Towards A Uniform International Arbitration Law

Author: Emmanuel Gaillard
Publisher: Juris Publishing, Inc.
ISBN: 1929446675
Size: 64.49 MB
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Towards A Uniform International Arbitration Law from the Author: Emmanuel Gaillard. The growing acceptance of the concept of transnational rules, be they substantive or procedural, has directly contributed to a substantial decrease of the influence of local norms. Transnational principles often override domestic law, and the arbitral process sometimes takes precedence over court decisions. Moreover, the exceptional development of investment arbitration has called into question traditional values of commercial arbitration such as confidentiality and the privity of arbitral proceedings. Widespread publication of awards rendered has also rejuvenated the debate on the value of arbitral awards as precedents. This book critically explores the extent to which these phenomena contribute to the creation of a truly uniform international arbitration law.

The New York Arbitration Convention Of 1958

Author: A. J. van den Berg
Publisher: Kluwer Law International
ISBN: 9789065440358
Size: 34.64 MB
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The New York Arbitration Convention Of 1958 from the Author: A. J. van den Berg. The New York Arbitration Convention of 1958 is the cornerstone of international commercial arbitration. Although judicial interpretation of the Convention has proceeded since the publication of Albert Jan van den Berg's classic commentary, his extraordinarily thorough analysis remains the preeminent work on the application and enforcement aspects of the Convention. Setting out to repair what van den Berg calls "an undesirable degree of uncertainty" in judicial interpretation of the Convention, his analysis takes a comparative approach to relevant court decisions in the contracting states. For each of three main subject areas - the field of application, enforcement of the agreement, and enforcement of the award - he examines the various issues, explaining the relevant Convention provisions and analyzing and comparing the relevant court decisions. For issues on which a consensus is lacking, he offers an analysis leading to a single valid interpretation. Many of these interpretations have become virtually settled in current practice. In addition to case law, the author takes into account the legislative history of the 1958 Conference and the provisions of earlier arbitration conventions. This is a true classic in the sense that its immediate usefulness has never flagged over the nearly three decades of its availability. Arbitrators and judges everywhere have leaned on it, and continue to lean on it, for the depth and clarity of its understanding of the law of international commercial arbitration. While it is a standard academic work in the field, its proven great practical value to jurists and practitioners persists.

Confidentiality In International Commercial Arbitration

Author: Kyriaki Noussia
Publisher: Springer Science & Business Media
ISBN: 9783642102240
Size: 71.93 MB
Format: PDF, Kindle
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Confidentiality In International Commercial Arbitration from the Author: Kyriaki Noussia. 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.

Bias Challenges In International Commercial Arbitration

Author: Sam Luttrell
Publisher: Kluwer Law International
ISBN: 9041131914
Size: 79.90 MB
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Bias Challenges In International Commercial Arbitration from the Author: Sam Luttrell. Shows how 'dirty' challenge tactics are made viable primarily by the prevalence of a judicially derived test for bias which focuses on appearances, rather than facts and He argues that the most commonly used test of bias, the 'reasonable apprehension' test, makes it easy to allege a lack of impartiality and independence.

Arbitration And Mediation In International Business

Author: Christian BĂĽhring-Uhle
Publisher: Kluwer Law International
ISBN: 9041122567
Size: 69.71 MB
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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.

International Economic Arbitration

Author: Klaus Peter Berger
Publisher: Kluwer Law International
Size: 39.22 MB
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International Economic Arbitration from the Author: Klaus Peter Berger. This book provides the international practitioner with detailed information on the status quo of international arbitration law. The analysis of domestic arbitration laws together with a view of other major arbitration laws and arbitration rules, will lead you to a complete picture of comtemporary arbitral practice.

