American Arbitration

Principles and Practice

Author: Robert B. Von Mehren,Steven J. Burton,George W. Coombe

Publisher: Practising Law Inst

ISBN: N.A

Category: Law

Page: 674

View: 6306

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Written by some of the nation's leading arbitrators, "American Arbitration" gives you a comprehensive and current understanding of how to effectively commence, conduct, and conclude arbitrations that culminate in fair and enforceable agreements. Serving the needs of novice and veteran arbitrators and stocked with checklists and sample agreement clauses, the book examines the historical, legal, institutional, documentary, and procedural issues involved in arbitrations here and abroad, helping you to: determine when a dispute should be arbitrated or litigated; select the right arbitration providers, venues, and tribunal members; plan, negotiate, and draft comprehensive arbitration agreements; secure provisional remedies pending arbitrations; conduct arbitrations according to law, customs, and best practices; challenge the enforceability of arbitral awards on substantive grounds; and gain a working grasp of the laws, rules, techniques, procedures, and issues specific to arbitrations involving securities, intellectual property, international commercial matters, construction, and labour and employment.

The Principles and Practice of International Commercial Arbitration

Third Edition

Author: Margaret L. Moses

Publisher: Cambridge University Press

ISBN: 1108184138

Category: Law

Page: N.A

View: 7373

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Arbitration has become the dispute resolution method of choice in international transactions. This book provides the reader with immediate access to understanding the world of international arbitration, explaining how and why arbitration works. It provides the legal and regulatory framework for international arbitration, as well as practical strategies to follow and pitfalls to avoid. It is short and readable, but comprehensive in its coverage of the basic requirements, including the most recent changes in arbitration laws, rules, and guidelines. The third edition includes new sections on state to state arbitration, the role and power of the arbitrator, reform efforts in international investment treaties, transparency in international arbitration and third party funding. In the book, the author includes insights from numerous international arbitrators and counsel, who tell firsthand about their own experiences of arbitration and their views of best practices. Throughout the book, the principles of arbitration are supported and explained by the practice, providing a concrete approach to an important means of resolving disputes.

International Commercial Arbitration

American Principles and Practice in a Global Context

Author: Jack J. Coe

Publisher: Transnational Pub Incorporated

ISBN: N.A

Category: Law

Page: 948

View: 2526

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This practical handbook of the principles & procedures of international commercial arbitration gains in usefulness & prestige each year. Emphasizing the features of American law that pervade international practice in this field, it is of inestimable value to practitioners both in & outside the United States. Introductory chapters on the international business environment & alternative dispute settlement methods apart from arbitration are followed by a general presentation of common themes in international commercial arbitration. The author then provides an introduction to the American system for the foreign reader. Further chapters cover the arbitration agreement & its enforcement, drafting considerations for the arbitral clause, a survey of arbitral institutions, judicial assistance for arbitration, aspects of arbitral proceedings, & the powers & functions of the arbitral tribunal. Matters relating to the award are also covered, & a final chapter deals with the particular situation of the State as a party to arbitration.

Compensation and Restitution in Investor-State Arbitration

Principles and Practice

Author: Borzu Sabahi

Publisher: OUP Oxford

ISBN: 019102158X

Category: Law

Page: 280

View: 6223

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This book examines the history, principles, and practice of awarding compensation and restitution in investor-State arbitration disputes, which are initiated under investment treaties. The principles discussed may be applied to all international law cases where damage to property is an issue. The book starts by tracing the roots of the applicable international legal principles to Roman law, and from there follows their evolution through the European law of extra-contractual liability and eventually through the Chorzów Factory case to principles of compensation and restitution in the modern law of international investment. The greater part of the book is then dedicated to examination of the modern application of these principles, focusing on the jurisprudence of international tribunals under various arbitral rules such as ICSID and UNCITRAL Rules. Monetary compensation as the prevalent form of remedy sought and awarded in investor-State disputes is discussed in more detail, including topics such as the amount of compensation for damage resulting from breach of investment treaties or for lawful expropriation of foreign investor's property, a brief overview of valuation methods, supplementary compensation for moral damages, interest, costs, and currency fluctuations as well as various principles that may limit the amount of recoverable compensation, such as causation. A full chapter is dedicated to the discussion of the theory and practice of awarding restitution in investor-State disputes. The book also covers the general principle of reparation in international law as applied in investor-State arbitrations. The topics discussed cover all the theoretical as well as practical issues which may be raised in awarding compensation and restitution in investment treaty disputes between States and foreign investors.

