Arbitration Act 1996

Author: Robert Merkin,Louis Flannery

Publisher: CRC Press

ISBN: 1317819012

Category: Law

Page: 566

View: 5454

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This book is an essential resource for any legal practitioner involved in any aspect of English arbitration law. It provides a thorough annotation of the Arbitration Act 1996, and contains comprehensive explanations of developments in the relevant case law to each section of the Act. Since the fourth edition of this book, the English courts have decided many important new cases on virtually every aspect of arbitration law. The most important developments relate to: The growth of anti-arbitration injunctions; The use of freezing injunctions against third party assets and the availability of anti-suit injunctions in EU proceedings; The definition of seat, the appointment of arbitrators, choice of applicable law, jurisdiction, the form of the award and the slip rule; Enforcement of foreign awards, and challenges to domestic awards by way of jurisdictional attacks, serious irregularity or error of law In this 5th edition, the notes to each section contain helpful sub-headings and a new Appendix will contain a fully annotated version of CPR Part 62 and the Practice Direction. The book will also be useful for academics and university students of law at all levels seeking an understanding of the 1996 Act, including those on the Legal Practice Course.

Carbonneau on International Arbitration

Collected Essays

Author: Thomas E. Carbonneau

Publisher: Juris Publishing, Inc.

ISBN: 1933833343

Category: Law

Page: 564

View: 9332

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The chapters of this volume represent the majority of Professor Carbonneau’s scholarly writings on the subject of international commercial arbitration. They reflect his interest over the course of thirty years of law-teaching in international litigation, comparative law, and-of course - international arbitration. Some of the chapters are of a recent vintage, while others were written a decade or two ago. Whatever their date of production, the chapters have a continuing professional interest. Each addresses some of the major issues of trans-border arbitration law. A number of chapters emphasize the importance of courts in developing and maintaining a legal culture that is hospitable to arbitration. The work of the courts has been instrumental to the reception of arbitration in the United States and in several European jurisdictions. The courts can “make or break” arbitration by upholding arbitration agreements and enforcing arbitral awards. Other chapters underscore that arbitration can operate as a complete legal system. It not only provides workable trial procedures, but arbitrators can also create law in their rulings. With the addition of an internal arbitral appellate mechanism, arbitrations can function with almost absolute independence. The world law on arbitrations seems to favor the “a-national” and “a-juridical” operation of the arbitral process. A few of the chapters recognize that arbitration is being increasingly employed to resolve political or mixed political and commercial disputes. Investment arbitration and BITs are the most recent expression of this development; it had been apparent in WTO and NAFTA dispute resolution. The Iran-U.S. Claims Tribunal presented the first great occasion for assessing the vocation of arbitration in a mixed dispute situation. While arbitration has made significant inroads in this area, political sovereignty remains resistant to the imposition of limitations. In many less visible “political” cases, determinations are nonetheless made and rendered enforceable. The concluding chapters address more specific developments in the field of ICA. A number of cases point to the strong, perhaps overweening, support of the judiciary for arbitration. The courts in some jurisdictions support arbitration unequivocally and are bent upon a single outcome no matter the impact on doctrine. Lawyer presence in the arbitral process has lead to increased formalization in some proceedings. The “judicialization” of arbitration tilts the process toward the protection of rights and hinders its ability to function effectively and reach finality. Lawyers can readily misunderstand and undermine the gravamen of arbitration. The concluding chapters also establish that the UK Arbitration Act 1996 is one of the world’s outstanding arbitration statutes. It rivals and bests the UNCITRAL Model Law on ICA and is the equal of the French codified law on arbitration. Finally, the express text of the New York Arbitration Convention appears to have been altered significantly by court practice. The possible limitations of national law have been neutralized and the provisions of the Convention articulate a truly trans-border regulation of the enforcement of awards. In sum, the chapters in this book reflect the author's lifetime work in the area of international arbitration and are required reading for all those practicing in the field- law students, arbitrators, academics and practicing lawyers.

