Jurisdictional Problems in International Commercial Arbitration PDF Download

Author: Adam Samuel
Publisher:
ISBN:
Category : Arbitration and award, International
Languages : en
Pages : 344

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Book Description

Author: Franco Ferrari
Publisher: Walter de Gruyter
ISBN: 3866539290
Category : Law
Languages : en
Pages : 481

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Book Description
Irrespective of the increasing harmonization of law at the transnational level, every arbitration raises a number of confl ict of laws problems relating to procedural questions as well as to issues concerning the merits of the case. Unlike a state court judge, the arbitrator has no "lex fori" in the proper sense providing the relevant confl ict rules to determine the applicable law. This raises the question of what confl ict of laws rules to apply and, consequently, of the extent of the freedom the arbitrator enjoys in dealing with this and related issues. The best example of the importance of confl ict of laws questions in arbitration is the Vivendi-Elektrim saga where the outcome of the various proceedings depended on the question of characterization. This very beneficial book is dealing with - the arbitration agreement, - the jurisdiction of the arbitral tribunal, - the law applicable to the merits and - the arbitration procedure.

Author: Peter Binder
Publisher: Kluwer Law International B.V.
ISBN: 904116894X
Category : Law
Languages : en
Pages : 987

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Book Description
International Commercial Arbitration and Mediation in UNCITRAL Model Law Jurisdictions Fourth Edition Dr Peter Binder This new edition of a classic text is so extensively revised and updated as to constitute a new book. It does, however, retain the tried and tested article-by-article structure of the previous three editions: it covers all the information needed when contemplating cross-border arbitration or mediation and enables a practitioner to ascertain what to expect in each jurisdiction. It remains the only book that provides a complete overview of all the adopting jurisdictions (now 111) at one glance, with a description of the legislation in these jurisdictions counterbalanced by court rulings to demonstrate how matters are dealt with in everyday practice. The popular adoption chart matrix unique to this book has been further enhanced and updated. Featuring the first full commentary on the newly released 2018 UNCITRAL Model Law on International Commercial Mediation (including its revolutionary regime for the enforcement of settlement agreements reached by means of mediation) and an update of all case law on UNCITRAL texts (CLOUT) to date, the fourth edition provides explicit expert guidance on such matters as the following: overview of each jurisdiction that has enacted the Model Laws; provisions in a particular national Model Law enactment to be watched out for; how a particular issue dealt with in a Model Law enacting jurisdiction has been handled by local courts; and which jurisdictions can be safely recommended in arbitration or mediation clauses in international commercial agreements. Both of the Model Laws are reproduced in full in an appendix. With an examination of each provision’s legislative history as well as national and subnational adoptions of the Model Laws, this work provides a complete picture of global practice in international arbitration and mediation as it exists today, taking full account of emerging trends in the enactment process and in case law. Business people who agree to arbitrate in one of the 111 recognized Model Law jurisdictions can rely on a secure minimum of rights in the arbitral proceedings and run less risk of being surprised by unwelcome peculiarities of local law. International litigation lawyers, arbitrators, and in-house lawyers who are considering arbitrating or mediating in one of the 111 jurisdictions analysed, academics in international ADR, and national government officials dealing with cross-border trade will benefit enormously from this new edition.

Author: Academie de Droit International de la Haye
Publisher: Springer
ISBN: 9789041116109
Category : Law
Languages : en
Pages : 400

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Book Description
"The objective of this course by M. Grigera Naón is to describe solutions given to choice-of-law problems by international commercial arbitrators. Only ICC arbitration awards will be considered and, accordingly, only rules and practices governing the conduct of ICC arbitrations and influencing choice-of-law determinations by international commercial arbitrators will be taken into account. M. Grigera Naón first of all addresses choice-of-law procedural issues. To this purpose, he examines general questions concerning the jurisdiction of international commercial arbitrators and the scope of their jurisdictional powers, as well as the law governing arbitral proceedings. In the second part of his course, M. Grigera Naón describes the law applicable to the substance of the dispute. He presents the principal trends concerning choice-of-law, as well as the main developments in ICC arbitration rules"--Publisher's description.

Author: Gary Born
Publisher: BRILL
ISBN: 900450222X
Category : Law
Languages : en
Pages : 1171

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Book Description
International Commercial Arbitration contains detailed commentary, case analyses, and practice pointers. Full annotations and footnotes provide invaluable research assistance, while clearly-written analyses identify and discuss critical issues. Representative international arbitral awards and national court decisions are excerpted, and detailed reference is made to leading institutional rules. Detailed appendices, an easy-to-use Table of Contents, and an extensive index to aid research and provide ready access to key materials. Co-publication with Kluwer Law International. North American sales rights only. Published under the Transnational Publishers imprint. For class adoption a student edition is available for

Author: Matti S. Kurkela
Publisher: Oxford University Press
ISBN: 0199703795
Category : Law
Languages : en
Pages : 582

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Book Description
This is the first publication to identify a universal procedural code for international commercial arbitration. This informative and well-argued discussion of a uniform code for due process is a useful aid for both practitioners and scholars. More than just a useful desk reference, this publication uncovers a unifying arbitration principle in light of the diversity of national traditions. The authors demonstrate how this unifying principle might establish a new standard procedure in arbitration law. Guiding the reader through a step-by-step analysis of due process in international commercial arbitration, the book is comprehensive without being esoteric. Due Process in International Commercial Arbitration, Second Edition thus helps both practitioners new to arbitration procedure and experienced attorneys looking for a cutting-edge discussion of due process issues. It can be used as a handbook for lawyers engaged in arbitral disputes. To provide the necessary guidance for lawyers in need of quick, reliable information, authors Matti Kurkela and Santtu Turunen update readers on the numerous changes made to arbitration law since the book's 2005 edition. Even more helpfully, Kurkela and Turunen have added two new chapters to show lawyers what to expect in the midst of an arbitration proceeding: a chapter on procedural rules from the New York Convention and a chapter on jurisdiction arising from sources outside the arbitration agreement. As corporations engage in more globalized commerce, and as arbitrators resolve more international legal disputes, this resource provides both the broad background and the quick reference information necessary to understand the complexities of arbitration procedure. A thorough Table of Contents, Index, and Appendix of primary documents facilitate practitioners' research in this vital book. This new edition's balance of comprehensiveness and concision make it a one-stop resource for arbitration attorneys around the world.

