Author: Michael McIlwrath Publisher: Kluwer Law International B.V. ISBN: 9041126104 Category : Law Languages : en Pages : 530
Book Description
This book is intended as an easily accessible desktop resource for lawyers who regularly counsel businesses when negotiating international deals, and for those who represent the same clients in achieving a successful resolution when disputes emerge. The text is divided into chapters that follow the life cycle of an international commercial dispute as seen through the eyes of the parties, from when they agree how to resolve disputes in their contracts to the endgame of enforcement. Additionally, the appendices include a number of model submissions for further reference.--Provided by publisher.
Author: Hilary Heilbron Publisher: Taylor & Francis ISBN: 1135133573 Category : Law Languages : en Pages : 430
Book Description
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.
Author: Stuart Dutson Publisher: ISBN: 9781787421608 Category : International commercial arbitration Languages : en Pages : 298
Book Description
The global increase in cross-border transactions has led to a rising trend in international disputes. International arbitration has become the preferred dispute resolution method, as companies and individuals increasingly favour a neutral international tribunal over foreign domestic courts.This new edition provides a practical guide to international arbitration. Written by leading experts Stuart Dutson from Simmons & Simmons, Andy Moody from Baker McKenzie and Neil Newing from Signature Litigation, this title explains the stages of the arbitration process in a straightforward manner and from a practitioner's perspective. The authors provide guidance on drafting the arbitration agreement, commencing arbitration, selecting the arbitral tribunal, drafting pleadings and evidence, managing oral hearings, liaising with the tribunal throughout the arbitral process and enforcing the final award.Numerous tips, examples and precedents are included to help the new practitioner or interested student understand each stage of the arbitration proceedings.The second edition provides an update to take into account the rule changes that have been adopted by arbitral institutions in the six years since the first edition was published, and to include up-to-date guidance on topical issues such as: third party funding in international arbitration; the increase in the number of multi-party arbitrations; procedural trends including the adoption of expedited timetables and guidance around the use of tribunal secretaries; and issues of ethics applicable to counsel and tribunals in cross-border disputes.
Author: Richard Garnett Publisher: ISBN: Category : Law Languages : en Pages : 240
Book Description
This concise, in-depth guide explores the pros and cons of arbitration, the role of national laws, key elements of the arbitration agreement, and includes a detailed analysis of arbitration procedures. Standards of conduct of the arbitrator, enforceability, challenges, modification of awards, and awards and remedies are covered. The Appendices include: - UNCITRAL Arbitration Rules - Arbitration Rules of the International Chamber of Commerce - The UNCITRAL Model Law on International Commercial Arbitration - Texts of the New York and Panama Conventions - Model UNCITRAL and ICC arbitration clauses - Information about the major arbitral centers throughout the world.
Author: Maxi Scherer Publisher: Kluwer Law International B.V. ISBN: 9403533749 Category : Law Languages : en Pages : 569
Book Description
The London Court of International Arbitration (LCIA), the oldest of all major arbitral institutions, has, since its establishment well over a century ago, embodied the ideals that underlie the arbitral alternative and set its face against undue delay, soaring cost, complexity, and acrimony. Today, the LCIA administers cases arising under any system of law in any venue worldwide. Underscoring the institution’s international nature, and over 80% of parties in pending LCIA cases today are not of English nationality. This highly practical and user-friendly guide provides not only a thorough analysis of the 2020 LCIA Rules but also a comprehensive explanation of the basic principles governing LCIA arbitration, along with an in-depth analysis of complex issues that may arise in the course of LCIA proceedings. Among the new and revised rules affecting LCIA practice and procedure described in detail include the following: use of technology, accommodating virtual conferencing, remote hearings and electronically signed awards, as well as confirming the primacy of electronic communication with the LCIA; tools to expedite proceedings, including the possibility of early dismissal determinations; explicit consideration of data protection; issues relating to bribery, corruption, terrorist financing, fraud, tax evasion, money laundering and/or economic or trade sanctions; streamlined accommodations for consolidation, composite Requests and concurrent conduct of arbitrations; conduct of authorised representatives of a party; requirements for appointment and removal of tribunal secretaries; and revised schedules of arbitration and mediation costs. The twenty-six chapters of the book provide references to essential national court judgments, statutory provisions, up-to-date statistics, and bibliographical sources on LCIA arbitrations. The 2020 LCIA Rules reflect the most sophisticated current modifications of arbitral procedure, fully aligned with the needs of current global commercial activities. For this reason, and because many companies worldwide include LCIA arbitration clauses in their agreements, this book is invaluable to business executives and corporate counsel as well as to scholars of alternative dispute resolution.
