Oehmke Commercial Arbitration PDF Download

Author: Thomas H. Oehmke
Publisher:
ISBN:
Category : Arbitration and award
Languages : en
Pages : 1468

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Author: Gary B. Born
Publisher: Kluwer Law International B.V.
ISBN: 9403526440
Category : Law
Languages : en
Pages : 5388

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Book Description
International Commercial Arbitration is an authoritative 4,250 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 Third Edition of International Commercial Arbitration has been comprehensively revised, expanded and updated, To include all legislative, judicial and arbitral authorities, and other materials in the field of international arbitration prior to June 2020. It also includes expanded treatment of annulment, recognition of awards, counsel ethics, arbitrator independence and impartiality and applicable law. The revised 4,250 page text contains references to more than 20,000 cases, awards and other authorities and will enhance the treatise’s position as the world’s leading work on international arbitration. The first and second editions of International Commercial Arbitration have been routinely relied on by courts and arbitral tribunals around the world ((including the highest courts of the United States, United Kingdom, Singapore, India, Hong Kong, New Zealand, Australia, the Netherlands and Canada) and international arbitral tribunals (including ICC, SIAC, LCIA, AAA, ICSID, SCC and PCA), e.g.: U.S. Supreme Court – GE Energy Power Conversion France SAS, Corp. v. Outokumpu Stainless USA, LLC, 590 U.S. - (U.S. S.Ct. 2020); BG Group plc v. Republic of Argentina, 572 U.S. 25 (U.S. S.Ct. 2014); Canadian Supreme Court – Uber v. Heller, 2020 SCC 16 (Canadian S.Ct.); Yugraneft Corp. v. Rexx Mgt Corp., [2010] 1 R.C.S. 649, 661 (Canadian S.Ct.); U.K. Supreme Court – Jivraj v. Hashwani [2011] UKSC 40, ¶78 (U.K. S.Ct.); Dallah Real Estate & Tourism Holding Co. v. Ministry of Religious Affairs, Gov’t of Pakistan [2010] UKSC 46 (U.K. S.Ct.); Swiss Federal Tribunal – Judgment of 25 September 2014, DFT 5A_165/2014 (Swiss Fed. Trib.); Indian Supreme Court – Bharat Aluminium v. Kaiser Aluminium, C.A. No. 7019/2005, ¶¶138-39, 142, 148-49 (Indian S.Ct. 2012); Singapore Court of Appeal – Rakna Arakshaka Lanka Ltd v. Avant Garde Maritime Servs. Ltd, [2019] 2 SLR 131 (Singapore Ct. App.); PT Perusahaan Gas Negara (Persero) TBK v. CRW Joint Operation, [2015] SGCA 30 (Singapore Ct. App.); Larsen Oil & Gas Pte Ltd v. Petroprod Ltd, [2011] SGCA 21, ¶19 (Singapore Ct. App.); Australian Federal Court – Hancock Prospecting Pty Ltd v. Rinehart, [2017] FCAFC 170 (Australian Fed. Ct.); Hague Court of Appeal – Judgment of 18 February 2020, Case No. 200.197.079/01 (Hague Gerechtshof); Arbitral Tribunals – Lao Holdings NV v. Lao People's Democratic Republic I, Award in ICSID Case No. ARB(AF)/12/6, 6 August 2019; Gold Reserve Inc. v. Bolivarian Republic of Venezuela, Decision regarding the Claimant’s and the Respondent’s Requests for Corrections, ICSID Case No. ARB(AF)/09/1, 15 December 2014; Total SA v. The Argentine Republic, Decision on Stay of Enforcement of the Award, ICSID Case No. ARB/04/01, 4 December 2014; Millicom Int'l Operations B.V. v. Republic of Senegal, Decision on Jurisdiction of the Arbitral Tribunal, ICSID Case No. ARB/08/20, 16 July 2010; Lemire v. Ukraine, Dissenting Opinion of Jürgen Voss, ICSID Case No. ARB/06/18, 1 March 2011.

Author: Dushyant Dave
Publisher: Kluwer Law International B.V.
ISBN: 9041182829
Category : Law
Languages : en
Pages : 532

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Book Description
India has a long-standing tradition of dispute resolution through arbitration, with arbitral-type regulations going back to the eighteenth century. Today, amendments to the 1996 Indian Arbitration Act, a steady evolution of case law and new arbitral institutions position India’s vibrant system once more at the forefront of international commercial dispute resolution. In this handbook, over forty members of the international arbitration community in India and beyond offer authoritative perspectives and insights into topics on arbitration that matter in India. International arbitration practitioners, Indian practitioners, and scholars have combined efforts to produce a practical and informative guide on the subject. Among numerous notable features, the contributors provide detailed analysis and description of such aspects of arbitration as the following, with a focus on the Indian context: Indian application of the 1958 New York Convention; law governing the merits of the dispute and awards; investor-state dispute settlement; drafting arbitration clauses for India-centric agreements; managing costs and time; rise of virtual arbitration and technology; effect of public policy in light of extensive Indian jurisprudence; and arbitration of claims relating to environmental damage. Practical features include checklists for drafting arbitration clauses and a comparative chart of major commercial arbitration rules applicable to India. Also included is a comparative analysis of arbitral regimes in India, Singapore and England; chapters on the India Model Bilateral Investment Treaty and ISDS reforms; a special section on the enforcement of foreign awards; a section on the drafting of the award guided by leading arbitrators and stakeholders and a review of the new 2021 ICC Rules. For foreign counsel and arbitrators with arbitrations in India, this complete and up-to-date analysis provides guidelines for practitioners, corporate counsel, and judges on considerations to be borne in mind with respect to arbitration with an Indian nexus and whilst seeking enforcement and execution of an arbitral award in India. It will prove an effective tool for students and others in understanding and navigating the particularities and peculiarities of India’s system of domestic and international commercial arbitration.

