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Author: JAMES. KWAN
Publisher:
ISBN: 9781944825607
Category :
Languages : en
Pages : 0
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Author: JAMES. KWAN
Publisher:
ISBN: 9781944825607
Category :
Languages : en
Pages : 0
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Book Description
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:
Publisher:
ISBN:
Category : Arbitration agreements, Commercial
Languages : en
Pages :
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Author: Simpson Thacher & Bartlett LLP
Publisher: Juris Publishing, Inc.
ISBN: 1937518167
Category : Law
Languages : en
Pages : 322
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Book Description
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.
Author: Mauro Rubino-Sammartano
Publisher: Juris Publishing, Inc.
ISBN: 1937518159
Category : Arbitration (International law)
Languages : en
Pages : 2072
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Book Description
This third edition of International Arbitration Law and Practice has been largely enriched by covering international commercial arbitrations, investment treaty arbitrations, arbitrations between public bodies, between states and individuals, the UNCITRAL model law and Iran-US Tribunal proceedings as well as commodity arbitration, online arbitration and sports arbitral proceedings. International Arbitration Law and Practice, 3rd edition elaborates new concepts such as a definition of international arbitration based on procedural law (different from transnational law) and a doctrine (the tronc commun doctrine) to identify the applicable substantive law on disputes between parties belonging to different countries. It further suggests that a law of international arbitration has arisen from the various conventions and laws. Besides dealing with all the aspects of arbitration on a topic by topic basis, the writer presents a third generation arbitration which builds on analysis of major obstacles to a smooth running arbitration.International Arbitration Law and Practice, 3rd edition is a work that anyone involved in arbitral proceedings will find to be absolutely indispensable.
Author: Philipp Habegger
Publisher: Juris Publishing, Inc.
ISBN: 1937518132
Category : Law
Languages : en
Pages : 214
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Book Description
The internal organisation and practices of operation of arbitral institutions are often not transparent and are rarely addressed in public discussions among arbitration practitioners. To shed some light on aspects of the internal organisation and operation of these institutions, ASA asked the MIDS (Geneva LLM in International Dispute Settlement) to conduct a broad survey of arbitral institutions based on a detailed questionnaire. The results are summarized in Chapter 1 of this volume. The further Chapters of this volume contain the presentations of the speakers at the ASA conference of 9 September 2011. They discuss responsibilities of the institutions in administering arbitration cases under their sets of rules in the different phases of an arbitral proceeding, from the constitution of the arbitral tribunal to supervision and quality control to financial aspects, such as cost control and the potential liability of arbitrators. In sum, this volume of the ASA Special Series contains a lot of interesting information for all arbitration practitioners and users of institutional arbitration services.
Author: Carl F. Goodman
Publisher: Kluwer Law International B.V.
ISBN: 9041186751
Category : Law
Languages : en
Pages : 538
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Book Description
Practitioners who deal with Japanese law have put great store by earlier editions of this major work, which systematically compares United States (US) law and Japanese law across all the major fields of legal practice. This fourth revised edition updates the work with the continuing dramatic changes in Japan’s legal system, including changes in criminal trials, disclosures to defense counsel of evidence to be used by the prosecution, the increasing use of recordings of interrogation sessions, and the impact of the indigenous movement for judicial reform. All chapters have been updated. In the fourth revised edition, which follows the same comparative structure as formerly, author Carl Goodman ̄ an internationally known authority with extensive experience in international practice, university teaching in both Japan and the US, and US government service — takes expert stock of new developments, including the following: • the Cabinet’s Declaration reinterpreting the Renunciation of War Clause in the Constitution and legislation following such reinterpretation; • interpretation of new rules for international jurisdiction of Japanese courts, including the new law’s effect on mirror image lawsuits filed in Japan; • the Supreme Court’s rulings dealing with the presumption of paternity, the waiting period for remarriage after divorce, and inheritance rights of “out of wedlock children”; • international and domestic Japanese child custody; • unanticipated consequences of criminal trials before the new mixed lay/professional panels; • debate concerning the Emperor’s announcement of his desired abdication; and • an update of Japan’s experiment with new graduate legal faculties. Although the alteration of the legal landscape in Japan is highly visible, the author does not hesitate to raise questions as to how far-reaching the changes really are. In almost every branch of the new Japanese legal practice he uncovers ways in which laws and judicial rulings are closely qualified and are likely to present challenges in any given case. He reminds the reader in each chapter that “what you see may not be what you get”. For this reason, and for its comprehensive coverage, this new edition is sure to gain new adherents as the best-informed practical guide for non-Japanese lawyers with dealings in Japan.
Author: Dr. Habib Al Mulla
Publisher: Juris Publishing, Inc.
