Injunctive Relief And International Arbitration

Author: Hakeem Seriki
Publisher: CRC Press
ISBN: 1317685040
Size: 61.62 MB
Format: PDF, ePub
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Injunctive Relief And International Arbitration from the Author: Hakeem Seriki. This book explores from an English law and Institutional perspective the various types of injunctive relief that are available to a party before and during arbitral proceedings. In particular, this book examines the basis of the power of English Courts to grant such injunctions and explains when such injunctions will be granted. It considers any limitations attached to such injunctions and the relationship between section 44 of the Arbitration Act 1996 and section 37 of the Senior Courts Act 1981. It also provides an in-depth analysis of case law and the emerging trends in this area of arbitration, as well as the powers of arbitrators under the ICC and LCIA Rules to grant such relief and other remedies that might be available to a party seeking to uphold an arbitration agreement. This book will be a vital reference tool for practitioners, arbitrators and postgraduate students.

Anti Suit Injunctions In International Arbitration

Author: Emmanuel Gaillard
Publisher: Juris Publishing, Inc.
ISBN: 1929446608
Size: 52.21 MB
Format: PDF, Mobi
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Anti Suit Injunctions In International Arbitration from the Author: Emmanuel Gaillard. IAI Series No. 2 The International Arbitration Institute (IAI) series on international arbitration is a new periodic series of publications that will focus on cutting edge issues and developments in international arbitration. About the IAI: The International Arbitration Institute (IAI), an organization created under the auspices of the Comité Français de ľ Arbitrage (CFA), was created to promote exchanges in international arbitration. The IAI is designed to promote exchanges on current issues in the field of international commercial arbitration. Its activities include the regular organization of international conferences, colloquiums, as well as conducting various research projects. About the Book: Anti-suit injunctions are a device, originally found in common law countries, whereby a court - which retains its jurisdiction or anticipates to do so and which seeks to protect that jurisdiction or, more generally, the jurisdiction of the forum it deems to be the most appropriate - orders a party to refrain from bringing a claim before the courts of another State or before an arbitral tribunal or, if the party has already brought such a claim, orders that party to withdraw from, or the arbitrators to suspend, the proceedings. In the past few years, the use of anti-suit injunctions in the context of international arbitration has been spreading at a disturbing pace. The courts of many common law countries but also those of civil law tradition frequently resort to this device at a party's request, in order to disrupt the arbitration process or resist the enforcement of the award. How best to resolve those conflicts arising as a result of national courts' differing perspectives on the validity and scope of certain arbitration agreements? Are anti-suit injunctions in conformity with the requirements of public international law? When the courts of certain States enjoin a party to refrain from proceeding with an arbitration, should other courts enjoin them not to enjoin, or should they, like the U.S. Court of Appeal for the 5th Circuit in the Pertamina case, exercise a commandable "self-restriction"? These are just a few of the issues addressed in Anti-Suit Injunctions in International Arbitration.

Contemporary Issues In International Arbitration And Mediation

Author: Arthur W. Rovine
Publisher: BRILL
ISBN: 9004167382
Size: 25.85 MB
Format: PDF, Docs
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Contemporary Issues In International Arbitration And Mediation from the Author: Arthur W. Rovine. The 2007 volume of Contemporary Issues in International Arbitration and Mediation - The Fordham Papers is a collection of important works in international arbitration and mediation written by the prominent speakers at the 2007 Fordham Law School Conference on International Arbitration and Mediation. The 24 papers are organized into the following five parts:Part I: Investor-State ArbitrationPart II: Conduct of International Arbitration and Jurisdictional IssuesPart III: Remedies and DefensesPart IV: Ethics Issues in International ArbitrationPart V: Mediation

Injunctive Relief

Author: Kirstin Stoll-DeBell
Publisher: American Bar Association
ISBN: 9781604424027
Size: 30.26 MB
Format: PDF
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Injunctive Relief from the Author: Kirstin Stoll-DeBell. The injunction is an exceptionally potent remedy, the grant or denial of which often leads to a cascade of serious consequences. This comprehensive and practical guide to injunctive relief covers all issues that are relevant to these types of motions from pre-filing considerations to appellate relief. The book also includes time-saving checklists, flowcharts to help practitioners decide whether to file such motions and statistics relating to how often these motions are granted/denied.

International Arbitration Checklists Second Edition

Author: Grant Hanessian
Publisher: Juris Publishing, Inc.
ISBN: 1933833211
Size: 10.32 MB
Format: PDF, Kindle
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International Arbitration Checklists Second Edition from the Author: Grant Hanessian. Baker & McKenzie, has one of the world's largest and most successful international arbitration practices. This book, written by members of the International Dispute Resolution Practice Group of Baker & McKenzie and others, provides a practical, experience-based guide to international arbitration. Each chapter begins with a "checklist" of issues to be considered at each stage of arbitration. Topics include drafting arbitration clauses, commencement of the case, staying court proceedings, compelling arbitration, selection of the tribunal, provisional relief, conduct of hearings and enforcement of awards, among many others. Law and practice in each of the world's major arbitration centers is discussed. Appendices provide ready access to arbitration treaties, statutes and rules. This book will be a standard reference for in-house counsel and outside practitioners.

International Construction Arbitration Law

Author: Jane Jenkins
Publisher: Kluwer Law International
ISBN: 9041123415
Size: 80.36 MB
Format: PDF, Kindle
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International Construction Arbitration Law from the Author: Jane Jenkins. International Construction Arbitration Law is a practical guide to dispute resolution under construction contracts. The authors consider the full range of available dispute resolution methods, including: and• mediation, and• conciliation, and and• determination by dispute review board or expert panel, before focusing specifically on arbitration. The book looks briefly at all aspects of arbitration, from commencement of proceedings, through preparation and collection of the evidence necessary in complex construction cases, to common procedural issues, the conduct of the hearing and the effect of the award. It also provides guidance on the effective administration of construction contracts and claims management, as well as partnering and alliancing techniques that may avoid the need for recourse to formal dispute resolution. In keeping with its practical focus, the book includes checklists and executive summaries of key points, as well as extracts from relevant institutional rules and other supporting materials.

Arbitration And Mediation In International Business

Author: Christian BĂĽhring-Uhle
Publisher: Kluwer Law International
ISBN: 9041122567
Size: 20.19 MB
Format: PDF, Docs
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Arbitration And Mediation In International Business from the Author: Christian BĂĽhring-Uhle. This greatly updated and expanded version of a 1996 classic - in its time, the first major study on the practice of international business dispute resolution - is a new book in itself. Benefitting from a comprehensive empirical survey of new trends in the field, and from discussions of the newest tools for making settlement negotiations more effective, the second edition is a "must have" resource for anyone dealing with a potential conflict in international business relationships. The authors' analysis is rooted in the experience of over 100 top practitioners from 17 countries, distilling the conduct of over 3000 international commercial arbitrations and mediations. The book's in-depth coverage includes such key considerations as the following: process, legal framework, and transaction costs of international commercial arbitrations; practical techniques to integrate mediation and arbitration in international business; conflict and negotiation theory as a conceptual basis for mediation and other alternative dispute resolution techniques; guidelines for the design of procedures for effective conflict management in international business; and statements and recommendations of numerous practitioners made during personal interviews. An abundance of illustrative graphs, tables and practical checklists enhances the presentation throughout.