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Author: Baker & McKenzie
Publisher: Juris Publishing, Inc.
ISBN: 1937518728
Category : Arbitration (International law)
Languages : en
Pages : 529
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Book Description
The Baker and McKenzie International Arbitration Yearbook 2014-2015 covers 45 jurisdictions and is organized by country. As in past years, the first section (Part A) describes important recent developments and trends in national legislation and practice affecting the conduct of international arbitration. The second section (Part B) refers to noteworthy case law in each country, and a third section (Part C) focuses on an important current topic in international arbitration. This year's topic is local arbitration institutions. Each jurisdiction was invited to describe the history and background of its local institutions, the types of disputes handled, and the most recent available statistics for numbers of disputes handled. Each jurisdiction was also asked to set out the key features of arbitration in each institution, such as its position on the confidentiality of arbitration, the availability of expedited procedures and consolidation of disputes, and any time limits for rendering of the award. Jurisdictions were also invited to describe how costs and fees are typically dealt with by the institution and to mention any special or unusual features of its procedure. The diversity and breadth of global international arbitration practice is clearly displayed in these chapters. The Baker and McKenzie International Arbitration Yearbook 2014-2015 provides critical commentary about world-wide developments that directly affect the risks and challenges of doing business locally and internationally and managing the disputes that follow.
Author: Baker & McKenzie
Publisher: Juris Publishing, Inc.
ISBN: 1937518728
Category : Arbitration (International law)
Languages : en
Pages : 529
Get Book Here
Book Description
The Baker and McKenzie International Arbitration Yearbook 2014-2015 covers 45 jurisdictions and is organized by country. As in past years, the first section (Part A) describes important recent developments and trends in national legislation and practice affecting the conduct of international arbitration. The second section (Part B) refers to noteworthy case law in each country, and a third section (Part C) focuses on an important current topic in international arbitration. This year's topic is local arbitration institutions. Each jurisdiction was invited to describe the history and background of its local institutions, the types of disputes handled, and the most recent available statistics for numbers of disputes handled. Each jurisdiction was also asked to set out the key features of arbitration in each institution, such as its position on the confidentiality of arbitration, the availability of expedited procedures and consolidation of disputes, and any time limits for rendering of the award. Jurisdictions were also invited to describe how costs and fees are typically dealt with by the institution and to mention any special or unusual features of its procedure. The diversity and breadth of global international arbitration practice is clearly displayed in these chapters. The Baker and McKenzie International Arbitration Yearbook 2014-2015 provides critical commentary about world-wide developments that directly affect the risks and challenges of doing business locally and internationally and managing the disputes that follow.
Author: Liz Williams
Publisher: Juris Publishing, Inc.
ISBN: 1937518426
Category : Law
Languages : en
Pages : 452
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Book Description
This is the seventh edition of the Baker & McKenzie International Arbitration Yearbook, an annual series established by the Firm in 2007. This collection of articles is comprised of reports in key jurisdictions around the globe on arbitration. Leading lawyers of the Firm’s International Arbitration Practice Group, a division of the Firm’s Global Dispute Resolution Practice Group, report on recent developments in national laws relating to arbitration and address current arbitral trends and tendencies in the jurisdictions in which they practice. This Yearbook highlights the more important recent developments in international arbitration, without aspiring to be an exhaustive case reporter or a text-book to arbitration in the broad sense. This volume will prove a useful tool for those contemplating and using arbitration to resolve international business disputes.
Author:
Publisher: Kluwer Law International B.V.
ISBN: 9041159479
Category : Law
Languages : en
Pages : 606
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Book Description
The Yearbook Commercial Arbitration continues its longstanding commitment to serving as a primary resource for the international arbitration community with reporting on arbitral awards and court decisions applying the leading arbitration conventions, as well as on arbitration legislation and rules. Volume XL (2015) includes:; • excerpts of arbitral awards made under the auspices of the International Chamber of Commerce (ICC) and the Paris International Arbitration Chamber (CAIP); • notes on new and amended arbitration rules, including references to their online publication; • notes on recent developments in arbitration law and practice in Andorra, Australia, Belarus, Brazil, Comoros, the Democratic Republic of the Congo, the Dubai International Financial Centre (DIFC), Latvia, Slovakia, the State of Palestine, Turkey and the United States; • excerpts of 68 court decisions applying the 1958 New York Convention from 24 countries – including, for the first time, cases from Anguilla, Belarus and Latvia – all indexed by subject matter and linked to the General Editor's published commentaries on the New York Convention;; • an extensive Bibliography of recent books and journals on arbitration. The Yearbook is edited by the International Council for Commercial Arbitration (ICCA), the world's leading organization representing practitioners and academics in the field, with the assistance of the Permanent Court of Arbitration, The Hague. It is an essential tool for lawyers, business people and scholars involved in the practice and study of international arbitration.
