Author: American Arbitration Association. Office of the General CounselPublisher:
ISBN:
Category : Arbitration (International law)
Languages : en
Pages : 457
Book Description
Arbitration & the Law
Author: American Arbitration Association. Office of the General CounselPublisher:
ISBN:
Category : Arbitration (International law)
Languages : en
Pages : 457
Book Description
Arbitration & the Law, 1982
Author: American Arbitration Association. Office of the General CounselPublisher:
ISBN:
Category : Arbitration (International law)
Languages : en
Pages : 214
Book Description
Arbitration 1982
Author: National Academy of Arbitrators. Annual MeetingPublisher:
ISBN:
Category : Arbitration, Industrial
Languages : en
Pages : 232
Book Description
AAA Handbook on Commercial Arbitration
Author: American Arbitration AssociationPublisher: Juris Publishing, Inc.
ISBN: 1933833521
Category : Arbitration and award
Languages : en
Pages : 632
Book Description
Assembled from Dispute Resolution Journal - the flagship publication of the American Arbitration Association - the chapters in the Handbook have all, where necessary, been revised and updated prior to publication. The book is succinct, comprehensive and a practical introduction to the use of arbitration and ADR, written by leading practitioners and scholars. The Handbook begins with an exploration of drafting commercial arbitration clauses and provides advice on selecting the right arbitrator for any given commercial arbitration dispute. It supplies practitioners with guidelines for use in their arbitration practice and covers such topics as evidence and discovery, arbitral subpoena powers, procedural and interim orders. It also offers guidance on witness preparation, expert testimony, and cross-examination. There are chapters that specifically address the arbitration of large complex cases, healthcare disputes, and entertainment industry disputes. Arbitrators are provided with recommendations regarding professional conduct and responsibility. Arbitral awards and remedies are covered extensively and arbitrators are provided with practical approaches and information on drafting awards, punitive damages, the finality of awards and, post-decision debriefing. Lastly, this book discusses commercial arbitration as it relates to the legal system. The chapters were selected from an extensive body of writings and, in the main, represent world-class assessments of arbitration and ADR practice. All the major facets of the field are addressed and provide the reader with comprehensive and accurate information, lucid evaluations, and an indication of future developments. They not only acquaint, but also ground the reader in the field.
The Arbitration (Guernsey) Law, 1982
Author: Guernsey. States of DeliberationPublisher:
ISBN:
Category : Arbitration and award
Languages : en
Pages : 39
Book Description
The South China Sea Arbitration
Author: S. JayakumarPublisher: Edward Elgar Publishing
ISBN: 1788116275
Category : Law
Languages : en
Pages : 335
Book Description
Bringing together leading experts on the law of the sea, The South China Sea Arbitrationprovides a detailed analysis of the significant aspects, findings and legal reasoning in the high-profile case of the South China Sea Arbitration between the Philippines and China. The book offers a comprehensive overview and analysis of the major issues discussed in the Arbitration including jurisdiction, procedure, maritime entitlement, and the protection of the marine environment. The chapters also explore the implications of the case for the South China Sea disputes and possible dispute settlements under the 1982 United Nations Convention on the Law of the Sea. The robust discussion in each chapter will be an invaluable contribution to the ongoing debate on the South China Sea Arbitration. This informative and compelling book will be essential reading for scholars and students of public international law, law of the sea, international dispute settlement and international relations. Policy makers and governmental officials with responsibility for law of the sea and international dispute settlement, as well as members of international courts and tribunals, international organisations and non-governmental organisations, will find this book a stimulating read. Contributors include: R. Beckman, T. Davenport, E. Franckx, L.Q. Hung, S. Jayakumar, S. Kaye, T. Koh, Y. Lyons, M.H. Nordquist, N. Oral, H.D. Phan, J.A. Roach, C Symmons
The Art of Arbitration
Author: Albert Jan van den BergPublisher:
ISBN:
Category :
Languages : en
Pages : 320
Book Description
Solving Disputes Through Commercial Arbitration
Author: Rodolphe J. A. De SeifePublisher:
ISBN:
Category : Law
Languages : en
Pages : 186
Book Description
Commercial Arbitration
Author: Nicholas R. WeiskopfPublisher: Vandeplas Pub.
