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Author: Derek Roebuck Publisher: Holo Books ISBN: 9780953773039 Category : History Languages : en Pages : 312
Book Description
The Roman empire encompassed a vast area, incorporating many different cultures, and yet Roman law had to resolve disputes across the board. This meticulous study of the ways and means in which Roman law asserted control over disputes between individuals, communities and even states, is based on an in-depth analysis of legal texts, including Justinian's Corpus Juris . The study examines the Roman concept of the arbitrator, a duty that any good man' could have been called upon to perform, the types of cases he might be expected to settle, the settlements and compromises, the hearings and the enforcement measures available to him.
Author: Derek Roebuck Publisher: Holo Books ISBN: 9780953773039 Category : History Languages : en Pages : 312
Book Description
The Roman empire encompassed a vast area, incorporating many different cultures, and yet Roman law had to resolve disputes across the board. This meticulous study of the ways and means in which Roman law asserted control over disputes between individuals, communities and even states, is based on an in-depth analysis of legal texts, including Justinian's Corpus Juris . The study examines the Roman concept of the arbitrator, a duty that any good man' could have been called upon to perform, the types of cases he might be expected to settle, the settlements and compromises, the hearings and the enforcement measures available to him.
Author: Derek Roebuck Publisher: Holo Books ISBN: Category : History Languages : en Pages : 312
Book Description
The Roman empire encompassed a vast area, incorporating many different cultures, and yet Roman law had to resolve disputes across the board. This meticulous study of the ways and means in which Roman law asserted control over disputes between individuals, communities and even states, is based on an in-depth analysis of legal texts, including Justinian's Corpus Juris . The study examines the Roman concept of the arbitrator, a duty that any good man' could have been called upon to perform, the types of cases he might be expected to settle, the settlements and compromises, the hearings and the enforcement measures available to him.
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.
Author: Roman Khodykin Publisher: Oxford University Press, USA ISBN: 9780198818342 Category : Law Languages : en Pages : 0
Book Description
This work provides a comprehensive, article-by-article commentary on the IBA Rules on the Taking of Evidence in International Arbitration, pulling together in one volume an in-depth analysis of the relevant case law, reports of the IBA working groups, academic authorities, and the authors' own practical experience.
Author: Valentina Casella Publisher: Brepols Publishers ISBN: 9782503586885 Category : Languages : en Pages : 256
Book Description
In the wider context of the border conflicts that involve Rome as a third authority super partes, for which there is evidence already in the second century BC, two epigraphic documents stand out for the peculiarities distinguishing them from all others: the so-called Polcevera Tablet (concerning a dispute between Genuates and Viturii Langenses) and the Cippus Abellanus (related to a border dispute between Nolani and Abellani and written in Oscan). They make us aware of the political and municipal dynamics underlying the complex principle of Roman arbitration, often required to resolve territorial disputes, which were gradually evolving as Rome opened up to the East. What role did the Roman Senate play in such disputes? What exactly was the function of the referees sent by the City to settle the disputes with a super partes judgment? What was the importance of the agrarian reform of the Gracchi and the realisation of road axes in the acuity of such antagonisms? These are the questions to which this study tries to provide an answer.
Author: Gabrielle Kaufmann-Kohler Publisher: Oxford University Press ISBN: 0191669199 Category : Law Languages : en Pages : 732
Book Description
This book expounds the theory of international arbitration law. It explains in easily accessible terms all the fundamentals of arbitration, from separability of the arbitration agreement to competence-competence over procedural autonomy, finality of the award, and many other concepts. It does so with a focus on international arbitration law and jurisprudence in Switzerland, a global leader in the field. With a broader reach than a commentary of Chapter 12 of the Swiss Private International Law Act, the discussion contains numerous references to comparative law and its developments in addition to an extensive review of the practice of international tribunals. Written by two well-known specialists - Professor Kaufmann-Kohler being one of the leading arbitrators worldwide and Professor Rigozzi one of the foremost experts in sports arbitration - the work reflects many years of experience in managing arbitral proceedings involving commercial, investment, and sports disputes. This expertise is the basis for the solutions proposed to resolve the many practical issues that may arise in the course of an arbitration. It also informs the discussion of the arbitration rules addressed in the book, from the ICC Arbitration Rules to the Swiss Rules of International Arbitration, the CAS Code, and the UNCITRAL Rules. While the book covers commercial and sports arbitrations primarily, it also applies to investment arbitrations conducted under rules other than the ICSID framework.
Author: Christopher Dugan Publisher: Oxford University Press, USA ISBN: 019979572X Category : Business & Economics Languages : en Pages : 818
Book Description
I. Introduction II. History and Limitations of the Traditional System for Resolving Investment Disputes III. The Modern System of Investor-State Arbitration IV. Commonly Used Procedural Rules V. Procedural Law Applicable in Investor-State Arbitration VI. National Court Interference: Anti-Arbitration Injunctions VII. The Course of an Investment Arbitration VIII. Consolidation under Relevant Arbitration Rules or Treaties IX. Governing Law in Investment Disputes X. Consent to Arbitral Jurisdiction XI. The Concept of Investment XII. The Nationality of the Investor XIII. Exhaustion of Local Remedies XIV. Election of Forum: National Courts and Contract Arbitrations XV. Discrimination XVI. Expropriation XVII. "Fair and Equitable Treatment" and "Full Protection and Security" XVIII. Umbrella Clauses XIX. Damages, Compensation, and Non-Pecuniary Remedies XX. Annulment and Set Aside XXI. Enforcement of Awards XXII. The Future of International Investment Arbitration Select Bibliography Index Table of Cases Index of Treaties, Conventions, and International Agreements.
Author: Roman Khodykin Publisher: Juris Publishing, Inc. ISBN: 1937518140 Category : Arbitration and award Languages : en Pages : 328
Book Description
A comprehensive review of the arbitration law and practice in Russia including: discussion of arbitration practice and procedure; an examination of the jurisdiction of the arbitral tribunal; the appointment of arbitrators including the challenge and replacement of arbitrators; an analysis of the various types of awards including a discussion on deliberations, agreements, settlements, and the costs of arbitration; a discussion on the amendment and challenge of awards including the liability of arbitrators; and, a review of the enforcement of domestic and foreign arbitration awards.
Author: Gary B. Born Publisher: Kluwer Law International B.V. ISBN: 9403526440 Category : Law Languages : en Pages : 5388
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: Derek Roebuck
Author: Derek Roebuck
Author: Derek Roebuck
Author: Nathan D. O'Malley
Author: Roman Khodykin
Author: Valentina Casella
Author: Gabrielle Kaufmann-Kohler
Author: Christopher Dugan
Author: Roman Khodykin 
Author: Gary B. Born
Author: Boaz Cohen