Author: Stewart Abercrombie Baker Publisher: Springer ISBN: Category : Law Languages : en Pages : 340
Book Description
This publication is a concise and colourful presentation of the authors' first-hand experience with the remarkable, stormy procedural history of the Iran-U.S. Claims Tribunal in The Hague. Examining each rule in turn, the authors examine the first intent of the UNCITRAL framers, as evident from the travaux preparatoires, and then analyze how the Rules were interpreted, changed and applied at the tribunal. This volume is destined to become a standard reference on the procedural aspects of international commercial arbitration. Parties involved in arbitration, their counsel, and others interested in international practice will treasure this explication of the pitfalls and ambiguities in the real-life application of the Rules, including the role of international political intrigue, in the highly charged atmosphere of multinational proceedings.
Author: David D. Caron Publisher: OUP Oxford ISBN: 0191665312 Category : Law Languages : en Pages : 1134
Book Description
Reaching past the secrecy so often met in arbitration, the second edition of this commentary explains clearly and fully the workings of the UNCITRAL Rules of Arbitral Procedure recommended for use in 1976 by the United Nations. This new edition fully takes account of the revised Rules adopted in 2010 while maintaining coverage of the original Rules where these remain relevant. The differences between the old and the new Rules are clearly indicated and explained. Pulling together difficult to obtain sources from the Iran-United States Claims Tribunal, arbitrations under Chapter 11 of the North American Free Trade Agreement, and ad hoc arbitrations, it illuminates the shape the UNCITRAL Rules take in practice. The authors cogently critique that practice in the light of the negotiating history of the rules and solutions adopted by the other major private rules of arbitral procedure. To aid the specialist in the field, the practice of these various tribunals is extensively extracted and reproduced. Rich both in its analysis and sources, this text is indispensable for those working in or studying international arbitration.
Author: Christopher S. Gibson Publisher: Oxford University Press ISBN: 0199774412 Category : Law Languages : en Pages : 450
Book Description
The Iran-United States Claims Tribunal, which has been called the most significant arbitral body in history, celebrated its 25th anniversary in 2006. As of mid-2005, the Tribunal had issued over 800 awards and decisions--a total of 600 awards (including partial awards and awards on agreed terms), 83 interlocutory and interim awards, and 133 decisions--in resolving almost 3000 cases. The Tribunal's awards have been described as the most important body of international arbitration jurisprudence. The significance of these decisions as persuasive authority is second to none. In this volume, experts in the field identify and comment on the Tribunal awards that are most important for international arbitration; i.e., the cases that everyone needs to know for investor-state and international commercial arbitration. The book approaches the Tribunal's work from a forward-looking perspective with emphasis on the continuing usefulness of awards and decisions issued by the Tribunal in international arbitration practice. In addition to original contributions from an array of eminent authors (all of whom have extensive experience at the Tribunal and/or in investor-State and international arbitration), this book includes excerpts of key awards discussed in the contributions, as well as appendices with foundational documents for the Tribunal. CONTRIBUTORS INCLUDE: · Roger P. Alford, Pepperdine University School of Law, former Legal Assistant, Iran-U.S. Claims Tribunal · David J. Bederman, Emory Law School, former Legal Assistant, Iran-U.S. Claims Tribunal · David D. Caron, C. William Maxeiner Distinguished Professor of Law, University of California, Berkeley, former Legal Assistant, Iran-U.S. Claims Tribunal · Jack J. Coe, Jr. Pepperdine University School of Law, former Legal Assistant, Iran-U.S. Claims Tribunal · Christopher R. Drahozal, John M. Rounds Professor of Law, University of Kansas School of Law; former Legal Assistant, Iran-U.S. Claims Tribunal · Christopher S. Gibson, Suffolk University Law School; former Legal Assistant, Iran-U.S. Claims Tribunal · Mark R. Joelson, Law Office of Mark R. Joelson · Lucinda A. Low, Steptoe & Johnson · Andrea J. Menaker, Office of the Legal Advisor, U.S. Department of State · Sean D. Murphy, George Washington University Law School, former U.S. Agent to the Iran-U.S. Claims Tribunal · Daniel M. Price, Sidley Austin, former Deputy U.S. Agent to the Iran-U.S. Claims Tribunal · Jeffrey F. Pryce, Steptoe & Johnson
Author: Jacomijn Hof Publisher: Springer ISBN: 9789065445902 Category : Law Languages : en Pages : 0
Book Description
This book provides a commentary on the UNCITRAL arbitration rules as applied by the Iran-U.S. Claims Tribunal. These UNCITRAL Rules are unique in origin as a result of contributions from representatives from various legal backgrounds, including those from developing countries. This book is a guide to the Tribunal's practice regarding the UNCITRAL Rules. It takes the form of an article-by-article commentary, describing the `travaux preparatoires' some other Rules (ISS and LCIA) and the relevant Tribunal practice. The Tribunal's practice shows the flexibility, workability and completeness of the Rules.
