Law

The UNCITRAL Model Law after Twenty-Five Years: Global Perspectives on International Commercial Arbitration

Author: Frédéric Bachand,Fabien Gélinas

Publisher: Juris Publishing, Inc.

ISBN: 1937518248

Category: Law

Page: 380

View: 8938

The UNCITRAL Model Law after Twenty-Five Years: Global Perspectives on International Commercial Arbitration is a celebration of the Model Law’s significant contribution to international arbitration law. It assesses and evaluates the Model Law’s impact on the development of a universal arbitration law for a complex and mobile transnational community of lawyers, judges and arbitrators. Written from the perspective of counsel, arbitrators, legislators and judges, this collection is bold in its coverage of Model Law practice. It considers questions of legislative implementation; pre-award issues such as the review of arbitral jurisdiction and the production of evidence; post-award issues such as judicial review of arbitral awards; interpretation and harmonization methods; and questions of future reform. This is one of the only books on the market that considers the application of the UNCITRAL Model Law in both great depth and breadth, and from multiple perspectives. It provides critical assessments and evaluations of the impact that the Model Law has had after 25 years in various aspects of the arbitral process. The issues covered pertain to both substantive and procedural elements; theoretical and practical; historical and evolutional. The UNCITRAL Model Law after Twenty-Five Years: Global Perspectives on International Commercial Arbitration adopts a comparative approach and covers practice in nearly all Model Law countries and many others. As a seminal critique of the progress that the Model Law has made to date, this collection of articles will be of great benefit to judges, arbitrators, lawyers, academics and anyone interested in the future of international commercial arbitration.
Law

Arbitration and Contract Law

Common Law Perspectives

Author: Neil Andrews

Publisher: Springer

ISBN: 331927144X

Category: Law

Page: 342

View: 9370

This book deals with the contractual platform for arbitration and the application of contractual norms to the parties' dispute. Arbitration and agreement are inter-linked in three respects: (i) the agreement to arbitrate is itself a contract; (ii) there is scope (subject to clear consensual exclusion) in England for monitoring the arbitral tribunal's fidelity and accuracy in applying substantive English contract law; (iii) the subject-matter of the arbitration is nearly always a ‘contractual’ matter. These three elements underlie this work. They appear as Part I (arbitration is founded on agreement), Part II (monitoring accuracy), Part III (synopsis of the English contractual rules frequently encountered within arbitration). The book will be a useful resource to foreign lawyers or English non-lawyers, English lawyers seeking a succinct discussion, and to arbitral tribunals.​
Law

The Three Paths of Justice

Court Proceedings, Arbitration, and Mediation in England

Author: Neil Andrews

Publisher: Springer

ISBN: 3319748327

Category: Law

Page: 344

View: 4023

This revised second edition takes account of developments in the field of dispute resolution, including mediation and arbitration. The book presents a concise account of the English system of civil litigation, covering court proceedings in England and Wales. It is an original and important study of a system which is the historical root of the US litigation system. The volume offers a comprehensive and properly balanced account of the entire range of dispute resolution techniques. As the first (revised) book on this subject to be published in the USA, it enables American lawyers to gain an overview of the main institutions of English Civil Procedure, including mediation and arbitration. It will render the English system of civil justice accessible to law students in the US, practitioners of law, professors, judges, and policy-makers.
Law

The Effect of the 1958 New York Convention on Foreign Arbitral Awards in the Arab Gulf States

Author: Reyadh Mohamed Seyadi

Publisher: Cambridge Scholars Publishing

ISBN: 1527502694

Category: Law

Page: 255

View: 3120

In the second half of the twentieth century, alongside the evolution of the global economy, modern technology, rapid transportation and multinational enterprises, there was an increased demand for a dispute resolution mechanism that met the needs of traders, international trade and economic policy-makers. Arbitration as an alternative dispute resolution has significantly gained in popularity in the Arab Gulf States over the past two decades or so. This is no doubt reason enough to take a closer look at the main theme that defines arbitration in this region. National courts of the Arab Gulf states are invariably seen as not very arbitration friendly, some possibly even hostile to arbitration. Public order, alongside the Islamic legal traditions, is seen as unruly horse that could possibly undermine the development of international commercial arbitration in this region. The contribution in this book will go some way toward dissipating the concerns that are routinely raised about the procedural and practical soundness of arbitration in the Arab Gulf states. In addition, the book serves to place arbitration in the Arab Gulf states in its present legal systems, national laws and courts practices.
Law

