International Arbitration and National Courts PDF Download

Author: A. J. van den Berg
Publisher:
ISBN:
Category : Conflict of laws
Languages : en
Pages : 255

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Author: Emmanuel Gaillard
Publisher: BRILL
ISBN: 9004187154
Category : Law
Languages : en
Pages : 204

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Book Description
The present work, based on a Course given at The Hague Academy of International Law in the Summer 2007, identifies the philosophical postulates that underlie this field of study and shows their profound coherence and the practical consequences that follow from these postulates in the resolution of international disputes.

Author: Emilia Onyema
Publisher: Kluwer Law International B.V.
ISBN: 9041190430
Category : Law
Languages : en
Pages : 450

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Book Description
With the increase in commercial transactions within the fifty-four independent African states and at the international level, it has become apparent that most of the legal framework for arbitration across the continent require reform. Accordingly, in recent years, as this first in-depth treatment of arbitration in Africa shows, jurisprudence from national courts of various African jurisdictions demonstrates that the courts are becoming more pro-arbitration and judges increasingly better understand that their role is to support or complement the arbitral process. This book documents the second SOAS Arbitration in Africa conference held in Lagos in June 2016. In thirteen lucid chapters, African practitioners and academics and European specialists in African legal and arbitral systems provide a remarkably thorough overview of the relation of courts and arbitration in the continent. Among the matters that arise for discussion are the: • disposition of courts in Africa towards arbitration, whether supportive or interventionist; • involvement of courts in the arbitral process before, during, and after an award has been rendered; • publication and access to arbitration-related decisions from African courts; • enforcement of annulled awards in African states under the New York Convention; • prospects for the establishment of a pan-African investment court; and • how foreign courts (particularly in the United States, France, and Switzerland) perceive African arbitration. Because of the wide range of developmental stages among Africa’s numerous court and legal systems, Part I of the book explores generic issues relevant to courts and arbitration, followed by detailed descriptions, including court decisions, of the situation in eight specific jurisdictions – Egypt, South Africa, Sudan, Mauritius, Nigeria, Ghana, Rwanda, and Kenya. The authors of these latter chapters are legal practitioners and academics from each of these countries. Throughout this book, policy recommendations for improving access to court decisions and laws in African states are brought to the fore. In its expertise-based advocacy for a mutually harmonious and supportive co-existence for arbitration and litigation in the context of the complexities and peculiarities of African states – and its confrontation of the predominantly negative perception that often leads to ‘arbitration flight’ from the continent – this book helps companies, investors, and their advisors to base their decisions on facts and not perceptions. It will be of great value to practising lawyers in arbitration as counsel or arbitrators, companies doing transnational business, global law firms, government officials, and academics in the field.

Author: Nadja Erk
Publisher:
ISBN: 9789041152640
Category : Law
Languages : en
Pages : 318

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Book Description
This book depicts and evaluates, in a European context, the pleas and actions which parties may make use of to dissolve the parallel jurisdiction of a national court and an arbitral tribunal. The author undertakes a thorough comparative analysis of the motivations for, and practice of, such pleas and actions with special regard to the major hubs where elaborate arbitration laws are tried and tested by the arbitration community - Germany, France, Switzerland, and England. 0On the basis of four scenarios of parallel proceedings before national courts and arbitral tribunals, the analysis tackles such issues and topics as the following: motivations for initiating parallel proceedings from the various parties' perspectives; remedies available to parties in situations of jurisdictional conflicts; effect of the principle of competence-competence on national courts' review of arbitration agreements; pleas restricting national courts' exercise of jurisdiction to a review of core principles (arbitration defence); self-restraining pleas independent of an arbitration agreement (plea of litispendence); actions for declaratory relief; actions aimed at restraining another court's or tribunal's jurisdiction (anti-suit/anti-arbitration injunctions); pleas invoked to avoid procedural inefficiencies and inconsistencies (plea of res judicata); counsel's duty of care and arbitral tribunal's mandate to issue an enforceable award; and litigation culture versus arbitration-friendliness.

Author: George A. Bermann
Publisher: Pocket Books of the Hague Acad
ISBN: 9789004348257
Category : Law
Languages : en
Pages : 644

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Book Description
No field of legal scholarship or practice operates in the world of private international law as continuously and pervasively as does international arbitration, commercial and investment alike. Arbitration's dependence on private international law manifests itself throughout the life-cycle of arbitration, from the crafting of an enforceable arbitration agreement, through the entire arbitral process, to the time an award comes before a national court for annulment or for recognition and enforcement. Thus international arbitration provides both arbitral tribunals and courts with constant challenges. Courts may come to the task already equipped with longstanding private international law assumptions, but international arbitrators must largely find their own way through the private international law thicket. Arbitrators and courts take guidance in their private international law inquiries from multiple sources: party agreement, institutional rules, treaties, the national law of competing jurisdictions and an abundance of "soft law," some of which may even be regarded as expressing an international standard. In a world of this sort, private international law resourcefulness is fundamental.

