An Introduction to International Arbitration PDF Download

Author: Ilias Bantekas
Publisher: Cambridge University Press
ISBN: 1316352641
Category : Law
Languages : en
Pages : 397

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Book Description
This concise yet comprehensive textbook introduces the reader to the law and practice of international arbitration. Arbitration is a complex field due to the variety of disciplines involved and necessitates an approach that takes nothing for granted. Written by a renowned scholar and practitioner, this book explains the divergent issues of civil procedure, contracts, conflict of laws, international law amongst others in an accessible manner. Focusing mainly on international commercial arbitration, the book also features a distinct chapter on consumer and online arbitration and an equally comprehensive chapter on international investment arbitration.

Author: Giuditta Cordero-Moss
Publisher: Cambridge University Press
ISBN: 113995234X
Category : Law
Languages : en
Pages : 347

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Book Description
Any practising lawyer and student working with international commercial contracts faces standardised contracts and international arbitration as mechanisms for dispute settlement. Transnational rules may be applicable, but national law is still important. Based on extensive practical experience, this book analyses international contract practice and its interaction with the various applicable sources: which role is played by the contractual regulation, which by national law, which by transnational sources, what is the interaction among these factors, and how does this all apply to contracts that refer disputes to international arbitration?

Author: Franco Ferrari
Publisher: Edward Elgar Publishing
ISBN: 1800882793
Category : Law
Languages : en
Pages : 288

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Book Description
This indispensable book offers a concise comparative introduction to international commercial arbitration (ICA). With reference to recent case law from leading jurisdictions and up-to-date rules revisions, International Commercial Arbitration offers a thorough overview of the issues raised in arbitration, from the time of drafting of the arbitration clause to the rendering of the arbitral award and the post-award stage.

Author: Chester Brown
Publisher: Cambridge University Press
ISBN: 1139503618
Category : Law
Languages : en
Pages : 747

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Book Description
International investment law is in a state of evolution. With the advent of investor-State arbitration in the latter part of the twentieth century - and its exponential growth over the last decade - new levels of complexity, uncertainty and substantive expansion are emerging. States continue to enter into investment treaties and the number of investor-State arbitration claims continues to rise. At the same time, the various participants in investment treaty arbitration are faced with increasingly difficult issues concerning the fundamental character of the investment treaty regime, the role of the actors in international investment law, the new significance of procedure in the settlement of disputes and the emergence of cross-cutting issues. Bringing together established scholars and practitioners, as well as members of a new generation of international investment lawyers, this volume examines these developments and provides a balanced assessment of the challenges being faced in the field.

Author: Stefan Michael Kröll
Publisher:
ISBN: 9781108378406
Category : Business & Economics
Languages : en
Pages : 0

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Book Description
"The present Compendium departs from these approaches to address in an encyclopedic manner the numerous questions associated with arbitration as a fundamental dispute resolution mechanism in the areas of international business and investment. Like an encyclopedia, the Compendium contains separate entries for most of the foundational principles and concepts underlying arbitration. It has brought together many of the leading and upcoming voices in the field from both academia and practice. The 67 entries outline the issues to be treated, describe their historic development, highlight the central approaches that scholars and practitioners have taken towards them, analyze the theories underlying those approaches, and delineate the arguments in areas of perennial dispute. The Compendium takes a holistic view of international arbitration, which distinguishes it from most other publications focusing on either commercial arbitration or investment arbitration, but not on both. It brings together, in one place, contributions covering all main areas of international arbitration from both a commercial and an investment arbitration perspective, and focusing more on the fundamental issues underlying the various topics than on the solutions adopted in any particular jurisdiction, thus making the Compendium a truly cross-border, transnational resource. This innovative approach will allow readers to identify the commonalities as well as the differences between commercial and investment arbitration, whether and where cross-fertilization has taken place, and what consequences it can have. The idea behind this Compendium was to provide a tool promoting the creation of a culture of international arbitration that considers commercial arbitration and investment arbitration as part of a whole but with certain distinct features particular to each, which the various contributions allow the reader to identify. The creation of this culture of arbitration also requires the interaction between arbitration scholars and arbitration practitioners, with the knowledge that academia can learn from practice and vice versa. Many distinguished arbitration practitioners and scholars have participated in this project, knowing very well that the interaction between them is necessary to promote a culture of international arbitration that mirrors reality and that is useful to the entire arbitration community. We are pleased to present their contributions to you"--

