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Author: United States. Congress. Senate. Committee on Education and Labor
Publisher:
ISBN:
Category : Arbitration, Industrial
Languages : en
Pages : 50
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Book Description
Author: United States. Congress. Senate. Committee on Education and Labor
Publisher:
ISBN:
Category : Arbitration, Industrial
Languages : en
Pages : 50
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Book Description
Author: Great Britain. Ministry of Labour and National Service
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
Author: United States. Congress. House. Committee on Labor
Publisher:
ISBN:
Category : Arbitration, Industrial
Languages : en
Pages : 154
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Book Description
Author: Great Britain. National Arbitration Tribunal
Publisher:
ISBN:
Category :
Languages : en
Pages : 40
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Book Description
Author: Shelby Moore Cullom
Publisher:
ISBN:
Category : Arbitration, Industrial
Languages : en
Pages : 20
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Book Description
Author: Nadja Erk
Publisher:
ISBN: 9789041152640
Category : Law
Languages : en
Pages : 318
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Book Description
This book depicts and evaluates, in a European context, the pleas and actions which parties may make use of to dissolve the parallel jurisdiction of a national court and an arbitral tribunal. The author undertakes a thorough comparative analysis of the motivations for, and practice of, such pleas and actions with special regard to the major hubs where elaborate arbitration laws are tried and tested by the arbitration community - Germany, France, Switzerland, and England. 0On the basis of four scenarios of parallel proceedings before national courts and arbitral tribunals, the analysis tackles such issues and topics as the following: motivations for initiating parallel proceedings from the various parties' perspectives; remedies available to parties in situations of jurisdictional conflicts; effect of the principle of competence-competence on national courts' review of arbitration agreements; pleas restricting national courts' exercise of jurisdiction to a review of core principles (arbitration defence); self-restraining pleas independent of an arbitration agreement (plea of litispendence); actions for declaratory relief; actions aimed at restraining another court's or tribunal's jurisdiction (anti-suit/anti-arbitration injunctions); pleas invoked to avoid procedural inefficiencies and inconsistencies (plea of res judicata); counsel's duty of care and arbitral tribunal's mandate to issue an enforceable award; and litigation culture versus arbitration-friendliness.
Author: American Conference on International Arbitration
Publisher:
ISBN:
Category : Arbitration (International law)
Languages : en
Pages : 178
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Book Description
Author: Loukas A. Mistelis
Publisher: Juris Publishing, Inc.
ISBN: 1933833556
Category : Law
Languages : en
Pages : 624
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Book Description
As national arbitration institutions have proliferated and grown, they are more and more frequently being named in international agreements. This unique reference covers the full text of each institution’s rules and provides extensive commentary and analysis on each institution and its rules in practice.
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
Author: Maximilian Pika
Publisher: Kluwer Law International B.V.
ISBN: 9403512652
Category : Law
Languages : en
Pages : 700
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Book Description
The specialization and financial demand of global business render international transactions inherently multilateral and thus best effected through arbitration agreements. However, it often happens that – for various reasons, such as a debtor’s failure to pay damages ordered by an arbitral tribunal – third parties who did not consent to the original arbitration enter the scene. This is the first book to examine the binding effects of international commercial arbitral awards in follow-up disputes against third parties. It comprehensively analyses arbitral awards’ third-party effects under national arbitration laws, the New York Convention and private international law. Moreover, it proposes solutions under transnational law before both courts and arbitral tribunals. Applying a continuously comparative methodology that refers to specific statutory, jurisprudential and scholarly sources, this book explores the nature and implications of such aspects of third-party involvement as the following: the foundations of the doctrine of res judicata and its intrinsic connection to other tools of forum coordination; the distinction between res judicata before courts on the one hand and arbitral tribunals on the other; the application of non-mutual preclusion in favour of third parties; the potential for arbitral awards to constitute a fact in follow-up disputes; a comparison of rules and uncertainties on awards’ third-party effects under various national arbitration acts; preclusion agreements; the arbitration agreement’s scope; and judgments’ third-party effects as a shift of the participatory burden. For civil law, the author focuses on France and Switzerland (as predominant arbitral seats) and on Germany (as a Model Law example). Among common-law countries, he concentrates on England and Wales and on the United States. Statutory sources (with specific wording), leading cases and summaries of the most important scholarly discussions are all invoked. With its clear guidelines for matters currently not addressed in previous publications and likely to be raised in specific cases, this book will prove to be of immeasurable value for arbitration practitioners and academics in any jurisdiction. Business parties that seek to prevent contradicting decisions in multilateral transactions will appreciate the practically feasible alternatives it presents in the event of follow-up disputes involving third parties.
