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Author: Malcolm Holmes (Barrister)
Publisher:
ISBN: 9780409341263
Category : International commercial arbitration
Languages : en
Pages :
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Book Description
Authoritative and updated, the second edition of The International Arbitration Act 1974: A Commentary is a detailed, analytical text providing guidance on the interpretation of key international arbitration legislation. Significantly, it also includes a detailed commentary on the UNCITRAL Model Law on International Commercial Arbitration and the Convention on the Settlement of Investment Disputes between States and Nationals of Other States. This text is the result of a fruitful collaboration between the co-authors, both of whom are practitioners andexperts in this area of law. The commentary follows the structure of the International Arbitration Act 1974 (Cth), making this an easy reference tool for practitioners and researchers. An extensive provisionby-provision commentary on the Act is provided, with extensive references to both relevant Australian case law and important judicial consideration from foreign jurisdictions. The legislative history of each provision is clearly set out, enabling readers to develop an in-depth understanding of the law. This text incorporates the changes to the Act made by the 2010 amendments, the Statute Law Revision Act 2011 (Cth) and the Civil Law and Justice Legislation Amendment Act 2015 (Cth). The International Arbitration Act 1974: A Commentary is an essential inclusion in the library of anyone teaching, practising or working in international arbitration in Australia.
Author: Malcolm Holmes (Barrister)
Publisher:
ISBN: 9780409341263
Category : International commercial arbitration
Languages : en
Pages :
Get Book
Book Description
Authoritative and updated, the second edition of The International Arbitration Act 1974: A Commentary is a detailed, analytical text providing guidance on the interpretation of key international arbitration legislation. Significantly, it also includes a detailed commentary on the UNCITRAL Model Law on International Commercial Arbitration and the Convention on the Settlement of Investment Disputes between States and Nationals of Other States. This text is the result of a fruitful collaboration between the co-authors, both of whom are practitioners andexperts in this area of law. The commentary follows the structure of the International Arbitration Act 1974 (Cth), making this an easy reference tool for practitioners and researchers. An extensive provisionby-provision commentary on the Act is provided, with extensive references to both relevant Australian case law and important judicial consideration from foreign jurisdictions. The legislative history of each provision is clearly set out, enabling readers to develop an in-depth understanding of the law. This text incorporates the changes to the Act made by the 2010 amendments, the Statute Law Revision Act 2011 (Cth) and the Civil Law and Justice Legislation Amendment Act 2015 (Cth). The International Arbitration Act 1974: A Commentary is an essential inclusion in the library of anyone teaching, practising or working in international arbitration in Australia.
Author:
Publisher:
ISBN: 9780409348149
Category :
Languages : en
Pages :
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Book Description
The International Arbitration Act 1974: A Commentary is an annotated guide to the international arbitration act including commentary on the legislation, the model law and the ICSID convention (the Convention on the settlement of investment disputes between states and nationals of other states). the third edition will update the authoritative guidance and commentary taking into account recent developments in case law and legislation which have evolved since the previous edition.
Author:
Publisher:
ISBN: 9780409348132
Category :
Languages : en
Pages :
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Book Description
The International Arbitration Act 1974: A Commentary is an annotated guide to the international arbitration act including commentary on the legislation, the model law and the ICSID convention (the Convention on the settlement of investment disputes between states and nationals of other states). the third edition will update the authoritative guidance and commentary taking into account recent developments in case law and legislation which have evolved since the previous edition.
Author: Gary B. Born
Publisher: Kluwer Law International B.V.
