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Author: Derek Roebuck
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 424
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Book Description
The first full-length description and analysis of how dispute resolution by mediation and arbitration developed in the Ancient Greek world, from Homer to Cleopatra. Based on all the primary sources, with the relevant extracts in new translations: not only poetry, drama, history, philosophy and oratory, but also inscriptions and the mass of arbitration documents surviving as papyri. Introductory chapters deal with theory and method, language and translation, and the Greek legal system. The conclusions show how mediation and arbitration were partners in the ordinary processes of dispute resolution, and widespread in all the times and places examined. Publisher's note.
Author: Derek Roebuck
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 424
Get Book Here
Book Description
The first full-length description and analysis of how dispute resolution by mediation and arbitration developed in the Ancient Greek world, from Homer to Cleopatra. Based on all the primary sources, with the relevant extracts in new translations: not only poetry, drama, history, philosophy and oratory, but also inscriptions and the mass of arbitration documents surviving as papyri. Introductory chapters deal with theory and method, language and translation, and the Greek legal system. The conclusions show how mediation and arbitration were partners in the ordinary processes of dispute resolution, and widespread in all the times and places examined. Publisher's note.
Author: Sheila L. Ager
Publisher: Univ of California Press
ISBN: 0520913493
Category : History
Languages : en
Pages : 789
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Book Description
A great deal of information has come to light over the past several decades about the role of arbitration between the Greek states. Arbitration and mediation were, in fact, central institutions in Hellenistic public life. In this comprehensive study, Sheila Ager brings together the scattered body of literary and epigraphical sources on arbitration, together with up-to-date bibliographic references, and commentary. The sources collected here range widely; Ager presents an exhaustive record of documents ranging from the settlement of a minor territorial squabble between two tiny city-states to the resolution of major conflicts separating the great powers of the day. In addition, Ager's introduction sets the documents in historical context and outlines distinctions among categories of arbitration. The work also includes indices to literary passages, inscriptions, persons, places, subjects, and Greek and Latin terms in the documents. This collection of many previously inaccessible texts will become a primary resource for any scholar or student working in the field of Hellenistic history.
Author: Emmanuel Gaillard
Publisher: Juris Publishing, Inc.
ISBN: 1929446608
Category : Law
Languages : en
Pages : 372
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Book Description
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.
Author: Christopher Dugan
Publisher: Oxford University Press, USA
ISBN: 019979572X
Category : Business & Economics
Languages : en
Pages : 818
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Book Description
I. Introduction II. History and Limitations of the Traditional System for Resolving Investment Disputes III. The Modern System of Investor-State Arbitration IV. Commonly Used Procedural Rules V. Procedural Law Applicable in Investor-State Arbitration VI. National Court Interference: Anti-Arbitration Injunctions VII. The Course of an Investment Arbitration VIII. Consolidation under Relevant Arbitration Rules or Treaties IX. Governing Law in Investment Disputes X. Consent to Arbitral Jurisdiction XI. The Concept of Investment XII. The Nationality of the Investor XIII. Exhaustion of Local Remedies XIV. Election of Forum: National Courts and Contract Arbitrations XV. Discrimination XVI. Expropriation XVII. "Fair and Equitable Treatment" and "Full Protection and Security" XVIII. Umbrella Clauses XIX. Damages, Compensation, and Non-Pecuniary Remedies XX. Annulment and Set Aside XXI. Enforcement of Awards XXII. The Future of International Investment Arbitration Select Bibliography Index Table of Cases Index of Treaties, Conventions, and International Agreements.
Author: Gabrielle Kaufmann-Kohler
Publisher: Oxford University Press
ISBN: 0191669199
Category : Law
Languages : en
Pages : 732
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Book Description
This book expounds the theory of international arbitration law. It explains in easily accessible terms all the fundamentals of arbitration, from separability of the arbitration agreement to competence-competence over procedural autonomy, finality of the award, and many other concepts. It does so with a focus on international arbitration law and jurisprudence in Switzerland, a global leader in the field. With a broader reach than a commentary of Chapter 12 of the Swiss Private International Law Act, the discussion contains numerous references to comparative law and its developments in addition to an extensive review of the practice of international tribunals. Written by two well-known specialists - Professor Kaufmann-Kohler being one of the leading arbitrators worldwide and Professor Rigozzi one of the foremost experts in sports arbitration - the work reflects many years of experience in managing arbitral proceedings involving commercial, investment, and sports disputes. This expertise is the basis for the solutions proposed to resolve the many practical issues that may arise in the course of an arbitration. It also informs the discussion of the arbitration rules addressed in the book, from the ICC Arbitration Rules to the Swiss Rules of International Arbitration, the CAS Code, and the UNCITRAL Rules. While the book covers commercial and sports arbitrations primarily, it also applies to investment arbitrations conducted under rules other than the ICSID framework.