International Arbitration

Law and Practice

Author: Gary B. Born

Publisher: N.A

ISBN: 9789041166371

Category: Law

Page: 480

View: 2282

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International Arbitration: Law and Practice (Second Edition) provides a comprehensive coverage of the basic principles and legal doctrines, and the practice, of international arbitration. It contains a systematic and concise treatment of all aspects of the arbitral process, including international arbitration agreements, international arbitral proceedings and international arbitral awards. The book addresses both international commercial arbitration and the related fields of investment and state-to-state arbitration, and is essential reading for any student of international arbitration and any practitioner seeking a complete introduction to the field. Accolades for Gary B. Bornand’s International Commercial Arbitration (2009 and& 2nd ed. 2014), recipient of the American Society of International Lawand’s 2010 Certificate of Merit: and“An unparalleled book on the law, practice and theory of international commercial arbitration and… indispensable for both practitioners and academics.and” Professor Jack L. Goldsmith III, Harvard Law School and“Stunningly comprehensive, accessible, and bristling with insights: the definitive text on international arbitration.and” Professor Harold Hongju Koh, Yale Law School and“A monumental work of legal scholarship.and” Professor Campbell McLachlan, Victoria University of Wellington and“An extraordinary combination of both practical experience and academic analysis.and” Professor Dr. Daniel Girsberger, University of Lucerne

ADR Principles and Practice

Author: Henry J. Brown,Arthur L. Marriott

Publisher: N.A

ISBN: 9780414044784

Category: Dispute resolution (Law)

Page: 868

View: 2664

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ADR: Principles and Practice is an essential Alternative Dispute Resolution title. The third edition will cover theory, principles and practice of ADR especially mediation, providing understanding, guidance and authority. It will explore and integrate models of practice; examine strategies; provide precedents; assist practitioners, policy makers and the judiciary in addressing the issues affecting practice; and generally provide an encyclopaedic work of reference for practitioners and students.

The Practice of International Commercial Arbitration

A Handbook for Hong Kong Arbitrators

Author: Anselmo Reyes

Publisher: Taylor & Francis

ISBN: 131547431X

Category: Law

Page: 211

View: 9143

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Focusing on practical principles or guidelines for arbitrators, this book covers everything a prospective international commercial arbitrator should know about conducting an arbitration in Hong Kong. Specifically geared to those interested in or starting work as an international commercial arbitrator in Hong Kong, the book takes readers step-by-step through the problems that are likely to arise in the conduct of a commercial arbitration and in the development of their careers as international commercial arbitrators.

Comparative International Commercial Arbitration

Author: Julian D. M. Lew,Loukas A. Mistelis,Stefan Michael Kröll,Stefan Kröll

Publisher: Kluwer Law International B.V.

ISBN: 9041115684

Category: Law

Page: 953

View: 5941

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This treatise describes the practice of international commercial arbitration with reference to the major international treaties and instruments, arbitration rules and national laws. It provides an analysis of the interaction between party autonomy and arbitration practice.

American Arbitration

Its History, Functions and Achievements

Author: Frances Kellor

Publisher: Beard Books

ISBN: 1893122581

Category: Law

Page: 280

View: 3064

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This book makes for interesting reading as it traces the two pioneer organizations that consolidated in 1926 to form the American Arbitration Association. The role and influence of the Association in its first twenty years of existence are noteworthy as the book covers the practice of American arbitration and the American concept and organization of international commercial arbitration. The final chapter is devoted to the builders of American arbitration.

