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Author: Luke Nottage
Publisher: Edward Elgar Publishing
ISBN: 1800880820
Category : Law
Languages : en
Pages : 424
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Book Description
This thought-provoking book combines analysis of international commercial and investment treaty arbitration in order to examine how they have been framed by the twin tensions of ‘in/formalisation’ and ‘glocalisation’. Taking a comparative approach, the book focuses on Australia and Japan in their attempts to become regional hubs for international arbitration and dispute resolution services in the increasingly influential Asia-Pacific context as well as a global context.
Author: Luke Nottage
Publisher: Edward Elgar Publishing
ISBN: 1800880820
Category : Law
Languages : en
Pages : 424
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Book Description
This thought-provoking book combines analysis of international commercial and investment treaty arbitration in order to examine how they have been framed by the twin tensions of ‘in/formalisation’ and ‘glocalisation’. Taking a comparative approach, the book focuses on Australia and Japan in their attempts to become regional hubs for international arbitration and dispute resolution services in the increasingly influential Asia-Pacific context as well as a global context.
Author: Shahla Ali
Publisher: Kluwer Law International B.V.
ISBN: 940352863X
Category : Law
Languages : en
Pages : 313
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Book Description
International Arbitration Law Library Volume 59 The eastward shift in international dispute resolution has already involved initiatives not only to improve support for international commercial arbitration (ICA) and investor-state dispute settlement (ISDS) but also to develop alternatives such as international commercial courts and mediation. Focusing on these initiatives and their accompanying case law and trends in the Asia-Pacific region, this invaluable book challenges existing procedures and frameworks for cross-border dispute resolution in both commercial and treaty arbitration. Specially assembled for this project, an outstanding team of experienced and insightful arbitrators and scholars describes pertinent developments including: ICA and ISDS in the context of China’s Belt and Road Initiative; the Singapore Convention on Mediation; the shift to virtual hearings and other challenges from the COVID-19 pandemic; mistrust of the application of the rule of law in certain East Asian jurisdictions; growing public concern over ISDS arbitration; tensions between confidentiality and transparency; and potential regional harmonisation of the public policy exception to arbitral enforcement. The contributors chart evolving practices and high-profile cases to make informed observations about where changes are needed, as well as educated guesses about the chances of reforms being successful and the consequences if they are not. The main jurisdictions covered are China, Hong Kong, Japan, Malaysia, India, Australia and Singapore. The first in-depth study of recent trends in dispute resolution practice related to business in the Asia-Pacific region, the book’s practical analysis of new resources for dealing with the increasing competition among countries to become credible regional dispute resolution hubs will prove to be of great value to specialists in the international business law sector. Lawyers will be enabled to make informed decisions on which venue and dispute resolution methods are the most suitable for any specific dispute in the region, and policymakers will confidently assess emerging trends in international dispute resolution policy development and treaty-making.
Author: Stefan Kröll
Publisher: Cambridge University Press
ISBN: 1009302388
Category : Law
Languages : en
Pages : 3006
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Book Description
The Compendium, like an encyclopedia, contains entries for most of the foundational principles and concepts underlying arbitration. Each entry takes a holistic view of international arbitration, as they tackle core concepts from both a commercial and an investment arbitration perspective, focusing on the fundamental issues underlying the various topics rather than on the solutions adopted in any particular jurisdiction, thus making the Compendium a truly cross-border, transnational resource. This innovative approach will allow readers to identify the commonalities as well as the differences between commercial and investment arbitration, whether and where cross-fertilization has taken place and what consequences it can have. This approach allows the Compendium to be a tool in promoting the creation of a culture of international arbitration that considers commercial arbitration and investment arbitration as part of a whole but with certain distinct features particular to each.
Author: Ileana M. Smeureanu
Publisher: Kluwer Law International B.V.
