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Author: Lars Heuman Publisher: Juris Publishing, Inc. ISBN: 1929446918 Category : Law Languages : en Pages : 654
Book Description
In 2004, Sweden's Arbitration Act of 1999 was five years old. Inspired by UNCITRAL's Model Law while perpetuating features of the 1929 Act, it introduced many new concepts, such as establishing rules to determine the law applicable to the agreement to arbitrate, authorizing the arbitrators to decide the existence of facts and to fill gaps in contracts, making competition law issues arbitrable, affording the respondent the right to have the dispute resolved if the claimant withdraws its claim, authorizing truncated tribunals where an arbitrator obstructs the work of the tribunal. The new Act further gives arbitrators power to decide interim measures of protection and accepts that foreign parties waive in advance the possibility to set aside the arbitral award. In order to learn about the experience of Swedish and foreign practitioners, arbitrators and judges during the five years since the Act was adopted, the Stockholm Arbitration Report and the Institute of Arbitration Law at the University of Stockholm, organized a symposium on 7 and 8 October 2004. The symposium, was arranged in co-operation with the Arbitration Institute of the Stockholm Chamber of Commerce (SCC), the China International Economic and Trade Arbitration Commission (CIETAC), the Hong Kong International Arbitration Centre (HKIAC), the ICC International Court of Arbitration, the International Centre for Dispute Resolution (ICDR), the International Commercial Arbitration Court at the CCI of the Russian Federation, JAMS, the London Court of International Arbitration (LCIA), Revue de l’arbitrage, the Swedish Bar Association and UNCITRAL. This book contains the papers presented to the six working sessions and the full discussions that took place.
Author: Lars Heuman Publisher: Juris Publishing, Inc. ISBN: 1929446918 Category : Law Languages : en Pages : 654
Book Description
In 2004, Sweden's Arbitration Act of 1999 was five years old. Inspired by UNCITRAL's Model Law while perpetuating features of the 1929 Act, it introduced many new concepts, such as establishing rules to determine the law applicable to the agreement to arbitrate, authorizing the arbitrators to decide the existence of facts and to fill gaps in contracts, making competition law issues arbitrable, affording the respondent the right to have the dispute resolved if the claimant withdraws its claim, authorizing truncated tribunals where an arbitrator obstructs the work of the tribunal. The new Act further gives arbitrators power to decide interim measures of protection and accepts that foreign parties waive in advance the possibility to set aside the arbitral award. In order to learn about the experience of Swedish and foreign practitioners, arbitrators and judges during the five years since the Act was adopted, the Stockholm Arbitration Report and the Institute of Arbitration Law at the University of Stockholm, organized a symposium on 7 and 8 October 2004. The symposium, was arranged in co-operation with the Arbitration Institute of the Stockholm Chamber of Commerce (SCC), the China International Economic and Trade Arbitration Commission (CIETAC), the Hong Kong International Arbitration Centre (HKIAC), the ICC International Court of Arbitration, the International Centre for Dispute Resolution (ICDR), the International Commercial Arbitration Court at the CCI of the Russian Federation, JAMS, the London Court of International Arbitration (LCIA), Revue de l’arbitrage, the Swedish Bar Association and UNCITRAL. This book contains the papers presented to the six working sessions and the full discussions that took place.
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: Annette Magnusson Publisher: Kluwer Law International B.V. ISBN: 9403525622 Category : Law Languages : en Pages : 557
Book Description
Sweden is one of a handful of countries where the international arbitral process has reached a stage where the jurisprudence is replete with instances involving no local parties at all. In this context of credible neutrality, the Arbitration Institute of the Stockholm Chamber of Commerce (SCC) has emerged as a leading global arbitral institution. Whether the matter at issue is a business transaction dispute or a politicized conflict involving obdurate parties, the richness of its body of decided cases manifests the SCC’s authority and reliability throughout the converging world of international arbitration. The present book, written by sixteen eminent practitioners and now in its second edition, provides a practical guide to international arbitration in Sweden, whether ad hoc or institutional. Among the many elements of practice and procedure detailed are the following: appointment, challenge, removal, and compensation of arbitrators; procedural efficiency and costs; use of international legal sources such as IBA guidelines; choice of law by parties; SCC rules and procedures; multiparty arbitrations – joinder, intervention, consolidation; investment treaty arbitration; confidentiality; documentary evidence, witnesses, and experts; grounds for setting aside; party succession; Swedish court review of the arbitrator’s jurisdiction; and appeal of arbitrators’ compensation. In addition, readers will be exposed to a trove of pertinent references to important decisions that have, in recent decades, been generated by the stream of major international arbitrations conducted in Sweden. Disputing parties wishing to know what will happen when their case is brought to Sweden for arbitration will find no clearer or more thorough guide. This book is an incomparable source for anyone called upon to act as arbitrator or counsel, or in any other capacity, in international arbitration in Sweden.
