Summaries of United Arab Emirates Courts' Decisions on Arbitration

Summaries of United Arab Emirates Courts' Decisions on Arbitration

Author: Dubayy (United Arab Emirates : Emirate). Maḥkamat al-Tamyīz

Publisher:

Published: 2017

Total Pages: 0

ISBN-13: 9789041197702

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Arbitration in the UAE continues to evolve and the number of local and international cases has grown considerably since the first edition of this book published in 2013. This Second Edition comprises 43 carefully selected recent judgments (2012-2016) from the Federal Supreme Court, the Abu Dhabi Court of Cassation, Dubai Court of Cassation and the DIFC Courts. Presented in an easy to read format, a summary is provided for each of the selected judgments allowing the reader to gain insight into the facts of the case, the principles relied upon by the court to render its decision and the reasoning of the court leading to its decision. An indispensable reference book for arbitrators, practitioners and educational institutions who need easy access to UAE jurisprudence focusing on arbitration.


Summaries of UAE Courts' Decisions on Arbitration (1993-2012)

Summaries of UAE Courts' Decisions on Arbitration (1993-2012)

Author: Arab Hassan

Publisher:

Published: 2018-02-28

Total Pages: 0

ISBN-13: 9789041197580

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This book is the first ever to summarize in English a series of judgments issued over the last 20 years by the Dubai Court of Cassation, the Federal Supreme Court of Cassation, the Fujairah Federal Court of First Instance and the Abu Dhabi Court of Cassation. It has been prepared with a view to providing a useful tool for lawyers, arbitrators and other professionals involved in arbitration proceedings in the United Arab Emirates (UAE).0The judgments included have been carefully selected and summarized, by the judiciary in the UAE. Each summary contains a convenient headnote, which enables the reader to identify, at a glance, the principles of arbitration set out by the UAE courts in the selected judgments. This collection of summaries addresses the need within the arbitration community for easy access to UAE jurisprudence with a focus on arbitration. It will serve as a readily comprehensible guide to arbitration in the UAE.


DIFC Courts Practice

DIFC Courts Practice

Author: Rupert Reed

Publisher: Edward Elgar Publishing

Published: 2024-09-06

Total Pages: 1231

ISBN-13: 1803925450

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DIFC Courts Practice is endorsed by the DIFC Courts as the official companion to its Rules and is published in association with the DIFC Courts. Written by a team of leading practitioners in the field, this thoroughly revised second edition includes detailed commentary and incisive narrative discussion. Part A focuses on the substantive law of the DIFC, including the jurisdiction of its Courts, while Part B comprises the full text of the rules alongside expert commentary on their application and interpretation, with comprehensive analysis of all relevant case law.


Collection of ICC Arbitral Awards 2012 – 2015

Collection of ICC Arbitral Awards 2012 – 2015

Author: Jean-Jacques Arnaldez

Publisher: Kluwer Law International B.V.

Published: 2018-12-21

Total Pages: 904

ISBN-13: 9403506024

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The Collection of ICC Arbitral Awards 2012-2015 contains extracts of cases handled by the ICC Court of Arbitration, one of the world's most respected arbitral institutions. This most recent collection supplements six previous and successful volumes containing awards from the periods 1974-1985, 1986-1990, 1991-1995, 1996-2000, 2001-2007 and 2008-2011. This collection is a practical reference tool, containing three types of useful indexes incorporating information from all three volumes: – a consolidated analytical table, in both English and French, contains extensive cross-references based on the terminology used in awards and case notes; – a chronological index lists the awards; – a key word index, also provided in both languages, allows the reader to locate the material of interest quickly and easily. In addition to providing a wealth of information in a highly accessible manner, this book includes case notes end expert commentaries on the awards. This publication is an indispensable reference work for anyone interested in international arbitration and in the reasoning of international arbitrators on the interpretation and application of contractual clauses, international conventions, and the law of international trade. It is invaluable to both scholars and practitioners involved in the drafting and negotiation of international commercial contracts and the resolution of international commercial disputes.


International Commercial Arbitration

International Commercial Arbitration

Author: Gary B. Born

Publisher: Kluwer Law International B.V.

