Yearbook Commercial Arbitration 2014

Author: Van Den Berg

Publisher: Kluwer Law International

ISBN: 9789041149800

Category: Law

Page: 832

View: 8264

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Volume XXXVII (2012) of the Yearbook again presents readers with a selection of arbitral awards and court decisions made accessible by translations, indices and categorized lists. Since Volume XXXV (2010), the Yearbook's selection of arbitral awards and court decisions is available in a combination of print edition and online publishing. Arbitral awards continue to be published in print in their entirety, as are Parts of the Yearbook providing various information. Court decisions are presented at two levels of consultation: a Summary of each decision, prefaced by a short recap, is published in print; a detailed Excerpt of the decision is available online at . A code provided with the Yearbook allows readers to access the relevant Volume online, as well as the preceding Volume. Readers who have purchased Volume XXXVII (2012) can therefore access materials from both this Volume and Volume XXXVI (2011).

Multi-Party and Multi-Contract Arbitration in the Construction Industry

Author: Dimitar Kondev

Publisher: John Wiley & Sons

ISBN: 1119251788

Category: Law

Page: 408

View: 1730

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Multi-Party and Multi-Contract Arbitration in the Construction Industry provides the first detailed review of multi-party arbitration in the international construction sector. Highly practical in approach, the detailed interpretation and assessment of the arbitration of multi-party disputes will facilitate understanding and decision making by arbitrators, clients and construction contractors.

Hague yearbook of international law. Vol. 8 (1995)

Author: A. C. Kiss,Lammers

Publisher: Martinus Nijhoff Publishers

ISBN: 9041102760

Category: Law

Page: 248

View: 5376

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This is the eighth volume of the "Hague Yearbook of International" "Law," which succeeds the Yearbook of the Association of Attenders and Alumni of the Hague Academy of International Law. The title "Hague Yearbook of International Law" reflects the close ties which have always existed between the AAA and the City of The Hague with its international law institutions, and indicates the Editors' intention to devote attention to developments taking place in those international law institutions, viz. the International Court of Justice, the Permanent Court of Arbitration, the Iran-United States Claims Tribunal and the Hague Conference on Private International Law. This volume contains in-depth articles on these developments (in English and French) and summaries of (aspects of) decisions rendered by the International Court of Justice, the Permanent Court of Arbitration and the Iran-United States Claims Tribunal.

Investment Treaty Arbitration

Problems and Exercises

Author: Kaj Hobér,Joel Dahlquist Cullborg

Publisher: Edward Elgar Publishing

ISBN: 1786433621

Category:

Page: 800

View: 5949

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Investment Treaty Arbitration is an excellent teaching tool for lecturers and readers of international investment arbitration. This casebook includes over 40 exercises based on real-life disputes, helping readers evaluate and analyse all aspects of the topic.

Recognition and Enforcement of Foreign Arbitral Awards in Theory and in Practice

A Comparative Study in Common Law and Civil Law Countries

Author: Ihab Abdel Salam Amro

Publisher: Cambridge Scholars Publishing

ISBN: 1443858668

Category: Law

Page: 197

View: 8958

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This book initiates a discussion of the law and practice of recognition and enforcement of foreign arbitral awards in both common law and civil law countries. In terms of law, this book principally focuses on the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958, and the harmony or clash between the New York Convention and national arbitration laws of both common law and civil law countries including the UK and the USA (as common law countries), and France, Germany and Greece (as civil law countries). In terms of practice, this book deeply and extensively examines the judicial application of the New York Convention in national courts of common law and civil law countries, and sheds light on the best practices related to the judicial application of the New York Convention, while also highlighting how future disputes can be resolved in national courts. As such, this book provides solutions for salient and recurring problems arising out of the erroneous judicial application or interpretation of the New York Convention by national courts, and encourages the adoption of a more liberal regime in favour of the recognition and enforcement of foreign arbitral awards generally, and the adoption of a more liberal interpretation of the New York Convention in national courts of both common law and civil law countries particularly. This book, which is based on more than 100 courts’ decisions from common law and civil law countries, is a valuable resource for academics, arbitrators, practicing lawyers, corporate counsels, law students and researchers interested in international commercial arbitration, as well as for business professionals involved in international trade, and those who are willing to solve their commercial disputes through arbitration.