Arbitration Act 1996

Author: Robert M. Merkin,Louis Flannery

Publisher: Informa Law

ISBN: 9781843117780

Category: Law

Page: 376

View: 7143

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This book, now in its fourth edition, provides a clear and comprehensive review of the present state of the UK's Arbitration Act 1996. The book explains the deliberations that led to the passing of the Act and then examines the Act's provisions in detail, emphasizing how its sections have been interpreted, while also highlighting particular problem areas. The commentary includes references to the UK's Civil Procedure Rules as they affect applications to the court, and is cross-referred to the Departmental Advisory Committee Reports upon which the Act is based. The full text of the Act, Part 62 of the Civil Procedure Rules, and the UK Departmental Advisory Committee reports are also discussed. The most important cases covered since the last edition, include: ASM Shipping v Harris * ASM Shipping v TTMI Ltd * Albon v Naza Motor Trading * Elektrim SA v Vivendi Universal * Gater Assets v Nak Naftogaz Ukrainy * Kohn v Wagschal * OAO Northern Shipping Co v Remolcadores De Marin SL * Premium

Arbitration Practice and Procedure

Interlocutory and Hearing Problems

Author: D. Mark Cato

Publisher: Informa Law

ISBN: N.A

Category: Law

Page: 1513

View: 2980

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This edition provides an up-to-date and practical guide to the Arbitration Act 1996. It examines the problems encountered on a day- to-day basis by professional advisers, lawyers, arbitrators, expert witnesses and parties to arbitration.

Recognition and Enforcement of Foreign Arbitral Awards

The Interpretation and Application of the New York Convention by National Courts

Author: George A. Bermann

Publisher: Springer

ISBN: 3319509152

Category: Law

Page: 1102

View: 2467

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This book examines how the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, commonly known as The New York Convention, has been understood and applied in [insert number] jurisdictions, including virtually all that are leading international arbitration centers. It begins with a general report surveying and synthesizing national responses to a large number of critical issues in the Convention’s interpretation and application. It is followed by national reports, all of which are organized in accordance with a common questionnaire raising these critical issues. Following introductory remarks, each report addresses the following aspects of the Convention which include its basic implementation within the national legal system; enforcement by local courts of agreements to arbitrate (including grounds for withholding enforcement), recognition and enforcement of foreign awards by local courts under the Convention (including grounds for denying recognition and enforcement), and essential procedural issues in the courts’ conduct of recognition and enforcement. Each report concludes with an overall assessment of the Convention’s interpretation and application on national territory and recommendations, if any, for reform. The New York Convention was intended to enhance the workings of the international arbitral system, primarily by ensuring that arbitral awards are readily recognizable and enforceable in States other than the State in which they are rendered, subject of course to certain safeguards reflected by the Convention’s limited grounds for denying recognition or enforcement. It secondarily binds signatory states to enforce the arbitration agreements on the basis of which awards under the Convention will be rendered. Despite its exceptionally wide adoption and its broad coverage, the New York Convention depends for its efficacy on the conduct of national actors, and national courts in particular. Depending on the view of international law prevailing in a given State, the Convention may require statutory implementation at the national level. Beyond that, the Convention requires of national courts an apt understanding of the principles and policies that underlie the Convention’s various provisions. Through its in-depth coverage of the understandings of the Convention that prevail across national legal systems, the book gives practitioners and scholars a much-improved appreciation of the New York Convention “on the ground.”

Commercial Dispute Processing and Japan

Author: Yasunobu Sato

Publisher: Kluwer Law International B.V.

ISBN: 9041116680

Category: Law

Page: 435

View: 4005

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Under globalization, the resolution of commercial disputes across national borders is assuming ever greater importance. This groundbreaking study explores a range of possible approaches, both within the established legal infrastructure, and through alternative, not only arbitration, but also non-confrontational means such as negotiation and mediation/conciliation. The Japanese experience in dispute processing is taken as a means of exploring the ways in which international harmonization efforts such as the UNCITRAL Model Law impact on individual nations. As an Asian nation which has adopted and adapted a variety of Western practices under modernization and democratization, Japan is in a unique position to offer a balanced global example--a model for a more comprehensive approach to disputes as an integrated multi-layered system. The book will be of interest to the scholar and practitioner of trans-national/cultural commercial dispute processing as well as those who are involved in the law reform technical cooperation.

London Maritime Arbitration

Author: Clare Ambrose,Karen Maxwell,Michael Collett

Publisher: Informa Law from Routledge

ISBN: 9781138845046

Category: Arbitration and award

Page: 748

View: 4093

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Now in its fourth edition, this book provides specific guidance on how London Maritime Arbitration works in practice. This unique title is the only book on the market that provides a clear focus on maritime disputes and the meaning of standard maritime rules, and practitioners will find everything that they need in one comprehensive book. New to this edition: Guidance on the new LMAA sets of terms 2012, Fully updated case law; Inclusion of other arbitration rules such as the LCIA and ICC This book will be invaluable to maritime arbitration practitioners both in private practice and in-house, as well maritime professionals, such as those working at P&I Clubs, brokers, ship owners, managers and charterers.