The Principles and Practice of International Commercial Arbitration

Third Edition

Author: Margaret L. Moses

Publisher: Cambridge University Press

ISBN: 1108184138

Category: Law

Page: N.A

View: 2631

Arbitration has become the dispute resolution method of choice in international transactions. This book provides the reader with immediate access to understanding the world of international arbitration, explaining how and why arbitration works. It provides the legal and regulatory framework for international arbitration, as well as practical strategies to follow and pitfalls to avoid. It is short and readable, but comprehensive in its coverage of the basic requirements, including the most recent changes in arbitration laws, rules, and guidelines. The third edition includes new sections on state to state arbitration, the role and power of the arbitrator, reform efforts in international investment treaties, transparency in international arbitration and third party funding. In the book, the author includes insights from numerous international arbitrators and counsel, who tell firsthand about their own experiences of arbitration and their views of best practices. Throughout the book, the principles of arbitration are supported and explained by the practice, providing a concrete approach to an important means of resolving disputes.
Law

Handbook on International Commercial Arbitration

Second Edition

Author: Peter Ashford

Publisher: Juris Publishing, Inc.

ISBN: 1937518329

Category: Law

Page: 496

View: 672

This handbook will assist the practitioner, whether lawyer, counsel or arbitrator, in some of the practical minefields of international commercial arbitration. It considers the typical course of an international commercial arbitral proceeding, from deciding what claims may be arbitrated to calculating damages and the contents of an award, giving guidance and sample documents for each step. It also provides an extensive discussion of discovery and the presentation of evidence during hearings. This will work in aid the efficiency of the arbitral process, especially by reducing time and cost. For counsel and arbitrators alike, it provides a convenient reference work for the problems that inevitably arise in the procedural and substantive steps in arbitration. Analyzing the relevant law and rules from a range of jurisdictions and international arbitral institutions, the Handbook is a truly invaluable companion for everyone involved in international commercial arbitration.
Law

Commentary on the UNCITRAL Arbitration Rules 2010: A Practitioner's Guide

Author: Sophie Nappert

Publisher: Juris Publishing, Inc.

ISBN: 1933833858

Category: Law

Page: 222

View: 739

Commentary on the UNCITRAL Arbitration Rules 2010: A Practitioner’s Guide is an article-by-article commentary of the new Rules highlighting policies and reasons for the modifications. The work delves into what lies behind the new UNCITRAL Rules. It is a user-friendly, practical reference guide for everyday use by the busy practitioner. It provides the key points to know about each provision of the new Rules. The appendix provides the full text of the 2010 Rules.
Arbitration and award