ISBN: 9041132260
Category : Law
Languages : en
Pages : 242
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Book Description
After neutrality and international enforcement, the next most valued feature of international commercial arbitration is confidentiality. For reasons easy to imagine, businessmen do not want their trade secrets, business plans, strategies, contracts, financial results or any other types of business information to be publicly accessible, as would commonly happen in court proceedings. Yet the case law of arbitration shows that in practical terms confidentiality is not to be taken for granted - in fact, it has become one of the most undetermined matters in international arbitration. Although 'the emperor of arbitration may have clothes, ' as one scholar has quipped, his raiments of secrecy can be 'torn with surprising ease'. This book deciphers the current degree of confidentiality in international commercial arbitration as reflected by the most important arbitration rules, national laws, other arbitration-related enactments, and practices of arbitral tribunals and domestic courts globally. Drawing on this data and analysis, the author then sets forth criteria to assess the breach of confidentiality in international arbitration and the proper rules for protecting or sanctioning such breaches. What do we understand by confidentiality in arbitration? What are its limitations? Who is bound to observe it? How can we quantify its breach? In addressing these questions, the book engages such issues as the following: reasons for disclosure - e.g., for the establishment of a defence, for the enforcement of rights, in the public interest or in the interests of justice disclosure by consent, express or implied; circumstances triggering statutory obligation of disclosure; recent trends towards greater transparency in investor-State arbitration; court measures in support of arbitral confidentiality such as award of damages for breach of confidentiality; and categories of persons bound by confidentiality, including third parties such as witnesses and experts. Structured along the main stages of the arbitral process, the analysis covers the duty of confidentiality from the initiation of arbitral proceedings through their unfolding to the issuance of the award and after. The scope of confidentiality is reviewed in the practice of arbitral tribunals and domestic courts, and from the perspective of international arbitration institutions, with detailed attention to various arbitration rules and numerous significant cases. In its elucidation of the amount of confidentiality that 'veils' each phase of the arbitral process, and its ground-breaking identification of 'patterns of disclosure', this book is sure to raise awareness about the various facets and problems posed by confidentiality in arbitration. Although its scholarly contribution to the law of international commercial arbitration cannot be gainsaid, corporate counsel worldwide will quickly prize its more practical value.
Author: Arif Hyder Ali
Publisher: Kluwer Law International B.V.
ISBN: 904118919X
Category : Law
Languages : en
Pages : 547
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Book Description
The numerous arbitral regimes around the world differ in subtle yet complex ways. These variations can have a profound effect on the procedural rights and obligations of the parties. Broadly speaking, the choice of regime will impact the way in which an arbitration is conducted; its duration and expense; the outcome of the dispute; and the ultimate enforceability of the award. To inform the parties’ choice, this book is the first to deal specifically and in depth with a broad range of institutional and ad hoc arbitration rules on a comparative basis. It provides a practical guide to the rules in one book—a one-stop shop—from a distinctly “rule” and “guide” point of view. This book has its genesis in the authors’ experience as practitioners and educators in international commercial and investor-state arbitration—and as advisers to, and trainers for, arbitral institutions, arbitrators, judges and government officials around the world. This comprehensive, descriptive and analytical “road map” covers the broad range of issues addressed in nine representative major sets of arbitration rules. The authors detail the distinct ways in which rules governing such important issues as the following may differ among the various arbitral regimes: the governance structure and role of the administering institutions in the arbitration, including case management and administrative support; the critical and recommended issues to be established in the agreement to arbitrate, such as the place of arbitration and the governing law among others; the requirements and best practices for starting the arbitration on the right foot; the procedures for selecting, appointing and challenging arbitrators; the impact of the initial procedural conference on the proceedings; the rules on presenting the case in chief: written submissions, documentary evidence, witness and expert testimony and more; the costs and fees of leading institutions; the procedures and standards for award scrutiny and enforceability; and a range of special and innovative procedures such as expedited proceedings, interim relief and consolidation of proceedings. The comparative analysis is organized around the chronological phases of an international arbitration and supported by rule comparison tables and clear explanations of each step of the process. With this eminently practical book, contract negotiators, counsel and arbitrators can confidently navigate any international arbitration. Thorough coverage of the applicable rules and guidelines enables parties and/or the tribunal to design bespoke arbitration procedures based upon the various rules of leading regimes. Arbitral institutions can survey the different approaches and identify emerging best practices in the design and drafting of arbitral regimes. All in all, this volume is a useful guide and comprehensive framework of rules for both arbitration practitioners and users of arbitration services, as well as for students and teachers of international arbitration.
Author: Hege Elisabeth Kjos
Publisher: Oxford University Press
ISBN: 0199656959
Category : Law
Languages : en
Pages : 343
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Book Description
Investment arbitration has become the key forum to settle disputes between investors and the host state. It is not clear from the arbitration agreements which body of law the arbitrators should apply: national or international. This book examines how the legal framework which the arbitral panels operate in influences which body of law they apply.
