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Author: Chittharanjan F. Amerasinghe
Publisher: BRILL
ISBN: 9004214763
Category : Law
Languages : en
Pages : 314
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Book Description
Examining the jurisdiction of international arbitral tribunals, International Arbitral Jurisdiction establishes general principles relating to such jurisdiction. The study refers to the principles of consent and its limitations, and also deals with such matters as interpretation of compromis and incidental jurisdiction.
Author: Chittharanjan F. Amerasinghe
Publisher: BRILL
ISBN: 9004214763
Category : Law
Languages : en
Pages : 314
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Book Description
Examining the jurisdiction of international arbitral tribunals, International Arbitral Jurisdiction establishes general principles relating to such jurisdiction. The study refers to the principles of consent and its limitations, and also deals with such matters as interpretation of compromis and incidental jurisdiction.
Author: Neil Kaplan
Publisher: Kluwer Law International B.V.
ISBN: 9041186387
Category : Law
Languages : en
Pages : 442
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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: Zheng Sophia Tang
Publisher: Routledge
ISBN: 113601344X
Category : Law
Languages : en
Pages : 312
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Book Description
Arbitration and jurisdiction agreements are frequently used in transnational commercial contracts to reduce risk, gain efficacy and acquire certainty and predictability. Because of the similarities between these two types of procedural autonomy agreements, they are often treated in a similar way by courts and practitioners. This book offers a comprehensive study of the prerequisites, effectiveness, and enforcement of exclusive jurisdiction and arbitration agreements in international dispute resolution. It examines whether jurisdiction and arbitration clauses have identical effects in private international law and whether they have been or should be given the same treatment by most countries in the world. By comparing the treatment of these clauses in the US, China, UK and EU, Zheng Sophia Tang demonstrates how, in practice, exclusive jurisdiction and arbitration agreements are enforced. The book considers whether the Hague Convention on Choice of Court Agreements could be treated as a litigating counterpart to the New York Convention, and whether it could work successfully to facilitate judicial cooperation and party autonomy in international commerce. This book breaks new ground in combining updated materials in EU, US and UK law with unique resources on Chinese law and practice. It will be valuable for academics and practitioners working in the field of private international law and international arbitration.
Author: Serena Forlati
Publisher: Springer
ISBN: 3319061798
Category : Law
Languages : en
Pages : 239
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Book Description
The International Court of Justice is the principal judicial organ of the United Nations, and epitomizes the very notion of international judicial institution. Yet, it decides inter-State disputes only with the parties’ consent. This makes it more similar to international arbitral tribunals than other international courts. However, the permanent nature of the Court, the predetermination of procedural rules by the Statute and the Rules of Court, the public character of proceedings, the opportunity for third States to intervene in a case under Articles 62 and 63 of the Statute and the Court's role as the principal judicial organ of the United Nations mark a structural difference between the ICJ and non-institutionalized international arbitral tribunals. This book analyses if and to what extent these features have influenced the approach of the ICJ (and of the PCIJ before it) to its own judicial function and have led it to depart from the principles established in international arbitration.
Author: Filippo Fontanelli
Publisher: BRILL
ISBN: 9004366490
Category : Law
Languages : en
Pages : 199
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Book Description
In this work, Filippo Fontanelli analyses the notions of jurisdiction and admissibility in investment arbitration. The first part takes stock of the arbitration practice. The second part interrogates these notions within the wider theory of international law and reveals the effects of their inherent fuzziness on the work of investment tribunals.
Author: Chittharanjan Félix Amerasinghe
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041118387
Category : Law
Languages : en
Pages : 952
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Book Description
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Author: Chittharanjan Felix Amerasinghe
Publisher: BRILL
ISBN: 9004162380
Category : Political Science
Languages : en
Pages : 621
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Book Description
This volume examines the jurisdiction, both contentious and advisory, of the ICJ as a specific permanent international court or tribunal but also brings together in one book the examination of the jurisdiction of certain other tribunals, not excluding most of the other four tribunals or groups of tribunals examined in Jurisdiction of International Tribunals by the same author. Material relating to them is expanded, re-examined and brought up to date. Hence, This volume covers the jurisdiction of: (i) the World Court, i.e., the ICJ and PCIJ a " both contentious and advisory jurisdiction, (ii) the leading International Administrative Tribunals, (iii) the ECHR, (iv) ICSID tribunals, (v) the WTO Panels and Appellate Body, and (vi) the ITLOS. The six systems for the judicial settlement of disputes chosen to be examined in this work are by far the most important in the modern era and deserve close attention.
Author: Sandra Synková
Publisher: Springer Science & Business Media
ISBN: 3319001345
Category : Law
Languages : en
Pages : 321
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Book Description
International arbitration has become the favored method of resolving disputes between business partners in almost every aspect of international trade, commerce, and investment. The resolution of a dispute by means of international arbitration provides the parties with an opportunity to resolve their disputes in a private, confidential, cost and time efficient manner before a neutral tribunal of their choice. However, challenges to arbitral jurisdiction have become a common practice in the field. Resolution of such challenges may significantly delay the resolution of the parties’ primary substantive dispute, increase overall dispute resolution costs and even whittle down the benefits of the parties’ bargain to arbitrate. Accordingly, adopting a proper approach to the resolution of such disputes becomes crucial to the efficacy of international arbitration as a system of dispute resolution. The present book provides a comparative analysis of the practice of three carefully selected legal orders: the English, German and Swiss and outlines possible ways forward. As the work strikes a balance between theory and practice, it will appeal to practitioners, researchers, but also students looking to develop their understanding of the international arbitration field.
Author: Emmanuel Gaillard
Publisher:
ISBN: 9781944825171
Category :
Languages : en
Pages : 548
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Book Description
Author: Emmanuel Gaillard
Publisher: Juris Publishing, Inc.
ISBN: 1933833335
Category : Arbitration and award
Languages : en
Pages : 506
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Book Description
In intemational arbitration, as in any other system of adjudication, finality of the decision must be balanced against the need to ensure that justice has been administered fairly. Because finality is one of its essential features, international arbitration has reached an equilibrium which guarantees to the parties a decision that cannot be appealed, while allowing a review of arbitral awards on limited grounds. The review of international arbitral awards was the topic of the inaugural IAI forum, on the occasion of which 50 prominent academics, judges, arbitrators and practitioners active in the field of international arbitration convened in the legendary Clos de Vougeot, in the heart of Burgundy for a two-day retreat. The presentations were followed by extensive discussion, the transcript of which is included in the present volume. The International Arbitration Institute (IAI) was established in Paris with the purpose of promoting communication and exchanges on current international arbitration issues. It now includes over 600 members residing in 44 countries. For further detail, see www.iaiparis.com.
