Comparative Study of American Legislation Governing Commercial Arbitration PDF Download

Author: Vicente Vita
Publisher:
ISBN:
Category : Arbitration and award
Languages : en
Pages : 84

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Author: Inter-American High Commission
Publisher:
ISBN:
Category : Arbitration and award
Languages : en
Pages : 80

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Book Description

Author: Inter-American High Commission
Publisher:
ISBN:
Category : Arbitration and award
Languages : en
Pages : 59

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Book Description

Author: Vicente Vita
Publisher:
ISBN:
Category :
Languages : en
Pages : 59

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Book Description

Author: Kyriaki Noussia
Publisher: Springer Science & Business Media
ISBN: 3642102247
Category : Law
Languages : en
Pages : 209

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Book Description
Arbitration is an essential component in business. In an age when transparency is a maxim, important issues which the laws governing arbitration currently fail to address are the extent to which disclosure of information can be constrained by private agreement along with the extent to which the duty to preserve confidentiality can be stretched. Absent a coherent legal framework and extensive qualitative and quantitative data, it is equally difficult to suggest and predict future directions. This book offers a tool for attaining centralised access to otherwise fragmentary and dispersed material, as well as a comprehensive analysis and detailed exposition of the position in relation to confidentiality in arbitration in the jurisdictions of England, USA, France and Germany.

Author: John Newbold Hazard
Publisher:
ISBN:
Category : Comparative law
Languages : en
Pages : 558

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Author: V. Vita
Publisher:
ISBN:
Category :
Languages : en
Pages : 59

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Book Description

Author: Giacomo Marchisio
Publisher: Kluwer Law International B.V.
ISBN: 9041183922
Category : Law
Languages : en
Pages : 285

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Book Description
International commercial arbitration relies extensively on the possibility of enforcing arbitral decisions against recalcitrant parties. Because courts and arbitration laws across the world take contrasting approaches to the definition of awards, such enforcement can be problematic, especially in the context of awards by consent, and the recent development known as ‘emergency arbitration’. In this timely and ground-breaking book, a young arbitration scholar takes us through the difficulties of defining the notion of arbitral award with a rare combination of theoretical awareness and attention to the procedural requirements of arbitral practice. In a framework using a comparative analysis of common law and civil law jurisdictions (specifically, England and France) and how each has regulated in different ways the equilibria between state justice and arbitral justice – and comparing each with the UNCITRAL Model Law – the book addresses such issues as the following: - the ‘judicialization’ of arbitration; - different models of arbitral adjudication and their impact on the notion of award; - what an award needs to contain to be enforceable; - awards on competence; - awards by consent; and - awards ante causam. The author employs a methodology that views arbitration as providing an institution for administering justice rather than as a purely contractual creature. To this end, rules of arbitral institutions (particularly the International Chamber of Commerce) are examined closely for their implications on what an award means. As a fresh look at the arbitral award by placing it in a broader context than is usually found, this book allows for a greater understanding of the functioning of international commercial arbitration. It is sure to become an international reference, and as such will be welcomed by arbitrators, practitioners at global law firms, companies doing transnational business, interested academics, and international arbitration centres in emerging markets.

Author: Franco Ferrari
Publisher: Edward Elgar Publishing
ISBN: 1800882793
Category : Law
Languages : en
Pages : 288

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Book Description
This indispensable book offers a concise comparative introduction to international commercial arbitration (ICA). With reference to recent case law from leading jurisdictions and up-to-date rules revisions, International Commercial Arbitration offers a thorough overview of the issues raised in arbitration, from the time of drafting of the arbitration clause to the rendering of the arbitral award and the post-award stage.

Author: Joseph M. Lookofsky
Publisher: Juris Net Llc
ISBN: 9781929446353
Category : Law
Languages : en
Pages : 905

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Book Description
This volume is a case-oriented comparative study of the rules and procedures regulating the resolution of commercial disputes arising in a transnational context. The study compares European and American rules of private, international and procedural law. Each case is introduced both by a paradigm model, emphasising the key operative facts, as well as by a doctrinal presentation of the main issues and sources of American, European and international law concerned. The court decisions are all extensively revised and annotated. The book is designed for use in upper-level courses in American, European and comparative law and should also be of use as a reference to practitioners.