Austrian Yearbook on International Arbitration 2022
Author: Christian Klausegger
Publisher:
Published: 2022
Total Pages:
ISBN-13: 9783727220852
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Austrian Yearbook on International Arbitration 2022
Author: Christian Klausegger
Publisher:
Published: 2022
Total Pages: 0
ISBN-13: 9783214164997
DOWNLOAD EBOOKSelected Papers on International Arbitration
Author: Daniel Girsberger
Publisher: Stämpfli Verlag
Published: 2023-01-31
Total Pages: 190
ISBN-13: 372722195X
DOWNLOAD EBOOKThe SAA Series on International Arbitration contains the best graduation papers of all participants who successfully completed the post graduate studies in international arbitration of the SAA Swiss Arbitration Academy. The papers cover different aspects of international arbitration. The Swiss Arbitration Academy is a private institution founded and managed by the editors of this volume. Each year, the SAA offers and conducts an intensive and practical course in international arbitration. The training is designed for lawyers, in-house counsel, and other professionals interested in cutting edge international dispute resolution education. All participants who successfully complete the course, which includes the submission of the final paper, are awarded with the Certificate of Advanced Studies in Arbitration (CAS in Arbitration) and the Arbitration Practitioner title (ArbP).
The Global Community Yearbook of International Law and Jurisprudence 2023
Author: GLOBAL COMMUNITY: YEARBOOK OF INTERNATIONAL LAW AND JURISPRUDENCE.
Publisher: Oxford University Press
Published: 2024-11-05
Total Pages: 833
ISBN-13: 0197795390
DOWNLOAD EBOOKThe Global Community Yearbook of International Law and Jurisprudence features an annual review of global issues and legal developments from international courts and tribunals. The 2023 edition explores threats to democracy and the environment, international reparations issues, the implications of the Russia-Ukraine and Israel-Palestine conflicts pertaining to international law, and the legality of the ECOWAS's intervention in Niger, among other topics.
Stockholm Arbitration Yearbook 2023
Author: Patrik Scholdstrom
Publisher: Kluwer Law International B.V.
Published: 2024-01-16
Total Pages: 540
ISBN-13: 9403503688
DOWNLOAD EBOOKEach year, Stockholm is the arbitration seat of choice for numerous parties endeavouring to resolve international disputes. It is the second most used venue for investment disputes, and it is often the venue for disputes arising from the Energy Charter Treaty. This annual publication, launched under the auspices of the Stockholm Centre for Commercial Law, is designed to meet the information needs of arbitration practitioners and parties from all over the world. The present edition’s topics include: arbitration and EU sanctions against Russia; the ins and outs of arbitrator selection; the divide between lawful and unlawful expropriation in investment arbitration; tactical misuse of GDPR in arbitration; court-assisted preservation of evidence; and the distinction between jurisdiction and admissibility. The Yearbook provides both perspective and detailed analyses that will be welcomed by arbitration practitioners, counsel and judges deciding arbitration cases. It will also provide valuable insights for arbitration academics, in-house counsel at multinational companies and arbitral institutions worldwide.
Arbitration’s Age of Enlightenment?
Author: Cavinder Bull
Publisher: Kluwer Law International B.V.
Published: 2023-09-12
Total Pages: 1063
ISBN-13: 940351387X
DOWNLOAD EBOOKDirectly presenting the considered views of a broad cross-section of the international arbitration community, this timely collection of essays addresses the criticism of the arbitral process that has been voiced in recent years, interpreting the challenge as an invitation to enlightenment. The volume records the entire proceedings of the twenty-fifth Congress of the International Council for Commercial Arbitration (ICCA), held in Edinburgh in September 2022. Topics range from the impact of artificial intelligence to the role of international arbitration in restraining resort to unilateralism, protectionism, and nationalism. The contributors tackle such contentious issues as the following: time and cost; gender and cultural diversity; confidentiality vs. transparency; investor-State dispute settlement procedures; the proposed establishment of a permanent international investment court system; how cross-fertilisation across different disciplines may impact international arbitration; determining whether a document request seeks documents that are relevant and material to the outcome of a dispute; whether we would be better off if investment arbitration were to disappear; and implications for international arbitration of the Russian invasion of Ukraine. There is consideration of global issues that are likely to give rise to disputes in the future, including climate change, environmental protection, access to depleting water resources, energy and mining transition, and human rights initiatives. Several contributions focus on developments in specific countries (China, India) and regions (Africa, the Middle East). Arbitrators, corporate counsel, and policymakers will appreciate this opportunity to engage with current thinking on key issues in international commercial and investment arbitration, especially given the diversity of thought presented by authors from all over the world.
