Arbitral Awards of the Cairo Regional Centre for International Commercial Arbitration - Arbitral Awards of CRCICA Volume 2 (1997-2000) PDF Download
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Author: Mohiedin Ismail Alamedin
Publisher: BRILL
ISBN: 9004478752
Category : Law
Languages : en
Pages : 288
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Book Description
The cases are edited and translated by the prominent legal scholar, arbitrator and lawyer Dr. Mohie Eldin I. Alam-Eldin. His in-depth commentary on the thirty-four cases included in this volume encompasses discussion of emerging new arbitral trends and principles, such as the alter ego and contra preferentum doctrines, and new approaches to arbitration engendered by the ever-growing and changing practises and patterns of internatuional trade. He also analyses many of the new issues raised by the decisions of the court of appeal in cases where arbitral awards proved unsatisfactory. Many of these court of appeal decisions are included in the text, as are relevant decisions of the Supreme Court of Egypt. This second series of cases brought before the Cairo Regional Centre for International Commercial Arbitration covers the period 1997-2002, years which witnessed a major growth in confidence in the Centre and a corresponding expansion in scope, procedure, and legal principles. Perhaps most notable among these important developments is the evolution of hybrid procedures that permit the harmonization of legal cultures among parties. In this book will be found a number of cases which successfully blend common law, civil law, and Sharia principles while rigorously adhering to the agreements between the parties, all applicable law, and guarantees of defence. The subject matter of the international disputes arbitrated includes the following: - Supply - Hotel management - Software contracts - Oil contracts - Distributorship contracts - Insurance contracts - Credit risk management contracts - Construction - Commercial agency The significance of the Cairo Regional Centre for International Commercial Arbitration, as a forward-looking and innovative institution directly influencing business activity in some of the most important areas of global commerce, can hardly be overstated. This book validates and reinforces the Centre pivotal role, and will be of inestimable value to the international commercial arbitration community.
Author: Mohiedin Ismail Alamedin
Publisher: BRILL
ISBN: 9004478752
Category : Law
Languages : en
Pages : 288
Get Book Here
Book Description
The cases are edited and translated by the prominent legal scholar, arbitrator and lawyer Dr. Mohie Eldin I. Alam-Eldin. His in-depth commentary on the thirty-four cases included in this volume encompasses discussion of emerging new arbitral trends and principles, such as the alter ego and contra preferentum doctrines, and new approaches to arbitration engendered by the ever-growing and changing practises and patterns of internatuional trade. He also analyses many of the new issues raised by the decisions of the court of appeal in cases where arbitral awards proved unsatisfactory. Many of these court of appeal decisions are included in the text, as are relevant decisions of the Supreme Court of Egypt. This second series of cases brought before the Cairo Regional Centre for International Commercial Arbitration covers the period 1997-2002, years which witnessed a major growth in confidence in the Centre and a corresponding expansion in scope, procedure, and legal principles. Perhaps most notable among these important developments is the evolution of hybrid procedures that permit the harmonization of legal cultures among parties. In this book will be found a number of cases which successfully blend common law, civil law, and Sharia principles while rigorously adhering to the agreements between the parties, all applicable law, and guarantees of defence. The subject matter of the international disputes arbitrated includes the following: - Supply - Hotel management - Software contracts - Oil contracts - Distributorship contracts - Insurance contracts - Credit risk management contracts - Construction - Commercial agency The significance of the Cairo Regional Centre for International Commercial Arbitration, as a forward-looking and innovative institution directly influencing business activity in some of the most important areas of global commerce, can hardly be overstated. This book validates and reinforces the Centre pivotal role, and will be of inestimable value to the international commercial arbitration community.
Author: Todd Weiler
Publisher: Martinus Nijhoff Publishers
ISBN: 9004191437
Category : Law
Languages : en
Pages : 612
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Book Description
Dedicated to the memory of a path-breaking international lawyer, Thomas Wälde, this volume offers an eclectic mix of contributions from leading academics and practitioners. Topics include: foreign direct investment, dispute settlement, corporate responsibility, economic development, natural resources, and private international law.
Author: Lise Bosman
Publisher: Kluwer Law International B.V.