ISBN: 9041154159
Category : Law
Languages : en
Pages : 5391
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Book Description
The second edition of Gary Born's International Commercial Arbitration is an authoritative 4,408 page treatise, in three volumes, providing the most comprehensive commentary and analysis, on all aspects of the international commercial arbitration process, that is available. The first edition of International Commercial Arbitration is widely acknowledged as the preeminent commentary in the field. It was awarded the 2011 Certificate of Merit by the American Society of International Law and was voted the International Dispute Resolution Book of the Year by the Oil, Gas, Mining and Infrastructure Dispute Management list serve in 2010. The first edition has been extensively cited in national court decisions and arbitral awards around the world. The treatise comprehensively examines the law and practice of contemporary international commercial arbitration, thoroughly explicating all relevant international conventions, national arbitration statutes and institutional arbitration rules. It focuses on both international instruments (particularly the New York Convention) and national law provisions in all leading jurisdictions (including the UNCITRAL Model Law on International Commercial Arbitration). Practitioners, academics, clients, institutions and other users of international commercial arbitration will find clear and authoritative guidance in this work. The second edition of International Commercial Arbitration has been extensively revised, expanded and updated, to include all material legislative, judicial and arbitral authorities in the field of international arbitration prior to January 2014. It also includes expanded treatment of annulment, recognition of awards, counsel ethics, arbitrator independence and impartiality and applicable law. Overview of volumes: Volume I, covering International Arbitration Agreements,provides a comprehensive discussion of international commercial arbitration agreements. It includes chapters dealing with the legal framework for enforcing international arbitration agreements; the separability presumption; choice of law; formation and validity; nonarbitrability; competence-competence and the allocation of jurisdictional competence; the effects of arbitration agreements; interpretation and non-signatory issues. Volume II, covering International Arbitration Procedures, provides a detailed discussion of international arbitral procedures. It includes chapters dealing with the legal framework for international arbitral proceedings; the selection, challenge and replacement of arbitrators; the rights and duties of international arbitrators; selection of the arbitral seat; arbitration procedures; disclosure and discovery; provisional measures; consolidation, joinder and intervention; choice of substantive law; confidentiality; and legal representation and standards of professional conduct. Volume III, dealing with International Arbitral Awards, provides a detailed discussion of the issues arising from international arbitration awards. It includes chapters covering the form and contents of awards; the correction, interpretation and supplementation of awards; the annulment and confirmation of awards; the recognition and enforcement of arbitral awards; and issues of preclusion, lis pendens and staredecisis.
Author: Rolf A Schütze
Publisher: Bloomsbury Publishing
ISBN: 1782250808
Category : Law
Languages : en
Pages : 1512
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Book Description
International arbitration has become the preferred dispute resolution mechanism in cross-border disputes. In the course of time, ad hoc arbitration, where the parties have to create their own rules and procedures, has increasingly been replaced by institutional arbitration where a specialised institution with a permanent organisation provides assistance and a set of practice-proven rules. The services and rules provided by the various institutions of arbitration differ. In order to inform the potential parties and their counsels about the differences and to make the choice between the different arbitration regimes easier, and to offer guidance through the various provisions, this book provides a comprehensive article-by-article commentary of rules of arbitration of 14 important arbitration institutions: AAA (American Arbitration Association) CIEDAC (China International Economic and Trade Arbitration) DIAC (Dubai International Arbitration Centre) DIS (German Institution of Arbitration) ICC (International Court of Arbitration) ICSID (International Centre for Settlement of Investment Disputes) KLRCA (Kuala Lumpur Regional Centre for Arbitration) LCIA (The London Court of International Arbitration) MKAS (Moscow International Commercial Arbitration Court) SCC (Stockholm Chamber of Commerce Arbitration) SIAC (Singapore International Arbitration Centre) Swiss Rules UNCITRAL Rules Vienna Rules
Author: The Law The Law Library
Publisher: Createspace Independent Publishing Platform
ISBN: 9781720565949
Category :
Languages : en
Pages : 58
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Book Description
International Arbitration Act 1974 (Australia) (2018 Edition) The Law Library presents the complete text of the International Arbitration Act 1974 (Australia) (2018 Edition). Updated as of May 15, 2018 This book contains: - The complete text of the International Arbitration Act 1974 (Australia) (2018 Edition) - A table of contents with the page number of each section
Author: Herbert Kronke
Publisher: Kluwer Law International B.V.
