The Fundamentals Of International Commercial Arbitration

The fundamentals of international commercial arbitration PDF
Author: Niek Peters
Publisher: Maklu
ISBN: 9046609111
Size: 16.62 MB
Format: PDF, ePub, Docs
Category :
Languages : en
Pages : 278
View: 411

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Written from a comparative perspective, with an eye for international conventions and instruments, this book deals with the particulars of international commercial arbitration. In an easily accessible manner it amongst others considers: • the characteristics of international commercial arbitration • advantages and perceived disadvantages of international commercial arbitration • pros and cons of ad hoc and institutional arbitration • laws applicable in international commercial arbitration • essentials of the arbitration agreement and questions of arbitrability • the establishment and composition of the tribunal • the duty to disclose conflicts of interests and the challenge of arbitrators • the end of the arbitrators’ mandate and their replacement • the organisation of the arbitration • powers, duties and liability of arbitrators • the jurisdiction of arbitrators • the course of the arbitration proceedings, from the request for arbitration to the award, including questions of evidence and document production • the form and contents of awards • recognition, enforcement and annulment of awards Everything is presented practically and analytically, amongst others drawing on case law different and the experience of the author. Where indicated national arbitration acts as well as various predrafted arbitration rules are compared and differences are highlighted. For those who want to get acquainted with international commercial arbitration or seek guidance with regard to a specific question that may arise in the course of an international commercial arbitration this book provides a convenient work.

International Commercial Arbitration

International Commercial Arbitration PDF
Author: Jack J. Coe
Publisher: Transnational Pub Incorporated
ISBN:
Size: 52.63 MB
Format: PDF, Mobi
Category : Law
Languages : en
Pages : 948
View: 6182

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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.

International Commercial Arbitration

International Commercial Arbitration PDF
Author: Simon Greenberg
Publisher: Cambridge University Press
ISBN: 113949449X
Size: 49.21 MB
Format: PDF, ePub, Docs
Category : Law
Languages : en
Pages :
View: 3441

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There has been an exponential rise in the use of ICA for resolving international business disputes, yet international arbitration is a scarcely regulated, specialty industry. International Commercial Arbitration: An Asia Pacific Perspective is the first book to explain ICA topic by topic with an Asia Pacific focus. Written for students and practising lawyers alike, this authoritative book covers the principles of ICA thoroughly and comparatively. For each issue it utilises academic writings from Asia, Europe and elsewhere, and draws on examples of legislation, arbitration procedural rules and case law from the major Asian jurisdictions. Each principle is explained with a simple statement before proceeding to more technical, theoretical or comparative content. Real-world scenarios are employed to demonstrate actual application to practice. International Commercial Arbitration is an invaluable resource that provides unique insight into real arbitral practice specific to the Asia Pacific region, within a global context.

Recognition And Enforcement Of Foreign Arbitral Awards In Theory And In Practice

Recognition and Enforcement of Foreign Arbitral Awards in Theory and in Practice PDF
Author: Ihab Abdel Salam Amro
Publisher: Cambridge Scholars Publishing
ISBN: 1443858668
Size: 49.37 MB
Format: PDF, ePub
Category : Law
Languages : en
Pages : 197
View: 1723

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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 Arbitration And Public Policy

International Arbitration and Public Policy PDF
Author: Devin Bray
Publisher: Juris Publishing, Inc.
ISBN: 1937518442
Size: 67.61 MB
Format: PDF, Docs
Category : Arbitration and award
Languages : en
Pages : 250
View: 377

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International Arbitration and Public Policy includes articles that originally appeared in the Stockholm Arbitration Report (SAR) and the Stockholm International Arbitration Review (SIAR). The articles have been revised and updated for this publication. The authors and articles selected include a wide range of perspectives and include judges, arbitrators, seasoned practitioners and well-respected scholars that can account for the first-hand practice-orientated developments of international arbitration. The book is set out in two parts. In the first part of the book the authors tackle the daunting task of articulating the architecture and function of international public policy, highlighting its domestic and transnational dimensions as well as procedural and substantive contours. In the second part of the book, the authors tease out specific manifestations of the international public policy concept, addressing issues commonly seen in the application of the public policy concept in various jurisdictions and regions of the world, including the United States, Sweden, Switzerland, Ukraine, and East Asia, as well as under New York Convention.

