L'évolution de l'arbitrage international au 20. siècle PDF Download
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Author: Ebrahím Teymouri
Publisher:
ISBN:
Category :
Languages : fr
Pages : 164
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Book Description
Author: Ebrahím Teymouri
Publisher:
ISBN:
Category :
Languages : fr
Pages : 164
Get Book Here
Book Description
Author: Ebrahim Teymouri
Publisher:
ISBN:
Category :
Languages : fr
Pages :
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Book Description
Author: Ebrahim Teymouri
Publisher:
ISBN:
Category :
Languages : en
Pages : 168
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Book Description
Author: Ibrāhīm Tīmūrī
Publisher:
ISBN:
Category :
Languages : fr
Pages : 164
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Book Description
Author: Ebrahim Teymouri
Publisher:
ISBN:
Category :
Languages : fr
Pages : 164
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Book Description
Author: Ebrāhīm Teymūrī
Publisher:
ISBN:
Category : Arbitration (International law)
Languages : fr
Pages : 164
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Book Description
Author: Thomas Willing Balch
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Author: Th. W. Balch
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Author: Alfonso Gómez-Acebo
Publisher: Kluwer Law International B.V.
ISBN: 9041166858
Category : Law
Languages : en
Pages : 240
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Book Description
The agreement of disputing parties to each make a unilateral appointment of an arbitrator is among the most distinctive features of arbitral practice. A detailed examination, long overdue, of how this feature affects the actual process of arbitration is presented in this book. The study includes a historical analysis of unilateral nominations, a critical assessment of how the unilateral appointments system currently works and an empirical study of challenges of arbitrators. The author's critical assessment addresses several issues including: - limits to the right of the parties to make unilateral appointments; - the principle of equality of the parties in the constitution of the arbitral tribunal; - arbitrators’ duty to be impartial and independent; - specific problems of bias in tribunals with party-appointed members; - the question of whether a different standard of impartiality and independence in party-appointed arbitrators makes any sense; - the presumption that party-appointed arbitrators can do things that presiding arbitrators cannot; and - the question of whether it is worth keeping the system of unilateral appointments as the default method for the constitution of multiple-member tribunals, or keeping it at all. The empirical study, in which the author offers a comparative analysis of challenges of arbitrators taking into account the method of appointment of the arbitrator, reveals interesting differences and coincidences between party-appointed and non-party-appointed arbitrators. The book ends with some suggestions on how the system of unilateral appointments could be improved, namely in order to increase the trust of each party in the arbitrator appointed by the other party and to allow an accurate match between what arbitration end-users may want from party-appointed arbitrators and what they ultimately get. For both its thorough and well-informed analysis and its sound recommendations, the book is sure to be welcomed by professionals in the arbitral community worldwide, as well as by arbitration law academics.
Author: Jean Kalicki
Publisher: Kluwer Law International B.V.
ISBN: 9403520434
Category : Law
Languages : en
Pages : 1099
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Book Description
What is it about international arbitration that makes it so open to evolution and adaptation? What are the main pressure points today and the unmet needs of stakeholders? What are the opportunities for expansion to new sectors and new audiences? What are the drivers for change, the obstacles and the risks? And equally important, what are the core principles that should never be lost? These were the topics of the Twenty-Fourth ICCA Congress, held in Sydney, Australia, in April 2018, the proceedings of which are collected in this volume. The volume highlights arbitration as a ‘living organism’ that has adapted in the past to various challenges, and that today – under attack from various quarters – might need to demonstrate its adaptability again. Accordingly, the contributions address the evolving needs of users, the impact of the rapidly changing face of technology, the expectations of the public, and the convergence and divergence of different aspects of legal traditions and cultures. Topical issues of interest for practitioners, academics, and students of arbitration include the following: legitimacy and authority of arbitrators, institutions and professional organizations to act as lawmakers; investment treaty reform, with particular reference to the definition of ‘investment,’ the evolution of substantive treaty standards, and sustainable development obligations; commercial arbitration reform, including issues of public and private interest, the development of common law, and cost, delay and transparency concerns; revisiting party autonomy in choosing decision-makers, including through institutional appointments or investment courts; equality of arms, the economics of access, and the role of costs and third-party funding; public-private disputes and special issues that arise when State entities arbitrate; public participation and transparency, and their effect on both ISDS and commercial arbitration; revisiting conventional wisdom in organizing arbitral proceedings; lessons to be learned from other dispute resolution frameworks; technology as friend and enemy, including new tools, new threats, and cybersecurity; arbitration of disputes in conflict and post-conflict zones; inter-generational blame and praise in investment arbitration; and the emergence of sovereign wealth funds as arbitration participants. A special section on ‘New Frontiers in Arbitration’ offers enlightening perspectives on new types of claims and new types of stakeholders likely to affect the future of international arbitration, including the potential for climate change disputes and enlarged participation.
