International Arbitration in Korea

Author: Joongi Kim

Publisher: Oxford University Press, USA

ISBN: 9780198755432

Category: Law

Page: 400

View: 9737

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International Arbitration in Korea provides a comprehensive introduction to more than 140 arbitral cases and commentaries in Korea and introduces the arbitration community to the jurisprudence and scholarship of this underappreciated but well developed jurisdiction. The book encompasses all the major current and historical arbitration cases in Korea alongside practical and scholarly commentary. In keeping with the growth of international arbitration in Asia, Korea is emerging as an alternative centre of arbitration and the number of international arbitration cases involving Korean parties is on the increase. The Korean Commercial Arbitration Board (KCAB) has reported growth in the number of international arbitrations seated in the region and South Korea's Arbitration Act, as well as KCAB's own International Rules, are both due to be revised in 2015. International Arbitration in Korea is both the first book in English to cover the most significant arbitration cases in Korea and the first to take account of these latest amendments. The book is an essential international arbitration resource and reference that will be attractive to academics, arbitrators, jurists, students, practitioners, in-house counsel, and researchers.

Arbitration Law of Korea

Practice and Procedure

Author: Bae, Kim and Lee, LLC

Publisher: Juris Publishing, Inc.

ISBN: 1933833777

Category: Law

Page: 528

View: 5253

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The book is an analysis of commercial arbitration law and practice in South Korea, presenting in an accessible, yet comprehensive manner, the country’s arbitration law, the major Korean arbitration institution and its rules, relevant court rulings, etc. It includes a historical and legal overview and discussion of the rise and breadth of the use of commercial arbitration in Korea. Arbitration Law of Korea: Practice and Procedure covers all of the essential topics, including arbitration agreements, arbitral tribunals, arbitral awards, arbitration procedures, enforcement of awards, supportive roles played by the courts, etc. Arbitration Law of Korea: Practice and Procedure is up-to-date with recent amendments to the rules of the Korean Commercial Arbitration Board and also contains: (1) a new and improved, complete translation of the Arbitration Act and (2) both Korean and English versions of the 2011 amendments to the arbitration rules of the Korean Commercial Arbitration Board.

Arbitration in Asia - 2nd Edition

Author: Michael J. Moser

Publisher: Juris Publishing, Inc.

ISBN: 1933833203

Category: Law

Page: 850

View: 3995

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Asia has witnessed an extraordinary growth in the use of international arbitration in the past two decades. Arbitration in Asia is an ideal reference to guide practitioners and business people in the proper selection of a suitable arbitral seat or jurisdiction in Asia. The book includes substantive chapters reflecting detailed commentary and analysis on 18 Asian jurisdictions from the area's leading arbitration practitioners and experts. The materials in this looseleaf volume provide a practical reference guide and resource tool for the law and practice of international commercial arbitration in Asia.

International Arbitration Review

Author: James H Carter

Publisher: Law Business Research Ltd.

ISBN: 1912377713

Category:

Page: 592

View: 4912

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The International Arbitration Review, edited by James H Carter of Wilmer Cutler Pickering Hale and Dorr, provides an analytical review of what has occurred in each of the important arbitration jurisdictions during the past year, capturing recent developments and putting them in the context of the jurisdiction's legal arbitration structure and selecting the most important matters for comment. In this book, leading practitioners seek to provide current information on both general international commercial arbitration and international investment arbitration, treating important investor-state dispute developments in each jurisdiction as a separate but closely related topic. There are in-depth examinations of arbitration in 41 jurisdictions as well as editorial chapters on The Impact of Corporate Taxation on Economic Losses, and overviews on ASEAN and Africa. Contributors include: Bart Legum, Michelle Bradfield and Jean-Christophe Honlet, Dentons; James Nicholson, FTI Consulting."e;This new and timely publication promises to tackle pressing and present day global concerns and to make valuable contributions to the ongoing dialogue on international arbitration"e; - Peter Tomka, President, International Court of Justice, The Hague"e;Comprehensive and topical, an excellent reference."e; - Professor Christine Mallin, University of Birmingham Business School"e;The most discursive and engaging survey of the world of arbitration today."e; - Jamie Maples, Weil Gotshal & Manges LLP

Asian Leading Arbitrators' Guide to International Arbitration

Author: Michael Charles Pryles,Michael J. Moser

Publisher: Juris Publishing, Inc.

