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Author: Reto Marghitola
Publisher: Kluwer Law International B.V.
ISBN: 9041166971
Category : Law
Languages : en
Pages : 343
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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: Reto Marghitola
Publisher: Kluwer Law International B.V.
ISBN: 9041166971
Category : Law
Languages : en
Pages : 343
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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: Grant Hanessian
Publisher: Juris Publishing, Inc.
ISBN: 1933833211
Category : Law
Languages : en
Pages : 490
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Book Description
Baker & McKenzie, has one of the world's largest and most successful international arbitration practices. This book, written by members of the International Dispute Resolution Practice Group of Baker & McKenzie and others, provides a practical, experience-based guide to international arbitration. Each chapter begins with a "checklist" of issues to be considered at each stage of arbitration. Topics include drafting arbitration clauses, commencement of the case, staying court proceedings, compelling arbitration, selection of the tribunal, provisional relief, conduct of hearings and enforcement of awards, among many others. Law and practice in each of the world's major arbitration centers is discussed. Appendices provide ready access to arbitration treaties, statutes and rules. This book will be a standard reference for in-house counsel and outside practitioners.
Author: R. Doak Bishop
Publisher: Juris Publishing, Inc.
ISBN: 1933833610
Category : Arbitration (International law)
Languages : en
Pages : 668
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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: Nathan O'Malley
Publisher: Taylor & Francis
ISBN: 1317200373
Category : Law
Languages : en
Pages : 521
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Book Description
Now in a fully updated second edition, Rules of Evidence in International Arbitration: An Annotated Guide remains an invaluable reference for lawyers, arbitrators and in-house counsel involved in cross-border dispute resolution. Drawing on current case law, this book looks at the common issues brought up by the evidentiary procedure in international arbitration. Features of this book include: An international scope, which will inform readers from around the world A focus on evidentiary procedure, with extensive case-based commentary and examples Extensive annotations, which allow the reader to locate key precedents for use in practice This book gives essential insight into best practice for practitioners of international arbitration. Readers of this publication will gain a fuller understanding of accepted solutions to difficult procedural issues, as well as the fundamental due process considerations of the use of evidence in international arbitration.
Author: ICC Institute of World Business Law. Meeting
Publisher: Kluwer Law International
ISBN: 9789041160942
Category : Arbitration (International law)
Languages : en
Pages : 0
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Book Description
General Characteristics of Recoverable Damages in International Arbitration /Paul-A. Gélinas --Mitigation of Damages /Alexander S. Komarov --The Expectation Model /Jan Paulsson --The Obligation to Mitigate Damages /Yasuhei Taniguchi --Punitive and Exemplary Damages in International Arbitration /Jacques Werner --Damages in Investor-State Arbitration: Applicable Law and Burden of Proof /Hugo Perezcano Diaz --Recovery of Damages for Breach of an Obligation of Payment /Nayla Comair-Obeid --Means to be Made Whole: Damages in the Context of International Investment Arbitration /Henry Weisburg and Christopher Ryan --Problems of Delay and Disruption Damages in International Construction Arbitration /Mr. Justice Vivian Ramsey --The Parties' Costs of Arbitration /Bernard Hanotiau.
Author: American Arbitration Association
Publisher: Juris Publishing, Inc.
ISBN: 1933833475
Category : Law
Languages : en
Pages : 428
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Book Description
The AAA Handbook on Arbitration Practice assembles from Dispute Resolution Journal - the flagship publication of the American Arbitration Association - and other sources the latest thinking on arbitration and dispute resolution. All chapters, where necessary, have been revised and updated by the authors to insure that they represent the most current developments in law and practice. The Handbook is a succinct, comprehensive and a practical introduction to the use of arbitration, written by leading practitioners and scholars, it provides essential orientation and is a "must" for anyone with an interest in the field - from the seasoned to the neophyte. The AAA Handbook on Arbitration Practice brings to the arbitration and dispute resolution professional the latest thinking on arbitration from world-renowned specialists in the field. The chapters in this work were selected from an extensive body of writings and, in the main, represent world-class assessments of arbitration and dispute resolution practice. All the major facets of the field are addressed. The chapters provide the reader with comprehensive and accurate information, lucid evaluations, and useful practical guidance. They not only acquaint, but also ground the reader in the field.
Author: Laurent Lévy
Publisher: Kluwer Law International
ISBN: 9789041199843
Category : Arbitration (International law)
Languages : en
Pages : 184
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Book Description
Foreword --Introduction --Expedited Proceedings in International Arbitration --Expedited Rules and the Possibility of Immediate Measures once a Tribunal is Constituted --The Uniform Domain Name Dispute Resolution Policy --Sports Arbitration and the Inherent Need for Speed and Effectiveness --Rediscovering the Lost Promise of International Arbitration --Expedited Institutional Arbitral Proceedings Between Autonomy and Regulation --Conclusion --About the Authors.