Redfern and Hunter on international arbitration

Author: Nigel Blackaby,Constantine Partasides,Alan Redfern,Martin Hunter

Publisher: Oxford Univ Pr

ISBN: 9780199557196

Category: Law

Page: 727

View: 5985

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This leading guide to international commercial arbitration is an invaluable teaching tool, based on a wealth of experience and practical insight from the authors. Now in its fifth edition, this classic text provides students with a clear and authoritative explanation of the law and practice of international arbitration. Concise and well organised, it leads the reader through the different stages of the arbitral process. It is renowned for its direct approach to complex issues and the writing has been praised for its accessible and pedagogical style. The logical structure of the book follows the chronology of an arbitration and the content includes advice on the drafting of the arbitration agreement as well as close examination of the award itself and comments on the special considerations applying to arbitrations brought under investment treaties. It covers applicable laws, the establishment and powers of a tribunal, the conduct of proceedings and the role of domestic courts and gives consideration to the challenge and enforcement of arbitral awards. Reference is made to the rules and practice of arbitration at the International Chamber of Commerce, the London Court of International Arbitration, the American Arbitration Association, the International Centre for Settlement of Investment Disputes and the United Nations Commission on International Trade Law. This new edition has been substantially updated to include fuller treatment of investment treaty arbitration and international arbitration beyond the UK and Europe as well as all the latest significant developments in the field. In particular, the fifth edition contains substantially more coverage of the law and practice of international arbitration in the US, Latin America, China and India. Previous editions have been praised as "an indispensible guide for anyone involved in, studying or simply interested in, international commercial arbitration" and "a natural student's choice". The commentary combines with the comprehensive and practical guidance to make this the leading text on the subject.

How Mediation Works

Theory, Research, and Practice

Author: Stephen B. Goldberg,Jeanne M. Brett,Beatrice Blohorn-Brenneur

Publisher: Emerald Group Publishing

ISBN: 1787147231

Category: Law

Page: 120

View: 7876

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How Mediation Works will introduce management and law students as well as businesses to this art of conflict resolution from the behavioral perspective, while also providing a valuable resource to continuing education programs, mediation training, and lawyers to familiarize clients with the mediation process.

General Principles of Law and International Investment Arbitration

Author: Andrea Gattini,Attila Tanzi,Filippo Fontanelli

Publisher: BRILL

ISBN: 9004368388

Category: Law

Page: 476

View: 8396

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In General Principles of Law in Investment Arbitration, the authors address selected general principles of law, assessing their functions in investment arbitration. The resulting picture is that of a lively source that escapes doctrinal straitjackets and maintains its relevance.

International Commercial Arbitration

Author: Gary Born

Publisher: Kluwer Law International

ISBN: 9041127593

Category: Arbitration agreements, Commercial

Page: 3303

View: 5674

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International Commercial Arbitration Third Edition is an authoritative treatise providing the most complete available commentary and analysis on all aspects of the international commercial arbitration process. This completely revised and expanded edition of Gary Born's authoritative work is divided into three main parts, dealing with the International Arbitration Agreement, International Arbitral Procedures and International Arbitral Awards. The Third Edition provides a systematic framework for both current analysis and future developments, as well as exhaustive citations from all leading legal systems. INTERNATIONAL ARBITRATION AGREEMENTS Legal Framework for International Arbitration Agreements International Arbitration Agreements and the Separability Presumption Choice-of-Law Governing International Arbitration Agreements Formation, Validity and Legality of International Arbitration Agreements International Arbitration Agreements and Competence-Competence Effects and Enforcement of International Arbitration Agreements Interpretation of International Arbitration Agreements INTERNATIONAL ARBITRAL PROCEDURES AND PROCEEDINGS Legal Framework for International Arbitral Proceedings Selection, Challenge and Replacement of Arbitrators in International Arbitration Rights and Duties of International Arbitrators Selection of Arbitral Seat in International Arbitration Procedures in International Arbitration Disclosure and Discovery in International Arbitration Provisional Measures in International Arbitration Consolidation, Joinder and Intervention in International Arbitration Choice of Substantive Law in International Arbitration Confidentiality in International Arbitration Legal Representation and Professional Conduct in International Arbitration INTERNATIONAL ARBITRAL AWARDS Legal Framework for International Arbitral Awards Form and Content of International Arbitral Awards Correction, Interpretation and Supplementation of International Arbitral Awards Annulment of International Arbitral Awards Recognition and Enforcement of International Arbitral Awards Preclusion, Lis Pendens and Stare Decisis in International Arbitral Awards