ISBN: 1933833114

Category: Law

Page: 568

View: 5368

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The essays in this volume, prepared by a virtual “who’s who” of the leading arbitrators in Asia, present a unique insight into arbitration practices and procedures in the world’s largest and fastest growing region. This book offers thoughtful advice and insights into the world of international arbitration in Asia from some of the most prominent and experienced international arbitrators in the world. The contributors are arbitrators from Brunei Darussalam, China, Hong Kong, India, Indonesia, Japan, Korea, Malaysia, New Zealand, the Philippines, Singapore, United Kingdom and the USA. The contributors offer insights and advice on the way in which international arbitrations are carried out from the point of view of arbitrators reading pleadings and memorials and listening to witnesses and hearing arguments. The authors' discussions are intended to be thoughtful, insightful and useful - and perhaps, occasionally, iconoclastic. There may be instances in which the authors disagree with one another on certain points, for there are often many routes that can be taken to achieve a result. The book will be useful not only to persons who may serve as arbitrators in international arbitral proceedings but also to those who may, in their position as advocates, wish to persuade persons - including, perhaps, the authors.

Baker & McKenzie International Arbitration Yearbook 2013-2014

Author: Liz Williams

Publisher: Juris Publishing, Inc.

ISBN: 1937518426

Category: Law

Page: 452

View: 8400

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This is the seventh edition of the Baker & McKenzie International Arbitration Yearbook, an annual series established by the Firm in 2007. This collection of articles is comprised of reports in key jurisdictions around the globe on arbitration. Leading lawyers of the Firm’s International Arbitration Practice Group, a division of the Firm’s Global Dispute Resolution Practice Group, report on recent developments in national laws relating to arbitration and address current arbitral trends and tendencies in the jurisdictions in which they practice. This Yearbook highlights the more important recent developments in international arbitration, without aspiring to be an exhaustive case reporter or a text-book to arbitration in the broad sense. This volume will prove a useful tool for those contemplating and using arbitration to resolve international business disputes.

Towards a Science of International Arbitration

Collected Empirical Research

Author: Christopher R. Drahozal,Richard W. Naimark

Publisher: Kluwer Law International B.V.

ISBN: 9041123229

Category: Law

Page: 376

View: 3638

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Most books on international commercial arbitration approach the subject through legal theory supported by anecdotal evidence. This remarkable book is distinguished by its focus on the application of quantitative empirical research to the study of international arbitration. It collects, together with commentary, the existing empirical literature on the subject, and also presents several studies published here for the first time. Beginning with a basic overview of the methods of empirical research (surveys, observational studies, experimental studies), the book goes on to reprint the existing empirical studies under six headings: why parties agree to arbitrate; arbitration clauses; arbitral procedures; arbitrator selection; rules of decision and applicable law; and, arbitration awards. Written in an easily accessible, non-technical manner, Towards a Science of International Arbitration provides the starting point for future empirical research on international arbitration by collecting the existing empirical literature in one place and by suggesting possible topics for research. It will be of inestimable value to lawyers and others involved in international dispute resolution, whether as arbitrators, parties, party representatives, or in-house counsel, as well as to academics interested in methods of resolving disputes in international commerce.

New Horizons in International Commercial Arbitration and Beyond

Author: A. J. van den Berg

Publisher: Kluwer Law International B.V.

