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International Arbitration and the Permanent Court of Arbitration

International Arbitration and the Permanent Court of Arbitration PDF Author: Manuel Indlekofer
Publisher: Kluwer Law International B.V.
ISBN: 9041147748
Category : Law
Languages : en
Pages : 480

Book Description
The modern tendency to restrict international arbitration to matters of commerce and investment is succumbing to a renewed recognition of the original impetus for dispute resolution by arbitration – i.e., matters of public international law, most importantly the settlement of disputes that pose a threat of international conflict. Recent developments suggest a renaissance of public international arbitration, most clearly manifested in the present flourishing of the Permanent Court of Arbitration (PCA), the oldest existing dispute settlement institution in international law. As the calls for the development of new and more appropriate methods for dispute settlement in international law increased during the 1990s, the PCA undertook a structural reform and is today a vital forum for dispute settlement, with scores of arbitrations currently pending under its auspices. This book – the most comprehensive study of the institution to date, covering its history, its present status, and its future prospects – proves the PCA’s contemporary relevance within the international dispute settlement framework. Among aspects of the PCA’s work covered are the following: how public international arbitration functions in comparison to other means available for dispute settlement in international law; the PCA’s historical contributions to the current dispute settlement framework; arbitrations between a state and a non-state actor that are in whole or in part governed by public international law; the fields in which public international arbitration plays a revived role; the PCA’s present-day institutional framework and its current activities; the prospects for public international arbitration and the PCA in the dispute settlement framework of the twenty-first century; and proposals to increase the PCA’s activities in future and to sustain and enhance the institution’s ongoing revitalization. A very useful Practitioner’s Guide provides an overview of the PCA’s various services and the best means of accessing them, along with a summary of the key provisions of the new PCA Arbitration Rules 2012. For lawyers who are involved in dispute resolution proceedings, there can be little doubt about the PCA’s relevance. This book is at once an academic work, indispensable for scholars of the institution, and a practical guide that will be a required addition to the libraries of counsel, arbitrators, and others involved in dispute resolution proceedings conducted at the PCA.

International Arbitration and the Permanent Court of Arbitration

International Arbitration and the Permanent Court of Arbitration PDF Author: Manuel Indlekofer
Publisher: Kluwer Law International B.V.
ISBN: 9041147748
Category : Law
Languages : en
Pages : 480

Book Description
The modern tendency to restrict international arbitration to matters of commerce and investment is succumbing to a renewed recognition of the original impetus for dispute resolution by arbitration – i.e., matters of public international law, most importantly the settlement of disputes that pose a threat of international conflict. Recent developments suggest a renaissance of public international arbitration, most clearly manifested in the present flourishing of the Permanent Court of Arbitration (PCA), the oldest existing dispute settlement institution in international law. As the calls for the development of new and more appropriate methods for dispute settlement in international law increased during the 1990s, the PCA undertook a structural reform and is today a vital forum for dispute settlement, with scores of arbitrations currently pending under its auspices. This book – the most comprehensive study of the institution to date, covering its history, its present status, and its future prospects – proves the PCA’s contemporary relevance within the international dispute settlement framework. Among aspects of the PCA’s work covered are the following: how public international arbitration functions in comparison to other means available for dispute settlement in international law; the PCA’s historical contributions to the current dispute settlement framework; arbitrations between a state and a non-state actor that are in whole or in part governed by public international law; the fields in which public international arbitration plays a revived role; the PCA’s present-day institutional framework and its current activities; the prospects for public international arbitration and the PCA in the dispute settlement framework of the twenty-first century; and proposals to increase the PCA’s activities in future and to sustain and enhance the institution’s ongoing revitalization. A very useful Practitioner’s Guide provides an overview of the PCA’s various services and the best means of accessing them, along with a summary of the key provisions of the new PCA Arbitration Rules 2012. For lawyers who are involved in dispute resolution proceedings, there can be little doubt about the PCA’s relevance. This book is at once an academic work, indispensable for scholars of the institution, and a practical guide that will be a required addition to the libraries of counsel, arbitrators, and others involved in dispute resolution proceedings conducted at the PCA.

The Permanent Court of Arbitration:International Arbitration and Dispute Resolution

The Permanent Court of Arbitration:International Arbitration and Dispute Resolution PDF Author: P. Hamilton
Publisher: Kluwer Law International B.V.
ISBN: 9041112332
Category : Law
Languages : en
Pages : 338

Book Description
Since its creation at the epoch-making Hague Peace Conference of 1899, which was attended by 26 states, the Permanent Court of Arbitration has contributed significantly to the development of peaceful means to resolve international disputes. In case after case, the Court's tribunals have prevented international incidents and other tensions from flaring into open hostility, and set precedents that greatly curtail the justification of violence between nations.

