Author: Henry RichardPublisher:
ISBN:
Category : Arbitration (International law)
Languages : en
Pages : 68
Book Description
Papers on the Reasonableness of International Arbitration, Its Recent Progress, and the Necessity for a Codification of International Law
Author: Henry RichardPapers on the Reasonableness of International Arbitration
Author: Henry RichardPublisher:
ISBN:
Category : Arbitration (International law)
Languages : en
Pages : 68
Book Description
Papers on the Reasonableness of International Arbitration, Its Recent Progress, and the Necessity for a Codification of International Law
Author: Henry RichardPapers on the Reasonableness of International Arbitration, Its Recent Progress, and the Codification of the Law of Nations Read at Conferences of the Association for the Reform and Codification of the Law of Nations, Held at the Hague, Cologne, Milan, Liverpool, and London
Author: Henry RichardPublisher:
ISBN:
Category : Arbitration (International law)
Languages : en
Pages : 68
Book Description
Papers on the Reasonableness of International Arbitration, Its Recent Progress, and the Codification of the Law of Nations Read at Conferences of the Association for the Reform and Codification of the Law of Nations, Held at the Hague, Cologne, Milan, Liverpool, and London
Author: H. Richard LanePublisher:
ISBN:
Category : Arbitration (International law)
Languages : en
Pages : 68
Book Description
Proportionality, Reasonableness and Standards of Review in International Investment Law and Arbitration
Author: Valentina VadiPublisher: Edward Elgar Publishing
ISBN: 1785368583
Category : Law
Languages : en
Pages : 459
Book Description
International investment law is one of the most dynamic fields of international law, and yet it has been criticised for failing to strike a fair balance between private and public interests. In this valuable contribution to the current debate, Valentina Vadi examines the merits and pitfalls of arbitral tribunals’ use of the concepts of proportionality and reasonableness to review the compatibility of a state’s regulatory actions with its obligations under international investment law.
Procedure and Evidence in International Arbitration
Author: Jeffrey WaincymerPublisher: Kluwer Law International B.V.
ISBN: 9041140670
Category : Law
Languages : en
Pages : 1408
Book Description
Central to the book’s purpose is the procedural challenge facing arbitrators at each and every stage of the arbitral process when fairness arguments conflict with efficiency concerns and trade-offs must be determined. Some key themes include how can a tribunal be fair, and in particular be neutral, if parties are so diverse? How can arbitration be made efficient and cost-effective without undue inroads into fairness and accuracy? How does a tribunal do what is best if the parties are choosing a suboptimal process? When can or must an arbitrator ignore procedural choices made by the parties? The author thoroughly evaluates competing arguments and adds his own practical tips, expertly synthesizing and engaging with the conference literature and differing authors’ views. He identifies criteria that offer a harmonized approach to each stage of the arbitral process, with particular attention to such aspects of international arbitration as: appropriate trade-offs between flexibility and certainty; the rights, duties and powers of arbitrators; appointment and challenge of arbitrators; responses to ‘guerilla’ tactics; drafting of arbitration agreements, including specialty clauses; drafting of required commencement notices and response documents; set-off; fast track arbitration and other efficiency options; strategic use of preliminary conferences and timetabling; online arbitration; multi-party, multi-contract, class arbitration; amicus and third party funders; pre-arbitral referees and interim relief; witness evidence, both factual and expert; documentary evidence, production obligations, and challenges to production; identifying applicable law; and remedies and costs.
International Dispute Resolution
Author: Vesna LazićPublisher: Springer
ISBN: 946265252X
Category : Law
Languages : en
Pages : 131
Book Description
The contributions in this book cover a wide range of topics within modern disputeresolution, which can be summarised as follows: harmonisation, enforcement andalternative dispute resolution. In particular, it looks into the impact of harmonisedEU law on national rules of civil procedure and addresses the lack of harmonisationin the US regarding the recognition and enforcement of foreign judgments. Furthermore,the law on enforcement is examined, not only by focusing on US law, but also onhow to attach assets in order to enforce a judgment. Finally, it addresses certain typesof alternative dispute resolution. In addition, the book looks into the systems andcultures of dispute resolution in several regions of the world, such as the EU, the US andChina, that have a high impact on globalisation. Hence, the book is diverse in the senseof dealing with multiple issues in the field of modern dispute resolution./div The book offers explorations of the impact of international rules and EU law on domesticcivil procedure, through case studies from, among others, the US, China, Belgium andthe Netherlands. The relevance of EU law for the national debate and its impact on theregulation of civil procedure is also considered. Furthermore, several contributions discussthe necessity and possibility of harmonisation in the emergency arbitrator mechanisms inthe EU. The harmonisation of private international law rules within the EU, particularlythose of a procedural nature, is juxtaposed to the lack thereof in the US. Also, the bookoffers an overview of the current dispute settlement mechanisms in China. The publication is primarily meant for legal academics in private international law andcivil procedure. It will also prove useful to practitioners regularly engaged in cross-borderdispute resolution and will be of added value to advanced students, as well as to those withan interest in international litigation and more generally in the area of dispute resolution. Vesna Lazić is Senior Researcher at the T.M.C. Asser Institute, Associate Professor ofPrivate Law at Utrecht University and Professor of European Civil Procedure at theUniversity of Rijeka. Steven Stuij is an expert in Private International Law and a PhD Candidate/GuestResearcher at the Erasmus School of Law, Rotterdam. Ton Jongbloed is Guest Editor on this volume./div
Bias Challenges in International Commercial Arbitration
Author: Sam LuttrellPublisher: Kluwer Law International B.V.
ISBN: 9041131914
Category : Law
Languages : en
Pages : 322
Book Description
Shows how 'dirty' challenge tactics are made viable primarily by the prevalence of a judicially derived test for bias which focuses on appearances, rather than facts and He argues that the most commonly used test of bias, the 'reasonable apprehension' test, makes it easy to allege a lack of impartiality and independence.
Selected Papers on International Arbitration Volume 4
Author: Daniel GirsbergerPublisher: Stämpfli Verlag
ISBN: 3727233974
Category : Law
Languages : en
Pages : 194
Book Description
The SAA Series on International Arbitration contains the best graduation papers of all participants who successfully completed the post graduate studies in international arbitration of the SAA Swiss Arbitration Academy. The papers cover different aspects of international arbitration. The SAA Series is published on a yearly basis. The Swiss Arbitration Academy is a private institution founded and managed by the editors. Each year, the SAA offers and conducts an intensive and practical course in international arbitration. The training is designed for lawyers, in-house counsel, and other professionals interested in cutting edge international dispute resolution education. All participants, who successfully complete the course, which includes the submission of the final paper, are awarded the SAA Certificate and the title Arbitration Practitioner ArbP.