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Author: George A. Bermann Publisher: Pocket Books of the Hague Acad ISBN: 9789004348257 Category : Law Languages : en Pages : 644
Book Description
No field of legal scholarship or practice operates in the world of private international law as continuously and pervasively as does international arbitration, commercial and investment alike. Arbitration's dependence on private international law manifests itself throughout the life-cycle of arbitration, from the crafting of an enforceable arbitration agreement, through the entire arbitral process, to the time an award comes before a national court for annulment or for recognition and enforcement. Thus international arbitration provides both arbitral tribunals and courts with constant challenges. Courts may come to the task already equipped with longstanding private international law assumptions, but international arbitrators must largely find their own way through the private international law thicket. Arbitrators and courts take guidance in their private international law inquiries from multiple sources: party agreement, institutional rules, treaties, the national law of competing jurisdictions and an abundance of "soft law," some of which may even be regarded as expressing an international standard. In a world of this sort, private international law resourcefulness is fundamental.
Author: George A. Bermann Publisher: Pocket Books of the Hague Acad ISBN: 9789004348257 Category : Law Languages : en Pages : 644
Book Description
No field of legal scholarship or practice operates in the world of private international law as continuously and pervasively as does international arbitration, commercial and investment alike. Arbitration's dependence on private international law manifests itself throughout the life-cycle of arbitration, from the crafting of an enforceable arbitration agreement, through the entire arbitral process, to the time an award comes before a national court for annulment or for recognition and enforcement. Thus international arbitration provides both arbitral tribunals and courts with constant challenges. Courts may come to the task already equipped with longstanding private international law assumptions, but international arbitrators must largely find their own way through the private international law thicket. Arbitrators and courts take guidance in their private international law inquiries from multiple sources: party agreement, institutional rules, treaties, the national law of competing jurisdictions and an abundance of "soft law," some of which may even be regarded as expressing an international standard. In a world of this sort, private international law resourcefulness is fundamental.
Author: Thomas Schultz Publisher: Oxford University Press ISBN: 0192515977 Category : Law Languages : en Pages : 1008
Book Description
This Handbook brings together many of the key scholars and leading practitioners in international arbitration, to present and examine cutting-edge knowledge in the field. Innovative in its breadth of coverage, chapter-topics range from the practicalities of how arbitration works, to big picture discussions of the actors involved and the values that underpin it. The book includes critical analysis of some of international arbitrations most controversial aspects, whilst providing a nuanced account overall that allows readers to draw their own informed conclusions. The book is divided into six parts, after an introduction discussing the formation of knowledge in the field. Part I provides an overview of the key legal notions needed to understand how international arbitration technically works, such as the relation between arbitration and law, the power of arbitral tribunals to make decisions, the appointment of arbitrators, and the role of public policy. Part II focuses on key actors in international arbitration, such as arbitrators, parties choosing arbitrators, and civil society. Part III examines the central values at stake in the field, including efficiency, legal certainty, and constitutional ideals. Part IV discusses intellectual paradigms structuring the thinking in and about international arbitration, such as the idea of autonomous transnational legal orders and conflicts of law. Part V presents the empirical evidence we currently have about the operations and effects of both commercial and investment arbitration. Finally, Part VI provides different disciplinary perspectives on international arbitration, including historical, sociological, literary, economic, and psychological accounts.
Author: Georgios Petrochilos Publisher: Oxford University Press, USA ISBN: Category : Law Languages : en Pages : 592
Book Description
This book comprehensively analyses the relevant legislative practice of all major arbitration venues in the world, as well as the arbitral practice of a number of arbitral institutions. The book proposes an analytical model for the determination of the procedural law of international arbitration, as well as a number of 'model' legislative provisions of substantive and private international law.
Author: Aron Broches Publisher: Martinus Nijhoff Publishers ISBN: 9780792329060 Category : Political Science Languages : en Pages : 568
Book Description
Aron Broches is a Dutch international lawyer and official. He was present at the Bretton Woods Monetary and Financial Conference in 1944 and he started work at the World Bank in 1946, where he stayed for over 30 years. While there he created the mechanisms for the settlement of disputes between States and foreign investors leading to the formation of the International Centre for Settlement of Investment Disputes (ICSID) in 1967.
