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Author: Grace Xavier
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 512
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Book Description
Author: Grace Xavier
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 512
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Book Description
Author: Thayananthan Baskaran
Publisher: Kluwer Law International B.V.
ISBN: 9041186735
Category : Law
Languages : en
Pages : 651
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Book Description
Arbitration in Malaysia A Commentary on the Malaysian Arbitration Act Thayananthan Baskaran Kuala Lumpur is developing into a regional hub for arbitration. The International Centre for Settlement of Investment Disputes has selected Kuala Lumpur as an alternative venue and the Permanent Court of Arbitration has opened offices there. This section-by-section commentary provides a sequential, in-depth analysis of the Malaysian Arbitration Act 2005, explaining each section’s purpose, legal source, application and effect. The text and commentary offer comprehensive details on issues arising in the course of an arbitration in Malaysia, including the following: arbitrability of the subject matter of the dispute; form of an arbitration agreement; recourse available to parties from the Courts; appointment, removal and substitution of arbitrators; jurisdiction of the arbitral tribunal; interim measures; procedure for the conduct of an arbitration; formal requirements for a binding arbitral award; grounds for setting aside an arbitral award; means for enforcing an award; and grounds on which enforcement may be declined. The commentary is primarily based on the interpretation of the Act by the Courts. The commentary includes the history of each section of the Act and the source texts in the underlying United Nations Commission on International Trade Law Model Law and statutes in other Model Law jurisdictions. This definitive guide will prove to be of immeasurable value in approaching any arbitration with a seat in Malaysia. In addition to such practical use, it will be relevant for arbitrators, in-house counsel, law firms, companies doing transnational business, interested academics and international arbitration centers. Quote/ reviews: "This book is outstanding, and I would recommend it to all in the arbitration community." Dr Cyril Chern, Barrister, Chartered Architect, Chartered Arbitrator - 4 New Square Chambers Source: Dispute Board Federation | Issue: 2 Spring 2020 "Given Malaysia’s status as a Model Law jurisdiction, the commentary is a very useful contribution to cross jurisdictional and comparative study of the application of the Model Law in practice. The same comment applies to its treatment of the recognition and enforcement of awards under the New York Convention....This book is both a valuable addition to the existing corpus of leading works on arbitration law and practice in Malaysia and an essential reference tool for arbitrators and practitioners alike." Robert Morgan, Barrister & Consulting/Technical Editor - Asian Dispute Review Source: Asian Dispute Review | April 2020 Issue
Author: Shahla Ali
Publisher: Kluwer Law International B.V.
ISBN: 940352863X
Category : Law
Languages : en
Pages : 316
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Book Description
International Arbitration Law Library Volume 59 The eastward shift in international dispute resolution has already involved initiatives not only to improve support for international commercial arbitration (ICA) and investor-state dispute settlement (ISDS) but also to develop alternatives such as international commercial courts and mediation. Focusing on these initiatives and their accompanying case law and trends in the Asia-Pacific region, this invaluable book challenges existing procedures and frameworks for cross-border dispute resolution in both commercial and treaty arbitration. Specially assembled for this project, an outstanding team of experienced and insightful arbitrators and scholars describes pertinent developments including: ICA and ISDS in the context of China’s Belt and Road Initiative; the Singapore Convention on Mediation; the shift to virtual hearings and other challenges from the COVID-19 pandemic; mistrust of the application of the rule of law in certain East Asian jurisdictions; growing public concern over ISDS arbitration; tensions between confidentiality and transparency; and potential regional harmonisation of the public policy exception to arbitral enforcement. The contributors chart evolving practices and high-profile cases to make informed observations about where changes are needed, as well as educated guesses about the chances of reforms being successful and the consequences if they are not. The main jurisdictions covered are China, Hong Kong, Japan, Malaysia, India, Australia and Singapore. The first in-depth study of recent trends in dispute resolution practice related to business in the Asia-Pacific region, the book’s practical analysis of new resources for dealing with the increasing competition among countries to become credible regional dispute resolution hubs will prove to be of great value to specialists in the international business law sector. Lawyers will be enabled to make informed decisions on which venue and dispute resolution methods are the most suitable for any specific dispute in the region, and policymakers will confidently assess emerging trends in international dispute resolution policy development and treaty-making.
Author: Gary F. Bell
Publisher: Cambridge University Press
ISBN: 1107183979
Category : Language Arts & Disciplines
Languages : en
Pages : 461
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Book Description
Explores how the text and principles of the UNCITRAL Model Arbitration Law are implemented, or not, in key Asian jurisdictions.