Post Award Issues: ASA Special Series No. 38

Author: Pierre Tercier

Publisher: Juris Publishing, Inc.

ISBN: 1933833904

Category: Arbitration and award, International

Page: 192

View: 9549

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The arbitral tribunal's responsibilities and tasks often do not end when it has rendered it's award. Tribunals may be called to interpret their awards or correct clerical errors, the award may be sent back to them for amendments; arbitrators may have to comment on their awards or may be called as witnesses; they may be invited to continue even though all pending disputes have been decided; their fees may be challenged or they may have to claim tax reimbursements. These and other issues that arbitrators, parties and institutions have to face once the award has been rendered are examined by leading authorities.

Principles and Practices of Interconnection Networks

Author: William James Dally,Brian Patrick Towles

Publisher: Elsevier

ISBN: 0080497802

Category: Computers

Page: 550

View: 9736

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One of the greatest challenges faced by designers of digital systems is optimizing the communication and interconnection between system components. Interconnection networks offer an attractive and economical solution to this communication crisis and are fast becoming pervasive in digital systems. Current trends suggest that this communication bottleneck will be even more problematic when designing future generations of machines. Consequently, the anatomy of an interconnection network router and science of interconnection network design will only grow in importance in the coming years. This book offers a detailed and comprehensive presentation of the basic principles of interconnection network design, clearly illustrating them with numerous examples, chapter exercises, and case studies. It incorporates hardware-level descriptions of concepts, allowing a designer to see all the steps of the process from abstract design to concrete implementation. Case studies throughout the book draw on extensive author experience in designing interconnection networks over a period of more than twenty years, providing real world examples of what works, and what doesn't. Tightly couples concepts with implementation costs to facilitate a deeper understanding of the tradeoffs in the design of a practical network. A set of examples and exercises in every chapter help the reader to fully understand all the implications of every design decision.

International Investment Arbitration

Substantive Principles

Author: Campbell McLachlan,Laurence Shore,Matthew Weiniger

Publisher: Oxford University Press, USA

ISBN: 9780199676804

Category: Law

Page: 520

View: 6346

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This is the long-awaited second edition of this widely-referenced work on the substantive law principles of investment treaty arbitration. It forms a detailed critical review of the substantive principles of international law applied by investment arbitration tribunals, and a clear and comprehensive description of the present state of the law. The first edition met with immediate success as a result of the authors' achievement in describing and analyzing the volume of law created, applied and analyzed by tribunals. The second edition is fully updated to take account of the arbitration awards rendered in the period since 2007. Written by an internationally recognized author team, it is now the most comprehensive and up to date work in its field and no practitioner or academic can afford to be without it. Key areas of coverage include: the instruments under which investment disputes arise; the legal basis of treaty arbitration; dispute resolution and parallel proceedings; who is a foreign investor, including nationality issues and foreign control; what is an investment; investors' substantive rights, including fair and equitable treatment; expropriation; compensation and remedies. Arbitration of overseas investment disputes is one of the fastest growing areas of international dispute resolution. The exponential growth of international investment in recent years has led to the signature of over two thousand Bilateral Investment Treaties (BITs) between foreign states, in addition to a wealth of multilateral treaties and other forms of concession agreements. The legal principles that have developed in this area are subject to intense debate, and are still in a state of flux. While tribunals routinely state that they are applying principles of public international law to determine disputes, many of the principles applied have only been developed recently in the context of investment treaty arbitrations, and tribunals are often guided more by the approaches taken by other tribunals, than by pre-existing doctrines of public international law. International Investment Arbitration: Substantive Principles is an important contribution to the collection and codification of the current state of practice in this field.