Author: Massimo V. Benedettelli Publisher: Kluwer Law International B.V. ISBN: 9041148280 Category : Law Languages : en Pages : 618
Book Description
Arbitrating cross-border business disputes has been common practice in Italy since centuries. It is no wonder, then, that Italian arbitration law and jurisprudence are ample and sophisticated. Italian courts have already rendered thousands of judgments addressing complex problems hidden in the regulation of arbitration. Italian jurists have been among the outstanding members of the international arbitration community, starting from when back in 1958, Professor Eugenio Minoli was among the promoters of the New York Convention. Being Italy the third-largest economy in the European Union and the eighth-largest economy by nominal GDP in the world, it also comes as no surprise that Italian companies, and foreign companies with respect to the business they do in the Italian market, are among the main ‘users’ of international arbitration, nor that Italy is part to a network of more than 80 treaties aimed to protect inbound and outbound foreign direct investments and being the ground for investment arbitration cases. Moreover, in recent years, Italy has risen to prominence as a neutral arbitral seat, in particular for the settlement of ‘intra-Mediterranean’ disputes, also thanks to the reputation acquired by the Milan Chamber of Arbitration which has become one of the main European arbitral institutions. This book is the first commentary on international arbitration in Italy ever written in English. It is an indispensable tool for arbitrators, counsel, experts, officers of arbitral institutions and judges who happen to be involved in arbitral proceedings or arbitration-related court proceedings somewhat linked to the Italian legal system, either because Italy is the seat of the arbitration, the Italian jurisdiction has been ousted by a foreign-seated arbitration, the assistance of Italian courts is sought for the granting of interim measures or the enforcement of a foreign award or the arbitration results from a multilateral or bilateral investment protection treaty to which Italy is a party. This book may also be of general interest for scholars and practitioners of international arbitration at large to the extent that it deals with the ‘theory’ of international arbitration and illustrates original solutions offered by Italian arbitration law to various complex issues, such as: the potential conflicts (and required balance) between party autonomy and State sovereignty in the governance of arbitrations; the relationship between the New York Convention and the legal system of the State of the arbitral seat; the potential impact on cross-border arbitrations of insolvencies, human rights, or European Union law; the arbitrability of corporate disputes; the extension of arbitration agreements to ‘necessary parties’. Appendixes include an English translation of the main provisions of Italian law relevant to arbitration, a list of the investment protection treaties to which Italy is a party, and an English version of the Rules of Arbitration of the Milan Chamber of Arbitration. The author, who is full professor of international law, name partner of ArbLit (the first Italian boutique focusing on cross-border dispute settlement) and the current Italian member of the ICC Court of Arbitration, has written the book aiming to combine his academic background with his long-standing experience as counsel and arbitrator.
Author: Lawrence W. Newman Publisher: Juris Publishing, Inc. ISBN: 1937518337 Category : Law Languages : en Pages : 46
Book Description
The Leading Arbitrators' Guide to International Arbitration Third Edition offers thoughtful advice and insights into the world of international arbitration from some of the most prominent and experienced international arbitrators in the world. The contributors are arbitrators from Australia, Belgium, Canada, Chile, Denmark, England, France, Germany, Italy, The Netherlands, Italy, Spain, Sweden, Switzerland 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. As a result, there may be instances in which the authors disagree with one another on certain points. This is to be expected 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 internatinoal arbitral proceedings but also to those who may, in their position as advocates, wish to persuade persons -- including, perhaps, the authors.
Author: Michael McIlwrath
Author: Hilary Heilbron
Author: Stuart Dutson
Author: Richard Garnett
Author: Abby Cohen Smutny
Author: Maxi Scherer
Author: Gerald Aksen
Author: Dr. Manuel Arroyo
Author: Massimo V. Benedettelli
Author: Lawrence W. Newman