International Investment Law

A Chinese Perspective

Author: Guiguo Wang

Publisher: Routledge

ISBN: 1134442424

Category: Law

Page: 586

View: 7354

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Increasing and intensified cross-border economic exchange such as trade and investment is an important feature of globalization. In the past, a distinction could be made between capital importing and exporting countries, or host and home countries for foreign direct investment (FDI). Due to globalization, FDI is presently made by and in both developed and developing countries. Differences in political, economic and legal systems and culture are no longer obstacles for FDI, and to varying degrees the economic development of almost all countries is closely linked with the inflow of FDI. This book conducts critical assessments of aspects of current international law on FDI, focusing on cases decided by the tribunals of the International Centre for Settlement of Investment Disputes (ICSID) and other tribunals as well as decisions of annulment ad hoc committees of the ICSID. In examining such cases, Guiguo Wang takes into account the Chinese culture and China’s practice in the related areas. The book explores topics including: the development and trend of international investment law; unilateral, bilateral and multilateral mechanisms for encouraging and protecting FDIs; determination of qualified investors and investments and consent as conditions for protection; relative and absolute standards of treatment; determination of expropriation in practice; assessment of compensation for expropriation; difficulties in enforcing investment arbitral awards; and alternatives for improving the existing system. The book will be of great use and interest to scholars, practitioners and students of international investment law and international economic law, Asian law, and Chinese studies.

Yearbook of the International Law Commission 2000

Author: United Nations. International Law Commission

Publisher: United Nations Publications

ISBN: 9789211335309

Category: Law

Page: 410

View: 3167

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The International Law Commission was established by the UN General Assembly in 1947 to promote the progressive development of international law and its codification. This yearbook contains summary records of its 52nd session, held in Geneva in 2000 (2612th to 2664th meetings), as well as details of cases and multilateral instruments cited, and a checklist of documents of the 52nd session.

Hague Yearbook of International Law

Author: A. C. Kiss,Lammers

Publisher: Martinus Nijhoff

ISBN: 9789041102768

Category: International law

Page: 248

View: 6880

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This is the eighth volume of the "Hague Yearbook of International" "Law," which succeeds the Yearbook of the Association of Attenders and Alumni of the Hague Academy of International Law. The title "Hague Yearbook of International Law" reflects the close ties which have always existed between the AAA and the City of The Hague with its international law institutions, and indicates the Editors' intention to devote attention to developments taking place in those international law institutions, viz. the International Court of Justice, the Permanent Court of Arbitration, the Iran-United States Claims Tribunal and the Hague Conference on Private International Law. This volume contains in-depth articles on these developments (in English and French) and summaries of (aspects of) decisions rendered by the International Court of Justice, the Permanent Court of Arbitration and the Iran-United States Claims Tribunal.

International Arbitration and Global Governance

Contending Theories and Evidence

Author: Walter Mattli,Thomas Dietz

Publisher: OUP Oxford

ISBN: 0191026131

Category: Political Science

Page: 272

View: 5402

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Most literature on international arbitration is practice-oriented, technical, and promotional. It is by arbitrators and largely for arbitrators and their clients. Outside analyses by non-participants are still very rare. This book boldly steps away from this tradition of scholarship to reflect analytically on international arbitration as a form of global governance. It thus contributes to a rapidly growing literature that describes the profound economic, legal, and political transformation in which key governance functions are increasingly exercised by a new constellation that include actors other than national public authorities. The book brings together leading scholars from law and the social sciences to assess and critically reflect on the significance and implications of international arbitration as a new locus of global private authority. The views predictably diverge. Some see the evolution of these private courts positively as a significant element of an emerging transnational private legal system that gradually evolves according to the needs of market actors without much state interference. Others fear that private courts allow transnational actors to circumvent state regulation and create an illegitimate judicial system that is driven by powerful transnational companies at the expense of collective public interests. Still others accept that these contrasting views serve as useful starting points of an analysis but are too simplistic to adequately understand the complex governance structures that international arbitration courts have been developing over the last two decades. In sum, this book offers a wide-ranging and up-to-date analytical overview of arguments in a vigorous nascent interdisciplinary debate about arbitration courts and their exercise of private governance power in the transnational realm. This debate is generating fascinating new insights into such central topics as legitimacy, constitutional order and justice beyond classical nation state institutions.

Principles of International Investment Law

Author: Rudolf Dolzer (jurist),Christoph Schreuer

Publisher: Oxford University Press

ISBN: 0199651795

Category: Business & Economics

Page: 417

View: 5594

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This book provides an ideal introduction to the fundamentals of international investment law and dispute settlement for students or practitioners. It combines a systematic analytical study of the texts and principles underlying investment law with a jurisprudential analysis of the case law arising in international tribunals.

Guide on the Convention on the Recognition and Enforcement of Foreign Arbitral Awards

New York, 1958

Author: UNCITRAL Secretariat,Emmanuel Gaillard,George A. Bermann

Publisher: BRILL

ISBN: 9004351949

Category: Law

Page: 400

View: 1846

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The Guide on the Convention on the Recognition and Enforcement of Foreign Arbitral Awards provides a detailed analysis of the judicial interpretation and application of the New York Convention by reference to case law from 45 Contracting States. The Guide, and the newyorkconvention1958.org website which supplements it, will become an essential tool that benefits all those involved in the interpretation and application of the New York Convention.