ISBN: 9403537612
Category : Law
Languages : en
Pages : 693
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Book Description
The Second Edition of this unprecedented volume assembles an updated and expanded country-by-country analysis – both practical and insightful – of how arbitration is conducted in forty-nine African countries, providing essential information about legislative provisions, treaty adherence, and arbitral procedure. Contributors include sought-after African arbitrators, distinguished practitioners, academics and institution-builders, all of whom are active in promoting the use of arbitration as a viable means of dispute resolution in Africa. Five sections representing the main regions of the continent, each with a substantive introductory chapter covering the major trends within that region, offer country overviews addressing issues such as the following: adherence to the key arbitration conventions; modernity of a State’s arbitration legislation and its compatibility with the UNCITRAL Model Law; particular features of arbitral practice in that jurisdiction (including responses to the COVID-19 pandemic); access to and (where available) statistics from local and regional arbitral institutions; significant arbitration-related national case law; and enforcement of foreign arbitral awards. A sixth section focuses on treaty-based investor-State arbitration against African States under the ICSID Convention, providing an empirical analysis of the experience and record of African States with investor-State arbitration in the period between 2010 and 2020. Useful tables and graphics of intra-African bilateral investment treaties, a list of ICSID proceedings involving African States, a list of treaty accession by African States, and other tabular features round out the volume. The first edition of this volume was welcomed by arbitration practitioners and legal academics everywhere as an essential guide to an emerging and important area of international arbitration practice. This second edition tracks the significant developments (in treaty accession, reform of arbitration legislation and developing case law) that have taken place over the past decade, and confirms that arbitration as a preferred method of dispute resolution is now firmly entrenched on the African continent.
Author: Amazu A. Asouzu
Publisher: Cambridge University Press
ISBN: 9780521641326
Category : Law
Languages : en
Pages : 640
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Book Description
International Commercial Arbitration and African States is a timely assessment of the arbitral process in the African context. The book focuses on the contribution that arbitration, and other methods of alternative dispute resolution, may make to the development of African states and peoples, while satisfying the legitimate expectations of inward investors and traders. Although focusing on dispute resolution regimes affecting or concerning African states and their nationals, the work will also have practical, policy and comparative implications for dispute resolution, commercial arbitration and foreign investment in other regions.
Author: United Nations Publications
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 354
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Book Description
The Guide on the New York Convention provides an insight on the application of the Convention by State courts.
Author: Nathalie Najjar
Publisher: BRILL
ISBN: 9004357483
Category : Law
Languages : en
Pages : 1340
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Book Description
Arbitration and International Trade in the Arab Countries by Nathalie Najjar is masterful compendium of arbitration law in the Arab countries. A true study of comparative law in the purest sense of the term, the work puts into perspective the solutions retained in the various laws concerned and highlights both their convergences and divergences. Focusing on the laws of sixteen States, the author examines international trade arbitration in the MENA region and assesses the value of these solutions in a way that seeks to guide a practice which remains extraordinarily heterogeneous. The book provides an analysis of a large number of legal sources, court decisions as well as a presentation of the attitude of the courts towards arbitration in the States studied. Traditional and modern sources of international arbitration are examined through the prism of the two requirements of international trade, freedom and safety, the same prism through which the whole law of arbitration is studied. The book thus constitutes an indispensable guide to any arbitration specialist called to work with the Arab countries, both as a practitioner and as a theoretician.
Author: Union Of International Associations
Publisher:
ISBN: 9789004271975
Category : Business & Economics
Languages : en
Pages : 1452
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Book Description
Volume 1 (A and B) covers international organizations throughout the world, comprising their aims, activities and events.