Injunctive Relief and International Arbitration

Author: Hakeem Seriki

Publisher: CRC Press

ISBN: 1317685040

Category: Law

Page: 294

View: 3643

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This book explores from an English law and Institutional perspective the various types of injunctive relief that are available to a party before and during arbitral proceedings. In particular, this book examines the basis of the power of English Courts to grant such injunctions and explains when such injunctions will be granted. It considers any limitations attached to such injunctions and the relationship between section 44 of the Arbitration Act 1996 and section 37 of the Senior Courts Act 1981. It also provides an in-depth analysis of case law and the emerging trends in this area of arbitration, as well as the powers of arbitrators under the ICC and LCIA Rules to grant such relief and other remedies that might be available to a party seeking to uphold an arbitration agreement. This book will be a vital reference tool for practitioners, arbitrators and postgraduate students.

Due Process in International Commercial Arbitration

Author: Matti Kurkela

Publisher: Oxford University Press

ISBN: N.A

Category: Law

Page: 485

View: 3040

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This unique guide aids arbitration counsel and arbitrators alike by identifying a uniform universal procedural code for international commercial arbitration. Moving beyond institution or jurisdictionally-specific analysis to the global, this treatise examines and reconciles the principles of international due process as they continue to emerge. More than just a useful exercise, this approach of finding a unifying arbitration principle in light of the diversity of national traditions is expected to become the standard procedure in arbitral law.

Law and Practice of International Commercial Arbitration

Author: Alan Redfern

Publisher: Sweet & Maxwell

ISBN: 9780421862401

Category: Arbitration and award, International

Page: 659

View: 8996

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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

Europäisches Vertragsrecht

Author: Hein Kötz

Publisher: Mohr Siebeck

ISBN: 9783161537677

Category: Law

Page: 549

View: 4222

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English summary: This volume deals with the contract law of the European legal systems. What are the essential rules of these systems on the formation and validity of contracts? What rules apply to a party's right to bring a claim for performance, to terminate the contract or to claim damages for breach? While the discussion is based on the national rules, they are taken into account only as local variations on a European theme. To what extent is it therefore possible to speak of a common European law of contract? What contributions do the "Principles of European Contract Law" and the proposal of the "Draft Common Frame of Reference" make? This book is not only aimed at helping to teach young Europeans lawyers, but also strives to assist those engaged in the reform of national contract law or the drafting of uniform European legislation. The first 1996 edition of the volume has now been updated and completed. German description: Unter "Europaischem Vertragsrecht" versteht dieses Buch die Regeln, die den Rechtsordnungen der europaischen Lander gemeinsam sind: Wie kommt ein gultiger Vertrag zustande? Nach welchen Regeln wird beurteilt, ob eine Vertragspartei die Erfullung des Vertrages verlangen, von dem Vertrag Abstand nehmen, ihn widerrufen oder kundigen oder den Kontrahenten auf Schadensersatz in Anspruch nehmen kann? Lassen sich auf dem Gebiet des Vertragsrechts gemeineuropaische Strukturen auffinden? Gibt es allgemein akzeptierte Regeln? Wie sind sie zu formulieren, wenn man die "Prinzipien des Europaischen Vertragsrechts" oder die Vorschlage des "Draft Common Frame of Reference" berucksichtigt? Dabei werden die Losungen der nationalen Rechtsordnungen ausfuhrlich - wenn auch stets nur als nationale Variationen eines europaischen Themas - behandelt. Das Buch kann deshalb bei der rechtsvergleichenden Ausbildung der jungen europaischen Juristen eine Rolle spielen, ferner auch dort, wo e s um die Vorbereitung europaischen Gesetzesrechts oder um die Reform der nationalen Vertragsrechte geht. Das Buch ist in einer ersten unvollstandigen Auflage schon 1996 erschienen. Die Neuauflage bringt den Text auf den neuen Stand und erganzt ihn um die damals noch fehlenden Abschnitte.

A Practical Guide to International Arbitration in London

Author: Hilary Heilbron

Publisher: Taylor & Francis

ISBN: 1135133573

Category: Law

Page: 384

View: 327

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With the development of international arbitration globally and London as a leading arbitration centre, the need for knowledge of the subject extends to a wider legal audience. A Practical Guide to International Arbitration in London takes a pragmatic look at how to run an international arbitration with a London seat. It explores on a stage-by-stage basis the tactical, procedural and legal issues that need to be considered in an international arbitration in London from the perspective of the arbitral process, including its relationship with the support given by the English courts. The book also examines the role of the English courts in assisting foreign arbitrations.