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Author: Simpson Thacher & Bartlett
Publisher: Juris Publishing, Inc.
ISBN: 1929446500
Category : Law
Languages : en
Pages : 254
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Book Description
This is a unique work for those who are involved in international arbitration. Utilizing a chart of parallel provisions it compares the leading sets of Asian international arbitration rules. It was first created by Simpson as an internal reference tool. The Comparison of Asian International Arbitration Rules will be of great value in three distinct areas of international arbitration practice. First, in assisting clients in selecting arbitration rules and drafting arbitration provisions for their international commercial contracts. For example, where a client seeks to include a provision governing a specific procedural issue in an arbitration clause, the chart provides easy reference to the different provisions used in the leading sets of international arbitration rules. Second, the chart will assist in developing arguments on procedural issues in connection with representation of clients in international arbitration proceedings. Finally, comparison will facilitate evaluation by scholars, practitioners and the institutions themselves of the desirability and effectiveness of particular provisions in light of comparable ones. Compiling this chart was a challenging process, primarily because the various sets of international arbitration rules deal with specific procedural issues very differently. Additionally, one of the most difficult tasks in compiling this chart was deciding which sets of Asian international arbitration rules to include in the chart in light of space and formatting limitations. Ultimately various factors were considered in deciding which sets of rules to include in the chart. The China International Economic and Trade Arbitration Commission ("CIETAC"), Hong Kong International Arbitration Centre ("HKIAC"), Japan Commercial Arbitration Association ("JCAA"), Korean Commercial Arbitration Board ("KCAB"), and Singapore International Arbitration Centre ("SIAC") rules were included as leading sets of institutional Asian international arbitration rules. Other Asian institutional arbitration rules are not included simply for reasons of manageability and space. The arbitration rules of the United Nations Commission on International Trade ("UNCITRAL") were included as the preeminent set of ad hoc international arbitration rules, which are frequently used by parties in Asia as well as by Asian arbitration organizations, such as the HKIAC, as the basis for their institutional arbitration rules. The structure of this chart follows the structure of the second edition of our chart on international arbitration rules, in part, to facilitate the use of the two charts together. Like the second edition of the chart on international arbitration rules, this chart contains an index of topics with page references to assist in locating subjects in the rules, and the full texts of the sets of arbitration rules are included in an appendix for ease of reference
Author: Simpson Thacher & Bartlett
Publisher: Juris Publishing, Inc.
ISBN: 1929446500
Category : Law
Languages : en
Pages : 254
Get Book Here
Book Description
This is a unique work for those who are involved in international arbitration. Utilizing a chart of parallel provisions it compares the leading sets of Asian international arbitration rules. It was first created by Simpson as an internal reference tool. The Comparison of Asian International Arbitration Rules will be of great value in three distinct areas of international arbitration practice. First, in assisting clients in selecting arbitration rules and drafting arbitration provisions for their international commercial contracts. For example, where a client seeks to include a provision governing a specific procedural issue in an arbitration clause, the chart provides easy reference to the different provisions used in the leading sets of international arbitration rules. Second, the chart will assist in developing arguments on procedural issues in connection with representation of clients in international arbitration proceedings. Finally, comparison will facilitate evaluation by scholars, practitioners and the institutions themselves of the desirability and effectiveness of particular provisions in light of comparable ones. Compiling this chart was a challenging process, primarily because the various sets of international arbitration rules deal with specific procedural issues very differently. Additionally, one of the most difficult tasks in compiling this chart was deciding which sets of Asian international arbitration rules to include in the chart in light of space and formatting limitations. Ultimately various factors were considered in deciding which sets of rules to include in the chart. The China International Economic and Trade Arbitration Commission ("CIETAC"), Hong Kong International Arbitration Centre ("HKIAC"), Japan Commercial Arbitration Association ("JCAA"), Korean Commercial Arbitration Board ("KCAB"), and Singapore International Arbitration Centre ("SIAC") rules were included as leading sets of institutional Asian international arbitration rules. Other Asian institutional arbitration rules are not included simply for reasons of manageability and space. The arbitration rules of the United Nations Commission on International Trade ("UNCITRAL") were included as the preeminent set of ad hoc international arbitration rules, which are frequently used by parties in Asia as well as by Asian arbitration organizations, such as the HKIAC, as the basis for their institutional arbitration rules. The structure of this chart follows the structure of the second edition of our chart on international arbitration rules, in part, to facilitate the use of the two charts together. Like the second edition of the chart on international arbitration rules, this chart contains an index of topics with page references to assist in locating subjects in the rules, and the full texts of the sets of arbitration rules are included in an appendix for ease of reference
Author: Gary F. Bell
Publisher: Cambridge University Press
ISBN: 1107183979
Category : Language Arts & Disciplines
Languages : en
Pages : 461
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Book Description
Explores how the text and principles of the UNCITRAL Model Arbitration Law are implemented, or not, in key Asian jurisdictions.