ISBN: 9041123482

Category: Law

Page: 627

View: 1005

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ICCA's Congress Series No. 12, reflecting the contributions of numerous renown arbitration experts to the 2004 ICCA Beijing Conference, commences with an overview of the current international arbitration regime in China and Hong Kong, noting both the progress that has been achieved and the work that remains to be done there. The remainder of the volume comprises two sets of papers on contemporary substantive and procedural issues in international commercial arbitration. The first set contains in-depth reports on the topical subjects of arbitration of foreign investment disputes, the granting of provisional or interim measures with respect to arbitration and the enforceability of awards, supplemented by commentary from the point of view of various specializations and regions. The second, also using the format of reports and commentary, addresses modalities of conciliation and settlement in relation to arbitration, including various non-binding (ADR) processes, issues (drafting step clauses and confidentiality) in integrated dispute resolution systems, which may combine conciliation and arbitration, and the role of arbitrators as settlement facilitators.

International Dispute Resolution

Towards an International Arbitration Culture

Author: A. J. van den Berg

Publisher: N.A

ISBN: N.A

Category: Law

Page: 270

View: 5539

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ICCA's lively, successful 1996 Seoul Conference, hosted by the Korean Commercial Arbitration Board, addressed four questions: . Is there a growing international arbitration culture? . Is there an expanding culture that favours combining arbitration, conciliation, and/or other dispute resolution procedures? . To what extent do arbitrators in international cases disregard the bag & baggage of national systems? . When & where do national courts reflect an international culture when deciding issues relating to international arbitration? In ICCA's Congress Series, international experts, professionals, & practitioners in the field of arbitration examine the topic of the culture of international arbitration. This work includes text from Conference commentators. The comments & reports address such diverse topics as UNCITRAL's contribution to the international arbitration culture, the interaction of arbitration & mediation, & the development of an arbitration culture within the state judiciary in the Russian federation. The variety, timeliness, & global character of these papers make this book an informative resource for practitioners of arbitration, other forms of ADR, & litigation.

Interim and Emergency Relief in International Arbitration - International Law Institute Series on International Law, Arbitration and Practice

Author: Diora Ziyaeva,Ian A. Laird,Borzu Sabahi,Anne Marie Whitesell

Publisher: Juris Publishing, Inc.

ISBN: 1937518701

Category:

Page: 388

View: 1303

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Interim and Emergency Relief In International Arbitration is a compilation of papers authored by some of the world’s leading international arbitration practitioners. It addresses issues relating to obtaining interim measure orders, including the relevant applicable standards such as irreparable harm that various international courts and tribunals, under the ICSID, UNCITRAL, ICC, SCC, and some domestic law jurisdictions often apply. It also touches upon theoretical and practical issues involving compliance with and enforcement of interim measures in international arbitration. These issues naturally are raised in the context of an ongoing discourse where tribunals have different, at times imperfect tactics for encouraging compliance with their interim measures including drawing adverse inferences, issuing diplomatic statements against a sovereign stopping just short of ordering interim measures, splitting the sum of security for costs and allowing for reimbursement, and levying heavier damages against the non-complying party without changing the substantive aspects of the award. This book explores these methods and identifies the latest trends in this exciting area of international law. Interim and Emergency Relief In International Arbitration is intended for arbitrators, practicing attorneys, representatives of international arbitral institutions and academics, all of whom will find this book very useful. The compilation of papers and presentations in the book cover a number of jurisdictions including East Asia, the Middle East, Europe and North America.

International Commercial Arbitration in Asia

Author: Philip J. McConnaughay,Tom Ginsburg

Publisher: Juris Net Llc

ISBN: N.A

Category: Political Science

Page: 546

View: 4570

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This treatise brings together some of Asia's foremost scholars and practitioners to provide an in-depth commentary on the laws and institutions involved with commercial arbitration in each of Asia's leading trading nations: China, Hong Kong, Indonesia, Japan, Korea, Malaysia, Philippines, Singapore, Taiwan, Thailand, and Vietnam. Each chapter covers not only the laws, procedures, institutions and customs affecting international commercial disputes, but also the differences between Western and Asian clients in the assignment of importance to each factor in the decision making process. The accompanying CD-Rom is devoted to original source materials, such as institutional and national rules and national legislation.

