Author: Miguel Gomez Jene
Publisher: Kluwer Law International B.V.
ISBN: 9041187847
Category : Law
Languages : en
Pages : 394
Get Book Here
Book Description
International Commercial Arbitration in Spain Miguel Gómez Jene Although this book will be of inestimable value to comparative law and arbitration specialists, it provides especially useful guidance for practitioners confronting specific questions during an arbitration with a seat in Spain or an award to be enforced in Spain. The author, a prominent Spanish lawyer and legal scholar, describes in detail all the relevant areas of international commercial arbitration under Spanish and applicable European and international law, with a rigorous analysis of the international, comparative, and internal jurisprudence embedded in Spanish regulation of international commercial arbitration. Twelve expository chapters explicitly follow the scheme of the Spanish Arbitration Act, and two introductory chapters cover the international and European instruments of international commercial arbitration as applied in Spain. The author covers such key principles and customary practices as the following: criteria to determine internationality; formal validity and effects of arbitration agreements; communications, service and computation of time limits; arbitrability; appointment, selection and removal of arbitrators; cases in which an arbitrator may be held liable; when an arbitrator may grant interim measures; pleading and evidence of foreign law; effect of insolvency; limitation of judicial intervention and court jurisdiction; judicial proceeding to set aside an arbitral award; and recognition and enforcement of arbitral awards. An up-to-date, indispensable tool for all professionals working in the world of international arbitration, this one-of-a-kind book will be welcomed by arbitrators, lawyers practising as counsel or arbitrators, global law firms, companies doing transnational business, arbitration academics and international arbitration centres.
Author: Miguel Gomez Jene
Publisher:
ISBN: 9789041187833
Category :
Languages : en
Pages : 408
Get Book Here
Book Description
International Commercial Arbitration in Spain' focuses on the Spanish legal framework (Arbitration Act 2003) and the international conventions. Although this book will be of inestimable value to comparative law and arbitration specialists, it provides useful guidance for practitioners confronting specific questions during an arbitration with a seat in Spain or an award to be enforced in Spain. As far as Spain is a Member State of the European Union, the influence of some European regulations and the jurisprudence of the Court of Justice are carefully studied. The author, a prominent Spanish lawyer and legal scholar, describes in detail all the relevant areas of international commercial arbitration under Spanish and applicable European and international law, with a rigorous analysis of the international, comparative, and internal jurisprudence embedded in Spanish regulation of international commercial arbitration.00Twelve expository chapters explicitly follow the scheme of the Spanish Arbitration Act, and two introductory chapters cover the international and European instruments of international commercial arbitration as applied in Spain.
Author: Margaret L. Moses
Publisher: Cambridge University Press
ISBN: 1139469975
Category : Law
Languages : en
Pages : 91
Get Book Here
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: Eduardo Cobos Cárdenas
Publisher:
ISBN:
Category : Arbitration (International law)
Languages : en
Pages : 32
Get Book Here
Book Description
Author: Stephan Balthasar
Publisher:
ISBN: 9783848712847
Category :
Languages : en
Pages : 550
Get Book Here
Book Description
Author: Bernardo María Cremades
Publisher: Butterworth-Heinemann
ISBN:
Category : Law
Languages : en
Pages : 200
Get Book Here
Book Description
Arbitration in Spain is designed for two audiences: students of arbitration and practitioners. To some extent the two have different needs, and this book tries to satisfy the requirements of both audiences. For example, many of the contributions provide insight into the parliamentary discussions and proposals which took place at the time when the law was being debated in Congress, and thus offers an historical perspective for the student or arbitration. For the practitioner the book provides a step-by-step approach to the intricate world of Spanish arbitration.
Author: Stephan Balthasar
Publisher:
ISBN: 9781509948710
Category : Conflict of laws
Languages : en
Pages : 915
Get Book Here
Book Description
Author: Pedro J. Martinez-Fraga
Publisher: Cambridge University Press
ISBN: 1139478052
Category : Law
Languages : en
Pages : 405
Get Book Here
Book Description
This text traces the contours of US doctrinal developments concerning international commercial arbitration. It explores international commercial arbitration as a bridge that creates symmetry between what the author perceives as an anomaly arising from the disparities between the monolithic framework arising from economic globalization and a fragmented global judicial counterpart. Specifically, American common law discovery precepts are analyzed through the prism of the fundamental precepts of party-autonomy, predictability, uniformity, and transparency of spender, which the author contends to be the rudimentary tenets of both the American common law procedural rubric and the very principles that international commercial arbitration seeks not only to preserve but to enhance. Therefore, as the author asserts, the discovery process endemic to American common law comports more closely with international commercial arbitration both procedurally and theoretically than with those of the 'taking of evidence' methodology commonly used in international commercial arbitrations held under the auspices of arbitral institutional bodies.
Author: American Arbitration Association
Publisher: Juris Publishing, Inc.
ISBN: 1933833483
Category : Arbitration and award, International
Languages : en
Pages : 492
Get Book Here
Book Description
Assembled from Dispute Resolution Journal - the flagship publication of the American Arbitration Association - the chapters in the Handbook have all, where necessary, been revised and updated prior to publication. The book is succinct, comprehensive and a practical introduction to the use of arbitration and ADR, written by leading practitioners and scholars. The Handbook contains valuable guidance on international commercial arbitration, including the management of arbitration disputes, how to select an international arbitral institution, an explanation of the effect of international public policy, the duties of arbitrators, the presentation and evaluation of evidence in international arbitration, and how to arbitrate against a state sovereign. The enforcement of international arbitral awards is explored, including interim relief and problems with enforcement, the New York Convention, parallel proceedings, and pivotal decisions such as Chromalloy and TermoRio. International mediation is also examined, including guidelines for selecting the best mediator for an international dispute, the power of mediation to resolve international commercial disputes, and the differences in U.S. and European approaches. Lastly, the section on investment and trade arbitration and mediation explores bilateral investment treaties, examines WTO arbitration procedures, offers advice on saving time and money in cross-border commercial disputes, and provides guidance for U.S. investors to follow in dealing with sovereign states. The chapters in the Handbook were selected from an extensive body of writings and, in the main, represent world-class assessments of arbitration and ADR practice. All the major facets of the field are addressed and provide the reader with comprehensive and accurate information, lucid evaluations, and an indication of future developments. They not only acquaint, but also ground the reader in the field.
Author: Alfonso Ortega Giménez
Publisher:
ISBN: 9788418980374
Category :
Languages : en
Pages : 170
Get Book Here
Book Description