Published: 2020-11-23

Total Pages: 5388

ISBN-13: 9403526440

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International Commercial Arbitration is an authoritative 4,250 page treatise, in three volumes, providing the most comprehensive commentary and analysis, on all aspects of the international commercial arbitration process that is available. The Third Edition of International Commercial Arbitration has been comprehensively revised, expanded and updated, To include all legislative, judicial and arbitral authorities, and other materials in the field of international arbitration prior to June 2020. It also includes expanded treatment of annulment, recognition of awards, counsel ethics, arbitrator independence and impartiality and applicable law. The revised 4,250 page text contains references to more than 20,000 cases, awards and other authorities and will enhance the treatise’s position as the world’s leading work on international arbitration. The first and second editions of International Commercial Arbitration have been routinely relied on by courts and arbitral tribunals around the world ((including the highest courts of the United States, United Kingdom, Singapore, India, Hong Kong, New Zealand, Australia, the Netherlands and Canada) and international arbitral tribunals (including ICC, SIAC, LCIA, AAA, ICSID, SCC and PCA), e.g.: U.S. Supreme Court – GE Energy Power Conversion France SAS, Corp. v. Outokumpu Stainless USA, LLC, 590 U.S. - (U.S. S.Ct. 2020); BG Group plc v. Republic of Argentina, 572 U.S. 25 (U.S. S.Ct. 2014); Canadian Supreme Court – Uber v. Heller, 2020 SCC 16 (Canadian S.Ct.); Yugraneft Corp. v. Rexx Mgt Corp., [2010] 1 R.C.S. 649, 661 (Canadian S.Ct.); U.K. Supreme Court – Jivraj v. Hashwani [2011] UKSC 40, ¶78 (U.K. S.Ct.); Dallah Real Estate & Tourism Holding Co. v. Ministry of Religious Affairs, Gov’t of Pakistan [2010] UKSC 46 (U.K. S.Ct.); Swiss Federal Tribunal – Judgment of 25 September 2014, DFT 5A_165/2014 (Swiss Fed. Trib.); Indian Supreme Court – Bharat Aluminium v. Kaiser Aluminium, C.A. No. 7019/2005, ¶¶138-39, 142, 148-49 (Indian S.Ct. 2012); Singapore Court of Appeal – Rakna Arakshaka Lanka Ltd v. Avant Garde Maritime Servs. Ltd, [2019] 2 SLR 131 (Singapore Ct. App.); PT Perusahaan Gas Negara (Persero) TBK v. CRW Joint Operation, [2015] SGCA 30 (Singapore Ct. App.); Larsen Oil & Gas Pte Ltd v. Petroprod Ltd, [2011] SGCA 21, ¶19 (Singapore Ct. App.); Australian Federal Court – Hancock Prospecting Pty Ltd v. Rinehart, [2017] FCAFC 170 (Australian Fed. Ct.); Hague Court of Appeal – Judgment of 18 February 2020, Case No. 200.197.079/01 (Hague Gerechtshof); Arbitral Tribunals – Lao Holdings NV v. Lao People's Democratic Republic I, Award in ICSID Case No. ARB(AF)/12/6, 6 August 2019; Gold Reserve Inc. v. Bolivarian Republic of Venezuela, Decision regarding the Claimant’s and the Respondent’s Requests for Corrections, ICSID Case No. ARB(AF)/09/1, 15 December 2014; Total SA v. The Argentine Republic, Decision on Stay of Enforcement of the Award, ICSID Case No. ARB/04/01, 4 December 2014; Millicom Int'l Operations B.V. v. Republic of Senegal, Decision on Jurisdiction of the Arbitral Tribunal, ICSID Case No. ARB/08/20, 16 July 2010; Lemire v. Ukraine, Dissenting Opinion of Jürgen Voss, ICSID Case No. ARB/06/18, 1 March 2011.


Explaining Why You Lost

Explaining Why You Lost

Author: Antonio Crivellaro

Publisher: Kluwer Law International B.V.

