International Arbitration and Forum Selection Agreements

Drafting and Enforcing

Author: Gary Born

Publisher: Wolters Kluwer Law & Business

ISBN: 9789041147769

Category: Law

Page: 449

View: 9440

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No lawyer involved in international transactions can afford to ignore this authoritative guide to planning and drafting international arbitration agreements and forum selection clauses. It includes clear, practical explanations of the advantages and disadvantages of different forms of dispute resolution provisions, and detailed discussion of all elements of drafting arbitration and choice-of-court clauses. The primer includes scores of revised model arbitration and forum selection clauses, providing precise wording for use in a wide range of commercial contexts. It is designed for easy reference and use by both general practitioners and specialists. Each model clause is thoroughly annotated, including with reference to relevant scholarship and jurisprudence. The primer is authored by Gary B. Born, one of the world's pre-eminent authorities on international commercial arbitration and litigation. He is the author of International Commercial Arbitration (2d ed. 2001) and International Civil Litigation in U.S. Courts (3d ed. 2000), and a leading international arbitration practitioner. He has brought a wealth of practical experience and academic achievement together to produce a practical, authoritative guide to drafting and planning international arbitration and forum selection agreements. This second edition, extensively updated and revised, includes such features as the following: scores of sample arbitration and forum selection clauses, including leading institutional arbitration clauses, ad hoc clauses and comprehensive guidance on drafting individualized clauses; sample language relating to discovery, language, arbitrators' qualifications, confidentiality, waivers of immunity, interim relief, fast-track procedures, costs, consent to service of process, and other commonly-used provisions; descriptions of all leading international arbitration institutions (ICC, LCIA, AAA, ICSID) and most major regional arbitration institutions, including commentary on individual characteristics of each institution; practically-oriented discussions of the importance of the arbitral seat, means of selecting arbitrators, language, and other key issues; detailed guidance on drafting choice-of-law clauses (including samples) and their role in dispute resolution; and practical analysis of enforcement of international arbitration and forum selection agreements, as well as national court judgments and international arbitral awards, under leading conventions and national laws. An appendix contains texts of the New York and European Conventions and the UNCITRAL Model Law, as well as arbitration rules of leading arbitral institutions. Designed for easy reference and use by both general practitioners and specialists, the book is required for any international practitioner or corporate counsel engaged in international matters. ADVANCE REVIEWS OF THE SECOND EDITION "An excellent work by one of the world's leading arbitration authorities and practitioners. This comprehensive review of international arbitration is bound to become essential reading for students and practitioners alike, especially for anyone drafting arbitration clauses." Roberto Danino, Secretary General of the International Centre for Settlement of Investment Disputes (ICSID) "Gary Born's new edition of this classic work covers everything a drafter of dispute resolution clauses needs to consider, with useful model clauses, and is up to the minute on all recent developments." James H. Carter, Chairman of the Board, American Arbitration Association "Many books are devoted to the subject of international arbitration, but this is one of the few which stand out as particularly valuable due to

International Arbitration

Cases and Materials

Author: Gary B. Born

Publisher: Wolters Kluwer Law & Business

ISBN: 1454860251

Category: Law

Page: 1368

View: 9366

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This important casebook is based upon one of the leading books in the field Born's treatise, International Commercial Arbitration. It offers a comprehensive approach to international commercial arbitration (focused on the New York Convention and UNCITRAL Model Law), while providing comparative examples drawn from state-to-state and investment arbitration. An easy-to-use chronological structure follows the course of an international arbitration. Features: Thoroughly revised to reflect amendments to UNCITRAL Rules, ICC Rules and other institutional arbitration rules New sections addressing IBA Guidelines on Party Representation in International Arbitration Revised to reflect amendments to representative national arbitration legislation in France, Singapore and elsewhere Streamlined excerpts of cases and awards; added excerpts of new arbitral awards on selected topics.

