Overriding Mandatory Rules in International Commercial Arbitration PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Overriding Mandatory Rules in International Commercial Arbitration PDF full book. Access full book title Overriding Mandatory Rules in International Commercial Arbitration by Hossein Fazilatfar. Download full books in PDF and EPUB format.
Author: Hossein Fazilatfar
Publisher: Edward Elgar Publishing
ISBN: 1788973852
Category : Law
Languages : en
Pages : 224
Get Book Here
Book Description
Overriding Mandatory Rules in International Commercial Arbitration discusses the applicability of mandatory rules of law in international commercial arbitration and addresses the concerns of the arbitrators and judges at various stages of arbitration and the enforcement of the award.
Author: Hossein Fazilatfar
Publisher: Edward Elgar Publishing
ISBN: 1788973852
Category : Law
Languages : en
Pages : 224
Get Book Here
Book Description
Overriding Mandatory Rules in International Commercial Arbitration discusses the applicability of mandatory rules of law in international commercial arbitration and addresses the concerns of the arbitrators and judges at various stages of arbitration and the enforcement of the award.
Author: Hristina Tsankova Marjanović
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
Get Book Here
Book Description
Author: Franco Ferrari
Publisher: Walter de Gruyter
ISBN: 3866539290
Category : Law
Languages : en
Pages : 481
Get Book Here
Book Description
Irrespective of the increasing harmonization of law at the transnational level, every arbitration raises a number of confl ict of laws problems relating to procedural questions as well as to issues concerning the merits of the case. Unlike a state court judge, the arbitrator has no "lex fori" in the proper sense providing the relevant confl ict rules to determine the applicable law. This raises the question of what confl ict of laws rules to apply and, consequently, of the extent of the freedom the arbitrator enjoys in dealing with this and related issues. The best example of the importance of confl ict of laws questions in arbitration is the Vivendi-Elektrim saga where the outcome of the various proceedings depended on the question of characterization. This very beneficial book is dealing with - the arbitration agreement, - the jurisdiction of the arbitral tribunal, - the law applicable to the merits and - the arbitration procedure.
Author: Tobias Zuberbühler,
Publisher: Juris Publishing, Inc.
ISBN: 1937518175
Category : Law
Languages : en
Pages : 592
Get Book Here
Book Description
***NO SALES RIGHTS IN SWITZERLAND*** This second edition of the first comprehensive commentary on the Swiss Rules of International Arbitration covers the new version of these rules which entered into force on 1 June 2012. It is a practical guide for arbitrators, counsel, state courts and persons involved in the conduct and administration of arbitral proceedings under the Swiss Rules. This commentary presents the new version of the Swiss Rules from a double perspective. On the one hand, it emphasizes the relationship between these Rules and the Swiss legal regime governing international arbitration, namely the provisions of chapter 12 of the Swiss Private International Law Statute. On the other hand, it puts these Rules in an international perspective by comparing them with the corresponding provisions of the other major institutional rules (ICC, LCIA, SCC, DIS, VIAC, SIAC, HKIAC, CIETAC, AAA/ ICDR, WIPO and ICSID) and with the provisions of the former edition of the rules. Finally, it highlights the main differences between the Swiss Rules and the UNCITRAL Arbitration Rules which were revised in 2010. This book is written by arbitration practitioners based in Switzerland who work with established law firms, widely experienced in international commercial arbitration. It is the work of a refreshing new generation of Swiss arbitration specialists. Two of the editors were members of the working group for the revision of the Swiss Rules and thus bring special insight into the book about the revision process.
Author: Gabrielle Kaufmann-Kohler
Publisher: Oxford University Press
ISBN: 0191669180
Category : Law
Languages : en
Pages : 691
Get Book Here
Book Description
This book expounds the theory of international arbitration law. It explains in easily accessible terms all the fundamentals of arbitration, from separability of the arbitration agreement to competence-competence over procedural autonomy, finality of the award, and many other concepts. It does so with a focus on international arbitration law and jurisprudence in Switzerland, a global leader in the field. With a broader reach than a commentary of Chapter 12 of the Swiss Private International Law Act, the discussion contains numerous references to comparative law and its developments in addition to an extensive review of the practice of international tribunals. Written by two well-known specialists - Professor Kaufmann-Kohler being one of the leading arbitrators worldwide and Professor Rigozzi one of the foremost experts in sports arbitration - the work reflects many years of experience in managing arbitral proceedings involving commercial, investment, and sports disputes. This expertise is the basis for the solutions proposed to resolve the many practical issues that may arise in the course of an arbitration. It also informs the discussion of the arbitration rules addressed in the book, from the ICC Arbitration Rules to the Swiss Rules of International Arbitration, the CAS Code, and the UNCITRAL Rules. While the book covers commercial and sports arbitrations primarily, it also applies to investment arbitrations conducted under rules other than the ICSID framework.