Author: Richard Garnett
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 240

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Book Description
This concise, in-depth guide explores the pros and cons of arbitration, the role of national laws, key elements of the arbitration agreement, and includes a detailed analysis of arbitration procedures. Standards of conduct of the arbitrator, enforceability, challenges, modification of awards, and awards and remedies are covered. The Appendices include: - UNCITRAL Arbitration Rules - Arbitration Rules of the International Chamber of Commerce - The UNCITRAL Model Law on International Commercial Arbitration - Texts of the New York and Panama Conventions - Model UNCITRAL and ICC arbitration clauses - Information about the major arbitral centers throughout the world.

Author: John W. Cooley
Publisher: Aspen Publishing
ISBN: 1632814315
Category : Law
Languages : en
Pages : 484

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Book Description
The Arbitrator's Handbook offers a full range of features geared to assist the arbitrator in performing his or her duties. Chapter One provides basic information on the nature of arbitration, including a description of its stages and types, and its benefits and limitations. Cooley defines the role, authority, and ethics requirements of the arbitrator. Chapter Two describes the prehearing functions and duties of the arbitrator, focusing on the time of initiation of the arbitration as well as the preparation stage. Chapter Three focuses on the arbitrator's hearing functions and duties. It covers such topics as the arbitrator's opening statement, handling preliminary matters, a review of basic rules of evidence, and making rulings on motions and objections. Chapter Four, on the arbitrator's post-hearing functions and duties, addresses such topics as ruling on post hearing motions, deciding the merits of the case, and drafting the award and the opinion supporting the award. In addition, tables and checklists are included in the appendices for key actions at critical stages of the arbitration process. The appendix also contains sample arbitration forms and rules from leading dispute resolution organizations, making this the most comprehensive text available for "hands-on" arbitration instruction.

Author: Georgios I. Zekos
Publisher: Routledge
ISBN: 1134044550
Category : Business & Economics
Languages : en
Pages : 1175

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Book Description
International Commercial and Marine Arbitration analyses and compares commercial-martime arbitration in a number of different legal systems including the US, the UK, Greece and Belgium. The book examines the role of the courts in arbitration in each of these countries, making reference to the latest case law, and also makes extensive refe

Author: Philippe Fouchard
Publisher: Kluwer Law International B.V.
ISBN: 9041110259
Category : Law
Languages : en
Pages : 1320

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Book Description
Based on and includes revisions to : Traité de l'arbitrage commercial international / Ph. Fouchard, E. Gaillard, B. Goldman. 1996--Cf. foreword.

Author: Thomas Schultz
Publisher: Oxford University Press
ISBN: 0192515969
Category : Law
Languages : en
Pages : 1008

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Book Description
This Handbook brings together many of the key scholars and leading practitioners in international arbitration, to present and examine cutting-edge knowledge in the field. Innovative in its breadth of coverage, chapter-topics range from the practicalities of how arbitration works, to big picture discussions of the actors involved and the values that underpin it. The book includes critical analysis of some of international arbitrations most controversial aspects, whilst providing a nuanced account overall that allows readers to draw their own informed conclusions. The book is divided into six parts, after an introduction discussing the formation of knowledge in the field. Part I provides an overview of the key legal notions needed to understand how international arbitration technically works, such as the relation between arbitration and law, the power of arbitral tribunals to make decisions, the appointment of arbitrators, and the role of public policy. Part II focuses on key actors in international arbitration, such as arbitrators, parties choosing arbitrators, and civil society. Part III examines the central values at stake in the field, including efficiency, legal certainty, and constitutional ideals. Part IV discusses intellectual paradigms structuring the thinking in and about international arbitration, such as the idea of autonomous transnational legal orders and conflicts of law. Part V presents the empirical evidence we currently have about the operations and effects of both commercial and investment arbitration. Finally, Part VI provides different disciplinary perspectives on international arbitration, including historical, sociological, literary, economic, and psychological accounts.

Author: Jay E. Grenig
Publisher: Juris Publishing, Inc.
ISBN: 1937518191
Category : Arbitration and award
Languages : en
Pages : 442

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Book Description
A Publication of the American Arbitration Association and the Scheinman Institute on Conflict Resolution, Cornell University Arbitration advocates uniformly place great emphasis on case preparation. Case Preparation and Presentation: A Guide for Arbitration Advocates and Arbitrators can be used to help prepare parties and their advocates in a wide range of arbitration cases including labor, employment and commercial arbitrations and will provide lawyers and non-lawyers alike with the focus and direction to maximize their chances of obtaining a good result in arbitration. In this book readers will find coverage on the following topics: • Developing a case theory and case theme • Commencing the arbitration process • Selecting an arbitrator and scheduling the hearing • Evaluating and presenting evidence • Preparing for the arbitration hearing • Conducting the arbitration hearing • Making and responding to objections • Examination and cross-examination of witnesses

Author: George A. Bermann
Publisher: BRILL
ISBN: 9004348271
Category : Law
Languages : en
Pages : 648

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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.