ADR and the Law - 22nd Edition

Author: N.A

Publisher: Juris Publishing, Inc.

ISBN: 1933833106

Category: Law

Page: 386

View: 7525

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ADR & the Law is the flagship publication of the American Arbitration Association ® (AAA). It is a one-stop reference for attorneys, business executives, scholars and anyone who needs to track worldwide developments in alternative dispute resolution. Each consecutive volume presents a review of the year's most influential domestic and international ADR case law and legislation, along with expert commentary. The book includes significant court decisions, analysis of current trends, highlights of important domestic and foreign legislation and new ADR rules and procedures. Each volume is an essential addition to a professional library. Each Volume Contains: Significant Decisions by Federal and State Courts Articles on Such Topics as: Employment Labor Mediation Judicial Review Domestic Alternative Dispute Resolution Legislation Significant Decisions by U.S. Courts Concerning International Alternative Dispute Resolution International Alternative Dispute Resolution Developments International Arbitration in Specific Countries

Procedure and Evidence in International Arbitration

Author: Jeffrey Waincymer

Publisher: N.A

ISBN: 9789041131683

Category: Law

Page: 1363

View: 4913

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Central to the book s purpose is the procedural challenge facing arbitrators at each and every stage of the arbitral process when fairness arguments conflict with efficiency concerns and trade-offs must be determined. Some key themes include how can a tribunal be fair, and in particular be neutral, if parties are so diverse? How can arbitration be made efficient and cost-effective without undue inroads into fairness and accuracy? How does a tribunal do what is best if the parties are choosing a suboptimal process? When can or must an arbitrator ignore procedural choices made by the parties? The author thoroughly evaluates competing arguments and adds his own practical tips, expertly synthesizing and engaging with the conference literature and differing authors views. He identifies criteria that offer a harmonized approach to each stage of the arbitral process, with particular attention to such aspects of international arbitration as: appropriate trade-offs between flexibility and certainty; the rights, duties and powers of arbitrators; appointment and challenge of arbitrators; responses to guerilla tactics; drafting of arbitration agreements, including specialty clauses; drafting of required commencement notices and response documents; set-off; fast track arbitration and other efficiency options; strategic use of preliminary conferences and timetabling; online arbitration; multi-party, multi-contract, class arbitration; amicus and third party funders; pre-arbitral referees and interim relief; witness evidence, both factual and expert; documentary evidence, production obligations, and challenges to production; identifying applicable law; and remedies and costs."

Institutional Arbitration

A Commentary

Author: Rolf A Schütze

Publisher: Bloomsbury Publishing

ISBN: 1782250808

Category: Law

Page: 1200

View: 1656

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International arbitration has become the preferred dispute resolution mechanism in cross-border disputes. In the course of time, ad hoc arbitration, where the parties have to create their own rules and procedures, has increasingly been replaced by institutional arbitration where a specialised institution with a permanent organisation provides assistance and a set of practice-proven rules. The services and rules provided by the various institutions of arbitration differ. In order to inform the potential parties and their counsels about the differences and to make the choice between the different arbitration regimes easier, and to offer guidance through the various provisions, this book provides a comprehensive article-by-article commentary of rules of arbitration of 14 important arbitration institutions: AAA (American Arbitration Association) CIEDAC (China International Economic and Trade Arbitration) DIAC (Dubai International Arbitration Centre) DIS (German Institution of Arbitration) ICC (International Court of Arbitration) ICSID (International Centre for Settlement of Investment Disputes) KLRCA (Kuala Lumpur Regional Centre for Arbitration) LCIA (The London Court of International Arbitration) MKAS (Moscow International Commercial Arbitration Court) SCC (Stockholm Chamber of Commerce Arbitration) SIAC (Singapore International Arbitration Centre) Swiss Rules UNCITRAL Rules Vienna Rules