Commercial Mediation and Arbitration in the NAFTA Countries PDF Download

Author: Luis Miguel Díaz
Publisher: Juris Publishing, Inc.
ISBN: 1929446020
Category : Law
Languages : en
Pages : 490

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Book Description
Appendices. Index. With commentary and analysis on commercial mediation and arbitration provided by some of the leading Judges, Lawyers and Academics in the field, Commercial Mediation and Arbitration in the NAFTA Countries is the definitive source on dispute resolution under NAFTA and also on arbitration and mediation in Canada, Mexico and the United States - on both the National and International level. This work, the result of the efforts of the Canadian, Mexican and United States? governments and the U.S. Mexico Conflict Resolution Center (CRC), which was created in 1994 via United States Congressional funding to promote Arbitration and ADR in the NAFTA region, presents the proceedings of the first-ever conference on mediation and arbitration in the NAFTA countries held in Mexico City in June 1999. This work is not only timely, but a must for anyone involved, either directly or indirectly, in dispute resolution in the region.

Author: William F. Fox
Publisher: Kluwer Law International B.V.
ISBN: 9041170081
Category : Law
Languages : en
Pages : 397

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Book Description
Although negotiation still lies at the heart of international commercial agreements, much of the detail has migrated to the Internet and has become part of electronic commerce. This incomparable one-volume work??now in its sixth edition??with its deeply informed emphasis on both the face-to-face and electronic components of setting up and performing an international commercial agreement, stands alone among contract drafting guides and has proven its enduring worth. Following its established highly practical format, the book’s much-appreciated precise information on a wide variety of issues??including those pertaining to intellectual property, alternative dispute resolution, and regional differences??is of course still here in this new edition. There is new and updated material on such matters as the following: • the need for contract drafters to understand and to use the concepts of “standardization” (i.e., the work of the International Organization for Standardization (ISO) as a contract drafting tool); • new developments and technical progress in e-commerce; • new developments in artificial intelligence in contract drafting; • the possible use of electronic currencies such as Bitcoin as a payment device; • foreign direct investment; • special considerations inherent in drafting licensing agreements; • online dispute resolution including the innovations referred to as the “robot” arbitrator; • changes in the arbitration rules of major international organizations; and • assessment of possible future trends in international commercial arrangements. Each chapter provides numerous references to additional sources, including a large number of websites. Materials from and citations to appropriate literature in languages other than English are also included. In its recognition that a business executive entering into an international commercial transaction is mainly interested in drafting an agreement that satisfies all of the parties and that will be performed as promised, this superb guide will immeasurably assist any lawyer or business executive to plan and carry out individual transactions even when that person is not interested in a full-blown understanding of the entire landscape of international contracts. Business executives who are not lawyers will find that this book gives them the understanding and perspective necessary to work effectively with the legal experts.

Author: Ann L. MacNaughton
Publisher: American Bar Association
ISBN: 9781590310922
Category : Law
Languages : en
Pages : 454

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Book Description
This anthology provides a treatment of environmental dispute resolution for the practitioner, along with practical guidance for those wishing to focus on particular aspects. It offers a toolkit of diagnostics, systems, strategies and methodologies proven effective in diverse substantive contexts.

Author: Thomas E. Carbonneau
Publisher: Juris Publishing, Inc.
ISBN: 1933833351
Category : Arbitration and award
Languages : en
Pages : 562

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Book Description
A companion to Carbonneau on International Arbitration: Collected Essays, the essays in this volume represent the majority of the author's scholarly writings on the topic of U.S. arbitration law. They reflect his three decades of experience as a law professor and as the Editor-in-Chief of the World Arbitration & Mediation Report (renamed Review) and the Journal of American Arbitration. Each one tackles an aspect of the debate about the role of arbitral adjudication in contemporary American society and provides an assessment of the evolution and content of the U.S. law of arbitration. In particular, Carbonneau on Arbitration: Collected Essays examines the work of the U.S. Supreme Court in arbitration and provides a critical, but balanced, assessment of that decisional law. The chapters of this volume represent the majority of the author's scholarly writings on international commercial arbitration over thirty years. The chapters address various major issues and themes of transborder arbitration law, including (1) the importance of courts in developing and maintaining a legal culture that is hospitable to arbitration, (2) arbitration as a complete legal system, (3) the increasing use of arbitration to resolve political or mixed political and commercial disputes, and (4) the “judicialization” of arbitration. Some of the chapters are of a recent vintage, while others were written a decade or two ago. Whatever their date of production, these essays are of continuing interest to practitioners in and scholars of the field.