Author: Neil Kaplan
Publisher: Kluwer Law International B.V.
ISBN: 9041186387
Category : Law
Languages : en
Pages : 552
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Book Description
The distinguished international lawyer Michael Pryles, who launched a meteoric career as an arbitrator after many years of teaching and writing on conflicts of law and other topics, has made a mark on arbitral law and practice that is recognized worldwide. In this book, over forty prominent arbitrators and arbitration scholars offer insightful essays on the thorny matters of jurisdiction, admissibility and choice of law in arbitration – topics which have long interested Professor Pryles and are of wide interest. Among the specific issues and topics examined are the following: • res judicata; • investment arbitration; • free trade agreements; • party autonomy; • application of provisional measures; • issue estoppel; • evidentiary inferences; • interim measures; • emergency and default proceedings; • the intersection of financing and jurisdiction; • consolidation of cases; and • non-contractual claims. Remarkable for its roster of highly distinguished contributors, this book is the only in-depth treatment of its subject. By turns thought-provoking and practical, it is bound to appeal to and be put to use by arbitrators and other lawyers who handle international cases. It will also prove of great value to global law firms and companies doing transnational business.
Author: Joel Dahlquist
Publisher: Kluwer Law International B.V.
ISBN: 9041159630
Category : Law
Languages : en
Pages : 306
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Book Description
Although short of attaining the ideal of a ‘substitute for war’, arbitration has largely succeeded in peacefully resolving international disputes. Beyond that, arbitral commitments and arbitral processes have deepened civilized and cooperative international relations, promoted the development of international law and international institutions, and facilitated the well-being of mankind in multiple important ways. Particulars of that proposition are set forth in this one-of-a-kind book. Each of the fourteen chapters is devoted to one landmark international arbitration case, primarily state-to-state but also includes commercial disputes with geopolitical dimensions. Each chapter is written by a practitioner and/or academic of high international standing. The project was initiated by the Stockholm Chamber of Commerce, which celebrates its centennial in 2017. By focusing on landmark cases, the book contributes to a continued dynamic development of dispute resolution in complicated or sensitive geopolitical contexts, and demonstrates how arbitration has and can continue to play an important role for international relations. Practitioners, political decision makers, and academics in any part of the world with an interest in international arbitration and international law or political history and policy on an international level will find it not only deeply informative but also immensely useful.
Author: Dr. Habib Al Mulla
Publisher: Juris Publishing, Inc.
ISBN: 1933833645
Category : Arbitration (International law).
Languages : en
Pages : 342
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Book Description
Comparison of MENA International Arbitration Rules is a companion volume to Comparison of Gulf International Arbitration Rules and contains a detailed chart of parallel provisions of leading sets of institutional arbitration rules used in the MENA jurisdictions, including Algeria, Egypt, Jordan, Lebanon, Morocco, Tunisia and Turkey. It follows the same structure as its companion volume. It is aimed at international legal counsel and business individuals who seek swift initial guidance on the core parameters of the various arbitration mechanisms available in the MENA region and to help draft healthy arbitration provisions for use in contracts involving business in the region.
Author: Michael J. Moser
Publisher: Juris Publishing, Inc.