Chinese Arbitration

A Selection of Pitfalls

Author: Association for International Arbitration

Publisher: Maklu

ISBN: 904660263X

Category: Law

Page: 160

View: 6468

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A prosperous economy goes hand in hand with a competent, impartial, and efficient legal system. International investment is only possible when the business parties are confident that adequate dispute resolution possibilities exist. A conference on "Arbitration in China" was held by the Association for International Arbitration (AIA) in March 2009. This book - a product of the conference - highlights the newest opportunities and updates - for lawyers, arbitrators, mediators, and investors - about arbitration and mediation in the event a dispute were to arise with Chinese partners. The book includes the conference's opening remarks, presented by the president of the AIA, Johan Billiet, who highlights the differences between Chinese and 'Western' arbitration. Other contributions include: the issue of mediation and arbitration in China * International Chamber of Commerce arbitration in China * arbitration differences between China International Economic and Trade Arbitration Commission and other Asian institutions, such as Hong Kong International Arbitration Center, Singapore International Arbitration Center, Korean Commercial Arbitration Board, and Japan Commercial Arbitration Association * recent developments in Chinese arbitration * the issue of recognition and enforcement of arbitral awards in China.

Resolving Disputes in the Asia-Pacific Region

International Arbitration and Mediation in East Asia and the West

Author: Shahla F. Ali

Publisher: Routledge

ISBN: 1136894357

Category: Law

Page: 168

View: 6486

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How diverse cultures approach conflict in the context of the integration of global markets is a new arena for research and practice. To date, most of the research on international arbitration has focused exclusively on Western models of arbitration as practiced in Europe and North America. While such studies have accurately reflected the geographic foci of international arbitration practice in the late twentieth century, the number of international arbitrations conducted in East Asia has recently been growing steadily and on par with growth in Western regions. Resolving Disputes in the Asia-Pacific Region presents empirical research about the attitudes and perceptions of over 115 arbitrators, judges, lawyers and members of the rapidly expanding arbitration community in China, Hong Kong, Korea, Japan, Singapore, and Malaysia as well as North America and Europe. The book covers both international commercial arbitration and "alternative" techniques such as mediation, providing an empirical analysis of how both types of dispute resolution are conducted in the East Asian context. The book examines the history and cultural context surrounding preferred methods of dispute resolution in the East Asian region and sheds light on the various approaches to international arbitration across these diverse regions. This book will be of great interest to students and scholars of international arbitration and dispute resolution, comparative and Asian law, as well as anyone dealing with potential conflict in international business relationships in East Asia.

A Legal Guide to Doing Business in the Asia-Pacific

Author: Albert Vincent Y. Yu Chang,Andrew Thorson

Publisher: American Bar Association

ISBN: 9781604428438

Category: Law

Page: 500

View: 9481

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This book provides domestic law expertise, on-the-ground experience, and a global perspective of 14 countries and jurisdictions (Australia, China, Hong Kong, India, Indonesia, Japan, Malaysia, Pakistan, Philippines, Singapore, South Korea, Taiwan, Thailand, and Vietnam) and addresses topics such as: establishing a business presence; foreign investments; operational issues; litigation and dispute resolution; and developing an exit strategy.

Interim Measures in International Arbitration

Author: Lawrence W. Newma,Colin Ong

Publisher: Juris Publishing, Inc.

ISBN: 193751840X

Category: Law

Page: 956

View: 2980

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The first edition of Interim Measures in International Arbitration edited by Lawrence Newman and Dr. Colin Ong, is most auspicious in its timing. The editors have compiled a shrewd and very practical questionnaire and they have gathered together a formidable group of some of the most reputed and talented practising arbitration lawyers, academics and arbitrators from 43 leading jurisdictions to inform the reader about the essential elements of the different interim measures which are available as part of the arbitral process in a very large number of different national jurisdictions. This book, thus, combines the best elements of a focused legal textbook with the essential practicalities of a practitioners' procedural handbook. This should be a standard travelling-companion of international arbitrators and counsel as well as many international lawyers--not just those who are arbitration specialists.