International Commercial Arbitration

Author: Gary Born

Publisher: Kluwer Law International

ISBN: 9041127593

Category: Arbitration agreements, Commercial

Page: 3303

View: 7367

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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

International Civil Litigation in United States Courts

Author: Gary B. Born,Peter B. Rutledge

Publisher: Wolters Kluwer Law & Business

ISBN: 1454823976

Category: Law

Page: 1296

View: 9025

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Written by two leading scholar-practitioners in the field, International Civil Litigation in United States Courts offers a unique combination of excerpts of cases and materials, commentary, and detailed notes--in an accessible framework that integrates topics seamlessly. Much like the newly released edition of Mr. Born's International Arbitration casebook, this text promises to be the leader in its field. The Fifth Edition provides a thoroughly updated survey of the field, canvassing recent developments, such as the stream-of-commerce theory of personal jurisdiction, the immunity of government officials after Samantar , and the extraterritorial application of federal statutes after Morrison . Each chapter contains non-U.S. materials which support a comparative study of the topics covered in the book. International Civil Litigation in United States Courts features broad and inclusive coverage a manageable and transparent organization of topics extraordinary authorship that brings a wealth of experience in teaching and practice to every page integrated coverage of conflicts of laws enduring value as a reference source Updated throughout, highlights of the Fifth Edition reflect significant developments in the field: analyzes the most recent Supreme Court decisions in the field like Samantar, Morrison and the upcoming stream of commerce cases traces subsequent lower court activity following path breaking decisions like Sosa and Intel covers major legislative activity like the recent overhaul of the Foreign Sovereign Immunities Act even greater emphasis on comparative analysis of the topics covered such as jurisdiction, judgments and forum selection

Jurisdiction and Arbitration Clauses in Maritime Transport Documents

A Comparative Analysis

Author: Felix Sparka

Publisher: Springer Science & Business Media

ISBN: 3642102220

Category: Law

Page: 282

View: 2088

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Jurisdiction and arbitration clauses are two different mechanisms that help to ensure impartiality and predictability in international dispute resolution. Despite their benefits, these clauses can be inconvenient for parties that are forced to litigate before distant fora. Moreover, particular problems arise in the context of maritime transport documents. Based on a broad comparative approach, this study seeks to explain the existing rules within their legal context and to develop a coherent system for such clauses, which takes into account the underlying interests as well as economic theory. While offering detailed answers to most issues surrounding jurisdiction and arbitration clauses in maritime transport documents, the book confronts the fundamental question of the limits of freedom of contract in an international setting.

Soft Law in International Arbitration

Author: Lawrence W. Newman,Michael J. Radine

Publisher: Juris Publishing, Inc.

ISBN: 1937518434

Category: Law

Page: 470

View: 7752

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Présentation de l'éditeur : "In recent years, a growing body of provisions called "protocols," "guidelines," "checklists" or even "rules" has emerged in international arbitration. Unlike national or international law, or institutional arbitral rules, these provisions are not "mandatory" for arbitration participants. They range from provisions that can be incorporated into the parties' agreement to arbitrate to suggestions as to the best practices that arbitrators and other arbitration participants may choose to follow. These materials are often collectively referred to as "soft law." Soft Law in International Arbitration provides a guide to what the editors consider to be the most useful of such materials. The book organizes these materials into five categories, each introduced with commentary by a prominent member of the international arbitration community. Thus, the eighteen documents contained in this book can be regarded as helping to fill in the spaces that substantive law and arbitration rules have intentionally left blank. Soft Law in International Arbitration is an indispensable commentary for practitioners and academics alike."

Transnational Business Law

A Development Law Perspective

Author: Rumu Sarkar

Publisher: N.A

ISBN: N.A

Category: Law

Page: 419

View: 3702

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In developing countries, because of economic development pressures that deeply pervade all aspects of enterprise, international business transactions give rise to crucial issues that practitioners cannot afford to ignore. In this new book Rumu Sarkar, whose Development Law and International Finance has quickly taken its place as the preeminent theoretical analysis of the new legal discipline of development law, at last gives busy lawyers engaged in international business as practical a text as they could desire. Transnational Business Law shows that the decisions and strategies of lawyers involved in the hectic daily routines of creating and executing cross-border transactions can serve the best interests not only of their businesses but of economic development as well. In essence, this is a classic international business transactions handbook, with the overarching dimension of development law added. It offers detailed principles for structuring transactions, negotiating the underlying finance and related documents, and navigating dispute resolution mechanisms. It provides annotated forms, negotiating exercises, hypothetical examples, and actual case summaries and analyses. It presents economic development issues as they arise in such areas of activity as the following: cross-border financing of goods and services, technology transfers, and intellectual capital; structuring cross-border transactions through private equity, corporate debt, and multilateral development bank financing; managing commercial risks; negotiating debt work-outs for non-performing loans; mitigating non-commercial risks through credit enhancement strategies such as obtaining political risk insurance; and contracting for arbitration or other dispute resolution methods. Important factors such as 'long-arm' U.S. law, international legal regulation of business conduct, and relevant underlying local law and local legal traditions are all brought to bear on the issues when appropriate. Transnational Business Law will be especially useful to practitioners in developing countries whose legal decisions in relation to cross-border transactions often involve critical economic and political ramifications. Through her detailed exploration of how international transactions unfold within the context of economic development, Professor Sarkar greatly enhances the growth of a commitment among the international business community to achieve mutually constructive ways to conduct business between developed and developing countries.