Author: Emmanuel Gaillard
Publisher: Juris Publishing, Inc.
ISBN: 1933833769
Category : Arbitration and award
Languages : en
Pages : 316

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Book Description
About the IAI Series on International Arbitration: The IAI (International Arbitration Institute) Series on International Arbitration is a publication focusing on topical questions of international arbitration discussed at conferences organized by the IAI. About the IAI: The International Arbitration Institute (IAI) is an organization created under the auspices of the Comité Français de l'Arbitrage (CFA) with the purpose of fostering exchanges in the field of international arbitration. It currently has over 600 members on a worldwide basis. Its activities include the organization of international conferences, as well as the publication of a Directory of Members, which is the most highly regarded freely accessible source of information on international arbitration specialists. About the Book: The seventh in the International Arbitration Institute (IAI) series, Fifteen Years of NAFTA: Section 11 Arbitration compiles the papers from leading authorities on NAFTA dispute resolution, presented at the international academic conference, 15 Years of NAFTA Chapter 11 Arbitration, in Montreal on 25 September 2009. Where necessary. the chapters were revised and updated before publication. As a result, the reader receives up-to-date practical tips and important analyses of difficult issues. Dealing wholly with investment arbitration, the work focuses specifically on the controversial Chapter 11 feature of the NAFTA agreement and its influence on international investment law. Chapter 11 arbitration is an area of growing importance for both practitioners and academics, and the work covers both substantive and procedural issues.

Author: Patrick Dumberry
Publisher: Wolters Kluwer Law & Business
ISBN: 9789041132888
Category : Arbitration
Languages : en
Pages : 0

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Book Description
Since the entry into force of the North American Free Trade Agreement (NAFTA) in 1994, several arbitral tribunals have rendered awards dealing with claims of breach of Article 1105. Some of these awards have been very controversial and have had a tremendous impact on the development of the concept of fair and equitable treatment (FET) and the evolution of international investment law. Yet, in spite of the fundamental importance of these awards, no comprehensive study had been undertaken to determine the meaning and the content of the FET standard under NAFTA Article 1105. This bookand’s systematic analysis of the provision and its case law fills this analytical gap. Because Article 1105 is in many ways different from typical FET clauses contained within most investment treaties, the author examines the particular parameters under which it must be interpreted. He also analyzes how these specific features have influenced NAFTA tribunalsand’ interpretation of the provision, and how their assessments differ from awards rendered by other tribunals outside NAFTA. Among the issues treated in the course of the analysis are the following: the origin, development, nature and content of the concept of the and‘minimum standard of treatmentand’ and its interaction with the FET standard; the specific parameters under which Article 1105 must be interpreted, including contextual elements such as subsequent agreement and practice between the NAFTA Parties on matters of interpretation; the context in which the Free Trade Commission issued its Note of Interpretation in 2001 and how NAFTA tribunals have applied it; whether or not the concepts of legitimate expectations, transparency, arbitrary conduct, discriminatory conduct, good faith, denial of justice, and due process have been considered by NAFTA tribunals as specific elements of protection to be accorded to investors under Article 1105; the many facets of these elements and the threshold of severity that NAFTA tribunals have required for finding a breach of Article 1105; the interaction between Article 1105 and other NAFTA provisions on national treatment, Most-Favored-Nation treatment, and expropriation; and how NAFTA tribunals have assessed damages for breach of Article 1105. This comprehensive guide to NAFTA case law on Article 1105 is an important contribution to the on-going controversial debate about the scope and content of the FET standard under international law. It will be of great interest to counsel for investors and States as well as to arbitrators, academics and anyone interested in investor-State arbitration.

Author: Charles H. Brower
Publisher: Kluwer Law International B.V.
ISBN: 9041122850
Category : Law
Languages : en
Pages : 774

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Book Description
This initial volume collects and thoroughly indexes selected primary documents essential to a full understanding of the adjudications contained in subsequent volumes. It is designed to be a convenient, stand-along reference valuable in connection with investor-state arbitrations of all kinds. Among the documents compiled are treaties, arbitration rules, and other legal texts relied upon by arbitrators and parties. The work orders the documents in a logical, user-friendly manner, and includes a detailed index and a full bibliography.

Author: Thomas E. Carbonneau
Publisher: Juris Publishing, Inc.
ISBN: 1937518361
Category : Arbitration and award
Languages : en
Pages : 731