Author: Margaret L. Moses
Publisher: Cambridge University Press
ISBN: 1139469975
Category : Law
Languages : en
Pages : 91
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Book Description
This title provides the reader with immediate access to understanding the world of international arbitration. Arbitration has become the dispute resolution method of choice in international transactions. This book explains how and why arbitration works. It provides the legal and regulatory framework for international arbitration, as well as practical strategies to follow and pitfalls to avoid. It is short and readable, but comprehensive in its coverage of the basic requirements, including changes in arbitration laws, rules, and guidelines. In the book, the author includes insights from numerous international arbitrators and counsel, who tell firsthand about their own experiences of arbitration and their views of the best arbitration practices. Throughout the book, the principles of arbitration are supported and explained by the practice, providing a concrete approach to an important means of resolving disputes.
Author: Filip Balcerzak
Publisher: BRILL
ISBN: 9004339000
Category : Law
Languages : en
Pages : 331
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Book Description
In Investor – state arbitration and human rights Filip Balcerzak examines the interrelations between human rights and international investment law. He discusses the place of human rights arguments in the course of arbitral proceedings based on investment treaties.
Author: Dimitrij Euler
Publisher: Cambridge University Press
ISBN: 1316299716
Category : Law
Languages : en
Pages : 413
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Book Description
The topic of transparency in international investment arbitration is gaining increasing attention. This in-depth commentary analyses the UNCITRAL Rules on Transparency in Treaty-Based Investor-State Arbitration, one of the most recent and innovative developments in international law. Focusing on the application of these rules, contributors analyse the issue of transparency in investment law more broadly and provide in-depth guidance on how to apply the UNCITRAL transparency rules. Chapters encompass all treaty-based disputes between investors and state, examining the perspectives of disputing parties, third parties, non-disputing state parties and arbitral tribunals. The contributors each have a strong background in investment arbitration, in both professional practice and academia. This commentary will be of interest to all actors involved in investment arbitrations, especially practitioners, counsels, NGOs and scholars in the fields of international law, commercial arbitration and investor-state arbitration.
Author: Gary B. Born
Publisher: Kluwer Law International B.V.
ISBN: 9403532548
Category : Law
Languages : en
Pages : 627
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Book Description
International Arbitration: Law and Practice (Third Edition) provides comprehensive and authoritative coverage of the basic principles and legal doctrines, and the practice, of international arbitration. The book contains a systematic, but concise, treatment of all aspects of the arbitral process, including international arbitration agreements, international arbitral proceedings and international arbitral awards. The Third Edition guides both students and practitioners through the entire arbitral process, beginning with drafting, enforcing and interpreting international arbitration agreements, to selecting arbitrators and conducting arbitral proceedings, to recognizing, enforcing and seeking to annul arbitral awards. The book is written in clear, accessible language, suited for both law students and non-specialist practitioners, as well as more experienced readers. This highly regarded work addresses both international commercial arbitration and the related fields of investment and state-to-state arbitration and is essential reading for any student of international arbitration and any practitioner seeking a complete introduction to the field. The Third Edition has been comprehensively updated to include recent legislative amendments, judicial decisions and arbitral awards. Among other things, the book provides detailed treatment of the New York Convention, the UNCITRAL Model Law on International Commercial Arbitration, all leading institutional arbitration rules (including ICC, SIAC, LCIA, AAA and others), the ICSID Convention and ICSID Arbitration Rules, and judicial decisions from leading jurisdictions. The Third Edition is integrated with the author’s classic International Commercial Arbitration and with the online Born International Arbitration Lectures, enabling students, teachers and practitioners to explore particular topics in more detail. About the Author: Gary B. Born is the world’s leading authority on international arbitration and litigation. He has practiced extensively in both fields in Europe, the United States, Asia and elsewhere. He is the author of International Commercial Arbitration (Kluwer Law International 3rd ed. 2021), International Arbitration and Forum Selection Agreements: Drafting and Enforcing (Kluwer Law International 6th ed. 2021), International Commercial Arbitration: Cases and Materials (Aspen 3rd ed. 2021) and International Civil Litigation in United States Courts (Aspen 6th ed. 2018).