Author: Gary B. Born
Publisher: Kluwer Law International B.V.
ISBN: 9403532548
Category : Law
Languages : en
Pages : 627
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Book Description
International Arbitration: Law and Practice (Third Edition) provides comprehensive and authoritative coverage of the basic principles and legal doctrines, and the practice, of international arbitration. The book contains a systematic, but concise, treatment of all aspects of the arbitral process, including international arbitration agreements, international arbitral proceedings and international arbitral awards. The Third Edition guides both students and practitioners through the entire arbitral process, beginning with drafting, enforcing and interpreting international arbitration agreements, to selecting arbitrators and conducting arbitral proceedings, to recognizing, enforcing and seeking to annul arbitral awards. The book is written in clear, accessible language, suited for both law students and non-specialist practitioners, as well as more experienced readers. This highly regarded work addresses both international commercial arbitration and the related fields of investment and state-to-state arbitration and is essential reading for any student of international arbitration and any practitioner seeking a complete introduction to the field. The Third Edition has been comprehensively updated to include recent legislative amendments, judicial decisions and arbitral awards. Among other things, the book provides detailed treatment of the New York Convention, the UNCITRAL Model Law on International Commercial Arbitration, all leading institutional arbitration rules (including ICC, SIAC, LCIA, AAA and others), the ICSID Convention and ICSID Arbitration Rules, and judicial decisions from leading jurisdictions. The Third Edition is integrated with the author’s classic International Commercial Arbitration and with the online Born International Arbitration Lectures, enabling students, teachers and practitioners to explore particular topics in more detail. About the Author: Gary B. Born is the world’s leading authority on international arbitration and litigation. He has practiced extensively in both fields in Europe, the United States, Asia and elsewhere. He is the author of International Commercial Arbitration (Kluwer Law International 3rd ed. 2021), International Arbitration and Forum Selection Agreements: Drafting and Enforcing (Kluwer Law International 6th ed. 2021), International Commercial Arbitration: Cases and Materials (Aspen 3rd ed. 2021) and International Civil Litigation in United States Courts (Aspen 6th ed. 2018).
Author: Laurence Shore
Publisher: Kluwer Law International B.V.
ISBN: 9041190813
Category : Law
Languages : en
Pages : 794
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Book Description
International Arbitration in the United States is a comprehensive analysis of international arbitration law and practice in the United States (U.S.). Choosing an arbitration seat in the U.S. is a common choice among parties to international commercial agreements or treaties. However, the complexities of arbitrating in a federal system, and the continuing development of U.S. arbitration law and practice, can be daunting to even experienced arbitrators. This book, the first of its kind, provides parties opting for “private justice” with vital judicial reassurance on U.S. courts’ highly supportive posture in enforcing awards and its pronounced reluctance to intervene in the arbitral process. With a nationwide treatment describing both the default forum under federal arbitration law and the array of options to which parties may agree in state courts under state international arbitration statutes, this book covers aspects of U.S. arbitration law and practice as the following: .institutions and institutional rules that practitioners typically use; .ethical considerations; .costs and fees; .provisional measures; and .confidentiality. There are also chapters on arbitration in specialized areas such as class actions, securities, construction, insurance, and intellectual property.
Author: American Arbitration Association
Publisher: Juris Publishing, Inc.
ISBN: 1933833521
Category : Arbitration and award
Languages : en
Pages : 632
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Book Description
Assembled from Dispute Resolution Journal - the flagship publication of the American Arbitration Association - the chapters in the Handbook have all, where necessary, been revised and updated prior to publication. The book is succinct, comprehensive and a practical introduction to the use of arbitration and ADR, written by leading practitioners and scholars. The Handbook begins with an exploration of drafting commercial arbitration clauses and provides advice on selecting the right arbitrator for any given commercial arbitration dispute. It supplies practitioners with guidelines for use in their arbitration practice and covers such topics as evidence and discovery, arbitral subpoena powers, procedural and interim orders. It also offers guidance on witness preparation, expert testimony, and cross-examination. There are chapters that specifically address the arbitration of large complex cases, healthcare disputes, and entertainment industry disputes. Arbitrators are provided with recommendations regarding professional conduct and responsibility. Arbitral awards and remedies are covered extensively and arbitrators are provided with practical approaches and information on drafting awards, punitive damages, the finality of awards and, post-decision debriefing. Lastly, this book discusses commercial arbitration as it relates to the legal system. The chapters were selected from an extensive body of writings and, in the main, represent world-class assessments of arbitration and ADR practice. All the major facets of the field are addressed and provide the reader with comprehensive and accurate information, lucid evaluations, and an indication of future developments. They not only acquaint, but also ground the reader in the field.