Author: Jan Paulsson Publisher: Kluwer Law International B.V. ISBN: 9041142193 Category : Law Languages : en Pages : 668
Book Description
The UNCITRAL Arbitration Rules have proved instrumental to the effective resolution of transborder, commercial, investment-treaty, and inter-State disputes. This book, by two leading scholars and practitioners whose 2006 joint report began the process that led to the first ever revision of the Arbitration Rules in 2010, and who were key contributors in the revision process at UNCITRAL thereafter, is the only article-by-article commentary of both the generic 2010 Rules and the Transparency Rules of 2013. Extensively referring to the UNCITRAL travaux préparatoires, the book considers: • the principal legislative intent behind each new or revised article – or, in respect of those articles which remain unchanged, the reasons for the absence of revision; • where an article is revised, or entirely new provisions are introduced, an explanation of the issues that the revision intended to address; and • an analysis of the discrete issues that arise in respect of each article. The authors make reference not only to academic literature and case law, but also to other commonly used Arbitration Rules and the practice under those Rules. More than a matchless guide to practice, this deeply informed resource offers a comprehensive understanding of both sets of UNCITRAL Rules. This book serves as the pre-eminent commentary and analysis on the UNCITRAL Arbitration Rules and the Transparency Rules.
Author: Sayyed Khalil Khalilian Publisher: Trafford Publishing ISBN: 1466964545 Category : Law Languages : en Pages : 411
Book Description
Iran-United States Claims Tribunal Reports, published by Grotius Publications, Cambridge University Press, comprising hitherto thirty-eight volumes. They are available on the shelves of all law and certain major courts and public libraries across the world. The main objective of the author in this work is to make the Tribunal's case law readily accessible through a systematic presentation of legal issues along with handy references to the volumes, pages, and paragraphs of the source as appeared in the Grotius Reports. It is for all practical purposes a concise compendium making the study of the Tribunal's jurisprudence within reach and a convenient source of study and reference for legal practitioners, law students, and academics in the field of international law arbitration.
Author: Charles Nelson Brower Publisher: Martinus Nijhoff Publishers ISBN: 9789041106278 Category : Law Languages : en Pages : 958
Book Description
The Iran-United States Claims Tribunal is arguably the most significant arbitral institution of the twentieth century. Although the completion of its last few cases could take a long time, the Tribunal's impressive work must be made available now as a guide to the resolution of ongoing disputes and for future tribunals. The Tribunal has, by this point, disposed of well over 98 percent of its caseload. Little more remains for its participants to learn, but the Tribunal shows no signs of fading away. Both of the two States Parties, for different reasons, see greater advantage in the Tribunal's prolongation than in its elimination. The authors have succeeded in dealing with all of the most deserving Tribunal subjects. Moreover, their intimate involvement in and knowledge of the Tribunal ensure that their book is a fascinating, important, and indispensable contribution to the literature of International Law. This is a definitive book on a monumental event in the law and in history at the close of a century. "The Iran-United States Claims Tribunal" was awarded the ASIL Certificate of Merit.
Author: Stewart Abercrombie Baker
Author: David D. Caron
Author: Matti Pellonpää
Author: Christopher S. Gibson
Author: Jacomijn Hof
Author: Stewart Abercrombie Baker
Author: Gerald Aksen
Author: Jan Paulsson
Author: Sayyed Khalil Khalilian
Author: Charles Nelson Brower