The Permanent Court of Arbitration

The Permanent Court of Arbitration PDF Author: P. Hamilton
Publisher:
ISBN: 9789041112248
Category : Law
Languages : en
Pages : 318

Book Description
Since its creation at the epoch-making Hague Peace Conference of 1899--which was attended by 26 states--the Permanent Court of Arbitration has contributed significantly to the development of peaceful means to resolve international disputes. In case after case, the Court's tribunals have prevented international `incidents' and other tensions from flaring into open hostility, and set precedents that greatly curtail the justification of violence between nations. This centenary publication is an enormously valuable resource for international lawyers and arbitrators. It provides: detailed summaries of all the awards, decisions and reports rendered by both arbitral tribunals and conciliation commissions, as well as by fact-finding commissions of inquiry, appointed by the Court throughout its hundred-year history; a penetrating analysis of the signal contributions of the Permanent Court of Arbitration to international law and dispute resolution; expert commentary on some of the procedural challenges faced and resolved by the Iran-United States Claims Tribunal--arguably the most important arbitral tribunal of the twentieth century--whose inception at the PCA preceded a twenty-year history of achievement. The Permanent Court of Arbitration: International Arbitration and Dispute Resolution reveals the surprising modernity of this venerable institution. the record contained in these pages is sure to provide powerful guidance to practitioners engaged in international dispute resolution as we move into the next millennium.

International Arbitration in the Netherlands

International Arbitration in the Netherlands PDF Author: Albert Marsman
Publisher: Kluwer Law International B.V.
ISBN: 9041156259
Category : Law
Languages : en
Pages : 874

Book Description
International Arbitration in the Netherlands With a Commentary on the NAI and PCA Arbitration Rules Albert Marsman About this book: International Arbitration in the Netherlands is a detailed English-language commentary and analysis on how international arbitrations seated in the Netherlands proceed under the most commonly used sets of arbitration rules. The Netherlands, long known for its encouragement and facilitation of arbitration as a forum for the resolution of international disputes, frequently draws multinational corporations, States, and international organizations from all parts of the world for the conduct of international arbitration. Over the past decades, several of the world’s largest international arbitrations have been seated in the Netherlands, including numerous investment arbitrations under the auspices of the Permanent Court of Arbitration (PCA) in The Hague. This book contrasts the conduct of international arbitrations in the Netherlands with that in other jurisdictions. What’s in this book: By giving a complete insight into the primary sources of Dutch arbitration law – the Netherlands Arbitration Act of 2015 and its predecessor of 1986, its legislative materials, and published case law – the book includes such invaluable features as the following: 1,400 references to decisions of the Dutch State courts and arbitral tribunals seated in the Netherlands; more than 850 references to the legislative materials; extensive description of distinctions with the arbitration laws of England, France, Switzerland, Sweden, Singapore, as well as the UNCITRAL Model Law. complete commentary on the most recent version of the NAI Arbitration Rules and PCA Arbitration Rules; and extensive description of distinctions between the NAI Arbitration Rules and the PCA Rules, on the one hand, and the ICC Rules 2021 and the UNCITRAL Rules 2013 on the other. How this will help you: The book, focusing on the conduct of international arbitrations, is written by a highly experienced international arbitration counsel with extensive input from the members of the author’s firm. Arbitration practitioners, jurists, and academics worldwide are sure to appreciate the book’s incomparable scope and attention to detail.

Arbitration in Africa

Arbitration in Africa PDF Author: Lise Bosman
Publisher: Kluwer Law International B.V.
ISBN: 9403537612
Category : Law
Languages : en
Pages : 693

Book Description
The Second Edition of this unprecedented volume assembles an updated and expanded country-by-country analysis – both practical and insightful – of how arbitration is conducted in forty-nine African countries, providing essential information about legislative provisions, treaty adherence, and arbitral procedure. Contributors include sought-after African arbitrators, distinguished practitioners, academics and institution-builders, all of whom are active in promoting the use of arbitration as a viable means of dispute resolution in Africa. Five sections representing the main regions of the continent, each with a substantive introductory chapter covering the major trends within that region, offer country overviews addressing issues such as the following: adherence to the key arbitration conventions; modernity of a State’s arbitration legislation and its compatibility with the UNCITRAL Model Law; particular features of arbitral practice in that jurisdiction (including responses to the COVID-19 pandemic); access to and (where available) statistics from local and regional arbitral institutions; significant arbitration-related national case law; and enforcement of foreign arbitral awards. A sixth section focuses on treaty-based investor-State arbitration against African States under the ICSID Convention, providing an empirical analysis of the experience and record of African States with investor-State arbitration in the period between 2010 and 2020. Useful tables and graphics of intra-African bilateral investment treaties, a list of ICSID proceedings involving African States, a list of treaty accession by African States, and other tabular features round out the volume. The first edition of this volume was welcomed by arbitration practitioners and legal academics everywhere as an essential guide to an emerging and important area of international arbitration practice. This second edition tracks the significant developments (in treaty accession, reform of arbitration legislation and developing case law) that have taken place over the past decade, and confirms that arbitration as a preferred method of dispute resolution is now firmly entrenched on the African continent.