Author: Stefan Kröll
Publisher: Cambridge University Press
ISBN: 1009302388
Category : Law
Languages : en
Pages : 3006

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Book Description
The Compendium, like an encyclopedia, contains entries for most of the foundational principles and concepts underlying arbitration. Each entry takes a holistic view of international arbitration, as they tackle core concepts from both a commercial and an investment arbitration perspective, focusing on the fundamental issues underlying the various topics rather than on the solutions adopted in any particular jurisdiction, thus making the Compendium a truly cross-border, transnational resource. This innovative approach will allow readers to identify the commonalities as well as the differences between commercial and investment arbitration, whether and where cross-fertilization has taken place and what consequences it can have. This approach allows the Compendium to be a tool in promoting the creation of a culture of international arbitration that considers commercial arbitration and investment arbitration as part of a whole but with certain distinct features particular to each.

Author: Zachary Douglas
Publisher: Cambridge University Press
ISBN: 0521855675
Category : Business & Economics
Languages : en
Pages : 685

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Book Description
This book is a codification of the principles and rules relating to the prosecution of investment claims.

Author: Campbell McLachlan
Publisher: Cambridge University Press
ISBN: 100905838X
Category : Law
Languages : en
Pages : 147

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Book Description
The Institute of International Law's 2019 Resolution on the Equality of Parties before International Investment Tribunals represents a major step forward in codification of this essential principle as it applies to investor-state dispute settlement: a principle whose application in this context has attracted increasing controversy in recent years. In this commentary, Campbell McLachlan, who served as the Institute's Rapporteur on the topic, explains the context for the Resolution and sets forth an article-by-article analysis of its provisions, drawing upon a wealth of prior case-law as well as the discussions within the Institute that led to the Resolution. The resulting text is designed to assist counsel and tribunals in investment cases, as well as contribute to the wider debate on the reform of investor-state dispute settlement.

Author: Peter Ashford
Publisher: Cambridge University Press
ISBN: 1139620509
Category : Law
Languages : en
Pages : 193

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Book Description
The IBA Rules are the most common feature of international arbitration around the world, yet so far little work has been done exploring the Rules themselves. In this practical guide, Peter Ashford combines a detailed discussion of the Rules and the commentary from the Drafting Committee with a tabular view of the interaction between the Rules and those of the main arbitration institutions. Written by a respected and experienced arbitration practitioner, the guide conveniently brings into one place materials that will assist in the practical application of the IBA Rules. This contribution to an under-covered area of international arbitration provides an invaluable handbook for arbitration practitioners in law firms, chambers, and general or in-house counsel in large corporations.

Author: Daniel Behn
Publisher: Cambridge University Press
ISBN: 1108943756
Category : Law
Languages : en
Pages : 581

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Book Description
International investment arbitration remains one of the most controversial areas of globalisation and international law. This book provides a fresh contribution to the debate by adopting a thoroughly empirical approach. Based on new datasets and a range of quantitative, qualitative and computational methods, the contributors interrogate claims and counter-claims about the regime's legitimacy. The result is a nuanced picture about many of the critiques lodged against the regime, whether they be bias in arbitral decision-making, close relationships between law firms and arbitrators, absence of arbitral diversity, and excessive compensation. The book comes at a time when several national and international initiatives are under way to reform international investment arbitration. The authors discuss and analyse how the regime can be reformed and ow a process of legitimation might occur.