Value Judgments In Arbitration
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Value Judgments In Arbitration
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Author : Brook I. Landis
language : en
Publisher: Cornell University Press
Release Date : 1977
Value Judgments In Arbitration written by Brook I. Landis and has been published by Cornell University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1977 with Business & Economics categories.
Monograph comprising a case study of decisions made by saul wallen in the arbitration of labour disputes in the USA - covers historical aspects, grievance procedure, the fundamental rights of employers, employees and trade unions, etc. Bibliography pp. 174 to 182 and references. Biography wallen s. Arbitrator.
Arbitral Value Judgments In Health And Safety Disputes
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Author : James A. Gross
language : en
Publisher:
Release Date : 1985
Arbitral Value Judgments In Health And Safety Disputes written by James A. Gross and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1985 with Arbitration, Industrial categories.
Enforcement Of Foreign Arbitral Awards And Judgments In New York
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Author : Andreas A. Frischknecht
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2016-04-24
Enforcement Of Foreign Arbitral Awards And Judgments In New York written by Andreas A. Frischknecht 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.
Merely obtaining a favorable arbitral award or judgment at the end of a dispute holds little value unless the prevailing party is able to enforce it. This book, more thoroughly than any other source, shows practitioners how to navigate the relevant laws in New York—a leading global financial center known for its pro-enforcement policies and the powerful discovery tools it makes available to creditors. No other resource explores the current state of the law in New York as comprehensively as this book. Beyond its sheer practical significance given the likelihood of debtors having assets in (or routing U.S. dollar transactions through) New York, this book provides creditors and their counsel with the critical information they need to define their global enforcement strategy and facilitate their enforcement efforts not only in New York but potentially worldwide. Among the issues and topics that the book tackles are the following: • review of the fundamentals of U.S. practice and procedure for non–New York practitioners; • easy to understand, jargon-free explanation of the often daunting state and federal procedures for enforcement; • up-to-date, clear presentation of the relevant case law, including key state and federal decisions; • explanation of how state and federal laws intersect with international law; • review of significant recent developments impacting a creditor's ability to reach foreign defendants and their assets outside the U.S. in post-judgment execution proceedings; and • comprehensive advice on the practicalities of executing a judgment. Given the critical role New York plays in a host of cross-border transactions and its status as a hub for worldwide judgment and award enforcement, the demand to better understand the laws and judicial system within the state has never been higher. This comprehensive yet practical guide to navigating award and judgment enforcement in New York provides the understanding both the basics and the nuances in this area that is critical for any domestic or international practitioner when advising a client as to the likelihood of collection in or through New York.
Value And Judgment In Investment Treaty Arbitration
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Author : Frederic G. Sourgens
language : en
Publisher:
Release Date : 2018
Value And Judgment In Investment Treaty Arbitration written by Frederic G. Sourgens and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with categories.
Are international treaties consenting to the resolution of disputes between foreign investors and the host states to their investment still a good idea? Recent and not so recent criticism of such treaty provisions calls into question whether investor-state tribunals can act as neutral arbiters of such disputes. This criticism argues that tribunals are biased in favor of the business interests of investors -- and therefore disfavor the state's right to regulate. Responses to this criticism frequently have alleged the opposite: The arbitral tribunals constituted under international treaties are, if anything, too friendly towards the interests of states. They fail to protect the very economic interests of foreign investors that the treaties were designed to promote.
Third Party Effects Of Arbitral Awards
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Author : Maximilian Pika
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2019-07-11
Third Party Effects Of Arbitral Awards written by Maximilian Pika 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 2019-07-11 with Law categories.
The specialization and financial demand of global business render international transactions inherently multilateral and thus best effected through arbitration agreements. However, it often happens that – for various reasons, such as a debtor’s failure to pay damages ordered by an arbitral tribunal – third parties who did not consent to the original arbitration enter the scene. This is the first book to examine the binding effects of international commercial arbitral awards in follow-up disputes against third parties. It comprehensively analyses arbitral awards’ third-party effects under national arbitration laws, the New York Convention and private international law. Moreover, it proposes solutions under transnational law before both courts and arbitral tribunals. Applying a continuously comparative methodology that refers to specific statutory, jurisprudential and scholarly sources, this book explores the nature and implications of such aspects of third-party involvement as the following: the foundations of the doctrine of res judicata and its intrinsic connection to other tools of forum coordination; the distinction between res judicata before courts on the one hand and arbitral tribunals on the other; the application of non-mutual preclusion in favour of third parties; the potential for arbitral awards to constitute a fact in follow-up disputes; a comparison of rules and uncertainties on awards’ third-party effects under various national arbitration acts; preclusion agreements; the arbitration agreement’s scope; and judgments’ third-party effects as a shift of the participatory burden. For civil law, the author focuses on France and Switzerland (as predominant arbitral seats) and on Germany (as a Model Law example). Among common-law countries, he concentrates on England and Wales and on the United States. Statutory sources (with specific wording), leading cases and summaries of the most important scholarly discussions are all invoked. With its clear guidelines for matters currently not addressed in previous publications and likely to be raised in specific cases, this book will prove to be of immeasurable value for arbitration practitioners and academics in any jurisdiction. Business parties that seek to prevent contradicting decisions in multilateral transactions will appreciate the practically feasible alternatives it presents in the event of follow-up disputes involving third parties.
Commercial Arbitration In Australia
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Author : Doug Jones
language : en
Publisher: Lawbook Company
Release Date : 2011
Commercial Arbitration In Australia written by Doug Jones and has been published by Lawbook Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Arbitration agreements, Commercial categories.