Author: Sundra Rajoo
Publisher:
ISBN: 9789674006099
Category : Arbitration agreements, Commercial
Languages : en
Pages : 1130
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Book Description
"New developments bought about by the Arbitration Act 2005 (amended 2011) [are examined]. Each topic draws on current and updated examples of case law, soft law and practical experience from Malaysian and other jurisdictions applying the UNCITRAL model law."--
Author: Michael J Mustill
Publisher: Lexis Nexis UK
ISBN: 9781405719629
Category : Arbitration and award
Languages : en
Pages : 1504
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Book Description
Now in its third edition, Mustill & Boyd: Commercial Arbitration, remains the classic, standard work on its subject. Extensively updated since the previous edition, this essential work provides an in-depth guide to the Arbitration Act 1996 and the practice resulting from it. The new edition also includes expert consideration of the latest case law, coverage of new themes and the latest concepts in arbitration. Combining expert commentary on the origins, essence and characteristics of the Arbitration Act 1996 with practical guidance on the application of the Act in court, this work is still truly indispensable.
Author: Ibrahim Shehata
Publisher: Kluwer Law International B.V.
ISBN: 9403512644
Category : Law
Languages : en
Pages : 481
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Book Description
Egypt, and in particular the Cairo Regional Centre for International Commercial Arbitration (CRCICA), has clearly cemented its status as a preferred seat for arbitration cases in both the Middle East–North Africa (MENA) region and the African continent. To assist parties with a need or desire to arbitrate disputes arising in these regions – whether commercial or investment – this incomparable book, the first in-depth treatment in any language of arbitration practice under Egyptian law, provides a comprehensive overview of the arbitration process and all matters pertaining to it in Egypt, starting with the arbitration agreement and ending with the recognition and enforcement of the arbitral award. Citing more than 2,500 cases – both awards and arbitral-related court judgments – the book’s various chapters examine in detail how Egypt’s arbitration law, based on the UNCITRAL model law, encompasses such internationally accepted arbitral provisions and aspects as the following: application of the New York Convention; concept of arbitrability; choice of applicable law; formation of the arbitral tribunal; selection, rights, duties, liability, and challenge of arbitrators; arbitral procedures; evidence and experts and burden of proof; form and content of arbitral awards; annulment and enforcement procedures; interaction between Sharia law and arbitration; role of Egypt’s Technical Office for Arbitration (TOA); and judicial fees. Special issues such as third-party funding and public policy as well as particular areas of dispute such as construction, sports, real estate, labor and employment, tax, competition, intellectual property, and technology transfer are all covered. The author offers practical guidelines tailored to arbitration in these specific areas of law. An added feature is the many figures and other visuals that accompany the text. For whoever is planning to or is currently practicing arbitration in the Middle East, this matchless book gives arbitrators, in-house counsel and arbitration practitioners everything that is needed to answer any question likely to arise. This book should be on the shelf of every practitioner and academic wishing to comprehend arbitration in Egypt as construed by the Egyptian Courts. Review/Testimonial: “The book is an excellent contribution to understand and assess Egyptian international arbitration law and practice and invaluable guide for lawyers, arbitrators and academics working on arbitration cases connected to Egypt for three main reasons: First, a case law perspective that adds considerable value to the book. The author examines not only the text of laws but also the case law. On every issue, Mr Shehata quotes the positions of Egyptian courts, especially those of the Egyptian Cassation Court. With more than 2,500 cases cited, the book is a precious source to discover the Egyptian decisions originally only in Arabic. Through an analysis and commentary of a great number of decisions rendered by various levels of Egyptian courts, the book offers the most reliable source with regard to the interpretation and the application of the Law No. 27 of 1994 and the international conventions by Egyptian courts. Second, a complete and far-reaching analysis. The book covers all aspects of the arbitration process from the arbitration agreement to the enforcement of arbitral awards. It includes the specific arbitration sectors such as sport arbitration, construction arbitration and investment arbitration. This coverage makes the book one of the reference work on the whole regime of arbitration in Egypt. Third, an up-to-date study, which takes into account rule changes and up-to-date developments on new trends, such as third-party funding, optional clauses, virtual hearings, the use of tribunal secretaries and issues of ethics in arbitration.” Source / Reviewer: Professor Walid Ben Hamida, University of Paris-Saclay, France. ICC DISPUTE RESOLUTION BULLETIN 2021 | ISSUE 3 |
Author: Arifin Zakaria
Publisher:
ISBN: 9789672049005
Category : Arbitration and award
Languages : en
Pages : 820
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Book Description
Author: Nish Shetty
Publisher:
ISBN: 9789814770460
Category : Arbitration (International law)
Languages : en
Pages : 398
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Book Description
Author: Philip J. McConnaughay
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 526
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Book Description
This treatise brings together some of Asia's foremost scholars and practitioners to provide an in-depth commentary on the laws and institutions involved with commercial arbitration in each of Asia's leading trading nations: China, Hong Kong, Indonesia, Japan, Korea, Malaysia, Philippines, Singapore, Taiwan, Thailand, and Vietnam. Each chapter covers not only the laws, procedures, institutions and customs affecting international commercial disputes, but also the differences between Western and Asian clients in the assignment of importance to each factor in the decision making process. The accompanying CD-Rom is devoted to original source materials, such as institutional and national rules and national legislation.