ISBN: 1933833203
Category : Law
Languages : en
Pages : 844
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Book Description
Asia has witnessed an extraordinary growth in the use of international arbitration in the past two decades. Arbitration in Asia is an ideal reference to guide practitioners and business people in the proper selection of a suitable arbitral seat or jurisdiction in Asia. The book includes substantive chapters reflecting detailed commentary and analysis on 18 Asian jurisdictions from the area's leading arbitration practitioners and experts. The materials in this looseleaf volume provide a practical reference guide and resource tool for the law and practice of international commercial arbitration in Asia.
Author: Lawrence W. Newman
Publisher: Juris Publishing, Inc.
ISBN: 1937518337
Category : Law
Languages : en
Pages : 46
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Book Description
The Leading Arbitrators' Guide to International Arbitration Third Edition offers thoughtful advice and insights into the world of international arbitration from some of the most prominent and experienced international arbitrators in the world. The contributors are arbitrators from Australia, Belgium, Canada, Chile, Denmark, England, France, Germany, Italy, The Netherlands, Italy, Spain, Sweden, Switzerland and the USA. The contributors offer insights and advice on the way in which international arbitrations are carried out from the point of view of arbitrators reading pleadings and memorials and listening to witnesses and hearing arguments. The authors' discussions are intended to be thoughtful, insightful and useful - and perhaps, occasionally, iconoclastic. As a result, there may be instances in which the authors disagree with one another on certain points. This is to be expected for there are often many routes that can be taken to achieve a result. The book will be useful not only to persons who may serve as arbitrators in internatinoal arbitral proceedings but also to those who may, in their position as advocates, wish to persuade persons -- including, perhaps, the authors.
Author: David D. Caron
Publisher: OUP Oxford
ISBN: 0191665320
Category : Law
Languages : en
Pages : 4181
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Book Description
Reaching past the secrecy so often met in arbitration, the second edition of this commentary explains clearly and fully the workings of the UNCITRAL Rules of Arbitral Procedure recommended for use in 1976 by the United Nations. This new edition fully takes account of the revised Rules adopted in 2010 while maintaining coverage of the original Rules where these remain relevant. The differences between the old and the new Rules are clearly indicated and explained. Pulling together difficult to obtain sources from the Iran-United States Claims Tribunal, arbitrations under Chapter 11 of the North American Free Trade Agreement, and ad hoc arbitrations, it illuminates the shape the UNCITRAL Rules take in practice. The authors cogently critique that practice in the light of the negotiating history of the rules and solutions adopted by the other major private rules of arbitral procedure. To aid the specialist in the field, the practice of these various tribunals is extensively extracted and reproduced. Rich both in its analysis and sources, this text is indispensable for those working in or studying international arbitration.
Author: E. Ann Black
Publisher: Cambridge University Press
ISBN: 1139495836
Category : Law
Languages : en
Pages : 429
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Book Description
The study of Asia and its plural legal systems is of increasing significance, both within and outside Asia. Lawyers, whether in Australia, America or Europe, or working within an Asian jurisdiction, require a sound knowledge of how the law operates across this fast-growing and diverse region. Law and Legal Institutions of Asia is the first book to offer a comprehensive assessment of eleven key jurisdictions in Asia - China, Hong Kong, Taiwan, Japan, Korea, Vietnam, Malaysia, Indonesia, Brunei Darussalam, Singapore and the Philippines. Written by academics and practitioners with particular expertise in their state or territory, each chapter uses a breakthrough approach, facilitating cross-jurisdictional comparisons and giving essential insights into how law functions in different ways across the region and in each of the individual jurisdictions.
Author: Ilias Bantekas
Publisher: Cambridge University Press
ISBN: 9781108498234
Category : Law
Languages : en
Pages : 650
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Book Description
This book provides a comprehensive commentary on the UNCITRAL Model Law on International Arbitration. Combining both theory and practice, it is written by leading academics and practitioners from Europe, Asia and the Americas to ensure the book has a balanced international coverage. The book not only provides an article-by-article critical analysis, but also incorporates information on the reality of legal practice in UNCITRAL jurisdictions, ensuring it is more than a recitation of case law and variations in legal text. This is not a handbook for practitioners needing a supportive citation, but rather a guide for practitioners, legislators and academics to the reasons the Model Law was structured as it was, and the reasons variations have been adopted.