ISBN: 9041123563
Category : Law
Languages : en
Pages : 674
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Book Description
The analysis thoroughly covers the major issues that have arisen in the application of the Convention, including the following: - the use of reservations made by Contracting States; - the distinctions between recognition and enforcement and between recognition sought at the seat of the arbitration and outside the seat; - the role of the courts in reviewing arbitral awards and, in particular, the Convention's focus on safeguarding due process standards; - the more favourable rightsA" principle embodied in Article VII(1); - the relevance of forum shopping and asset spotting to the application of the Convention; and - the role of formalities and formalism. The end result is an invaluable work that will prove enormously useful to all international commercial arbitration practitioners and scholars, regardless of location.
Author: Thomas H. Webster
Publisher: Sweet & Maxwell
ISBN: 0414044630
Category : Law
Languages : en
Pages : 1017
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Book Description
Handbook of ICC Arbitration provides expert analysis of the whole process of using and adhering to the ICC Arbitration Rules. It examines close up the diverse issues that can occur during an arbitration and hosts essential information related to arbitration on an international level with reference to published and unpublished awards and procedural orders, as well as to many decisions of national courts.
Author: Albert Marsman
Publisher: Kluwer Law International B.V.
ISBN: 9041156259
Category : Law
Languages : en
Pages : 874
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Book Description
International Arbitration in the Netherlands With a Commentary on the NAI and PCA Arbitration Rules Albert Marsman About this book: International Arbitration in the Netherlands is a detailed English-language commentary and analysis on how international arbitrations seated in the Netherlands proceed under the most commonly used sets of arbitration rules. The Netherlands, long known for its encouragement and facilitation of arbitration as a forum for the resolution of international disputes, frequently draws multinational corporations, States, and international organizations from all parts of the world for the conduct of international arbitration. Over the past decades, several of the world’s largest international arbitrations have been seated in the Netherlands, including numerous investment arbitrations under the auspices of the Permanent Court of Arbitration (PCA) in The Hague. This book contrasts the conduct of international arbitrations in the Netherlands with that in other jurisdictions. What’s in this book: By giving a complete insight into the primary sources of Dutch arbitration law – the Netherlands Arbitration Act of 2015 and its predecessor of 1986, its legislative materials, and published case law – the book includes such invaluable features as the following: 1,400 references to decisions of the Dutch State courts and arbitral tribunals seated in the Netherlands; more than 850 references to the legislative materials; extensive description of distinctions with the arbitration laws of England, France, Switzerland, Sweden, Singapore, as well as the UNCITRAL Model Law. complete commentary on the most recent version of the NAI Arbitration Rules and PCA Arbitration Rules; and extensive description of distinctions between the NAI Arbitration Rules and the PCA Rules, on the one hand, and the ICC Rules 2021 and the UNCITRAL Rules 2013 on the other. How this will help you: The book, focusing on the conduct of international arbitrations, is written by a highly experienced international arbitration counsel with extensive input from the members of the author’s firm. Arbitration practitioners, jurists, and academics worldwide are sure to appreciate the book’s incomparable scope and attention to detail.
Author: James H Carter
Publisher: Law Business Research Ltd.
ISBN: 1912377713
Category :
Languages : en
Pages : 592
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Book Description
The International Arbitration Review, edited by James H Carter of Wilmer Cutler Pickering Hale and Dorr, provides an analytical review of what has occurred in each of the important arbitration jurisdictions during the past year, capturing recent developments and putting them in the context of the jurisdiction's legal arbitration structure and selecting the most important matters for comment. In this book, leading practitioners seek to provide current information on both general international commercial arbitration and international investment arbitration, treating important investor-state dispute developments in each jurisdiction as a separate but closely related topic. There are in-depth examinations of arbitration in 41 jurisdictions as well as editorial chapters on The Impact of Corporate Taxation on Economic Losses, and overviews on ASEAN and Africa. Contributors include: Bart Legum, Michelle Bradfield and Jean-Christophe Honlet, Dentons; James Nicholson, FTI Consulting."e;This new and timely publication promises to tackle pressing and present day global concerns and to make valuable contributions to the ongoing dialogue on international arbitration"e; - Peter Tomka, President, International Court of Justice, The Hague"e;Comprehensive and topical, an excellent reference."e; - Professor Christine Mallin, University of Birmingham Business School"e;The most discursive and engaging survey of the world of arbitration today."e; - Jamie Maples, Weil Gotshal & Manges LLP