Published: 2020-11-20

Total Pages: 170

ISBN-13: 9403529040

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Generally speaking, the losing party is more interested than the winning party in understanding the reasons for the outcome of the proceeding. And yet, the requirement that, unless otherwise agreed by the parties, the award “shall state the reasons upon which it is based” is a widely recognized principle in international arbitration. The rules of most arbitral institutions also require that an award include reasons. This Institute Dossier addresses reasoning in International Commercial and Investment Arbitration Awards: Should an arbitrator state his reasons? Why? How extensive and/or complete must the reasoning be for the process to be fully comprehensible and thus legitimate to the parties? What may be the consequences of an unsatisfactory reasoning? Readers will get useful insights into the legal reasoning process by accessing data from a recent large-scale empirical study of legal reasoning in commercial disputes. They will also be treated to some creative writing tips in the hope that reading an award becomes a more interesting part of the job. The ICC Institute of World Business Law brings together the finest legal minds to strengthen links between international business practitioners and the legal profession. The Institute ‘Dossiers’ is a series that has gained international prestige. These Dossiers are the outcome of the Institute’s annual meetings, where experts from around the globe come together to discuss salient issues of international commercial law and arbitration. An ICC Services publication, distributed by Kluwer Law International.


International Arbitration

International Arbitration

Author: Gary B. Born

Publisher: Aspen Publishing

Published: 2021-10-13

Total Pages: 1932

ISBN-13: 1543851967

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Buy a new version of this textbook and receive access to the Connected eBook on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Learn more about Connected eBooks. This important casebook is based on the leading commentary in the field—Born’s treatise, International Commercial Arbitration (Kluwer Law International, 3d ed. 2021). The casebook provides a comprehensive treatment of international commercial arbitration (focused on the New York Convention and UNCITRAL Model Law), while also offering comparative examples drawn from state-to-state and investment arbitration. An easy-to-use chronological structure follows the course of an international arbitration. Careful case excerpts allow instruction to focus on key stages of the arbitration, legal issues and practical aspects of international arbitration, while also providing opportunities for discussions of policy considerations. New to the Third Edition: Comprehensively updated through April 2021 to include: Legislative enactments, judicial decisions, arbitral awards, institutional rule amendments, and other developments Excerpts of, and notes on, GE Power v. Outokumpu Stainless, Enka v. Chubb, Halliburton v. Chubb, ASA Bioenergy v. Ometto, and recent arbitral awards Updates of all leading institutional arbitration rules Notes on ALI Restatement of the U.S. Law of International Commercial and Investor-State Arbitration Revisions to IBA Guidelines on Conflicts of Interest in International Arbitration, proposed UNCITRAL/ICSID Code of Conduct for Adjudicators in International Investment Disputes, and Prague Rules on Efficient Conduct of International Arbitration Proceedings Updated Notes with issues encountered in an international arbitration practice group, including in-person versus remote hearings, arbitrator selection, multi-party arbitrations, and costs Professors and student will benefit from: A text that is: Based on Gary Born’s treatise, International Commercial Arbitration, Third Edition, which is recognized as the leading treatise in the field and is routinely cited in decisions by the U.S., U.K., Canadian, Australian, Indian, and other Supreme Courts Thoroughly international, with materials focused on the New York Convention and Inter-American Convention, and the UNCITRAL Model Law Directed toward international commercial arbitration, while including chapters and materials on investment arbitration and state-to-state arbitration, which can be included with varying levels of emphasis: courses can focus largely on international commercial arbitration or, alternatively, treat all types of international arbitration equally Materials including judicial decisions and statutory materials drawn from all leading jurisdictions (European, Asian, Americas, etc.) and arbitral awards under all leading institutional and other rules A thorough treatment of international arbitration in the United States, under the Federal Arbitration Act Carefully edited excerpts of judicial decisions, awards, institutional arbitration rules, and other materials, to focus instruction and classroom discussion on key issues Notes and questions identify practical issues arising in international arbitration Experienced authors with 35 years of practice as counsel and arbitrator in international arbitrations and close involvement with leading international arbitral institutions Teaching materials Include: Teacher’s Manual Born’s Lectures (available separately, at limited cost, from Wolters Kluwer), together with PowerPoints