Arbitration Ex-aequo Et Bono (equity Clauses). PDF Download

Author: Tatjana Lisavac
Publisher:
ISBN:
Category :
Languages : en
Pages :

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Author: Nicholai Christopher Anderson
Publisher:
ISBN:
Category : International commercial arbitration
Languages : en
Pages : 124

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Author: Nobumichi Teramura
Publisher: Kluwer Law International B.V.
ISBN: 9403520809
Category : Law
Languages : en
Pages : 316

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Book Description
Despite its many distinguished proponents over time, ex aequo et bono – the idea of deciding disputes on the basis of what an adjudicator regards as fair and equitable – has failed to take hold in international commercial arbitration (ICA). Formalisation and fossilisation of arbitral procedure, as manifested in the increasing use of litigation-style practice, unfortunately reign instead. This bold and challenging book argues that parties to an arbitration should be more willing for their cross-border disputes to be decided (and arbitrators should be more prepared to decide those disputes) in accordance with broad principles of equity and fairness, rather than by strict adherence to technical rules of law. Putting forward suggestions based on extensive research and doctrinal considerations, this book invites us to confront what ICA was supposed to be, what it now is and what it can be. In particular, Dr Teramura discusses how, by resorting to ex aequo et bono, arbitrators can: construe contractual terms, including the limits; apply trade usages; deal with mandatory rules of a given forum or place of performance; minimise the cost and length of time that arbitration takes; avoid the abuse of discretion; and ensure predictable results. The book examines significant differences in the way that ex aequo et bono arbitration is understood among various state and international institutions. It attempts to identify a ‘common core’ of universally accepted concepts underlying those different understandings. The book argues that ex aequo et bono has the potential to reform ICA without undermining its positive aspects. Along the way, it discusses the implications of ex aequo et bono arbitration on the now widely used UNCITRAL Model Law on ICA. It should thus appeal to lay business persons and commercial law practitioners who are looking for an economical and efficient way to solve business disputes within a globalised arbitration framework.

Author: Jean-François Poudret
Publisher: Sweet & Maxwell
ISBN: 0421932104
Category : Arbitration (International law)
Languages : en
Pages : 992

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Guides practitioners through the international arbitration process from beginning to end. This work covers each step of arbitral procedure, from the conclusion of the arbitration agreement to the enforcement of the arbitral award, from a comparative standpoint, helping practitioners decide which jurisdiction's rules they wish to be bound by

Author: Masahiro Miyoshi
Publisher: Springer
ISBN:
Category : Law
Languages : en
Pages : 312

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Book Description
An increasing reference to equity can be seen in recent international treaties, despite the general and sustainable, criticism of its application to the legal relations between states on the grounds of its subjectivity. Be that as it may, States tend to insert equitable provisions in treaties, either in the preamble or in the operative clauses, particularly those dealing with dispute settlement. This is a direct reflection of the States' awareness of the need for a practical response to changes or new developments in international relations which cause or may cause gaps in the existing rules of international law.

Author: Gary Born
Publisher:
ISBN: 9789041183880
Category : Arbitration (International law)
Languages : en
Pages : 326

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Book Description
Preface and Acknowledgements --Preface and Acknowledgements to the Fifth Edition --Planning for International Dispute Resolution --Drafting International Forum Selection Clauses --Drafting International Arbitration Agreements --Enforcing International Forum Selection Agreements --Enforcing International Arbitration Agreements --Recognizing and Enforcing Foreign Judgments --Recognizing and Enforcing International Arbitral Awards --Drafting and Enforcing Choice-of-Law Clauses --United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards ("New York Convention"), New York, 10 June 1958 --Convention of 30 June 2005 on Choice of Court Agreements ("Hague Convention on Choice of Court Agreements") --UNCITRAL Model Law on International Commercial Arbitration (1985) --UNCITRAL Model Law on International Commercial Arbitration (2006 Revisions) --UNCITRAL Arbitration Rules (as revised in 2010) --International Arbitral Institutions --Select Bibliography on International Arbitration and Forum Selection Agreements --Model Submission Agreement --Model Institutional Arbitration Clauses --Representative International Arbitration Clauses.

Author: Gary B. Born
Publisher: Kluwer Law International B.V.
ISBN: 9041154159
Category : Law
Languages : en
Pages : 5391

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Book Description
The second edition of Gary Born's International Commercial Arbitration is an authoritative 4,408 page treatise, in three volumes, providing the most comprehensive commentary and analysis, on all aspects of the international commercial arbitration process, that is available. The first edition of International Commercial Arbitration is widely acknowledged as the preeminent commentary in the field. It was awarded the 2011 Certificate of Merit by the American Society of International Law and was voted the International Dispute Resolution Book of the Year by the Oil, Gas, Mining and Infrastructure Dispute Management list serve in 2010. The first edition has been extensively cited in national court decisions and arbitral awards around the world. The treatise comprehensively examines the law and practice of contemporary international commercial arbitration, thoroughly explicating all relevant international conventions, national arbitration statutes and institutional arbitration rules. It focuses on both international instruments (particularly the New York Convention) and national law provisions in all leading jurisdictions (including the UNCITRAL Model Law on International Commercial Arbitration). Practitioners, academics, clients, institutions and other users of international commercial arbitration will find clear and authoritative guidance in this work. The second edition of International Commercial Arbitration has been extensively revised, expanded and updated, to include all material legislative, judicial and arbitral authorities in the field of international arbitration prior to January 2014. It also includes expanded treatment of annulment, recognition of awards, counsel ethics, arbitrator independence and impartiality and applicable law. Overview of volumes: Volume I, covering International Arbitration Agreements,provides a comprehensive discussion of international commercial arbitration agreements. It includes chapters dealing with the legal framework for enforcing international arbitration agreements; the separability presumption; choice of law; formation and validity; nonarbitrability; competence-competence and the allocation of jurisdictional competence; the effects of arbitration agreements; interpretation and non-signatory issues. Volume II, covering International Arbitration Procedures, provides a detailed discussion of international arbitral procedures. It includes chapters dealing with the legal framework for international arbitral proceedings; the selection, challenge and replacement of arbitrators; the rights and duties of international arbitrators; selection of the arbitral seat; arbitration procedures; disclosure and discovery; provisional measures; consolidation, joinder and intervention; choice of substantive law; confidentiality; and legal representation and standards of professional conduct. Volume III, dealing with International Arbitral Awards, provides a detailed discussion of the issues arising from international arbitration awards. It includes chapters covering the form and contents of awards; the correction, interpretation and supplementation of awards; the annulment and confirmation of awards; the recognition and enforcement of arbitral awards; and issues of preclusion, lis pendens and staredecisis.

Author: Catharine Titi
Publisher: Oxford University Press
ISBN: 0198868006
Category : Law
Languages : en
Pages : 225

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Book Description
Drawing on a large and varied body of judicial and arbitral case law, this book provides a comprehensive, original, and up-to-date account of the role of equity in international law.

Author: Ioana Tudor
Publisher: Oxford University Press, USA
ISBN: 0199235066
Category : Business & Economics
Languages : en
Pages : 348

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Book Description
This text analyses the conventional and customary framework of the fair and equitable treatment clauses commonly found in bilateral investment treaties (BITs) and charts how these clauses have become norms of customary international law.

Author: Christoph Schreuer (juriste)
Publisher: Cambridge University Press
ISBN: 0521885590
Category : Arbitration and award
Languages : en
Pages : 1599

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Book Description
This is a practice-oriented guide, including text, commentary, tables and index, for anyone dealing with the International Centre for Settlement of Investment Disputes (ICSID).