Foreign-related Arbitration in China: Introduction; Part I. Arbitration Agreements in China: 1. Characteristics of arbitration agreements in China; 2. Features of foreign-related arbitration agreements; 3. Specific issues arising from cases; 4. Pro-validation approaches to arbitration agreements; Part II. Arbitration Procedures in China: 5. Features of arbitration procedures in China; 6. Specific issues arising from cases; 7. Pro-arbitration approaches to arbitral procedures; Part III. Arbitral Awards in China: 8. Features of arbitral awards in China; 9. Recognition and enforcement of foreign-related and foreign arbitral awards; 10. Specific issues arising from cases; 11. Pro-enforcement approaches to international arbitral awards. Volume 2: Part IV. Cases

Foreign-related Arbitration in China: Introduction; Part I. Arbitration Agreements in China: 1. Characteristics of arbitration agreements in China; 2. Features of foreign-related arbitration agreements; 3. Specific issues arising from cases; 4. Pro-validation approaches to arbitration agreements; Part II. Arbitration Procedures in China: 5. Features of arbitration procedures in China; 6. Specific issues arising from cases; 7. Pro-arbitration approaches to arbitral procedures; Part III. Arbitral Awards in China: 8. Features of arbitral awards in China; 9. Recognition and enforcement of foreign-related and foreign arbitral awards; 10. Specific issues arising from cases; 11. Pro-enforcement approaches to international arbitral awards. Volume 2: Part IV. Cases PDF Author: Fan Yang
Publisher:
ISBN: 9781107082199
Category : Law
Languages : en
Pages : 1688

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Book Description
"This overview and analysis of current arbitration law and practice in mainland China offers critical analysis of significant Chinese arbitration law materials and key cases decided by the Supreme People's Court of the People's Republic of China (PRC). It also provides the full texts of around two hundred decisions of the Supreme People's Court of the PRC dating from 1990 to 2013, with enclosures of lower People's Courts' decisions presented in a systematic fashion. The analysis not only highlights the importance of the materials, judicial interpretations and key cases, but also enables readers to read mainland Chinese statutes, judiciary interpretations and cases independently and confidently"--

Foreign-related Arbitration in China: Introduction; Part I. Arbitration Agreements in China: 1. Characteristics of arbitration agreements in China; 2. Features of foreign-related arbitration agreements; 3. Specific issues arising from cases; 4. Pro-validation approaches to arbitration agreements; Part II. Arbitration Procedures in China: 5. Features of arbitration procedures in China; 6. Specific issues arising from cases; 7. Pro-arbitration approaches to arbitral procedures; Part III. Arbitral Awards in China: 8. Features of arbitral awards in China; 9. Recognition and enforcement of foreign-related and foreign arbitral awards; 10. Specific issues arising from cases; 11. Pro-enforcement approaches to international arbitral awards. Volume 2: Part IV. Cases

Foreign-related Arbitration in China: Introduction; Part I. Arbitration Agreements in China: 1. Characteristics of arbitration agreements in China; 2. Features of foreign-related arbitration agreements; 3. Specific issues arising from cases; 4. Pro-validation approaches to arbitration agreements; Part II. Arbitration Procedures in China: 5. Features of arbitration procedures in China; 6. Specific issues arising from cases; 7. Pro-arbitration approaches to arbitral procedures; Part III. Arbitral Awards in China: 8. Features of arbitral awards in China; 9. Recognition and enforcement of foreign-related and foreign arbitral awards; 10. Specific issues arising from cases; 11. Pro-enforcement approaches to international arbitral awards. Volume 2: Part IV. Cases PDF Author: Fan Yang
Publisher:
ISBN: 9781107082199
Category : Law
Languages : en
Pages : 1688

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Book Description
"This overview and analysis of current arbitration law and practice in mainland China offers critical analysis of significant Chinese arbitration law materials and key cases decided by the Supreme People's Court of the People's Republic of China (PRC). It also provides the full texts of around two hundred decisions of the Supreme People's Court of the PRC dating from 1990 to 2013, with enclosures of lower People's Courts' decisions presented in a systematic fashion. The analysis not only highlights the importance of the materials, judicial interpretations and key cases, but also enables readers to read mainland Chinese statutes, judiciary interpretations and cases independently and confidently"--

The South China Sea Arbitration Awards

The South China Sea Arbitration Awards PDF Author: Zhongguo guo ji fa xue hui
Publisher:
ISBN: 9787119115047
Category :
Languages : zh-CN
Pages :

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Book Description


UNCITRAL Secretariat Guide on the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958)

UNCITRAL Secretariat Guide on the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958) PDF 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.