An International Restatement Of Contract Law

An International Restatement of Contract Law PDF
Author: Michael Joachim Bonell
Publisher: Martinus Nijhoff Publishers
ISBN: 9004177167
Size: 38.24 MB
Format: PDF, Kindle
Category : Law
Languages : en
Pages : 691
View: 144

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The Unidroit Principles of International Contracts, first published in 1994, have met with extraordinary success in the legal and business community worldwide. Prepared by a group of eminent experts from all major legal systems of the world, they provide a comprehensive set of rules for international commercial contracts. Available in more than 20 language versions, they are increasingly being used by national legislatures as a source of inspiration in law reform projects, by lawyers as guidelines in contract negotiations and by arbitrators as a legal basis for the settlement of disputes. In 2004 a new edition of the Unidroit Principles was approved, containing five new chapters and adaptations to take into account electronic contracting. This new edition of An International Restatement of Contract Law is the first comprehensive introduction to the Unidroit Principles 2004. In addition, it provides an extensive survey and analysis of the actual use of the Unidroit Principles in practice with special emphasis on the different ways in which they have been interpreted and applied by the courts and arbitral tribunals in the hundred or so cases reported worldwide. The book also contains the full text of the Preamble and the 180 articles of the Unidroit Principles 2004 in Chinese, English, French, German, Italian and Russian as well as the 1994 edition in Spanish. Published under the Transnational Publishers imprint.

Unidroit Principles Of International Commercial Contracts

Unidroit Principles of International Commercial Contracts PDF
Author: Eckart Brödermann
Publisher:
ISBN: 9783848748129
Size: 71.88 MB
Format: PDF, ePub, Mobi
Category : Commercial law
Languages : en
Pages : 531
View: 113

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"The UNIDROIT principles of international commercial contracts provide a...tool for cross-border contracts restating an international understanding of global contract law. They can be chosen as a neutral and pragmatic business oriented contractual regime for cross-border contracts, developed under the auspices and finally approved by the intergovernmental organization UNIDROIT (Rome). They contain over 50 solutions to typical contractual questions constituting compromises between civil and common law. The United Nations Commission on International Trade Law has endorsed their use 'as appropriate, for their intended purposes.' The commentary analyses the UNIDROIT principles article by article from a practical perspective, while always discussing alternative courses of action, where they apply."--

Essays On International Commercial Arbitration

Essays on International Commercial Arbitration PDF
Author: Petar Sarcevic
Publisher: BRILL
ISBN: 9780860107057
Size: 13.26 MB
Format: PDF, ePub, Docs
Category : Law
Languages : en
Pages : 247
View: 6092

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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.

Comparative International Commercial Arbitration

Comparative International Commercial Arbitration PDF
Author: Julian D. M. Lew
Publisher: Kluwer Law International B.V.
ISBN: 9041115684
Size: 58.27 MB
Format: PDF, Docs
Category : Law
Languages : en
Pages : 953
View: 2008

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This treatise describes the practice of international commercial arbitration with reference to the major international treaties and instruments, arbitration rules and national laws. It provides an analysis of the interaction between party autonomy and arbitration practice.

The Unidroit Principles Of International Commercial Contracts

The Unidroit Principles of International Commercial Contracts PDF
Author: David Oser
Publisher: Martinus Nijhoff Publishers
ISBN: 9004167897
Size: 56.90 MB
Format: PDF
Category : Law
Languages : en
Pages : 184
View: 2894

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This book offers in-depth analysis of the foundations of, and justifications for, application of the Unidroit Principles of International Commercial Contracts as the governing law to be recognized by arbitral tribunals and domestic courts.