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: 4854

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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.

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: 7076

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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.

American Arbitration

Its History, Functions and Achievements

Author: Frances Kellor

Publisher: Beard Books

ISBN: 1893122581

Category: Law

Page: 280

View: 488

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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.

Essays on International Commercial Arbitration

Author: Petar Sarcevic

Publisher: BRILL

ISBN: 9780860107057

Category: Law

Page: 247

View: 6522

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In the light of the considerable reliance placed by the international business community on systems of dispute settlement, this work gathers together contributions (in French & English) by experts from a wide range of specialisations. They successfully address the regulation & practice of arbitration in the Arab World, assessing the contribution of European & American legislation & the impact of the UNCITRAL model law. The contributions by eminent legal practitioners, academics, members of government & judiciary, reflect also upon current developments. The volume publishes the proceedings of the third Euro-Arab Congress held in Amman, October 1989; the second volume Euro-Arab Arbitration II was published in 1989 by Graham & Trotman.

International Energy Investment Law

Stability Through Contractual Clauses

Author: Mustafa Erkan

Publisher: Kluwer Law International B.V.

ISBN: 9041134115

Category: Law

Page: 409

View: 8677

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"Presents the results of a questionnaire-based survey circulated to the main players in the petroleum sector, revealing actual existing contractual risk management techniques and showing a true picture of the political risk situation in the petroleum sector"--P. [4] of cover.

International Arbitration

Law and Practice

Author: Gary B. Born

Publisher: N.A

ISBN: 9789041166371

Category: Law

Page: 480

View: 5457

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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

Law and Practice of International Commercial Arbitration

Author: Alan Redfern

Publisher: Sweet & Maxwell

ISBN: 9780421862401

Category: Arbitration and award, International

Page: 659

View: 4597

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Highly acclaimed by practitioners all over the world, Law & Practice of International Commercial Arbitration has deservedly become the leading text in its field. With its comprehensive review of the legal context within which international commercial arbitration operates, Redfern & Hunter is the ultimate user-friendly explanation of how arbitration, and in particular international commercial arbitration, works. The 4th edition has been expanded to give a wider global scope to the work. Readers can also benefit from the expert insight and advice of world-renowned international practitioners. international practitioner * Contains a comprehensive review of the international commercial arbitration process from start to finish * Includes commentary on suitable places of arbitration, developments in international trade law and the increasing harmonisation of national laws governing international arbitration * Appendices include the major international rules of arbitration and conventions * Explains how arbitration should be conducted to be cost effective and profitable * Fully updated to take account of the latest developments all over the world - including a new chapter on investment arbitrations

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: 7721

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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.

Compensation and Restitution in Investor-State Arbitration

Principles and Practice

Author: Borzu Sabahi

Publisher: OUP Oxford

ISBN: 019102158X

Category: Law

Page: 280

View: 9625

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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 Discourse and Practices in Asia

Author: Vijay K. Bhatia,Maurizio Gotti,Azirah Hashim,Philip Koh,Sundra Rajoo

Publisher: Routledge

ISBN: 1351860127

Category: Law

Page: 224

View: 9124

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International business exchanges between and with Asian countries have increased enormously over the last few years. As a natural consequence, this has brought about an increasing number of trade disputes that are being resolved through arbitration as an effective alternative to more expensive litigation. This volume offers a variety of perspectives on this important international dispute resolution practice in Asia. Essentially interdisciplinary in approach, it brings together specialists in law, international commercial arbitration and discourse analysis. The contributing authors include practitioners as well as academics. Together they explore the interrelations between discourses and practices in the field of arbitration in Asia. The work also investigates the extent to which the ‘integrity’ of arbitration principles, typical of international commercial arbitration practice, is maintained in various Asian contexts. The authors focus particularly on arbitration norms and practices as they are influenced by local juridical, cultural and linguistic factors. The book will be a valuable resource for academics and practitioners working in the areas of arbitration and dispute resolution, as well as researchers with an interest in language, communication and discourse analysis.

Alternative Dispute Resolution in Tanzania

Law and Practice

Author: Mashamba, Clement J.

Publisher: Mkuki na Nyota Publishers

ISBN: 9987753051

Category: Law

Page: 224

View: 7745

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Today, Alternative Dispute Resolution (ADR) has gained international recognition and is widely used to complement the conventional methods of resolving disputes through courts of law. ADR simply entails all modes of dispute settlement/resolution other than the traditional approaches of dispute settlement through courts of law. Mainly, these modes are: negotiation, mediation, [re]conciliation, and arbitration. The modern ADR movement began in the United States as a result of two main concerns for reforming the American justice system: the need for better-quality processes and outcomes in the judicial system; and the need for efficiency of justice. ADR was transplanted into the African legal systems in the 1980s and 1990s as a result of the liberalization of the African economies, which was accompanied by such conditionalities as reform of the justice and legal sectors, under the Structural Adjustment Programmes. However, most of the methods of ADR that are promoted for inclusion in African justice systems are similar to pre-colonial African dispute settlement mechanisms that encouraged restoration of harmony and social bonds in the justice system. In Tanzania ADR was introduced in 1994 through Government Notice No. 422, which amended the First Schedule to the Civil Procedure Code Act (1966), and it is now an inherent component of the country's legal system. In recognition of its importance in civil litigation in Tanzania, ADR has been made a compulsory subject in higher learning/training institutions for lawyers. This handbook provides theories, principles, examples of practice, and materials relating to ADR in Tanzania and is therefore an essential resource for practicing lawyers as well as law students with an interest in Tanzania. It also contains additional information on evolving standards in international commercial arbitration, which are very useful to legal practitioners and law students.

Arbitration Law in America

A Critical Assessment

Author: Edward Brunet,Edward J. Brunet,Richard E. Speidel,Jean E. Sternlight,Stephen H. Ware

Publisher: Cambridge University Press

ISBN: 9780521839822

Category: Law

Page: 394

View: 4322

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This is a book about changing the terms of American Arbitration Law. The book contains individual views of the four co-authors and criticisms of the individual recommendations of the authors. The book contains point and counterpoint and numerous controversial ideas. The authors present the competing arguments on some of the most controversial topics in arbitration---arbitration of employment disputes between employers and their former employees and arbitration of disputes between consumers and product sellers.