Author: Georges Affaki
Publisher:
ISBN: 9789284205271
Category : Arbitration (International law)
Languages : en
Pages : 0
Get Book Here
Book Description
Author: Emmanuel Obiora Igbokwe
Publisher: Kluwer Law International B.V.
ISBN: 9403520868
Category : Law
Languages : en
Pages : 455
Get Book Here
Book Description
International Arbitration Law Library, Volume 65 International commercial arbitration is by no means free from bribery and corruption. Although a plethora of legal scholarship clearly affirms this contention, a thorough study on the particularly important question of the authority and duty of international commercial arbitrators to investigate a suspicion or indication of bribery or corruption sua sponte ¬– that is, on their own initiative – has been surprisingly lacking. This important book fills this gap, inter alia, by locating sua sponte authority in the position of arbitral tribunals in establishing the facts of a case and ascertaining and applying the applicable normative standards. In addition to providing a comprehensive examination of how the issue of bribery and corruption is dealt with in contemporary international commercial arbitration, the book also highlights the role of arbitrators in global efforts to combat transnational commercial bribery and corruption. Among others, the following critical issues are thoroughly investigated: arbitrability of issues of public interests; intermediary contracts; role of arbitrators in the fact-finding process; party autonomy versus overriding mandatory rules; iura novit curia in international commercial arbitration in the context of bribery and corruption; notion of transnational (or ‘truly international’) public policy; arbitrators’ duty to act as guardians of international commerce; investigative tools available to arbitrators; dealing with manifestly recalcitrant parties; possible consequences of violating the obligation to sua sponte investigate; and the view from developing countries. The analysis leans primarily on Swiss law, as Switzerland is one of the most important jurisdictions in international commercial arbitration; Switzerland has also been involved in some of the most famous and controversial arbitration cases wherein bribery and corruption became an issue. However, the study also includes a comparative analysis of the relevant laws, jurisprudence, and doctrine of other major arbitration venues, particularly England, France, and Germany. Not only in the light it sheds on how and whether international commercial arbitrators have hitherto justified the trust States have placed in them regarding the protection of the public interests but also in the practical solutions it offers arbitrators faced with issues of bribery and corruption, this deeply researched book equips arbitration practitioners and arbitration institutions with a hitherto lacking in-depth analysis on the question of sua sponte investigation. It also provides invaluable insights on how this issue might affect the future, legitimacy and expansion of this dispute settlement mechanism. Outside the field of arbitration, the book also provides jurists, legal scholars, in-house counsel for companies doing transnational business and public officials with highly enlightening perspectives on the interaction between international commercial arbitration and public interests.
Author: Hossein Fazilatfar
Publisher:
ISBN:
Category : International commercial arbitration
Languages : en
Pages : 238
Get Book Here
Book Description
Author: Philippe Bärtsch
Publisher: Juris Publishing, Inc.
ISBN: 1937518388
Category : Law
Languages : en
Pages : 206
Get Book Here
Book Description
Arbitration Law of Switzerland is a comprehensive review of the arbitration law and practice in Switzerland. Contents include: A discussion of the history and current legislation on arbitration and arbitration infrastructure and practice. Analysis of the current law and practice including an examination of the arbitration agreement, jurisdiction, arbitrability, the arbitral tribunal, conducting arbitration, the arbitral award and challenges and other actions against the award. A useful chapter on the recognition and enforcement of awards rendered both in Switzerland and in foreign jurisdictions and a comprehensive chapter covering the Swiss Rules of International Arbitration and the practices of the Swiss Chambers’ Arbitration Institution.
Author: Nathalie Voser
Publisher: Juris Publishing, Inc.
ISBN: 1937518493
Category : Arbitration and award
Languages : en
Pages : 331
Get Book Here
Book Description
On the occasion of the 10th anniversary of the Swiss Rules of International Arbitration, the ASA decided to devote its annual conference in January 2014 to this topic. This volume of the ASA Special Series contains the written versions of all the presentations given during this conference. Most of the contributions were based on the verbatim protocol which was prepared on the conference day and thus retain their informal speaking style. In their 10 years of existence, the Swiss Rules have established themselves as modern arbitration rules, offering a user efficient and transparent arbitral proceedings. Probably the most distinguishing feature of the Swiss Rules with regard to the administration of the cases is their "light touch" as applied by the Swiss Chambers' Arbitration Institution, reserving however a supervisory function for its Court. This volume is structured along the panels of the conference. The first panel addressed the history and the background of the Rules as well as their main characteristics. The second and the third panels explore the key features of the revised Swiss Rules, namely the consolidation and joinder provisions, the set-off and counter-claim provisions, the expedited procedure, provisional measures and the emergency arbitrator as well as provisions on confidentiality and settlement facilitation. While the fourth panel provided the insiders’ view into how the Institution administers its cases, the fifth and last panel discussed the perspectives of the users, the arbitrators and counsel as well as their experiences with the Swiss Rules.
