England is a leading centre for arbitration, both international and domestic, arising out of all manner of contractual disputes and industry sectors. This book comprises contributions from well-known arbitration practitioners and scholars who present, in a straightforward and readable fashion, the rich and varied nature of arbitration in England today. The early chapters describe the development of the arbitral system in England and its traditional leading institutions, the London Court of International Arbitration (LCIA) and the Chartered Institute of Arbitrators (CIArb). They also provide a unique focus on the specialist areas of commodity, maritime, construction and sports arbitration. The remainder of the book deals with the law and practice of arbitration in England and concludes with two additional overview chapters relating to arbitration in Scotland and the Republic of Ireland respectively. Insightful and practical guidance is given in relation to a number of key areas, including: appointing and challenging arbitrators; applicable law and the influence of EU law; the role of the court, including anti-suit and anti-arbitration injunctions and interim relief; arbitration procedure and practice in ad hoc and institutional arbitrations; factual and expert evidence, including privilege and electronic document production; challenges to, and appeals from, awards; recognition and enforcement of awards; and multilateral and bilateral investment treaty arbitration. Anyone whose pursuits or responsibilities require knowledge of arbitration in England - including practitioners, in-house counsel, business persons, academics, and students around the world - will benefit enormously from this thorough study and analysis of contemporary arbitration practice in the jurisdiction.
Securing fast, inexpensive, and enforceable redress is vital for the development of international commerce. In a changing international commercial dispute resolution landscape, the combined use of mediation and arbitration has emerged as a dispute resolution approach which offers these benefits. However, to date there has been little agreement on several aspects of the combined use of processes, which the literature often explains by reference to the practitioner’s legal culture, and there is debate as to how appropriate it is for the same neutral to conduct both mediation and arbitration. Identifying the main ways of addressing concerns associated with the same neutral conducting both mediation and arbitration (same neutral (arb)-med-arb), this book examines how effectively these methods achieve the goal of fast, inexpensive, and enforceable dispute resolution, evaluating to what extent the perception and use of the same neutral (arb)-med-arb depends on the practitioner’s legal culture, arguing that this is not a ‘one-size-fits-all’ process. Presenting an empirical study of the combined use of mediation and arbitration in international commercial dispute resolution, this book synthesises existing ways of addressing concerns associated with the same neutral (arb)-med-arb to provide recommendations on how to enhance the use of combinations in the future.
Neil Andrews presents the first comprehensive examination of the English system of civil justice, embracing not only court proceedings but mediation and arbitration. He provides an up-to-date account of recent changes within the English system of civil justice writing in a succinct and accessible style.He explains the main institutions of civil litigation before the English courts, but notes the limitations and problems of court litigation, despite reforms to this formal and public system of adjudication. Many business and consumer disputes are now resolved by settlement negotiations, notably by resort to mediation. There has also been a resurgence of interest in arbitration.Neil Andrews' quest for more satisfactory means of handling disputes is driven by various factors: the high cost of formal litigation; disputants' preference for confidentiality, control, speediness, and flexibility of outcome and Government's interest in economy. Furthermore, he states that English courts are keen to encourage resort to alternative forms of civil justice, notably mediation. Legal advisors, not just in England, are now familiar with the possibility that a dispute might proceed through various 'tiers': settlement discussions, mediated discussion, arbitration or court proceedings. These developments are part of a modern trend in many Western legal systems to reduce the problem of excessive and expensive resort to court proceedings.
The international community can creatively and aggressively address deadly conflict through mediation, arbitration, and the development of international institutions to promote reconciliation. The editors of this book designed a systematic framework with which contributors compare third party intervention in twelve conflicts of the postDCold War period. They examine the role of international organizations_the United Nations, international development banks, and international law institutions_and they analyze the tools and forms of leverage in successful and unsuccessful mediations. Based on the case studies, the editors identify the most effective institutions, make recommendations for improving interventions, and elucidate several important insights into the mediation process and the role of the international community in dispute resolution.
Business & Economics by Great Britain: Parliament: House of Lords: Select Committee on Economic Affairs
Author: Great Britain: Parliament: House of Lords: Select Committee on Economic Affairs
Publisher: The Stationery Office
Category: Business & Economics
The report The Economic Implications for the United Kingdom of Scottish Independence (HL 152) examines the effects on the United Kingdom economy should the Scottish people vote in favor of independence in 2014, creating an independent Scottish state. The decision the Scots will have to make is not a simple one. It will have far-reaching constitutional, political and social, as well as economic consequences. This report considers a number of economic aspects of separation, including: impact on the single market in the UK; international investment in Scotland; location implications for medium and small companies; Scotland's currency; the role of the Bank of England if Scottish financial institutions needed emergency support; regulation of Scottish financial institutions; division of assets and liabilities; underlying fiscal position of Scotland post-indepen
This is the only publication to focus on transatlantic disputes involving England and the United States. Despite their common legal heritage, there are fundamental differences between the processes of dispute resolution in each of the two countries. This work elucidates those differences so that those engaged in transatlantic business understand in advance the risks of litigation in the other country. Each chapter is co-written by an English attorney and a United States lawyer, ensuring that legal and practical considerations are addressed from both perspectives. This essential desktop reference answers such questions as: · In what circumstances can a party be subject to jurisdiction in England or the United States? · If a dispute is being litigated in the courts of one country, but evidence is located in another, what are the procedures for obtaining evidence for use in the foreign court? · How can one enforce a judgment obtained in England in the United States, and vice versa? · What strategies can a party use in the event of parallel proceedings in both England and the United States?
This new volume comprehensively examines the law & practice of international commercial arbitration. Among other things, this book provides detailed analysis of: Drafting & interpreting international arbitration agreements Enforcing international arbitration agreements in US courts The non-arbitrability doctrine Conduct of arbitration proceedings Discovery in arbitration Provisional Measures in aid of arbitration Choice of law in international arbitration New York Convention & Inter-American Convention Enforcing & challenging international arbitration awards in US courts The volume includes analysis & comparison of principal provisions of ICC, AAA International, UNCITRAL & LCIA rules. It also considers in detail the New York Convention, the Federal Arbitration Act, & the role of US courts in the international arbitral process. Augmenting the commentary are up-to-date appendices of leading institutional rules, arbitration statutes (including the Federal Arbitration Act, the Swiss Law on Private International Law & the UNCITRAL Model Law), the New York & Inter-American Arbitration Conventions, & other important materials. This book is a companion volume to 'International Civil Litigation in United States Courts' (2nd edition, 1992).