Commercial Arbitration Law in Australia provides an essential and timely guide to domestic commercial arbitration in Australia following the 2010 decision by the Standing Committee of Attorneys-General (SCAG) to enact new uniform commercial arbitration acts in each jurisdiction. The new uniform legislation uses the UNICTRAL Model Law as its basis with deviations necessary for the Australian domestic setting and has already been enacted in New South Wales. These substantive and procedural changes to Australia's existing domestic arbitration law make a new and comprehensive text on this topic essential. Commercial Arbitration Law in Australia will provide the reader with: a background to the reform process, in-depth consideration of relevant case law from around the world, as influenced by the UNCITRAL Model Law, Australian jurisprudence on arbitration law and practice, A section-by-section commentary on the new Commercial Arbitration Act 2010 (NSW), which follows the SCAG's model provisions, and discussion of alternative forms of dispute resolution. This work is a 'must have' for anyone involved in commercial dispute resolution in Australia whether as a party to the arbitration, counsel, neutral or student.
Valuation For Arbitration
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Author : Mark Kantor
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2008-01-01
Valuation For Arbitration written by Mark Kantor 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 2008-01-01 with Law categories.
This book provides a clear understanding of the nuts and bolts of valuation approaches for business investments, including market, income and asset-based methods. It reviews tools that arbitrators may employ to reach their final compensation assessment on a principled basis. The bookands many practical recommendations explore the decision making processes entailed in three central aspects of the arbitratorands role: and advance planning to enhance understanding of expert valuation evidence; and identification of andapples-to-orangesand miscomparisons; and and recognition of the true comparability between the business at issue and other examples offered in the expert evidence. The presentation focuses not only on the legal standards applicable to the valuation (full or adequate compensation, reparations, restitution, actual loss, fair market value, fair or reasonably equivalent value, lost profits, etc.), but also on the informed judgment and reasonableness that must enter into the process of weighing the facts of each case and determining its aggregate significance. The book considers common valuation methods like discounted cash flows, adjusted present values, capitalized cash flows, adjusted book values and comparable sales and transactions. Additionally, it addresses means for arbitrators to assess expert valuation evidence in complex business investment disputes. andquot;Best book 2008 of the OGEMID awards!andquot;
Challenge And Disqualification Of Arbitrators In International Arbitration
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Author : Karel Daele
language : en
Publisher:
Release Date : 2012
Challenge And Disqualification Of Arbitrators In International Arbitration written by Karel Daele and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Law categories.
In this thoroughly researched study of the grounds and procedures involved in challenging an arbitrator, the author provides the first in-depth analysis of the pertinent rules, guidelines, and standards of all the major international arbitration tribunals, as well as relevant issues raised in national case law in the United States, France, England, Sweden and Switzerland. Among the matters addressed are the following: the arbitratorand’s duty to disclose and investigate conflicts of interest; the duty of the parties to investigate and inform the arbitrator of conflicts of interest; the formal and timing requirements of making a challenge; the challenge procedure and effect on the arbitral proceeding; the standard for disqualifying arbitrators; the consequences of a successful challenge; issues of independence giving raise to challenges, including multiple appointments, the arbitratorand’s relationship with a party/counsel in the arbitration and the relationship between the arbitratorand’s law firm and a party/counsel; issues of impartiality giving raise to challenges, including the membership of other tribunals, the conduct of the arbitration and the failure to disclose. In light of the continuing growth of international business and the manner in which it is conducted, this book will be of immeasurable practical value to parties in both business and government, as well as to international law firms and the arbitral community. As a detailed guide to evolving best practice and the general obligation to arbitrate in good faith, it has no peers.
Construction Arbitration In Central And Eastern Europe
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Author : Crina Baltag
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2019-12-11
Construction Arbitration In Central And Eastern Europe written by Crina Baltag 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 2019-12-11 with Law categories.
Construction Arbitration in Central and Eastern Europe Contemporary Issues Edited by: Crina Baltag & Cosmin Vasile The successful execution of a construction project is inextricably linked to the management of risks and the expeditious settlement of any disputes that may arise. In this regard, the wealth of experience gained by Central and Eastern European practitioners in dealing with complex issues arising in construction projects in the region is highly relevant to international arbitration. Thus, this timely book provides a combination of local expertise and cross-jurisdictional perspectives on topics that most often emerge in construction disputes and which resonate far beyond the specific region covered. The authors, all practitioners with significant expertise in international and domestic construction disputes in Central and Eastern European countries, focus on the following topics: the peculiarities of evidence in construction disputes; the probative value of dispute boards, as well as their enforceability; multi-party issues triggered by the participation of various stakeholders besides employer, contractor and subcontractors; provisional measures; arbitrability of contracts with public authorities; issues of liquidated damages; changes of legislation and costs over passage of time; time bar issues; and resolution of disputes related to construction projects as protected investments. Given the increasing number of disputes and the scarce resources available, this essential guide to contemporary topics in construction disputes, with its cross-border perspective, will prove invaluable to practitioners and to academics in the field of construction law and dispute resolution.
The Uncitral Model Law And Asian Arbitration Laws
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Author : Gary F. Bell
language : en
Publisher: Cambridge University Press
Release Date : 2018-10-04
The Uncitral Model Law And Asian Arbitration Laws written by Gary F. Bell 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 2018-10-04 with Language Arts & Disciplines categories.
Explores how the text and principles of the UNCITRAL Model Arbitration Law are implemented, or not, in key Asian jurisdictions.