The European Union and International Investment Law
Author: Francesco Montanaro
Publisher: Bloomsbury Publishing
Published: 2023-03-23
Total Pages: 213
ISBN-13: 1509963820
DOWNLOAD EBOOKThis book explores the interaction between the EU and international investment law, both at the internal level, namely within the EU internal market, and at the external level, i.e. in the context of its relations with third States. The joint treatment of these dimensions reveals that the EU has assumed an ostensibly ambivalent attitude towards international investment law. At the internal level, it has consistently asserted that intra-EU international investment agreements (IIAs) are not compatible with EU law and advocated their termination. At the external level, by contrast, it has eagerly deployed IIAs to develop its post-Lisbon international investment policy. The book finds that beneath this apparent ambivalence towards international investment law ultimately lies the EU's attempt to impose, both internally and externally, its own original model of regulation of cross-border investment. It then argues that the EU adopted this approach with a view to supporting its internal market, enhancing its external influence, and, ultimately, pursuing long-term 'federal aspirations'. Finally, the book identifies the legal and political obstacles that have curtailed the EU's efforts at both the internal and the external level.
The Technological Competence of Arbitrators
Author: Katia Fach Gómez
Publisher: Springer Nature
Published: 2023-11-25
Total Pages: 180
ISBN-13: 303111681X
DOWNLOAD EBOOKArbitration is facing revolutionary changes due to new technologies’ irruption into the entire arbitration proceeding. Wide-ranging technical-legal concepts such as e-discovery, e-hearing, cyber-security protocol, e-deliberations, algorithmic decision-making and digital signing have become part of life. Technology’s impact on arbitration is unlikely to decrease after the COVID crisis; on the contrary, how the arbitration community positions itself vis-à-vis technology will be a key factor in determining arbitration’s future. Faced with this challenging scenario, the book discusses a novel legal topic: arbitrators’ relationship with this increasingly ubiquitous, rapidly-changing technology. This innovative book applies journalism’s “5 W questions” to the underexplored issue of arbitrators’ digital competence. It reaches a workable definition of what digital competence in the current arbitration context is, also providing answers to the essential question of why arbitrators’ digital competence is relevant from legal and financial points of view. Attention then shifts to who, with reflections on arbitrators working in a highly technological context and clarification of their relationship with other legal and non-legal actors. The book equally offers an in-depth comparative study of the question of where arbitrators’ technological competence is regulated, with critical analysis of soft and hard law provisions that may impose a digital competence duty. Finally, the book specifies when arbitrators need to be digitally competent and develops legal proposals regarding key procedural stages (initial conference, hearings) and legal topics (cybersecurity, data protection). The first study to scrutinise the rapidly changing relationship between arbitrators and technology, the book aims to spark a crucial debate among practitioners and scholars. Academically rigorous and using the latest legal material, it emphasises arbitrators’ needs, rights and duties in our technological age, presenting them alongside carefully selected practical topics. The unprecedented and well-grounded proposals for arbitrators’ digital competence are intended to be a call to action for its broad target audience.
Aust's Modern Treaty Law and Practice
Author: Jeremy Hill
Publisher: Cambridge University Press
Published: 2023-04-30
Total Pages: 583
ISBN-13: 1009186949
DOWNLOAD EBOOKThe book is a single, practical, comprehensive guide to treaty making. It draws on the latest international treaties practice.
Deference in International Commercial Arbitration
Author: Franco Ferrari
Publisher: Kluwer Law International B.V.
Published: 2023-05-12
Total Pages: 560
ISBN-13: 9403503173
DOWNLOAD EBOOKIn international arbitration, deference entails that one decision-maker does not make an autonomous assessment but limits its decision-making power out of respect for the decision or authority of another actor. For example, a court exercising post-award review might refrain from reviewing a question of procedure de novo but instead defer to a prior determination made by the arbitral tribunal. In this book, prominent arbitration practitioners and academics offer the first systematic analysis of such deference in international arbitration. With abundant reference to case law from major arbitration hubs, the analysis is organized around the three relationships in which questions of deference arise: public-private relationships in which a State actor (e.g., a court) must decide whether it should pay deference to determinations made by a private actor (e.g., a tribunal or an arbitral institution); public-public relationships in which a State actor (e.g., a court at the place of recognition and enforcement) must decide whether it should pay deference to another State actor (e.g., a court at the seat); and private-private relationships in which a private actor (e.g., an arbitral tribunal) must decide whether it should pay deference to another private actor (e.g., another arbitral tribunal or an arbitral institution). The book makes an important contribution to tracing the boundaries of the multiple layers of control over arbitration proceedings. It takes a giant step towards establishing the right equilibrium between the different layers of authority and thus meeting a pivotal challenge for the viability of arbitration as a form of dispute resolution.