Author: Emilia Onyema
Publisher:
ISBN: 0415492785
Category : Business & Economics
Languages : en
Pages : 257
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Book Description
This book examines the formation, nature and effect of the arbitratorsâe(tm) contract, addressing topics such as the appointment, challenge, removal and duties and rights of arbitrators, disputing parties and arbitration institutions. The arguments made in the book are based on a semi-autonomous theory of the juridical nature of international arbitration and a contractual theory of the legal nature of these relationships. From these premises, the book analyses the formation of the arbitratorâe(tm)s contract in both ad hoc and institutional references. It also examines the institutionâe(tm)s contract with the disputing parties and its effect on the arbitratorâe(tm)s contract under institutional references. The book draws from national arbitration laws and institutional rules in various jurisdictions to give a global view of the issues examined in it. The arbitratorâe(tm)s contract is analysed from a global perspective of arbitral law and practice with insights from various jurisdictions in Africa, Asia, Europe, North and South America. The primary focus of the book is an analysis of the formation of the arbitratorâe(tm)s contract and the terms of this contract and the institutionâe(tm)s contract. The primary question of the consequences (if any) of the breaches of the terms of these contracts and its impact on the exclusion or limitation of liability of arbitrators and institutions is also analysed with the conclusion that since these transactions are contractual and the terms can be categorised as in any normal contract, then normal contractual remedies can be applied to the breaches of these terms. International Commercial Arbitration and the Arbitratorâe(tm)s Contract will be of great value to arbitration practitioners and researchers in arbitration. It will also be very useful to students of arbitration on the topics of arbitrators and arbitration institution.
Author: Reto Marghitola
Publisher: Kluwer Law International B.V.
ISBN: 9041166971
Category : Law
Languages : en
Pages : 343
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Book Description
Because document production can discover written evidence that would otherwise not be available, it is often the key to winning a case. However, document production proceedings can be a costly and time-consuming exercise, and arbitral awards in particular are often challenged on grounds that relate to document production orders. The task of balancing the conflicting interests of the parties in this context is a major responsibility of arbitral tribunals. This book's analysis focuses on whether there exist legal principles on which arbitrators should establish rules of document production in both civil law and common law countries, and shows how international arbitration is affected. The author examines the relevant discretion of arbitral tribunals under US, English, Swiss, German, and Austrian law, and under nine of the most important sets of institutional rules, including the ICC Rules, the LCIA Rules, and the Swiss Rules. The presentation mines case law and legal literature for concepts based on the common expectations of the parties, the legitimate expectations of a party, the duty to balance different procedural expectations of the parties, the presumed intent of the parties, the underlying hypothetical bargain, implied terms, and the arbitrators' discretion. Among the topics and issues investigated are the following: - procedural rules on document production versus procedural flexibility; - how arbitral tribunals can modify the IBA Rules on a case-by-case basis; - discretion granted by legislation in each country covered; - electronic document production; - how to deal with privilege and confidentiality objections; - how to formulate or answer document production requests; - effective sanctions in case of non-compliance with procedural orders of the arbitral tribunal; - what grounds for annulment and non-enforcement a losing party can raise in what countries. Perhaps the greatest benefit of the book is the inclusion of model clauses, commensurate with both civil law and common law expectations. The author explicates the advantages and inconveniences of each model clause, and clarifies the influence of each clause on the efficiency of the proceedings and the enforcement risk. For practitioners, the book not only gives counsel a thorough overview of possible arguments for and against document production, but also assists arbitrators find a way through the jungle of opinions on the interpretation of the IBA Rules. Legal academics will appreciate the author's deeply informed analysis and commentary and the book's contribution to increasing the predictability of arbitral decisions on document production and showing how issues in dispute can be narrowed by tailor-made rules, thus helping to raise the efficiency and reduce the costs of arbitral proceedings.
Author: Yuliya Chernykh
Publisher: BRILL
ISBN: 9004414703
Category : Law
Languages : en
Pages : 629
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Book Description
Contracts are relevant, frequently central, for a significant number of investment disputes. Yet, the way tribunals ascertain their content remains largely underexplored. How do tribunals interpret contracts in investment treaty arbitration? How should they interpret contracts? Does national law have any role to play? Contract Interpretation in Investment Treaty Arbitration: A Theory of the Incidental Issue addresses these questions. The monograph offers a valuable insight into the practice and theory of contract interpretation in investment treaty arbitration. By proposing a theoretical frame for seamless integration of contract interpretation into the overall structure of decision-making, the book contributes to predictability, coherence, sufficiency and correctness of the tribunals’ interpretative practices in investment treaty arbitration.
