Jurisdictional Problems in International Commercial Arbitration
Author: Adam Samuel
Publisher:
Published: 1989
Total Pages: 344
ISBN-13:
DOWNLOAD EBOOKPosts
Arbitrability
Author: Loukas A. Mistelis
Publisher: Kluwer Law International B.V.
Published: 2009-01-01
Total Pages: 410
ISBN-13: 9041127305
DOWNLOAD EBOOKIt 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.
International Commercial Arbitration
Author: William Michael Reisman
Publisher:
Published: 1997
Total Pages: 0
ISBN-13: 9781566625555
DOWNLOAD EBOOKThe book is a compilation which includes the major statutes affecting international commercial arbitration law.
Arbitration and International Trade in the Arab Countries
Author: Nathalie Najjar
Publisher: BRILL
Published: 2017-10-23
Total Pages: 1340
ISBN-13: 9004357483
DOWNLOAD EBOOKArbitration and International Trade in the Arab Countries by Nathalie Najjar is masterful compendium of arbitration law in the Arab countries. A true study of comparative law in the purest sense of the term, the work puts into perspective the solutions retained in the various laws concerned and highlights both their convergences and divergences. Focusing on the laws of sixteen States, the author examines international trade arbitration in the MENA region and assesses the value of these solutions in a way that seeks to guide a practice which remains extraordinarily heterogeneous. The book provides an analysis of a large number of legal sources, court decisions as well as a presentation of the attitude of the courts towards arbitration in the States studied. Traditional and modern sources of international arbitration are examined through the prism of the two requirements of international trade, freedom and safety, the same prism through which the whole law of arbitration is studied. The book thus constitutes an indispensable guide to any arbitration specialist called to work with the Arab countries, both as a practitioner and as a theoretician.
Contractual Knowledge
Author: Grégoire Mallard
Publisher: Cambridge University Press
Published: 2016-05-26
Total Pages: 431
ISBN-13: 1107130913
DOWNLOAD EBOOKThis volume provides a genealogy of global economic governance through the history of contracts, examining how and by whom they were designed and legally validated. It will appeal to lawyers, economists, and historians interested in the globalization of markets over the past century.
International Arbitration in Latin America
Author: Gloria M. Alvarez
Publisher: Kluwer Law International B.V.
Published: 2021-04-08
Total Pages: 462
ISBN-13: 904119973X
DOWNLOAD EBOOKEnergy projects in Latin America are a major contributor to economic growth worldwide. This book is the first to offer a comprehensive, in-depth analysis of specific issues arising from energy and natural resources contracts and disputes in the region, covering a wide range of procedural, substantive, and socio-legal issues. The book also includes how states have shifted from passive business partners to more active controlling players. The book contains an extensive treatment and examination of the particularities of arbitration practice in Latin America, including arbitrability, public order, enforcement, and the complex public-private nature of energy transactions. Specialists experienced in resolving international energy and natural disputes throughout the region provide detailed analysis of such issues and topics, including: state-owned entities as co-investors or contracting parties; role of environmental law, indigenous rights and public participation; issues related to political changes, corruption, and quantification of damages; climate change, renewable energy, and the energy transition; force majeure, hardship, and price reopeners; arbitration in the electricity sector; take-or-pay contracts; recognition and enforcement of awards; tension between stabilization clauses and human rights; mediation as a method for dispute settlement in the energy and natural resources sector; and different comparative approaches taken by national courts in key Latin American jurisdictions. The book also delivers a clear explanation on the impact made to the arbitration process by Covid-19, emerging laws, changes of political circumstances, the economic global trends in the oil & gas market, the energy transition, and the rise of new technologies. This invaluable book will be welcomed by in-house lawyers, government officials, as well as academics and rest of the arbitration community involved in international arbitration with particular interest in the energy and natural resources sector.
International Arbitration
Author: Stephen M. Schwebel
Publisher: Cambridge University Press
Published: 2020-01-23
Total Pages: 355
ISBN-13: 0521768020
DOWNLOAD EBOOKConsiders the vitality of the international arbitral process through an updated examination of three salient problems.
The UNCITRAL Model Law and Asian Arbitration Laws
Author: Gary F. Bell
Publisher: Cambridge University Press
Published: 2018-10-04
Total Pages: 461
ISBN-13: 1107183979
DOWNLOAD EBOOKExplores how the text and principles of the UNCITRAL Model Arbitration Law are implemented, or not, in key Asian jurisdictions.
Confidentiality in International Commercial Arbitration
Author: Kyriaki Noussia
Publisher: Springer Science & Business Media
Published: 2010-03-10
Total Pages: 209
ISBN-13: 3642102247
DOWNLOAD EBOOKArbitration is an essential component in business. In an age when transparency is a maxim, important issues which the laws governing arbitration currently fail to address are the extent to which disclosure of information can be constrained by private agreement along with the extent to which the duty to preserve confidentiality can be stretched. Absent a coherent legal framework and extensive qualitative and quantitative data, it is equally difficult to suggest and predict future directions. This book offers a tool for attaining centralised access to otherwise fragmentary and dispersed material, as well as a comprehensive analysis and detailed exposition of the position in relation to confidentiality in arbitration in the jurisdictions of England, USA, France and Germany.
International Commercial Arbitration and the Arbitrator's Contract
Author: Emilia Onyema
Publisher:
Published: 2010
Total Pages: 257
ISBN-13: 0415492785
DOWNLOAD EBOOKThis book examines the formation, nature and effect of the arbitratorsâe(tm) contract, addressing topics such as the appointment, challenge, removal and duties and rights of arbitrators, disputing parties and arbitration institutions. The arguments made in the book are based on a semi-autonomous theory of the juridical nature of international arbitration and a contractual theory of the legal nature of these relationships. From these premises, the book analyses the formation of the arbitratorâe(tm)s contract in both ad hoc and institutional references. It also examines the institutionâe(tm)s contract with the disputing parties and its effect on the arbitratorâe(tm)s contract under institutional references. The book draws from national arbitration laws and institutional rules in various jurisdictions to give a global view of the issues examined in it. The arbitratorâe(tm)s contract is analysed from a global perspective of arbitral law and practice with insights from various jurisdictions in Africa, Asia, Europe, North and South America. The primary focus of the book is an analysis of the formation of the arbitratorâe(tm)s contract and the terms of this contract and the institutionâe(tm)s contract. The primary question of the consequences (if any) of the breaches of the terms of these contracts and its impact on the exclusion or limitation of liability of arbitrators and institutions is also analysed with the conclusion that since these transactions are contractual and the terms can be categorised as in any normal contract, then normal contractual remedies can be applied to the breaches of these terms. International Commercial Arbitration and the Arbitratorâe(tm)s Contract will be of great value to arbitration practitioners and researchers in arbitration. It will also be very useful to students of arbitration on the topics of arbitrators and arbitration institution.