Author: Franco Ferrari Publisher: Edward Elgar Publishing ISBN: 1789906903 Category : Law Languages : en Pages : 517
Book Description
Is Private International Law (PIL) still fit to serve its function in today’s global environment? In light of some calls for radical changes to its very foundations, this timely book investigates the ability of PIL to handle contemporary and international problems, and inspires genuine debate on the future of the field.
Author: Stacie Strong Publisher: Oxford University Press, USA ISBN: 9780199238309 Category : Law Languages : en Pages : 0
Book Description
Exponential growth in international commercial arbitration sources, as well as their diversity and international nature can leave those interested in this area confused. This is a practical and portable guide to the strategies, as well as the sources, associated with researching international commercial arbitration.
Author: Julian D. M. Lew Publisher: Kluwer Law International B.V. ISBN: 9041115684 Category : Law Languages : en Pages : 994
Book Description
This treatise describes the practice of international commercial arbitration with reference to the major international treaties and instruments, arbitration rules and national laws. It provides an analysis of the interaction between party autonomy and arbitration practice.
Author: Laurence Shore Publisher: Kluwer Law International B.V. ISBN: 9041190813 Category : Law Languages : en Pages : 794
Book Description
International Arbitration in the United States is a comprehensive analysis of international arbitration law and practice in the United States (U.S.). Choosing an arbitration seat in the U.S. is a common choice among parties to international commercial agreements or treaties. However, the complexities of arbitrating in a federal system, and the continuing development of U.S. arbitration law and practice, can be daunting to even experienced arbitrators. This book, the first of its kind, provides parties opting for “private justice” with vital judicial reassurance on U.S. courts’ highly supportive posture in enforcing awards and its pronounced reluctance to intervene in the arbitral process. With a nationwide treatment describing both the default forum under federal arbitration law and the array of options to which parties may agree in state courts under state international arbitration statutes, this book covers aspects of U.S. arbitration law and practice as the following: .institutions and institutional rules that practitioners typically use; .ethical considerations; .costs and fees; .provisional measures; and .confidentiality. There are also chapters on arbitration in specialized areas such as class actions, securities, construction, insurance, and intellectual property.
Author: Geert van Calster Publisher: Bloomsbury Publishing ISBN: 1509942084 Category : Law Languages : en Pages : 531
Book Description
This classic textbook provides a thorough overview of European private international law. It is essential reading for private international law students who need to study the European perspective in order to fully get to grips the subject. Opening with foundational questions, it clearly explains the subject's central tenets: the Brussels I, Rome I and Rome II Regulations (jurisdiction, applicable law for contracts and tort). Additional chapters explore the Succession Regulation, private international law and insolvency, freedom of establishment, and the impact of PIL on corporate social responsibility. The new edition includes a new chapter on the Hague instruments and an opening discussion on the impact of Brexit. Drawing on the author's rich experience, the new edition retains the book's hallmarks of insight and clarity of expression ensuring it maintains its position as the leading textbook in the field.
Author: Zheng Sophia Tang Publisher: Routledge ISBN: 113601344X Category : Law Languages : en Pages : 312
Book Description
Arbitration and jurisdiction agreements are frequently used in transnational commercial contracts to reduce risk, gain efficacy and acquire certainty and predictability. Because of the similarities between these two types of procedural autonomy agreements, they are often treated in a similar way by courts and practitioners. This book offers a comprehensive study of the prerequisites, effectiveness, and enforcement of exclusive jurisdiction and arbitration agreements in international dispute resolution. It examines whether jurisdiction and arbitration clauses have identical effects in private international law and whether they have been or should be given the same treatment by most countries in the world. By comparing the treatment of these clauses in the US, China, UK and EU, Zheng Sophia Tang demonstrates how, in practice, exclusive jurisdiction and arbitration agreements are enforced. The book considers whether the Hague Convention on Choice of Court Agreements could be treated as a litigating counterpart to the New York Convention, and whether it could work successfully to facilitate judicial cooperation and party autonomy in international commerce. This book breaks new ground in combining updated materials in EU, US and UK law with unique resources on Chinese law and practice. It will be valuable for academics and practitioners working in the field of private international law and international arbitration.
Author: George A. Bermann
Author: George A. Bermann
Author: Thomas Schultz
Author: Georgios Petrochilos
Author: Aron Broches
Author: Franco Ferrari
Author: Stacie Strong
Author: Julian D. M. Lew
Author: Laurence Shore
Author: Geert van Calster
Author: Zheng Sophia Tang