Author: Finn Madsen Publisher: Oxford University Press ISBN: 0195339703 Category : Law Languages : en Pages : 543
Book Description
The Arbitration Institute of the Stockholm Chamber of Commerce has become an important forum for international commercial arbitration, with parties from more than 30 countries, especially Western European countries and increasingly Russia, other Eastern European Countries, and China. The author offers practitioners several background chapters on commercial arbitration in Sweden and a detailed analysis of each section of the Swedish Arbitration Act (SAA). This is a ready-reference handbook analyzing Swedish arbitration- the SAA, the Rules, and cases-and also includes references and commentary with respect to international commercial arbitration in general. The author's intention is to help practitioners "in search of rapid guidance regarding the interpretation of a particular provision or who wish to solve a practical problem." "This Third Edition of Commercial Arbitration in Sweden provides us all with a valuable and up-to-date understanding of the Swedish system in operation, and a comprehensive commentary on the SCC Rules, both new and existing. World business has the means, through this work, to see why Sweden and Stockholm are good choices for their international arbitrations."-- ? Phillip Capper, Head of International Arbitration, Lovells; Nash Professor of Engineering Law, King's College, University of London; former Chairman of the Faculty of Law, University of Oxford
Author: Yuliya Chernykh Publisher: BRILL ISBN: 9004414703 Category : Law Languages : en Pages : 629
Book Description
Contracts are relevant, frequently central, for a significant number of investment disputes. Yet, the way tribunals ascertain their content remains largely underexplored. How do tribunals interpret contracts in investment treaty arbitration? How should they interpret contracts? Does national law have any role to play? Contract Interpretation in Investment Treaty Arbitration: A Theory of the Incidental Issue addresses these questions. The monograph offers a valuable insight into the practice and theory of contract interpretation in investment treaty arbitration. By proposing a theoretical frame for seamless integration of contract interpretation into the overall structure of decision-making, the book contributes to predictability, coherence, sufficiency and correctness of the tribunals’ interpretative practices in investment treaty arbitration.
Author: Pietro Ferrario Publisher: Kluwer Law International B.V. ISBN: 9041186166 Category : Law Languages : en Pages : 217
Book Description
International commercial gas sale agreements are often characterised by a duration of twenty years or more. Consequently, when unforeseen events alter market conditions the contractual equilibrium originally found by the parties is disrupted, giving rise to the necessity to renegotiate and adapt the agreement. If negotiation fails, the parties in most cases submit the matter to arbitration. This comprehensive analysis of what can happen under such circumstances proceeds from an in-depth consideration of the power of arbitrators to intervene on the agreement in the light of arbitrability and procedural law. The author fully explains the complex special nature of gas pricing and contract clauses, and takes into account such features as the following, especially in the wake of the 2009 crisis as it affected the gas sector: - take or pay clauses; - mechanisms for gas price calculation; - price review and price re-opener clauses; - hardship provisions; - problems arising from the absence of a specific clause providing for adaptation/adjustment; - effect on contracts of the emergence and development of spot or traded gas markets; and - trend toward introducing spot-market elements into an oil-indexed price formula. The analysis draws on interviews with lawyers and arbitrators who have been involved in recent proceedings regarding gas sale contract adaptations, and also considers court decisions issued in setting aside or enforcing arbitration awards handed down in energy disputes. A central discussion throughout this book is the possible responses to the question of whether it is possible to determine a principle of law justifying the arbitrator’s power to intervene in contract adaptation. All professionals involved in the production, wholesaling, or distribution of gas will find this book indispensable. It will also be of special value to practitioners, policymakers, and regulators in the fields of energy law and environmental law.