Author: Anselmo Reyes
Publisher: Bloomsbury Publishing
ISBN: 1509910190
Category : Law
Languages : en
Pages : 351
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Book Description
The Developing World of Arbitration studies the recent emergence of Asia Pacific jurisdictions as regional or international arbitration centres, thanks to various reform efforts and initiatives. This book provides an up-to-date and comprehensive analysis of the ways in which arbitration law and practice have recently been reformed in Asia Pacific jurisdictions. Leading contributors across the Asia Pacific region analyse twelve major jurisdictions representing varying patterns and degrees of development, whether driven from top down, bottom up, or by some hybrid impetus. Setting the arbitration systems and reforms of each investigated jurisdiction in the context of its economic, political, and judicial dynamics, this book presents, for the first-time, a cross-jurisdiction comparative and contextual study of the developing world of arbitration in the Asia Pacific and contributes to comparative international arbitration literature from an Eastern perspective. It also aims to identify an Asia Pacific model of arbitration modernisation, one that may be distinct from a Western model, and predicts future trajectories of development and challenge in light of the ever increasing competition between Eastern- and Western-based arbitration centres. This edited collection will be an invaluable addition to the libraries of academics and practitioners in the field of international commercial arbitration.
Author: Dimitar Kondev
Publisher: John Wiley & Sons
ISBN: 111925180X
Category : Law
Languages : en
Pages : 408
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Book Description
Multi-Party and Multi-Contract Arbitration in the Construction Industry provides the first detailed review of multi-party arbitration in the international construction sector. Highly practical in approach, the detailed interpretation and assessment of the arbitration of multi-party disputes will facilitate understanding and decision making by arbitrators, clients and construction contractors.
Author: Tinahse Kondo
Publisher: African Sun Media
ISBN: 1990995020
Category : Business & Economics
Languages : en
Pages : 291
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Book Description
Zimbabwe has had a chaotic foreign direct investment (FDI) regime. This has created the need for a detailed volume on the most important developments around the protection and treatment of FDI, at not only a domestic level, but also at bilateral, regional and international levels. The author argues that while Zimbabwe has now harmonised, previously scattered legislation under the Zimbabwe Investment and Development Agency Act [Chapter 14:37] and taken measures to reverse (to varying degrees) controversial policies such as the land reform programme and the Indigestion and Economic Empowerment Policy, scepticism still prevails over the investor-friendliness of the FDI regime in Zimbabwe.
Author: Tim Lindsey
Publisher: Oxford University Press
ISBN: 0191665568
Category : Law
Languages : en
Pages : 577
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Book Description
Indonesia has a growing population of almost 300 million people, it is increasingly involved in world affairs, and has a booming economy. The need to better understand its unique, complex, and often obscure legal system, has become pressing. This is true across a wide range of sectors including, but not limited to, trade and investment, crime and terrorism, and human rights. Indonesia's democratization after the fall of Soeharto in 1998 triggered massive social and political changes that opened up this diverse, and formerly tightly-controlled, society. Law reform was a key driver of Indonesia's transformation and its full effect remains to be seen. This book offers clear and detailed explanations of the foundations of Indonesia's legal system in the context of its legal reform and rapid development. It offers succinct commentaries on a wide range of issues, examining the judicial process, the constitution, corruption and the court system, contract law, administrative law, foreign investment, taxation, Islamic law, and family law. It examines current substantive law and judicial interpretation and presents case studies of how the system operates in practice. Written in an accessible and engaging style, this book is an essential guide for readers seeking quick and clear answers to questions regarding the law and its application in Indonesia.
Author: Navin G. Ahuja
Publisher: Springer Nature
ISBN: 9811900752
Category : Law
Languages : en
Pages : 336
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Book Description
The book explores the definition and nature of guerrilla tactics in international commercial arbitration. It analyses various such tactics deployed (pre-Covid and during Covid times) and portrays them in a way that enables one to visualise how, and possibly why, they might be deployed. Attempts to codify ethical standards and rules regulating the behaviour of legal representatives in international arbitration are examined. The book covers a range of culture clashes, addresses several elephants in the room, and looks at factors inherent in the arbitral process that create opportunities and increase temptations to misbehave. It considers the remedies and sanctions available in international arbitration and compares them to those available to the courts in civil litigation. In addition to recommendations for future research, the book offers solutions to curb the problem in line with party autonomy and with a critical analysis. “This manuscript is an essential solutions-based text that not only addresses a comprehensive range of modern-day guerrilla tactics in international commercial arbitration but also offers thoughtful methods to deal with the shenanigans that parties may bring to the arbitral process.” - Chiann Bao, Independent Arbitrator, Arbitration Chambers and Vice President of the International Chamber of Commerce, Court of Arbitration “Dr. Ahuja’s book is a thoughtful and highly practical contribution to the study of procedures in international commercial arbitration. It is replete with scholarly analysis, careful treatment of authority, pragmatic insights and policy discussions. Any practitioner or student of international arbitration would benefit from this volume.” - Gary Born, Author, International Commercial Arbitration (3d ed. 2021) “A highly readable and informative book which identifies and analyses the numerous guerrilla tactics parties may attempt to deploy in international commercial arbitration, the factors which may encourage such behaviour, and practical mechanisms