United Nations Yearbook of the International Law Commission

United Nations Yearbook of the International Law Commission PDF Author: United Nations. International Law Commission
Publisher:
ISBN:
Category : International law
Languages : en
Pages :

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Book Description


UNCITRAL 2012 Digest of Case Law on the Model Law on International Commercial Arbitration

UNCITRAL 2012 Digest of Case Law on the Model Law on International Commercial Arbitration PDF Author: United Nations Commission on International Trade Law
Publisher:
ISBN: 9789211337938
Category : Political Science
Languages : en
Pages : 0

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Book Description
This publication contains a presentation of case laws rendered in jurisdictions having enacted the UNCITRAL Model Law on International Commercial Arbitration. In light of the large number of cases collected, the Commission requested a tool specifically designed to present selected information on the interpretation and application of the Model Law in a clear, concise and objective manner. This request originated the UNCITRAL Digest of Case Law on the UNCITRAL Model Law on International Commercial Arbitration. The purpose of the digest is to assist in the dissemination of information on the Model Law and further promote its adoption as well as its uniform interpretation and application. In addition, the digest is meant to help judges, government officials, arbitrators, practitioners and academics use more efficiently the case law relating to the UNCITRAL text.

Third-Party Funding in International Arbitration

Third-Party Funding in International Arbitration PDF Author: Lisa Bench Nieuwveld
Publisher: Kluwer Law International B.V.
ISBN: 9041161120
Category : Law
Languages : en
Pages : 363

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Book Description
Since the first edition of this invaluable book in 2012, third-party funding has become more mainstream in international arbitration practice. However, since even the existence of a third-party funding agreement in a dispute is often kept secret, it can be difficult to glean the specifics of successful funding agreements. This welcome book, now updated, expertly reveals the nuances of third-party funding in international arbitration, examines the phenomenon in key jurisdictions, and provides a reliable resource for users and potential users that may wish to tap into and make use of this distinctive funding tool. Focusing on Australia, the United Kingdom, the United States, Germany, the Netherlands, Canada, and South Africa, the authors analyze and assess the legal regime based upon legislation, judicial opinions, ethics opinions, and practitioner anecdotes describing the state of third-party funding in each jurisdiction. In addition to updating summaries of the law of the various jurisdictions, the second edition includes a new chapter addressing third-party funding in investor-state arbitration. Among the issues raised and examined are the following: · payment of adverse costs; · “Before-the-Event” (BTE) and “After-the-Event” (ATE) insurance; · attorney financing: pro bono representation, contingency representation, conditional fee arrangements; · loans; · ethical doctrines affecting the third-party funding industry; · possible future bundling, securitization, and trading of legal claims; · risk that the funder may put its own interests ahead of the client’s interests; and · whether the existence of a funding agreement must or should be disclosed to the decision maker. The second edition also includes discussion of recent institutional developments as they relate to third-party funding, including the work of the ICCA-Queen Mary Task Force on Third-Party Funding and how third-party funding is being incorporated into arbitral rules and investment treaties. Ably providing a thorough understanding of what third-party funding entails and what legal parameters exist, this book will be of compelling interest to parties aiming to take advantage of the high values, speed, reduced evidentiary costs, outcome predictability, industry expertise, and high award enforceability characteristic of the third-party funding arrangements available in international arbitration.

Arbitrability

Arbitrability PDF Author: Loukas A. Mistelis
Publisher: Kluwer Law International B.V.
ISBN: 9041127305
Category : Law
Languages : en
Pages : 410

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Book Description
It often seems today that no dispute is barred from resolution by arbitration. Even the fundamental question of whether a dispute falls under the exclusive jurisdiction of a judicial body may itself be arbitrable. Arbitrability is thus an elusive concept; yet a systematic study of it, as this book shows, yields innumerable guidelines and insights that are of substantial value to arbitral practice. Although the book takes the form of a collection of essays, it is designed as a comprehensive commentary on practical issues that emerge from the idea of arbitrability. Fifteen leading academics and practitioners from Europe and the United States each explore different facets of arbitrability always with a perspective open to international developments and comparative evaluation of standards. The presentation falls into two parts: in the first the focus is on the general features of arbitrability, its rationale and the laws applicable to it. In the second, arbitrability is specifically examined in the context of administrative, criminal, corporate, IP, financial, commercial, and criminal law This book has its origins in an International Conference on Arbitrability held at Athens in September 2005. Seven papers presented there are here reviewed and updated, and nine others are added. The subject of the book and– arbitrability and– is one that is much talked about, but seldom if ever given the in-depth treatment presented here. Arbitrators and other practitioners in the field will welcome the way the analysis moves logically from theory to practice regarding every issue, and academics will recognize a definitive treatment of arbitrability as understood and applied in the settlement of disputes today.

Bulletin of the Atomic Scientists

Bulletin of the Atomic Scientists PDF Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 64

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Book Description
The Bulletin of the Atomic Scientists is the premier public resource on scientific and technological developments that impact global security. Founded by Manhattan Project Scientists, the Bulletin's iconic "Doomsday Clock" stimulates solutions for a safer world.

Excessive Maritime Claims

Excessive Maritime Claims PDF Author: J. Ashley Roach
Publisher: Martinus Nijhoff Publishers
ISBN: 9004217738
Category : Law
Languages : en
Pages : 998

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Book Description
This title is designed for law of the sea and maritime law specialists. The coverage includes current affairs in martime law such as submarine cables, polar areas, environmental protection, sovereign immunity and sunken ships, and maritime law enforcement.

The UNCITRAL Model Law and Asian Arbitration Laws

The UNCITRAL Model Law and Asian Arbitration Laws PDF 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.