The Notion of Award in International Commercial Arbitration

A Comparative Analysis of French Law, English Law, and the UNCITRAL Model Law

Author: Giacomo Marchisio

Publisher: Kluwer Law International

ISBN: 9789041183910

Category: Arbitration and award

Page: 214

View: 1860

About the author: Giacomo Marchisio is Academic Coordinator of the Private Justice and the Rule of Law Research Group at McGill University, Canada and holds a Doctorate in Civil Law (DCL) and an LL.M. in Comparative Law from the same university. He is a member of the International Chamber of Commerce (ICC) Task Force on Emergency Arbitration, of ICC Canada, and Young Canadian Arbitration Practitioners (YCAP). About this book: The Notion of Award in International Commercial Arbitration aims to provide a comprehensive explanation of the notion of arbitral award in international commercial arbitration. International commercial arbitration relies extensively on the possibility of enforcing arbitral decisions against recalcitrant parties. As courts and arbitration laws across the world take contrasting approaches to the definition of awards, such enforcement can be problematic, especially in the context of awards by consent and the recent development known as 'emergency arbitration'. In this timely and groundbreaking book, a young arbitration scholar takes us through the difficulties of defining the notion of arbitral award with a rare combination of theoretical awareness and attention to the procedural requirements of arbitral practice. What's in this book: In a framework using a comparative analysis of common law and civil law jurisdictions (specifically, England and France) and how each has regulated in different ways the equilibria between state justice and arbitral justice, - and comparing each with the UNCITRAL Model Law - this book addresses such issues as the following: * the 'judicialization' of arbitration; * different models of arbitral adjudication and their impact on the notion of award; * what an award needs to contain to be enforceab≤ * awards on competence; * awards by consent; and * awards ante causam. The author employs a methodology that views arbitration as providing an institution for administering justice rather than as a purely contractual creature. To this end, rules of arbitral institutions (particularly the ICC) are examined closely for their implications on what an award means. How this will help you: Having a fresh look at the arbitral award by placing it in a broader context than is usually found, this book allows for a greater understanding of the functioning and evolution of contemporary international commercial arbitration. This book clarifies the status of controversial decisions, such as jurisdictional decisions, consent awards, and emergency orders. As an assessment to help readers determine which arbitral decisions should be qualified as awards, this book is sure to become an international reference for arbitrators, practitioners at global law firms, companies doing transnational business, interested academics, and international arbitration centres in emerging markets.
Law

The Rise of Transparency in International Arbitration

Author: Alberto Malatesta ,Rinaldo Sali

Publisher: Juris Publishing, Inc.

ISBN: 193751823X

Category: Law

Page: 228

View: 4059

The Rise of Transparency in International Arbitration is inspired by a joint research conducted in the last years by the Milan Chamber of Arbitration and the Law School of the University Carlo Cattaneo–LIUC, Castellanza, in Italy. The two bodies have shared a common concern in order to increase the use of international commercial arbitration and to develop a proper culture in the field: the need for enhancing transparency and especially for a wider dissemination of arbitral awards. The advantages of arbitration as the main alternative means of dispute resolution are well known and undisputed. Privacy and confidentiality are among them and at the same time among the prevailing features of any arbitral proceedings. However, sometimes users have the feeling to deal with a close and too slow-growing world. The need, if not the request, for a greater accountability of the arbitral world in the whole is more and more widespread. In this context the aim of this book is on the one hand to spur discussion and to shed new light on the traditional idea of confidentiality in international commercial arbitration (and in some other figures alike). Although this idea is sometimes founded upon sound reasons that cannot be ignored or totally set aside, it must be reconsidered by taking into account the rise of transparency. On the other hand, a specific proposal is made in order to step ahead from the current situation, with particular reference to the issue of the publication of the awards. In this respect, the main outcome is the Guidelines for the Anonymous Publication of Arbitral Awards, already adopted and experienced by the Milan Chamber. They are addressed to institutions, practitioners, scholars with the goal to favor the circulation of the awards and of the related decisions.
Political Science

UNCITRAL 2012 Digest of Case Law on the Model Law on International Commercial Arbitration

Author: United Nations

Publisher: United Nations Publications

ISBN: 9789211337938

Category: Political Science

Page: 232

View: 7754

This publication contains a presentation of case laws rendered in jurisdictions having enacted the UNCITRAL Model Law on International Commercial Arbitration. In light of the large number of cases collected, the Commission requested a tool specifically designed to present selected information on the interpretation and application of the Model Law in a clear, concise and objective manner. This request originated the UNCITRAL Digest of Case Law on the UNCITRAL Model Law on International Commercial Arbitration. The purpose of the digest is to assist in the dissemination of information on the Model Law and further promote its adoption as well as its uniform interpretation and application. In addition, the digest is meant to help judges, government officials, arbitrators, practitioners and academics use more efficiently the case law relating to the UNCITRAL text.
Law