ISBN: 1933833602
Category : Arbitration agreements, Commercial
Languages : en
Pages : 348
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Book Description
Comparison of Gulf International Arbitration Rules has been inspired by its sister publications, Comparison of Asian International Arbitration Rules and Comparison of International Arbitration Rules, which were prepared by Simpson Thacher & Bartlett LLP and published by Juris Publishing in 2003 and 2008 respectively. This volume sets forth the main arbitration rules and regulations available in the Middle East region and provides a basis of comparison on their efficiency and cost-effectiveness Due to the great number of arbitration institutions that have been forming across the Middle East over the past couple of decades the present overview is confined to the most commonly-used sets of rules in the Gulf region: the Arbitration Rules of the 2007 Dubai International Arbitration Centre (the “DIAC Arbitration Rules”), the 2008 Arbitration Rules of the Dubai International Financial Centre-London Court of International Arbitration (the “DIFC-LCIA Arbitration Rules”), the 1993 Arbitration Regulations of the Abu Dhabi Commercial Conciliation and Arbitration Centre (the “ADDCAC Rules”), the 2006 Arbitration Rules of the Qatar International Centre for Commercial Arbitration (the “QICCA Arbitration Rules”), the 1994 Arbitration Rules of the Gulf Cooperation Council (GCC) Commercial Arbitration Centre (the “GCC Arbitration Rules”) and the 2009 Arbitration Rules of the American Arbitration Association/Bahrain Chamber for Dispute Resolution (the “AAA/BCDR Arbitration Rules”). Due to their increasing prominence for ad hoc arbitration in the region, the 2005 Arbitration Rules of the Qatar Financial Centre (the “QFC Arbitration Rules”) and the 1976 Arbitration Rules of the United Nations Commission on International Trade Law (UNCITRAL) (the “UNCITRAL Rules”) including recent 2010 revisions are included. Full sets of these rules are appended to the comparative chart that makes up the core of this publication. There is also a comparative table on costs and fees to give the reader a clear idea of filing, administrative and arbitrators’ costs under the various arbitration rules. The comparative entries in the chart on parallel provisions of the various sets of arbitration rules follows a logical self-explanatory sequence, mapping the course of an arbitration from the commencement of the proceedings to the issuance of the final award. The first two headline entries on the “arbitration clause” and the “arbitral institution” are meant to provide relevant framework information and to assist the client in swiftly identifying the standard wording of an arbitration clause under the relevant rules (to avoid any debilitating pathologies in the famous midnight drafting process of commercial contracts) as well as the main services and functions provided by the arbitration institution concerned. The arrangement of the information and data provided in the various entries is meant to facilitate consultation of the rules on particular comparative aspects, which we hope is further assisted by the detailed table of contents contained at the very beginning of the volume.
Author: Association for International Arbitration
Publisher: Maklu
ISBN: 904660263X
Category : Law
Languages : en
Pages : 162
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Book Description
A prosperous economy goes hand in hand with a competent, impartial, and efficient legal system. International investment is only possible when the business parties are confident that adequate dispute resolution possibilities exist. A conference on "Arbitration in China" was held by the Association for International Arbitration (AIA) in March 2009. This book - a product of the conference - highlights the newest opportunities and updates - for lawyers, arbitrators, mediators, and investors - about arbitration and mediation in the event a dispute were to arise with Chinese partners. The book includes the conference's opening remarks, presented by the president of the AIA, Johan Billiet, who highlights the differences between Chinese and 'Western' arbitration. Other contributions include: the issue of mediation and arbitration in China * International Chamber of Commerce arbitration in China * arbitration differences between China International Economic and Trade Arbitration Commission and other Asian institutions, such as Hong Kong International Arbitration Center, Singapore International Arbitration Center, Korean Commercial Arbitration Board, and Japan Commercial Arbitration Association * recent developments in Chinese arbitration * the issue of recognition and enforcement of arbitral awards in China.
Author: Richard Chernick
Publisher: Juris Publishing, Inc.
ISBN: 1933833750
Category : Law
Languages : en
Pages : 1198
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Book Description
The Practitioner's Handbook on International Arbitration and Mediation, 3rd Edition is a unique work with each chapter written by a well-known practitioner and expert in the field. It covers each step of the international arbitration and mediation process and offers separate chapters that summarize the laws of leading arbitral venues. This Handbook is intended to make the reader into a better practitioner or arbitrator/mediator. Moreover, each chapter has been written to provide practical advice and guidance. Unlike many works with multiple authors, this work is not simply a collection of essays on a general subject. This book is a unified work with cross references among the chapters and a consistent format throughout. The Practitioner's Handbook is divided into three parts. Part One describes in detail each step of the international arbitration process and offers tips. Part Two deals with each step and facet of an international mediation. Each of these chapters is filled with Practitioners’ Expert Commentary. Part Three summarizes the laws of leading arbitral jurisdictions, like Hong Kong, England, Switzerland, and France. These chapters give you detailed guidance on the laws governing international arbitration in that particular jurisdiction. As a result, the chapters in Part Three are a bit more technical as the authors realized that the reader would need citations to and commentary on the local arbitration statutes and rules. The CD ROM that accompanies this Work contains relevant original source material that is germane to the text. A review of the table of contents of the material contained on the CD ROM will acquaint you with the range of material covered.