Carbonneau On International Arbitration

Author: Thomas E. Carbonneau
Publisher: Juris Publishing, Inc.
ISBN: 1933833343
Size: 25.56 MB
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Carbonneau On International Arbitration from the Author: Thomas E. Carbonneau. The chapters of this volume represent the majority of Professor Carbonneau’s scholarly writings on the subject of international commercial arbitration. They reflect his interest over the course of thirty years of law-teaching in international litigation, comparative law, and-of course - international arbitration. Some of the chapters are of a recent vintage, while others were written a decade or two ago. Whatever their date of production, the chapters have a continuing professional interest. Each addresses some of the major issues of trans-border arbitration law. A number of chapters emphasize the importance of courts in developing and maintaining a legal culture that is hospitable to arbitration. The work of the courts has been instrumental to the reception of arbitration in the United States and in several European jurisdictions. The courts can “make or break” arbitration by upholding arbitration agreements and enforcing arbitral awards. Other chapters underscore that arbitration can operate as a complete legal system. It not only provides workable trial procedures, but arbitrators can also create law in their rulings. With the addition of an internal arbitral appellate mechanism, arbitrations can function with almost absolute independence. The world law on arbitrations seems to favor the “a-national” and “a-juridical” operation of the arbitral process. A few of the chapters recognize that arbitration is being increasingly employed to resolve political or mixed political and commercial disputes. Investment arbitration and BITs are the most recent expression of this development; it had been apparent in WTO and NAFTA dispute resolution. The Iran-U.S. Claims Tribunal presented the first great occasion for assessing the vocation of arbitration in a mixed dispute situation. While arbitration has made significant inroads in this area, political sovereignty remains resistant to the imposition of limitations. In many less visible “political” cases, determinations are nonetheless made and rendered enforceable. The concluding chapters address more specific developments in the field of ICA. A number of cases point to the strong, perhaps overweening, support of the judiciary for arbitration. The courts in some jurisdictions support arbitration unequivocally and are bent upon a single outcome no matter the impact on doctrine. Lawyer presence in the arbitral process has lead to increased formalization in some proceedings. The “judicialization” of arbitration tilts the process toward the protection of rights and hinders its ability to function effectively and reach finality. Lawyers can readily misunderstand and undermine the gravamen of arbitration. The concluding chapters also establish that the UK Arbitration Act 1996 is one of the world’s outstanding arbitration statutes. It rivals and bests the UNCITRAL Model Law on ICA and is the equal of the French codified law on arbitration. Finally, the express text of the New York Arbitration Convention appears to have been altered significantly by court practice. The possible limitations of national law have been neutralized and the provisions of the Convention articulate a truly trans-border regulation of the enforcement of awards. In sum, the chapters in this book reflect the author's lifetime work in the area of international arbitration and are required reading for all those practicing in the field- law students, arbitrators, academics and practicing lawyers.

Economic Law As An Economic Good

Author: Karl Matthias Meessen
Publisher: sellier. european law publ.
ISBN: 3866531168
Size: 38.87 MB
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Economic Law As An Economic Good from the Author: Karl Matthias Meessen. Governments, or at least the clever ones among them, are aware of the factors guiding business activities. In the course of adopting and enforcing economic legislation, they seek to attract business activities in order to increase national income (and fiscal revenues), generate employment opportunities, and, very generally, please voters. Hence economic law may be considered an economic good, as suggested by the title of this book. That function, which most rules of economic law have in the competition of systems, was strengthened by the worldwide liberalization of trade. Today, it is of greater significance than ever before. Lawyers, economists, academics, and practitioners, from inside and outside Germany, have taken a look at the facts and have discussed approaches to conceptualizing them. The resulting 30 essays, collected in this volume, contribute to the interpretation of existing, and the making of new, economic law.

The Forces Of Economic Globalization

Author: Katherine L. Lynch
Publisher: Kluwer Law International
ISBN: 9041119949
Size: 69.45 MB
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The Forces Of Economic Globalization from the Author: Katherine L. Lynch. Increased economic interdependencies and trade flows between states, innovations in information technology and computer networks, a global shift toward market economies and regional and multilateral trade arrangements, have all led to an increasingly globalized world economy. The Forces of Economic Globalization: Challenges to the Regime of International Commercial Arbitration examines some of the challenges facing the regime of international commercial arbitration in the contemporary global economy. It considers the debates concerning the transformation of the global order and the role of nation states within the context of international commercial arbitration. Issues discussed include the transformative effect of economic globalization, the role of the epistemic community and the increased institutionalization within the international arbitral regime, the nationalization of international commercial arbitration and the denationalization and harmonization trends, the competitive nature of legislative reform, convergence and divergence in the international arbitral process, multilateralism and regionalism, market modernization and transnationalism, globalization and lex mercatoria, and the development of online arbitration schemes in cyberspace. This book seeks to analyze the inner penetration of a form of world polity or transnational order Âż comprised of part epistemic community, institutional networks, national laws and multilateral conventions, norms, rules, principles and transnational ideology Âż on the traditional notion of state sovereignty within the international arbitral regime. The book will interest practitioners and academics with an interest in international commercial arbitration.