to keep the proceedings on track. Both erudite and practical, this book is a must-read for parties, counsel and arbitrators alike.” - Prof. Benjamin Hughes, Independent Arbitrator, The Arbitration Chambers “Guerrilla tactics are a pertinent problem in arbitration. Dr. Ahuja’s well written book not only describes the various tactics in a succinct way but provides extremely useful guidance on how to tackle them. It will be a primary source of reference for every practitioner faced with such tactics.” - Prof. Dr. Stefan Kröll, Chairman of the Board of Directors of the German Arbitration Institute (DIS) “Taming the Guerrilla in International Commercial Arbitration offers a refreshingly candid and balanced discussion of ‘sharp practices’ in international arbitration. The book collects a wealth of information on guerrilla tactics previously only available in separate survey reports, articles, and guidelines on the topic. It additionally includes a chapter addressing tactics deployed in virtual or remote arbitrations due to the Covid-19 pandemic. The comprehensive research and analysis presented in this book make it a valuable resource to counsel, parties, arbitrators, academics, and those who deliver practical arbitration training. A must-read for those who want to better understand the practices that may lead some to disfavor arbitration and ways the arbitration community can respond to guerrilla tactics to improve the arbitration process for all participants.” - Dana MacGrath, Independent Arbitrator, MacGrath Arbitration “From an unreasoned fiat of a wise man who left both sides equally unhappy but resolved the disputes effectively, arbitration has evolved into a full-scale trial before a party chosen tribunal. Its informality and expedition puts in peril the fundamental right of the recalcitrant to delay proceedings. Dr. Ahuja has assiduously articulated the measures, aptly christened Guerrilla Tactics, used to disrupt and derail arbitrations. An indispensable read for the practitioner and an insightful treatise for the policy maker.” - Harish Salve SA QC, Blackstone Chambers “This book shines a spotlight on arbitration’s dark arts - guerrilla tactics. Dr Ahuja illuminates this shadowy world with excellent (and much needed) scholarship that is practice-based and useful for all stakeholders in arbitration. His examination of the root causes of this problem, recommendations on how to control it, comparisons with litigation practice and suggestions for future research marvellously combine to make this a work that is required to be consulted by all serious counsel, arbitrators, institutions and academics in the field of arbitration.” - Romesh Weeramantry, Head, International Dispute Resolution, Centre for International Law, National University of Singapore
Author: Katia Fach Gomez
Publisher: Kluwer Law International B.V.
ISBN: 9403501359
Category : Law
Languages : en
Pages : 512
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Book Description
Worldwide interest in the recognition and enforcement of arbitral awards has never been higher, and the New York Convention of 1958, currently adhered to by 159 States including the major trading nations, remains the most successful treaty in this area of commercial law. This incomparable book, marking the Convention’s 60th anniversary, provides a fully updated analysis of the Convention’s application from international, comparative, and national perspectives. Drawing on a global conference held in Seville in April 2018 that was actively supported by UNCITRAL, the book’s 27 chapters, by highly qualified international practitioners and academics from different jurisdictions, address the subject with critical eyes, well aware of current developments and future challenges in the field of arbitration. Among the issues and topics covered are the following: Multi-tiered dispute resolution clauses. Applicability of the UN Convention on the Use of Electronic Communications in International Contracts. Complexities of enforcing orders determined by software. Enforcement of annulled awards. European Union law and the New York Convention. Enforcing awards against States and State entities. Sovereign immunity as a ground to refuse compliance with investor-State awards; Enforcement against non-signatories. Public policy exception. Arbitrating and enforcing foreign awards in specific countries and regions, including China, sub-Saharan Africa, and the ASEAN countries. Ample reference is made throughout to leading cases and practice. Familiarity with the intricacies of the New York Convention, as the most universally acknowledged framework in which cross-border economic exchanges can flourish, is essential for judges, practitioners, legal staff, business people, and scholars working with or applying international commercial arbitration anywhere in the world. This book’s combination of highly thought-provoking topics and the depth with which they are addressed will prove invaluable to all interested parties
Author: Diora Ziyaeva
Publisher: Juris Publishing, Inc.
ISBN: 1937518701
Category : Arbitration and award
Languages : en
Pages : 389
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Book Description
Interim and Emergency Relief In International Arbitration is a compilation of papers authored by some of the world’s leading international arbitration practitioners. It addresses issues relating to obtaining interim measure orders, including the relevant applicable standards such as irreparable harm that various international courts and tribunals, under the ICSID, UNCITRAL, ICC, SCC, and some domestic law jurisdictions often apply. It also touches upon theoretical and practical issues involving compliance with and enforcement of interim measures in international arbitration. These issues naturally are raised in the context of an ongoing discourse where tribunals have different, at times imperfect tactics for encouraging compliance with their interim measures including drawing adverse inferences, issuing diplomatic statements against a sovereign stopping just short of ordering interim measures, splitting the sum of security for costs and allowing for reimbursement, and levying heavier damages against the non-complying party without changing the substantive aspects of the award. This book explores these methods and identifies the latest trends in this exciting area of international law. Interim and Emergency Relief In International Arbitration is intended for arbitrators, practicing attorneys, representatives of international arbitral institutions and academics, all of whom will find this book very useful. The compilation of papers and presentations in the book cover a number of jurisdictions including East Asia, the Middle East, Europe and North America.