Author: Frank-Bernd Weigand Publisher: OUP Oxford ISBN: 0191579971 Category : Law Languages : en Pages : 2585
Book Description
The Practitioner's Handbook on International Commercial Arbitration provides concise country reports on important jurisdictions for international arbitral proceedings, as well as commentaries on well-known arbitration rules which are frequently incorporated in international legal agreements. Most international commercial contracts now include an arbitration clause as an alternative to resolving disputes in the state courts. This second edition of the Practitioner's Handbook includes newly updated country chapters, expanded international coverage and commentary on the most important arbitration rules worldwide. It is written by world-leading arbitration practitioners and academics and combines a practical approach with in-depth legal research and analysis of important national and international case law. The book is unique in its coverage, providing uniformly designed country reports and thorough commentaries on internationally recognized arbitration rules in just one volume. There are individual chapters for the following countries: Austria, Belgium, China & Hong Kong, England, France, Germany, Italy, Netherlands, Singapore, Sweden, Switzerland, USA. Each country report covers: jurisdiction, the tribunal, arbitration procedure, the award, amendments and challenge to the award, liability of arbitrators and enforcement of national awards; and provides details of national arbitration laws, arbitral institutions in the jurisdiction, model arbitration clauses and a bibliography, including a list of key judicial decisions. The first edition was reviewed as "an outstanding book" and "an extremely useful tool". The work is an indispensable one-stop reference point for lawyers drafting international arbitration clauses or handling arbitration proceedings in different countries.
Author: Giuditta Cordero-Moss Publisher: Cambridge University Press ISBN: 1316514234 Category : Law Languages : en Pages : 527
Book Description
Verifies the impact of national law and transnational rules on international contracts, particularly those with an arbitration clause.
Author: Axel Calissendorff Publisher: Kluwer Law International B.V. ISBN: 9403506830 Category : Law Languages : en Pages : 305
Book Description
Each year, Stockholm is the arbitration seat of choice for numerous parties endeavouring to resolve international disputes. It is the second most used venue for investment disputes, and it is often the venue for disputes arising from the Energy Charter Treaty. This new annual publication, launched under the auspices of the Stockholm Centre for Commercial Law, is designed to meet the information needs of arbitration practitioners and parties from all over the world. This first issue provides authoritative articles, some of them with a Swedish angle, that address current matters of global concern in arbitration, including the following: multi-appointment bias; cross-examination and advocacy in arbitration; due process – paranoia or prudence?; robots as arbitrators; security for costs and third-party funding in investment arbitration; and the ‘Arbitration Station’ podcast. Recent developments in Swedish arbitration-related case law are summarized. The 2019 changes in the Swedish Arbitration Act are presented. The Yearbook provides both perspective and detailed analyses that will be welcomed by arbitration practitioners, counsel, and judges deciding arbitration cases. It will also prove valuable insights for arbitration academics, in-house counsel at multinational companies, and arbitral institutions worldwide.
Author: Joel Dahlquist Publisher: BRILL ISBN: 9004413685 Category : Law Languages : en Pages : 343
Book Description
Arbitration clauses in investment treaties often provide investors with a choice between ICSID arbitration, on the one hand, and rules originally drafted for commercial arbitration on the other. The Use of Commercial Arbitration Rules in Investment Treaty Disputes studies how domestic courts and commercial arbitration institutions impact the scope of arbitral tribunal jurisdiction when commercial arbitration rules are used. Based on extensive studies of court decisions and previously-unknown arbitral awards, Joel Dahlquist’s book analyses the practice of domestic courts in reviewing treaty-based jurisdiction, and explains how the two most used commercial arbitration institutions – the ICC and the SCC – have drafted, interpreted and applied their arbitration rules in treaty-based disputes.
Author: Lars Heuman
Author: Lars Heuman
Author: Gary B. Born
Author: Annette Magnusson
Author: Finn Madsen
Author: Yuliya Chernykh
Author: Pietro Ferrario
Author: Frank-Bernd Weigand
Author: Giuditta Cordero-Moss
Author: Axel Calissendorff
Author: Joel Dahlquist