Swiss Rules of International Arbitration - Second Edition 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 Swiss Rules of International Arbitration - Second Edition PDF full book. Access full book title Swiss Rules of International Arbitration - Second Edition by Tobias Zuberbühler,. Download full books in PDF and EPUB format.
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: 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: Dr. Manuel Arroyo
Publisher: Kluwer Law International B.V.
ISBN: 9041192743
Category : Law
Languages : en
Pages : 2862
Get Book Here
Book Description
Arbitration in Switzerland
Author: Elliott Geisinger
Publisher:
ISBN: 9789041138484
Category : Law
Languages : en
Pages : 446
Get Book Here
Book Description
A convenient, neutral location, with a long-standing tradition of arbitration, arbitrationfriendly legislation, arbitration-supportive courts, and an exemplary infrastructure for all of these reasons, parties often choose Switzerland as their preferred seat of arbitration. Switzerland continues to therefore play a leading role in the field of arbitration.
Author: Gabrielle Kaufmann-Kohler
Publisher: Oxford University Press
ISBN: 0191669199
Category : Law
Languages : en
Pages : 732
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: Thomas D. Halket
Publisher: Juris Publishing, Inc.
ISBN: 193383367X
Category : Arbitration and award, International
Languages : en
Pages : 652
Get Book Here
Book Description
The Arbitration of International Intellectual Property Disputes, which is designed not only for arbitration counsel and arbitrators but also for in-house counsel and transactional lawyers, provides a thorough guide to the use of arbitration to resolve these disputes. Both practical as well as scholarly, it starts by exploring how and why arbitration can provide the best way to resolve these disputes and how to draft an effective arbitration provision. It then covers the principal unique issues which can arise in the arbitration itself, from choosing the tribunal through confidentiality, discovery, validity determinations, choice of law, provisional and final remedies and enforceability. With the world more and more dependent upon technology of all types, the continued and growing importance of intellectual property cannot be understated. There has been, and will continue to be, an accompanying explosion in the number and complexity of transactions in which intellectual property is a critical, if not the critical, element. Many of these transactions cross national boundaries; as do the disputes which inevitably arise from them. But international intellectual property disputes present complexities not encountered in either intellectual property disputes which are confined to one country or other international commercial disputes. The Arbitration of International Intellectual Property Disputes will serve as a handy reference and guide for navigating through the complex maze of intellectual property and arbitration.
Author: Reto Marghitola
Publisher: Kluwer Law International B.V.
ISBN: 9041166971
Category : Law
Languages : en
Pages : 343
Get Book Here
Book Description
Because document production can discover written evidence that would otherwise not be available, it is often the key to winning a case. However, document production proceedings can be a costly and time-consuming exercise, and arbitral awards in particular are often challenged on grounds that relate to document production orders. The task of balancing the conflicting interests of the parties in this context is a major responsibility of arbitral tribunals. This book's analysis focuses on whether there exist legal principles on which arbitrators should establish rules of document production in both civil law and common law countries, and shows how international arbitration is affected. The author examines the relevant discretion of arbitral tribunals under US, English, Swiss, German, and Austrian law, and under nine of the most important sets of institutional rules, including the ICC Rules, the LCIA Rules, and the Swiss Rules. The presentation mines case law and legal literature for concepts based on the common expectations of the parties, the legitimate expectations of a party, the duty to balance different procedural expectations of the parties, the presumed intent of the parties, the underlying hypothetical bargain, implied terms, and the arbitrators' discretion. Among the topics and issues investigated are the following: - procedural rules on document production versus procedural flexibility; - how arbitral tribunals can modify the IBA Rules on a case-by-case basis; - discretion granted by legislation in each country covered; - electronic document production; - how to deal with privilege and confidentiality objections; - how to formulate or answer document production requests; - effective sanctions in case of non-compliance with procedural orders of the arbitral tribunal; - what grounds for annulment and non-enforcement a losing party can raise in what countries. Perhaps the greatest benefit of the book is the inclusion of model clauses, commensurate with both civil law and common law expectations. The author explicates the advantages and inconveniences of each model clause, and clarifies the influence of each clause on the efficiency of the proceedings and the enforcement risk. For practitioners, the book not only gives counsel a thorough overview of possible arguments for and against document production, but also assists arbitrators find a way through the jungle of opinions on the interpretation of the IBA Rules. Legal academics will appreciate the author's deeply informed analysis and commentary and the book's contribution to increasing the predictability of arbitral decisions on document production and showing how issues in dispute can be narrowed by tailor-made rules, thus helping to raise the efficiency and reduce the costs of arbitral proceedings.
Author: Paul D. Friedland
Publisher: Juris Publishing, Inc.
ISBN: 1933833068
Category : Law
Languages : en
Pages : 368
Get Book Here
Book Description
"This book, by a leading international arbitration practitioner, offers suggested language for every option that a drafter of an international arbitration clause may need. Following a succinct assessment of the choice between arbitration and litigation and commentary on the choices among arbitration fora and formats, the author presents an accessible how-to for drafting. While other works offer theory and a smattering of drafting tips, there is no other comprehensive collection of workable language, presented accessibly with easy-to-reference appendices. This book will be a standard reference for both in-house counsel and outside practitioners. This book provides, in an accessible format, clauses that address all the significant issues that contracting parties face, and in any event should consider, when they decide to draft a dispute resolution clause for an international contract. Those who wish immediate access to suggested language may turn directly to the Appendices. Those who wish to understand the analysis that leads to the suggested language should read the text."--Publisher's website.
Author: Martin F. Gusy
Publisher: Oxford University Press, USA
ISBN: 0199596840
Category : Law
Languages : en
Pages : 439
Get Book Here
Book Description
A rule-by-rule commentary on the genesis, interpretation and application of the International Centre for Dispute Resolution (ICDR) Rules. The book is designed to give arbitrators, practitioners and academics a first port of call when considering ICDR arbitration, and provide the first stand-alone comprehensive commentary on these important rules.
Author: R. Doak Bishop
Publisher: Juris Publishing, Inc.
ISBN: 1933833610
Category : Arbitration (International law)
Languages : en
Pages : 668
Get Book Here
Book Description
Written by today’s leading arbitrators and counsel, this remarkably candid guide provides insight into the practitioner’s approach, conduct, style, and techniques that have proven most effective. While the facts and the law are fundamental, a successful outcome is the product of painstaking document review, witness interviews, legal research, strategizing and focusing the case, and developing compelling written and oral presentations. How to properly perform these tasks is the subject of this book. And where the first edition focused mainly on the cultural differences in advocacy performed in various regions of the world, this new edition expands on this theme by addressing each functional aspect of an international arbitration and the techniques that have been developed for good written and oral advocacy. Intended to assist both the novice in learning the techniques of advocacy, and the experienced advocate in improving his skills, this is an essential reference.
Author: Stephen M. Schwebel
Publisher: Cambridge University Press
ISBN: 0521768020
Category : Law
Languages : en
Pages : 355
Get Book Here
Book Description
Considers the vitality of the international arbitral process through an updated examination of three salient problems.