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Book Description
The Law and Practice of Arbitration is a comprehensive treatise about the development and practice of arbitration law in the United States. It addresses in detail the recourse to arbitration in domestic matters -- employment, labor, consumer transactions, and business -- and its use in the resolution of international commercial claims. It covers all of the major subject areas in the field and provides practical advice as well as an easy-to-read, clear discussion of the relevant case law. It represents a masterful synthesis of the entire body of arbitration law. It discusses basic concepts and doctrines, the FAA, freedom of contract in arbitration, arbitrability, the enforcement of awards, the use of arbitration in consumer and employment matters, institutional arbitration, and the drafting of arbitration agreements. It speaks of the federalization of the law and growing judicial objections to the use of adhesionary arbitration agreements in the consumer context, The volume represents the author's continuing in-depth reflection on the practical and systemic consequences of United States Supreme Court's decisional law on arbitration -- a process that is instrumental to the operation of the United States legal system as well as international business. The work continues its tradition of being the best statement on U.S. arbitration law and practice. The Law and Practice of Arbitration is a handy reference for all who have an interest in arbitration law and practice. The new Fifth Edition of Carbonneau’s treatise is built upon a comprehensive update of the federal circuit and U.S. Supreme Court cases on arbitration. The Introduction has been rewritten to take into account AT & T Mobility v. Concepcion and the American Express Merchants’ Litigation in the development of U.S. arbitration law. These decisions represent landmark USSC pronouncements on adhesive arbitration. The Introduction also contains a new section on the foundational legitimacy of arbitration in the U.S. legal system. The two landmark decisions are also incorporated into the text of Chapter 8 on the topic of adhesive arbitration. Chapter 9 on the award enforcement assesses the standing of Stolt-Nielsen in light of the Court’s recent decision in Sutter, asking whether this re-evaluation might be a de facto reversal of the earlier and highly unusual opinion. The assessment takes into account Justice Alito’s concurring opinion in Sutter. Chapter 10 on International Commercial Arbitration has undergone substantial rewriting and makes its various points more lucidly and effectively. This is also true of chapters 2, 3, and 5. Many footnotes have been perfected in form and content. The per curiam opinions---KPMG LLP v. Cocchi, Marmet Health Care v. Brown, and Nitro-Lift v. Howard---are all integrated into the text and fully assessed. The USSC’s decision in CompuCredit v. Greenwood is evaluated for its significance on the issue of Congressional intent to preclude arbitration. There are updates on how the courts define arbitration, the waiver of the right to arbitrate (in particular, the Ninth Circuit opinion in Richards v. Ernst & Young), the enforcement of arbitration agreement, with emphasis upon the curious Third Circuit decision on the matter in Guidotti, the latest adherents to the ill-conceived RUAA, the Ninth Circuit’s favorable response to AT&T Mobilty in Mortensen and Murphy, and an assessment of recent developments on the judicial imposition of penalties for frivolous vacatur actions. The treatise continues to be a highly contemporary and complete statement on the law of arbitration.

Author: Thomas E. Carbonneau
Publisher: Juris Publishing, Inc.
ISBN: 1933833343
Category : Arbitration and award, International
Languages : en
Pages : 564

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Book Description
The chapters of this volume represent the majority of Professor Carbonneau’s scholarly writings on the subject of international commercial arbitration. They reflect his interest over the course of thirty years of law-teaching in international litigation, comparative law, and-of course - international arbitration. Some of the chapters are of a recent vintage, while others were written a decade or two ago. Whatever their date of production, the chapters have a continuing professional interest. Each addresses some of the major issues of trans-border arbitration law. A number of chapters emphasize the importance of courts in developing and maintaining a legal culture that is hospitable to arbitration. The work of the courts has been instrumental to the reception of arbitration in the United States and in several European jurisdictions. The courts can “make or break” arbitration by upholding arbitration agreements and enforcing arbitral awards. Other chapters underscore that arbitration can operate as a complete legal system. It not only provides workable trial procedures, but arbitrators can also create law in their rulings. With the addition of an internal arbitral appellate mechanism, arbitrations can function with almost absolute independence. The world law on arbitrations seems to favor the “a-national” and “a-juridical” operation of the arbitral process. A few of the chapters recognize that arbitration is being increasingly employed to resolve political or mixed political and commercial disputes. Investment arbitration and BITs are the most recent expression of this development; it had been apparent in WTO and NAFTA dispute resolution. The Iran-U.S. Claims Tribunal presented the first great occasion for assessing the vocation of arbitration in a mixed dispute situation. While arbitration has made significant inroads in this area, political sovereignty remains resistant to the imposition of limitations. In many less visible “political” cases, determinations are nonetheless made and rendered enforceable. The concluding chapters address more specific developments in the field of ICA. A number of cases point to the strong, perhaps overweening, support of the judiciary for arbitration. The courts in some jurisdictions support arbitration unequivocally and are bent upon a single outcome no matter the impact on doctrine. Lawyer presence in the arbitral process has lead to increased formalization in some proceedings. The “judicialization” of arbitration tilts the process toward the protection of rights and hinders its ability to function effectively and reach finality. Lawyers can readily misunderstand and undermine the gravamen of arbitration. The concluding chapters also establish that the UK Arbitration Act 1996 is one of the world’s outstanding arbitration statutes. It rivals and bests the UNCITRAL Model Law on ICA and is the equal of the French codified law on arbitration. Finally, the express text of the New York Arbitration Convention appears to have been altered significantly by court practice. The possible limitations of national law have been neutralized and the provisions of the Convention articulate a truly trans-border regulation of the enforcement of awards. In sum, the chapters in this book reflect the author's lifetime work in the area of international arbitration and are required reading for all those practicing in the field- law students, arbitrators, academics and practicing lawyers.

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.