International Arbitration

Cases and Materials

Author: Gary B. Born

Publisher: Wolters Kluwer Law & Business

ISBN: 1454860251

Category: Law

Page: 1368

View: 8014

This important casebook is based upon one of the leading books in the field Born's treatise, International Commercial Arbitration. It offers a comprehensive approach to international commercial arbitration (focused on the New York Convention and UNCITRAL Model Law), while providing comparative examples drawn from state-to-state and investment arbitration. An easy-to-use chronological structure follows the course of an international arbitration. Features: Thoroughly revised to reflect amendments to UNCITRAL Rules, ICC Rules and other institutional arbitration rules New sections addressing IBA Guidelines on Party Representation in International Arbitration Revised to reflect amendments to representative national arbitration legislation in France, Singapore and elsewhere Streamlined excerpts of cases and awards; added excerpts of new arbitral awards on selected topics.
Arbitration agreements, Commercial

International Commercial Arbitration and Conciliation in UNCITRAL Model Law Jurisdictions

Author: Peter Binder

Publisher: Sweet & Maxwell

ISBN: 9780421861206

Category: Arbitration agreements, Commercial

Page: 550

View: 1034

The first book of its type, this new edition gives you complete coverage of UNCITRAL's Model Law on International Commercial Arbitration and now additionally the new UNCITRAL Model Law on International Commercial Conciliation, giving you all the information that you will need when contemplating arbitration in one of the Model Law Countries and enabling you to ascertain what you can expect in each jurisdiction. policies behind UNCITRAL's Model Laws. This highly specialised and detailed work draws attention to and evaluates the different views on the provisions and their practical implications. (including the world's top ADR locations), Dr Binder gives you a complete picture of global practice. This is a feature unique to this book, and is of essential value to practitioners and enacting governments alike.
Law

International Arbitration Law and Practice, Third Edition

Author: Mauro Rubino-Sammartano

Publisher: Juris Publishing, Inc.

ISBN: 1937518159

Category: Law

Page: 2072

View: 5245

This third edition of International Arbitration Law and Practice has been largely enriched by covering international commercial arbitrations, investment treaty arbitrations, arbitrations between public bodies, between states and individuals, the UNCITRAL model law and Iran-US Tribunal proceedings as well as commodity arbitration, online arbitration and sports arbitral proceedings. International Arbitration Law and Practice, 3rd edition elaborates new concepts such as a definition of international arbitration based on procedural law (different from transnational law) and a doctrine (the tronc commun doctrine) to identify the applicable substantive law on disputes between parties belonging to different countries. It further suggests that a law of international arbitration has arisen from the various conventions and laws. Besides dealing with all the aspects of arbitration on a topic by topic basis, the writer presents a third generation arbitration which builds on analysis of major obstacles to a smooth running arbitration.International Arbitration Law and Practice, 3rd edition is a work that anyone involved in arbitral proceedings will find to be absolutely indispensable.
Law

The UNCITRAL framework for arbitration in contemporary perspective

Author: Isaak Ismail Dore

Publisher: Graham & Trotman

ISBN: N.A

Category: Law

Page: 222

View: 7698

The book is an up-to-date review of the contemporary significance and success of the UNCITRAL Arbitration Rules (1976) and Model Law (1980). The book pursues three goals simultaneously: (1) to compare the UNCITRAL rules, article by article, with other major alternative rules, naley, The arbitration rules of the International Chamber of Commerce (ICC) And The London Court of International Arbitration (LCIA); (2) to examine the adaptability and use of the UNCITRAL rules by one of the most significant arbitral tribunals of the twentieth century, namely the Iran-U.S. Claims Tribunal; and (3) to assess the worldwide implementation UNCITRAL's Model Law. The book contains the full text of the Rules of the Iran-United States Claims Tribunal.
Law

International Commercial Arbitration:International and USA Spectscommentary and Materials