Author: Saprudin Hj. Mohd Sharif
Publisher:
ISBN:
Category :
Languages : en
Pages : 590

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Book Description
The emergence of international commercial arbitration as an important method of resolving disputes reflected wide dissatisfaction with the traditional adjudicative method of resolving disputes. Excessive delays in the judicial system, expense of litigation, inapplicability of national laws to transnational disputes and uncertainty of outcome are some of the maladies associated with litigation. However, in the last twenty years there is an increasing concern over the judicialization of international commercial arbitration characterize by an increasingly legalistic and formality associated with delays and increased costs. It often resembles American style litigation with more procedural complexity and formality similar to litigation in national courts and subject to greater court intervention. International commercial arbitration has also been affected by an increasing modernization of national arbitration legislation in many states including Malaysia. This is due in part to the promulgation in 1985 of the UNCITRAL Model Law. Inevitably, under the national arbitration legislation, national courts at the place of arbitration may exercise supervisory powers over the international commercial arbitration conducted within the jurisdiction. States are also empowered to recognize and enforce the validity of the awards rendered in an international commercial arbitration. National courts may refuse to recognize or enforce the awards at the stage of recognition and enforcement. National courts involvement in the arbitral process therefore posed the biggest challenge to the autonomous nature of international arbitration. Innovations in telecommunications and global computer networks have also allowed for international commercial arbitration to be conducted in 'cyberspace'. This rapid development of 'cyberspace arbitration' or 'online arbitration' poses various jurisdictional and governance challenges for the current regime of international commercial arbitration. It is imperative that the continued recognition and acceptance of international commercial arbitration as a dispute resolution mechanism will ultimately depend on its ability to remain effective. Close scrutiny of the Islamic Law of Arbitration - Tahkim reveals that it can provide solutions to problems encountered in modern international commercial arbitration.

Author: Mark Campbell
Publisher: Edward Elgar Publishing
ISBN: 1802203737
Category : Law
Languages : en
Pages : 185

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Book Description
Taking the UNCITRAL Model Law on International Commercial Arbitration as its basis, this concise and accessible book presents a cutting-edge account of the international arbitral process. Applying a chronological approach, the book will enable readers to gain an understanding of the arbitral process from start to finish.

Author: Neil Kaplan
Publisher: Kluwer Law International B.V.
ISBN: 9041186387
Category : Law
Languages : en
Pages : 442

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Book Description
The distinguished international lawyer Michael Pryles, who launched a meteoric career as an arbitrator after many years of teaching and writing on conflicts of law and other topics, has made a mark on arbitral law and practice that is recognized worldwide. In this book, over forty prominent arbitrators and arbitration scholars offer insightful essays on the thorny matters of jurisdiction, admissibility and choice of law in arbitration – topics which have long interested Professor Pryles and are of wide interest. Among the specific issues and topics examined are the following: • res judicata; • investment arbitration; • free trade agreements; • party autonomy; • application of provisional measures; • issue estoppel; • evidentiary inferences; • interim measures; • emergency and default proceedings; • the intersection of financing and jurisdiction; • consolidation of cases; and • non-contractual claims. Remarkable for its roster of highly distinguished contributors, this book is the only in-depth treatment of its subject. By turns thought-provoking and practical, it is bound to appeal to and be put to use by arbitrators and other lawyers who handle international cases. It will also prove of great value to global law firms and companies doing transnational business.

Author: Mahmood Bagheri
Publisher: Kluwer Law International B.V.
ISBN: 9041198105
Category : Business & Economics
Languages : en
Pages : 314

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Book Description
The growth of national economic regulation and the process of globalisation increasingly expose international transactions to an array of regulations from different jurisdictions. These developments often contribute to widespread international contractual failures when parties claim the incompatibility of their contractual obligations with regulatory laws. The author challenges conventional means of dispute resolution and argues for an interdisciplinary approach whereby disciplines such as international economic law, conflict of laws, contract law and economic regulations are functionally united to resolve international and multifaceted regulatory disputes. He identifies the normative foundation of contract law as an important determinant in this process, contending that contract law is essentially neutral and underpinned by the concept of corrective justice, while economic regulations are mainly prompted by distributive justice. Applying this corrective/distributive justice dichotomy to international contracts, the author critically assesses major conflict of laws approaches such as `proper law', `the Rome Convention' and `governmental interest analysis', which could disregard either public interest or private rights. The author, taking these theories into account, proposes an alternative two-dimensional interest analysis approach. He tests the viability of this approach with reference to arbitral awards and court decisions in various jurisdictions and concludes that it uniquely fits into the structure of international commercial arbitration. In adopting this approach arbitrators would take into account both corrective and distributive justice, and to the extent that corrective justice prevails, would be able to avert a total failure of the contract.