The Flame Rekindled

The Flame Rekindled PDF Author: Sam Muller
Publisher: BRILL
ISBN: 9004637966
Category : Law
Languages : en
Pages : 229

Book Description
Among the aims of the United Nations Decade of International Law is the promotion of the means and methods for the peaceful settlement of disputes between states. In the previous volume, The United Nations Decade of International Law, Reflections on International Dispute Settlement, the editors contributed to this aim by bringing together a variety of opinions by international legal experts on the topic, with an emphasis on the role of the International Court of Justice. This time, the editors turn their attention to international arbitration and the role of the Permanent Court of Arbitration. It also explores the prospects for pre-constituted, non-ad hoc arbitral institutions which may be considered in the general framework of peaceful settlement of disputes between states, as well as between states and other actors (commercial arbitration) in the present day international system, through the process of international adjudication. Like the previous volume, this book is a valuable contribution towards the promotion of the United Nations Decade of International Law.

International Arbitration

International Arbitration PDF Author: Alfred Henry Adriaan Soons
Publisher: Martinus Nijhoff Publishers
ISBN: 9780792307068
Category : Law
Languages : en
Pages : 254

Book Description
Building on the Foundations of public international arbitration in the 19th Century, the 20th century has witnessed a remarkable proliferation of courts for the international adjudication of disputes: e.q., the Permanent Court of International Justice the European Court of Justice, the European Court of Human Rights, & the Inter-American Court of Human Rights. As we approach the centenary of the first Hague Peace Conference of 1899 that inaugurated the 20th century international courts, a panel of international jurists evaluates existing & proposed international courts. International Courts for the Twenty-First Century uses the past & the present to prepare international courts for the new century. The authors help fashion the courts that can help settle international disputes in the coming decades.

The Permanent Court of Arbitration

The Permanent Court of Arbitration PDF Author: Working Group on Improving the Functioning of the Permanent Court of Arbitration
Publisher:
ISBN:
Category : Arbitration (International law)
Languages : en
Pages : 88

Book Description


Rules of Evidence in International Arbitration

Rules of Evidence in International Arbitration PDF Author: Nathan D. O'Malley
Publisher: Taylor & Francis
ISBN: 1317200373
Category : Law
Languages : en
Pages : 568

Book Description
Now in a fully updated second edition, Rules of Evidence in International Arbitration: An Annotated Guide remains an invaluable reference for lawyers, arbitrators and in-house counsel involved in cross-border dispute resolution. Drawing on current case law, this book looks at the common issues brought up by the evidentiary procedure in international arbitration. Features of this book include: An international scope, which will inform readers from around the world A focus on evidentiary procedure, with extensive case-based commentary and examples Extensive annotations, which allow the reader to locate key precedents for use in practice This book gives essential insight into best practice for practitioners of international arbitration. Readers of this publication will gain a fuller understanding of accepted solutions to difficult procedural issues, as well as the fundamental due process considerations of the use of evidence in international arbitration.

Yearbook Commercial Arbitration, Volume XLV (2020)

Yearbook Commercial Arbitration, Volume XLV (2020) PDF Author: Stephan W. Schill
Publisher: Kluwer Law International B.V.
ISBN: 9403522615
Category :
Languages : en
Pages : 589

Book Description
The Yearbook Commercial Arbitration continues its longstanding commitment to serving as a primary resource for the international arbitration community, with reports on arbitral awards and court decisions applying the leading arbitration conventions and decisions of general interest to the practice of international arbitration as well as announcements of arbitration legislation and rules. Volume XLV (2020) includes: excerpts of arbitral awards made under the auspices of the International Chamber of Commerce (ICC) and the Milan Chamber of Arbitration (CAM), as well as twelve awards reflecting the practice of tribunals constituted under the auspices of the Arbitration Institute of the Stockholm Chamber of Commerce (SCC); notes on new and amended arbitration rules, including references to their online publication; notes on recent developments in arbitration law and practice in Ethiopia, Lithuania, Macao SAR, Palau, Peru, Poland, Portugal, Russian Federation, Seychelles, Sierra Leone, Singapore, Switzerland, Tanzania, Thailand, and Tonga; excerpts of 87 court decisions applying the 1958 New York Convention from 27 countries – including, for the first time, a selection of seven cases from Egypt, and cases from Tanzania and Uzbekistan – all indexed by subject matter and linked to the commentaries on the New York Convention published in the Yearbook, authored by former General Editor and leading expert Prof. Dr. Albert Jan van den Berg; excerpts from two decision applying the 1965 Washington (ICSID) Convention and seven decisions applying the 1975 Panama (Inter-American) Convention, as well as a selection of four court decisions of general interest; an extensive Bibliography of recent books and journals on arbitration. The Yearbook is edited by the International Council for Commercial Arbitration (ICCA), the world’s leading organization representing practitioners and academics in the field, under the general editorship of Prof. Dr. Stephan W. Schill and with the assistance of the Permanent Court of Arbitration, The Hague. It is an essential tool for lawyers, business people and scholars involved in the practice and study of international arbitration.