Author: Gary Born

Publisher: Kluwer Law International

ISBN: 9041115595

Category: Law

Page: 1149

View: 7008

The revised and expanded Second Edition of Gary Born's landmark treatise International Commercial Arbitration provides the most detailed and up-to-date commentary, case analyses, and practice pointers available to practitioners and academics today. with full annotations and footnotes for invaluable research assistance, and clearly-written analyses that identify and discuss critical issues, it is an invaluable guide to the actual practice of international commercial arbitration anywhere in the world, by one of the field's most experienced practitioners. International Commercial Arbitration, Second Edition, examines the procedural aspects of international arbitration in contemporary practice; provides excerpts of representative international arbitral awards and national court decisions; and makes abundant reference to leading institutional rules as they are brought to bear on specific fact situations. It discusses in detail all leading international practices and legal sources relating to international commercial arbitration, including the New York and Inter-American Conventions, the UNCITRAL Model Law and other national arbitration legislation, and all leading institutional arbitration rules. It also expands and updates the First Edition's authoritative treatment of international arbitration by U.S. and other national courts. Divided into three parts--international arbitration agreements, international arbitral procedures, and international arbitration awards--the treatise explores each topic in detail, dealing with both legal and practical issues under leading international and national legal regimes. Through excerpts of key court decisions and detailed analysis, it thoroughly covers the role of U.S. courts in enforcing international arbitration agreements under the Federal Arbitration Act, providing an invaluable guide to the enforceability of international arbitration awards in U.S. courts and the role of U.S. courts in granting provisional remedies, selecting arbitrators and arbitral situses, ordering discovery, and otherwise providing judicial support for the international arbitral process. Note: North America: Sales Exclusive by Transnational Publishers, Inc.
Arbitration agreements, Commercial

International Commercial Arbitration

Author: Gary Born

Publisher: N.A

ISBN: 9789041152190

Category: Arbitration agreements, Commercial

Page: 4260

View: 1878

V.3: " ... provides a detailed discussion of the issues arising from international arbitration awards. It includes chapters covering the form and contents of awards; the correction, interpretation and supplementation of awards; the annulment and confirmation of awards; the recognition and enforcement of arbitral awards; and issues of preclusion, lis pendens and staredecisis."--Descripción del editor.
Law

Public Policy Exception Under The New York Convention

History, Interpretation, and Application - Revised Edition

Author: Anton G. Maurer

Publisher: Juris Publishing, Inc.

ISBN: 1937518221

Category: Law

Page: 398

View: 8376

The Public Policy Exception under the New York Convention: History, Interpretation, and Application describes in detail the drafting history of the public policy exception of Art. V (2) (b) of the New York Convention in order to determine the purpose the signatory states wanted to achieve with this clause. The book also explains how this clause is applied by the courts in many economically relevant states, and especially in Brazil, Russia, India, and China. In September 2012, the Indian Supreme Court, in a case entitled Bharat Aluminium Co. v. Kaiser Aluminium Technical Service, Inc., announced a long expected decision practically reversing the judgments of Bhatia International and Venture Global and holding that Indian Courts are not permitted to set aside foreign arbitral awards. In this Revised Edition, the author explains and explores the reasoning of the Indian Supreme Court in this landmark decision and discusses the practical implications and consequences. Public Policy Exception under the New York Convention: History, Interpretation, and Application is of importance for all internationally active companies as well as for lawyers and courts. The book aids lawyers and companies in drafting arbitration clauses and in enforcing foreign arbitral awards. Often, judgments will not be enforced abroad; this is especially true with respect to an enforcement of foreign judgments in the BRIC countries. Therefore, internationally active companies and their advisors need guidance if and where foreign arbitral awards in their favor will be enforced abroad.
Law

The UNCITRAL Model Law on International Commercial Arbitration

25 years

Author: Association for International Arbitratio

Publisher: Maklu Uitgevers N.V.

ISBN: N.A

Category: Law

Page: 168

View: 5744

The UNCITRAL Model Law on International Commercial Arbitration was adopted in 1985 and amended in 2006. More than 65 countries have since revised their laws on international commercial arbitration by reference to the Model Law. The goal of the Model Law - coupled with the New York Convention of 1958 on the recognition and the enforcement of foreign arbitral awards - was to contribute to the establishment of a unified legal framework for the fair and efficient settlement of disputes arising in international commercial relations. This book - by the Association for International Arbitration (AIA) - measures the degree of unification which the Model Law has achieved and its contribution to the development of legal thinking on international arbitration during the past 25 years.