Due Process in International Commercial Arbitration

Author: Matti Kurkela

Publisher: Oxford University Press

ISBN: N.A

Category: Law

Page: 485

View: 2155

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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.

QFinance

The Ultimate Resource

Author: Various Authors

Publisher: Bloomsbury USA

ISBN: 9781849300001

Category: Business & Economics

Page: 2200

View: 3244

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Compiled by more than 300 of the world's leading professionals, visionaries, writers and educators, this is THE first-stop reference resource and knowledge base for finance. QFINANCE covers an extensive range of finance topics with unique insight, authoritative information, practical guidance and thought-provoking widsom. Unmatched for in-depth content, QFINANCE contains more than 2 million words of text, data analysis, critical summaries and bonus online content. Created by Bloomsbury Publishing in association with the Qatar Financial Centre (QFC) Authority, QFINANCE is the expert reference resource for finance professionals, academics, students, journalists and writers. QFINANCE: The Ultimate Resource Special Features: Best Practice and Viewpoint Essays – Finance leaders, experts and educators address how to resolve the most crucial issues and challenges facing business today. Finance Checklists – Step-by-step guides offer problem-solving solutions including hedging interest-rate risk, governance practices, project appraisal, estimating enterprise value and managing credit ratings. Calculations and Ratios – Essential mathematical tools include how to calculate return on investment, return on shareholders’ equity, working capital productivity, EVA, risk-adjusted rate of return, CAPM, etc. Finance Thinkers and Leaders – Illuminating biographies of 50 of the leading figures in modern finance including Joseph De La Vega, Louis Bachelier, Franco Modigliani, Paul Samuelson, and Myron Scholes Finance Library digests –Summaries of more than 130 key works ranging from “Against the Gods” to “Portfolio Theory & Capital Markets” and “The Great Crash”. Country and Sector Profiles – In-depth analysis of 102 countries and 26 sectors providing essential primary research resource for direct or indirect investment. Finance Information Sources – A select list of the best resources for further information on finance and accounting worldwide, both in print and online, including books, journal articles, magazines, internet, and organizations Finance Dictionary – A comprehensive jargon-free, easy-to-use dictionary of more than 9,000 finance and banking terms used globally. Quotations – More than 2,000 business relevant quotations. Free access to QFinance Online Resources (www.qfinance.com): Get daily content updates, podcasts, online events and use our fully searchable database.

Einführung in das koreanische Recht

Author: Korea Legislation Research Institute

Publisher: Springer-Verlag

ISBN: 9783642116063

Category: Law

Page: 266

View: 1947

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Mit der Globalisierung sind die Grenzen zwischen den Staaten durchlässiger geworden. Der transnationale Austausch und Handel sind groß wie nie zuvor. Korea ist zu einem wichtigen Handelspartner für Deutschland geworden. Grundkenntnisse im koreanischen Recht sind eine wichtige Voraussetzung, um von einem unterschiedlichen Rechtsverständnis nicht überrascht zu werden. Geschrieben von Experten auf ihrem jeweiligen Gebiet stellt das Werk das koreanische Recht in neun Kapiteln vor: Geschichtliche Entwicklung und Charakteristika, Verfassungsrecht, Verwaltungsrecht, Zivilrecht (einschließlich Zivilprozessrecht), Internationales Privatrecht, Handels- und Gesellschaftsrecht, Wirtschaftsrecht, Arbeits- und Sozialrecht, Strafrecht (einschließlich Strafprozessrecht).