Arbitration Rules-International Institutions-3rd Edition

Arbitration Rules-International Institutions-3rd Edition

Author: Loukas A. Mistelis

Publisher: Juris Publishing, Inc.

ISBN: 9781933833569

Category:

Page: 594

View: 999

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International Arbitration Institutions have led the way in rulemaking for international commercial arbitration. The institutional rules and commentary compiled in this easy-to-use reference tool are those promulgated by the institutions most often named in international agreements. The institutional rules and commentary compiled in this easy-to-use reference are those promulgated by the institutions most often named in international agreements. Arbitration Rules: International Institutions is the only resource to compile such an extensive array of commentary and analysis, written by leading arbitration authorities along with the full text of each set of rules.

The Flame Rekindled

The Flame Rekindled

Author: A. Sam Muller

Publisher: Martinus Nijhoff Publishers

ISBN: 0792326598

Category: Law

Page: 240

View: 236

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Among the aims of the United Nations Decade of International Law is the promotion of the means and methods for the peaceful settlement of disputes between states. In the previous volume, "The United Nations" "Decade of International Law, Reflections on International Dispute" "Settlement," the editors contributed to this aim by bringing together a variety of opinions by international legal experts on the topic, with an emphasis on the role of the International Court of Justice. This time, the editors turn their attention to international arbitration and the role of the Permanent Court of Arbitration. It also explores the prospects for pre-constituted, non-ad hoc arbitral institutions which may be considered in the general framework of peaceful settlement of disputes between states, as well as between states and other actors (commercial arbitration) in the present day international system, through the process of international adjudication. Like the previous volume, this book is a valuable contribution towards the promotion of the United Nations Decade of International Law.

International Organizations and Their Host States

International Organizations and Their Host States

Author: A. Sam Muller

Publisher: Martinus Nijhoff Publishers

ISBN: 9041100806

Category: Political Science

Page: 340

View: 390

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Since 1945 there has been a tremendous growth in the number of international organizations, leading to the development of a body of law regulating the relationship between the organizations and their host states. "International Organizations and their Host States" examines the relationship from a practical perspective. Before examining the legal status, privileges and immunities that have commonly been granted to international organizations, the diverse sources where the law can be found are brought together in a new concept: the "host arrangement," This concept forms an anchor for the examination of the following aspects of the legal relationship: the legal personality of the organization, the status of its seat, the inviolability of its premises, assets and archives, its jurisdictional immunity, its communications privileges, and its fiscal, customs and financial privileges. In conclusion, the legal concepts underlying the relationship between international organizations and their host states are analyzed and suggestions are made on improving the coherency of the law.

Arbitration Rules-National Institutions-2nd Edition

Arbitration Rules-National Institutions-2nd Edition

Author: Loukas A. Mistelis

Publisher: Juris Publishing, Inc.

ISBN: 9781933833552

Category: Law

Page: 624

View: 266

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As national arbitration institutions have proliferated and grown, they are more and more frequently being named in international agreements. This unique reference covers the full text of each institution’s rules and provides extensive commentary and analysis on each institution and its rules in practice.

Comparison of International Arbitration Rules - 4th Edition

Comparison of International Arbitration Rules - 4th Edition

Author: Simpson Thacher & Bartlett LLP

Publisher: Juris Publishing, Inc.

ISBN: 9781937518165

Category: Law

Page: 322

View: 598

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Comparison of International Arbitration Rules, prepared by the international arbitration practice group of Simpson Thacher & Bartlett, provides a detailed and up-to-date chart comparing the specific provisions of the leading sets of international rules--those of the ICC, AAA/ICDR, LCIA, SCC, ICSID, UNCITRAL and CPR. The Comparison is designed to assist parties in selecting arbitration rules and drafting specific arbitration provisions for their international commercial contracts; assist counsel in developing arguments on procedural issues that arise in the international arbitration proceedings; assist arbitration institutions and commentators in analyzing, formulating and promulgating appropriate arbitration rules; and assist countries and international organizations in developing appropriate national or model arbitration laws and rules. The Comparison is therefore of great practical utility to international arbitration users, practitioners, institutions, academics and legislators alike.

Institutional Arbitration

Institutional Arbitration

Author: Pascale Gola

Publisher: Sellier European Law Pub

ISBN: 3866531265

Category: Law

Page: 310

View: 451

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When choosing institutional arbitration, it is important to be aware not only of the content and impact of the arbitration rules, but also of the tasks and powers of the institution. Arbitration institutions, and in particular the unknown faces behind such institutions, can have a remarkable impact on the arbitration proceedings, especially at their initial and final stage. This book explains and compares such impact of various international arbitration institutions.

International Arbitration and Technology

International Arbitration and Technology

Author: Pietro Ortolani

Publisher: Kluwer Law International B.V.