ISBN: 9781600422171
Category : Law
Languages : en
Pages : 636
Book Description
In the past few decades, the United States Supreme Court has led an extraordinary embrace of commercial arbitration as a favored form of alternative dispute resolution. First, using an extremely broad definition of "interstate commerce," it has extended the preemptive reach of the Federal Arbitration Act (FAA) and the underlying federal caselaw of arbitration, to the fullest possible constitutional limit so as to preempt state law attempts to regulate arbitral processes in any manner deemed at all hostile to federal policies. Second, operating under the FAA, the Court has ruled that so-called "public" statutory claims for discrimination, securities fraud, antitrust and RICO are covered by conventional pre-dispute agreements to arbitrate, even under contracts of adhesion. With this incredible growth of arbitration, on both the national and international levels, has come increased focus on whether and, if so, when, arbitrators may depart from specific rules of law to do perceived "justice." So too, as the Supreme Court continues to resolve issues as to which lower courts are in conflict, certain legal uncertainties are given resolution, but others are created, including those of the maintainability of arbitral class actions and party flexibility to expand the scope of otherwise highly limited judicial review of awards. This text attempts to combine the theoretical with the practical, so it also focuses on arbitral procedures and discusses differences in handling certain types of cases in arbitration as opposed to court. To the extent arbitration is a creature of contract, there is also attention paid to the use of drafting to accomplish client objectives. There are also ample Appendices containing rules of arbitral tribunals, statutory texts, and other authoritative materials. Hopefully, this book will serve not only as the basis for a two or three point law school course, but as a useful law office reference as well. Nicholas R. Weiskopf is Professor of Law, St. John's University School of Law. He graduated from Columbia College in 1966, and Columbia Law School (Magna Cum Laude) in 1969. He practiced as a litigator in major New York City firms for over a decade, during which time he was Lecturer in Law at Columbia Law School. At St. John's since 1982, Professor Weiskopf teaches Contracts and Commercial Arbitration. He has served as a neutral and as a designated arbitrator in major commercial disputes, and as an expert witness in arbitrations both here and abroad. He has also participated in many commercial and securities arbitrations as counsel. He has written in the areas of securities regulation, contracts and commercial arbitration over a forty year span.
Law and Practice of Arbitration - Fifth Edition
Author: Thomas E. CarbonneauPublisher: Juris Publishing, Inc.
ISBN: 1937518361
Category : Arbitration and award
Languages : en
Pages : 731
Book Description
The Law and Practice of Arbitration is a comprehensive treatise about the development and practice of arbitration law in the United States. It addresses in detail the recourse to arbitration in domestic matters -- employment, labor, consumer transactions, and business -- and its use in the resolution of international commercial claims. It covers all of the major subject areas in the field and provides practical advice as well as an easy-to-read, clear discussion of the relevant case law. It represents a masterful synthesis of the entire body of arbitration law. It discusses basic concepts and doctrines, the FAA, freedom of contract in arbitration, arbitrability, the enforcement of awards, the use of arbitration in consumer and employment matters, institutional arbitration, and the drafting of arbitration agreements. It speaks of the federalization of the law and growing judicial objections to the use of adhesionary arbitration agreements in the consumer context, The volume represents the author's continuing in-depth reflection on the practical and systemic consequences of United States Supreme Court's decisional law on arbitration -- a process that is instrumental to the operation of the United States legal system as well as international business. The work continues its tradition of being the best statement on U.S. arbitration law and practice. The Law and Practice of Arbitration is a handy reference for all who have an interest in arbitration law and practice. The new Fifth Edition of Carbonneau’s treatise is built upon a comprehensive update of the federal circuit and U.S. Supreme Court cases on arbitration. The Introduction has been rewritten to take into account AT & T Mobility v. Concepcion and the American Express Merchants’ Litigation in the development of U.S. arbitration law. These decisions represent landmark USSC pronouncements on adhesive arbitration. The Introduction also contains a new section on the foundational legitimacy of arbitration in the U.S. legal system. The two landmark decisions are also incorporated into the text of Chapter 8 on the topic of adhesive arbitration. Chapter 9 on the award enforcement assesses the standing of Stolt-Nielsen in light of the Court’s recent decision in Sutter, asking whether this re-evaluation might be a de facto reversal of the earlier and highly unusual opinion. The assessment takes into account Justice Alito’s concurring opinion in Sutter. Chapter 10 on International Commercial Arbitration has undergone substantial rewriting and makes its various points more lucidly and effectively. This is also true of chapters 2, 3, and 5. Many footnotes have been perfected in form and content. The per curiam opinions---KPMG LLP v. Cocchi, Marmet Health Care v. Brown, and Nitro-Lift v. Howard---are all integrated into the text and fully assessed. The USSC’s decision in CompuCredit v. Greenwood is evaluated for its significance on the issue of Congressional intent to preclude arbitration. There are updates on how the courts define arbitration, the waiver of the right to arbitrate (in particular, the Ninth Circuit opinion in Richards v. Ernst & Young), the enforcement of arbitration agreement, with emphasis upon the curious Third Circuit decision on the matter in Guidotti, the latest adherents to the ill-conceived RUAA, the Ninth Circuit’s favorable response to AT&T Mobilty in Mortensen and Murphy, and an assessment of recent developments on the judicial imposition of penalties for frivolous vacatur actions. The treatise continues to be a highly contemporary and complete statement on the law of arbitration.