; communications, service and computation of time limits; arbitrability; appointment, selection and removal of arbitrators; cases in which an arbitrator may be held liable; when an arbitrator may grant interim measures; pleading and evidence of foreign law; effect of insolvency; limitation of judicial intervention and court jurisdiction; judicial proceeding to set aside an arbitral award; and recognition and enforcement of arbitral awards. An up-to-date, indispensable tool for all professionals working in the world of international arbitration, this one-of-a-kind book will be welcomed by arbitrators, lawyers practising as counsel or arbitrators, global law firms, companies doing transnational business, arbitration academics and international arbitration centres.
International Arbitration And International Commercial Law
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Author : Stefan Kröll
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2011-04-26
International Arbitration And International Commercial Law written by Stefan Kröll 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 2011-04-26 with Law categories.
Over the last half-century, as UNCITRAL official, professor, arbitrator and father of the Willem C. Vis Arbitration Moot, Eric Bergsten has been at the forefront of progress in international commercial arbitration. Now, on the occasion of his eightieth birthday, the international arbitration and sales law community has gathered to honour him with this substantial collection of new essays on the many facets of the field to which he continues to bring his intellect, integrity, inquisitive nature, eye for detail, precision, and commitment to public service. Celebrating the long-standing and sustained contribution Eric Bergsten has made in international commercial law, international arbitration, and legal education, more than fifty colleagues – among them quite a few of the best-known arbitrators and arbitration academics in the world – present 45 pieces that, individually both engaging and incisive, collectively present a thorough and far-reaching account of the state of the field today, with contributions covering international sales law, commercial law, commercial arbitration, and investment arbitration. In addition, nine essays on issues in legal education mirror the great importance of the renowned Willem C. Vis International Commercial Arbitration Moot, Eric’s Vienna project which has offered a life-changing experience for so many young lawyers from all over the world.
International Commercial Arbitration
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Author : Mark Huleatt-James
language : en
Publisher: L L P
Release Date : 1999-01-01
International Commercial Arbitration written by Mark Huleatt-James and has been published by L L P this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-01-01 with Arbitration and award, International categories.
This text provides a concise overview of arbitration and offers guidance on the most important legal and practical questions which face the practitioner involved in an arbitration. The book includes: the applicability of the laws of individual countries; international conventions and bilateral treaties and their relevance to the arbitral process; the arbitration agreement and how an enforceable agreement can be created and enforced, with reference to both institutional arbitration, such as governed by AAA, ICC and LCIA and ad-hoc arbitration; and the arbitral process, from appointment of the tribunal to the award and its enforcement. The jurisdiction, powers and obligations of the tribunal are also examined in detail. The book also examines the role of UNCITRAL in overcoming the lack of unformity in the laws and rule relating to international commercial arbitration.
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.
Law And Practice Of International Commercial Arbitration
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Author : Alan Redfern
language : en
Publisher: Sweet & Maxwell
Release Date : 2004
Law And Practice Of International Commercial Arbitration written by Alan Redfern and has been published by Sweet & Maxwell this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Law categories.
Highly acclaimed by practitioners all over the world, Law & Practice of International Commercial Arbitration has deservedly become the leading text in its field. With its comprehensive review of the legal context within which international commercial arbitration operates, Redfern & Hunter is the ultimate user-friendly explanation of how arbitration, and in particular international commercial arbitration, works. The 4th edition has been expanded to give a wider global scope to the work. Readers can also benefit from the expert insight and advice of world-renowned international practitioners. international practitioner * Contains a comprehensive review of the international commercial arbitration process from start to finish * Includes commentary on suitable places of arbitration, developments in international trade law and the increasing harmonisation of national laws governing international arbitration * Appendices include the major international rules of arbitration and conventions * Explains how arbitration should be conducted to be cost effective and profitable * Fully updated to take account of the latest developments all over the world - including a new chapter on investment arbitrations