ISBN: 9789403518169

Category: Law

Page: 280

View: 370

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Digitalization is increasingly impacting the practice of international arbitration. Especially in the wake of COVID-19, technological solutions are adopted by counsel, tribunals, and arbitral institutions. This trend is likely to continue in the future, thus changing the way in which international arbitration is practiced. International arbitration and technology offers the first up-to-date and comprehensive overview of the interplay between technology and international arbitration, with a specific focus on the technological developments which are currently available and already practically relevant. The authors’ practical perspectives on the impact of technology on arbitration yield valuable insights for arbitrators, tribunal secretaries, international arbitration counsel, and arbitral institutions. As many aspects of their work are already impacted by technology, they will find much value within this book’s pages. Furthermore, the book is of interest for academics working in the fields of international dispute resolution, and law and technology.

International Arbitration: When East Meets West

International Arbitration: When East Meets West

Author: Neil Kaplan

Publisher: Kluwer Law International B.V.

ISBN: 9789403520629

Category:

Page: 352

View: 870

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As Asia, China, in particular, gains economic momentum and increasingly attracts global attention, disputes between Asian and Western parties will inevitably increase. This book, the first to address issues arising from these types of disputes in depth, collects incisive articles by both well-known Asian arbitrators and non-Asian practitioners with extensive experience dealing with arbitrations involving Asian parties, all under the aegis of Michael Moser, a Western-trained lawyer who had the foresight to build a China-focused dispute resolution practice at a time when it was not fashionable to do so. The articles reflect Moser’s exemplary career as an independent arbitrator who has navigated between Asian and Western legal cultures seamlessly for decades. The upshot is an authoritative investigation of the differences and similarities of international arbitration between two contrasting cultures–both from a legal and social perspective– as well as a consideration of how each culture has influenced international arbitration practice overall. Issues covered include the following: interim measures in support of arbitration; the hybrid arbitration-mediation mode of dispute resolution; what China’s investment treaties have to offer; Moser’s ‘Triple A’ approach to mediation; witness conferencing; influence of of rang (¿), or exercise of altruism; Chinese courts’ approach to international arbitration; evolution of investment protection between China and Europe; disclosure versus state secrecy laws in China; and the standard for disclosure in rules of evidence. Given the increasing prevalence of arbitrations seated in Asia and the number of new players engaged in arbitration in Asia, this book is certain to attract a wide range of arbitration practitioners, especially those engaged in arbitrations involving Asian parties. As a comparative study of Asian and Western arbitration theory and practice, it is peerless. Scholars of arbitration worldwide are sure to learn from the insights detailed here of practitioners with consummate experience in arbitrations involving cross-cultural parties.

Confidentiality in International Commercial Arbitration

Confidentiality in International Commercial Arbitration

Author: Ileana M. Smeureanu

Publisher: Kluwer Law International B.V.

ISBN: 9789041132260

Category: Law

Page: 242

View: 882

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After neutrality and international enforcement, the next most valued feature of international commercial arbitration is confidentiality. For reasons easy to imagine, businessmen do not want their trade secrets, business plans, strategies, contracts, financial results or any other types of business information to be publicly accessible, as would commonly happen in court proceedings. Yet the case law of arbitration shows that in practical terms confidentiality is not to be taken for granted - in fact, it has become one of the most undetermined matters in international arbitration. Although 'the emperor of arbitration may have clothes, ' as one scholar has quipped, his raiments of secrecy can be 'torn with surprising ease'. This book deciphers the current degree of confidentiality in international commercial arbitration as reflected by the most important arbitration rules, national laws, other arbitration-related enactments, and practices of arbitral tribunals and domestic courts globally. Drawing on this data and analysis, the author then sets forth criteria to assess the breach of confidentiality in international arbitration and the proper rules for protecting or sanctioning such breaches. What do we understand by confidentiality in arbitration? What are its limitations? Who is bound to observe it? How can we quantify its breach? In addressing these questions, the book engages such issues as the following: reasons for disclosure - e.g., for the establishment of a defence, for the enforcement of rights, in the public interest or in the interests of justice disclosure by consent, express or implied; circumstances triggering statutory obligation of disclosure; recent trends towards greater transparency in investor-State arbitration; court measures in support of arbitral confidentiality such as award of damages for breach of confidentiality; and categories of persons bound by confidentiality, including third parties such as witnesses and experts. Structured along the main stages of the arbitral process, the analysis covers the duty of confidentiality from the initiation of arbitral proceedings through their unfolding to the issuance of the award and after. The scope of confidentiality is reviewed in the practice of arbitral tribunals and domestic courts, and from the perspective of international arbitration institutions, with detailed attention to various arbitration rules and numerous significant cases. In its elucidation of the amount of confidentiality that 'veils' each phase of the arbitral process, and its ground-breaking identification of 'patterns of disclosure', this book is sure to raise awareness about the various facets and problems posed by confidentiality in arbitration. Although its scholarly contribution to the law of international commercial arbitration cannot be gainsaid, corporate counsel worldwide will quickly prize its more practical value.

International Institutional Law

International Institutional Law

Author: Henry G. Schermers

Publisher: Martinus Nijhoff Publishers

ISBN: 9789004187986

Category: Law

Page: 1310

View: 614

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This book offers a comparative analysis of the institutional law of public international organizations, covering issues such as membership, institutional structure, decisions and decision-making, legal status, privileges and immunities. It has been designed to appeal to both academics and practitioners.