Author: Alec Stone Sweet
Publisher: Oxford University Press
ISBN: 0191060232
Category : Law
Languages : en
Pages : 273

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Book Description
The development of international arbitration as an autonomous legal order comprises one of the most remarkable stories of institution building at the global level over the past century. Today, transnational firms and states settle their most important commercial and investment disputes not in courts, but in arbitral centres, a tightly networked set of organizations that compete with one another for docket, resources, and influence. In this book, Alec Stone Sweet and Florian Grisel show that international arbitration has undergone a self-sustaining process of institutional evolution that has steadily enhanced arbitral authority. This judicialization process was sustained by the explosion of trade and investment, which generated a steady stream of high stakes disputes, and the efforts of elite arbitrators and the major centres to construct arbitration as a viable substitute for litigation in domestic courts. For their part, state officials (as legislators and treaty makers), and national judges (as enforcers of arbitral awards), have not just adapted to the expansion of arbitration; they have heavily invested in it, extending the arbitral order's reach and effectiveness. Arbitration's very success has, nonetheless, raised serious questions about its legitimacy as a mode of transnational governance. The book provides a clear causal theory of judicialization, original data collection and analysis, and a broad, relatively non-technical overview of the evolution of the arbitral order. Each chapter compares international commercial and investor-state arbitration, across clearly specified measures of judicialization and governance. Topics include: the evolution of procedures; the development of precedent and the demand for appeal; balancing in the public interest; legitimacy debates and proposals for systemic reform. This book is a timely assessment of how arbitration has risen to become a key component of international economic law and why its future is far from settled.

Author: George A. Bermann
Publisher: Springer
ISBN: 3319509152
Category : Law
Languages : en
Pages : 1096

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Book Description
This book examines how the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, commonly known as The New York Convention, has been understood and applied in [insert number] jurisdictions, including virtually all that are leading international arbitration centers. It begins with a general report surveying and synthesizing national responses to a large number of critical issues in the Convention’s interpretation and application. It is followed by national reports, all of which are organized in accordance with a common questionnaire raising these critical issues. Following introductory remarks, each report addresses the following aspects of the Convention which include its basic implementation within the national legal system; enforcement by local courts of agreements to arbitrate (including grounds for withholding enforcement), recognition and enforcement of foreign awards by local courts under the Convention (including grounds for denying recognition and enforcement), and essential procedural issues in the courts’ conduct of recognition and enforcement. Each report concludes with an overall assessment of the Convention’s interpretation and application on national territory and recommendations, if any, for reform. The New York Convention was intended to enhance the workings of the international arbitral system, primarily by ensuring that arbitral awards are readily recognizable and enforceable in States other than the State in which they are rendered, subject of course to certain safeguards reflected by the Convention’s limited grounds for denying recognition or enforcement. It secondarily binds signatory states to enforce the arbitration agreements on the basis of which awards under the Convention will be rendered. Despite its exceptionally wide adoption and its broad coverage, the New York Convention depends for its efficacy on the conduct of national actors, and national courts in particular. Depending on the view of international law prevailing in a given State, the Convention may require statutory implementation at the national level. Beyond that, the Convention requires of national courts an apt understanding of the principles and policies that underlie the Convention’s various provisions. Through its in-depth coverage of the understandings of the Convention that prevail across national legal systems, the book gives practitioners and scholars a much-improved appreciation of the New York Convention “on the ground.”

Author: Jean-Louis Delvolvé
Publisher: Kluwer Law International B.V.
ISBN: 9041126902
Category : Law
Languages : en
Pages : 394

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Book Description
Previous edition, 1st, published in 2003.

Author: Gary B. Born
Publisher: Aspen Publishing
ISBN: 1543847420
Category : Law
Languages : en
Pages : 1498

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Book Description
International Civil Litigation in United States Courts, by Gary B. Born and Peter B. Rutledge, is the essential, comprehensive law school text for the current and future international litigator, whether based in the United States, Europe, or elsewhere. Examiningevery topic discussed in competing texts with extensive narrative, unparalleled notes, and detailed citations, this book covers the gamut of international dispute resolution, whether judicial jurisdiction, sovereign immunity, extraterritoriality, conflicts of law, parallel proceedings, discovery disputes, service, judgment enforcement, and international arbitration. This Seventh Edition includes excerpts and updated discussions of recent U.S. court decisions and legislation relating to a wide range of private and public international law topics. New to the SeventhEdition: Latest developments in litigation under the Alien Tort Statute and the Torture Victim Protection Act Latest developments in sovereign immunity law following several landmark Supreme Court decisions Latest developments regarding the extraterritorial application of federal law following several landmark Supreme Court decisions Critical examination of the new Restatement (Fourth) of the Foreign Relations of the United States Up-to-date citation and review of the most current academic legal scholarship in the field Professors and students will benefit from: Detailed notes with easy-to-use questions for discussion and legal analysis Comprehensive discussion of international dispute resolution, including international arbitration and other forms of dispute resolution outside of litigation in national courts Comparative foreign treatment of selected issues of international civil procedure Extensive notes and up-to-date citations that ensure the book has enduring value long after a course has ended, and it becomes a resource for practitioners seeking to research the field Documentary Supplement

Author: Laurence Shore
Publisher: Kluwer Law International B.V.
ISBN: 9041190813
Category : Law
Languages : en
Pages : 888

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Book Description
International Arbitration in the United States is a comprehensive analysis of international arbitration law and practice in the United States (U.S.). Choosing an arbitration seat in the U.S. is a common choice among parties to international commercial agreements or treaties. However, the complexities of arbitrating in a federal system, and the continuing development of U.S. arbitration law and practice, can be daunting to even experienced arbitrators. This book, the first of its kind, provides parties opting for “private justice” with vital judicial reassurance on U.S. courts’ highly supportive posture in enforcing awards and its pronounced reluctance to intervene in the arbitral process. With a nationwide treatment describing both the default forum under federal arbitration law and the array of options to which parties may agree in state courts under state international arbitration statutes, this book covers aspects of U.S. arbitration law and practice as the following: .institutions and institutional rules that practitioners typically use; .ethical considerations; .costs and fees; .provisional measures; and .confidentiality. There are also chapters on arbitration in specialized areas such as class actions, securities, construction, insurance, and intellectual property.