Author: Paolo Michele Patocchi
Publisher: Juris Publishing, Inc.
ISBN: 1937518043
Category : Law
Languages : en
Pages : 1604
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Book Description
he Swiss International Arbitration Law Reports provides for the first time a full English translation of the decisions made by the Swiss Federal Supreme Court on a biannual basis, irrespective of whether the original decision was published in the German, French or Italian language, or whether the decision has been officially published or is simply available on the Court's website. The English translation is presented in parallel to the original text of each decision, and it is preceded by a head note and a summary of the decision for the reader in a hurry. All decisions directly relating to international arbitration will be translated, including those that deal with setting aside proceedings, the enforcement of arbitration agreements or the recognition and enforcement of foreign arbitral awards in Switzerland under the New York Convention, 1958. Switzerland is historically one of the preferred venues for international commercial arbitration. Arbitrations taking place in Switzerland relate not only to contracts between European corporations, but also to contracts made in East-West trade or contracts between parties in the Northern and the Southern hemisphere. The most important decisions on international arbitration are made by Switzerland's highest court, the Federal Supreme Court. Anyone who needs to consider the position of the Swiss law on international arbitration is bound to consult these decisions. In addition, due to the leading role of Switzerland in international arbitration, the Court's decisions are frequently relied upon by arbitral tribunals in international arbitrations outside Switzerland.
Author: Plato
Publisher: DigiCat
ISBN:
Category : Political Science
Languages : en
Pages : 573
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Book Description
The Laws is Plato's last, longest, and perhaps, most famous work. It presents a conversation on political philosophy between three elderly men: an unnamed Athenian, a Spartan named Megillus, and a Cretan named Clinias. They worked to create a constitution for Magnesia, a new Cretan colony that would make all of its citizens happy and virtuous. In this work, Plato combines political philosophy with applied legislation, going into great detail concerning what laws and procedures should be in the state. For example, they consider whether drunkenness should be allowed in the city, how citizens should hunt, and how to punish suicide. The principles of this book have entered the legislation of many modern countries and provoke a great interest of philosophers even in the 21st century.
Author: Katia Yannaca-Small
Publisher:
ISBN: 0195340698
Category : Business & Economics
Languages : en
Pages : 790
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Book Description
Arbitration Under International Investment Agreements: A Guide to the Key Issues provides a comprehensive analysis of the main issues that arise in investor-state arbitration. The contributing authors take the reader through the intricacies of this procedure before analyzing the main jurisdictional and substantive issues that confront arbitrators. The book concludes with a reflection on the role of precedent in investment arbitration. A diverse group of renowned experts in the field provide comprehensive coverage, making Arbitration Under International Investment Agreements a valuable resource for anyone working in or studying this field of law.
Author: Hans Beck
Publisher: John Wiley & Sons
ISBN: 1118303172
Category : History
Languages : en
Pages : 535
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Book Description
This comprehensive volume details the variety of constitutions and types of governing bodies in the ancient Greek world. A collection of original scholarship on ancient Greek governing structures and institutions Explores the multiple manifestations of state action throughout the Greek world Discusses the evolution of government from the Archaic Age to the Hellenistic period, ancient typologies of government, its various branches, principles and procedures and realms of governance Creates a unique synthesis on the spatial and memorial connotations of government by combining the latest institutional research with more recent trends in cultural scholarship
Author: Thomas Schultz
Publisher: Oxford University Press
ISBN: 0192515977
Category : Law
Languages : en
Pages : 1008
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Book Description
This Handbook brings together many of the key scholars and leading practitioners in international arbitration, to present and examine cutting-edge knowledge in the field. Innovative in its breadth of coverage, chapter-topics range from the practicalities of how arbitration works, to big picture discussions of the actors involved and the values that underpin it. The book includes critical analysis of some of international arbitrations most controversial aspects, whilst providing a nuanced account overall that allows readers to draw their own informed conclusions. The book is divided into six parts, after an introduction discussing the formation of knowledge in the field. Part I provides an overview of the key legal notions needed to understand how international arbitration technically works, such as the relation between arbitration and law, the power of arbitral tribunals to make decisions, the appointment of arbitrators, and the role of public policy. Part II focuses on key actors in international arbitration, such as arbitrators, parties choosing arbitrators, and civil society. Part III examines the central values at stake in the field, including efficiency, legal certainty, and constitutional ideals. Part IV discusses intellectual paradigms structuring the thinking in and about international arbitration, such as the idea of autonomous transnational legal orders and conflicts of law. Part V presents the empirical evidence we currently have about the operations and effects of both commercial and investment arbitration. Finally, Part VI provides different disciplinary perspectives on international arbitration, including historical, sociological, literary, economic, and psychological accounts.
