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Author: United States. Congress. House. Committee on Oversight and Government Reform. Subcommittee on Domestic Policy
Publisher:
ISBN:
Category : Arbitration agreements, Commercial
Languages : en
Pages : 272
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Book Description
Author: United States. Congress. House. Committee on Oversight and Government Reform. Subcommittee on Domestic Policy
Publisher:
ISBN:
Category : Arbitration agreements, Commercial
Languages : en
Pages : 272
Get Book Here
Book Description
Author: Roger I. Abrams
Publisher: Wolters Kluwer Law & Business
ISBN: 9781543821321
Category : Arbitration, Industrial
Languages : en
Pages : 0
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Book Description
During his 40 years as a labor arbitrator, Roger Abrams has been appointed to resolve over 2,500 disputes. This insightful and authoritative treatise, Inside Arbitration: How an Arbitrator Decides Labor and Employment Cases, tackles the topic of labor arbitration from the perspective of the arbitrator. Abrams reveals how the decision maker, the arbitrator, goes about actually deciding a case. Presented in Q&A format, Abrams shares extremely practical guidance on more than 450 real-world questions, such as: How does the typical labor arbitrator selection process operate? What types of disclosures by the arbitrator are appropriate to reveal conflict, bias, or predisposition? How does an arbitrator react to the conduct of the parties at the hearing? Is it ever appropriate to have contact with the arbitrator before the hearing? Does the arbitrator do anything differently with a really big case--for example, a case with potential exposure of over $1 million? What kind of documents will an arbitrator find useful? What do arbitrators want to hear in opening statements? What is the impact of opening statements? How do arbitrators prefer exhibits to be marked and offered into evidence? Has a party's brief ever persuaded an arbitrator to reach a different conclusion after the hearing itself has concluded? If so, what are some of the persuasive factors? How does the arbitrator determine what the appropriate remedy is? How does an arbitrator deal with ambiguity in contract language? What should an advocate do if he or she thinks arbitrators are generally wrong on a particular issue? Should the arbitrator, in rendering his or her award, address each and every legal argument put forward by each of the parties? If not, why not? How does an arbitrator stop an advocate from bullying witnesses? What challenges does the arbitrator face in an employment arbitration that might not be present in a labor arbitration? This treatise is designed for advocates and representatives with all levels of experience. It includes basic guidance on the arbitration process for the benefit of the many new advocates in the past several years, especially on the union side, as well as more advanced discussions on arbitration subtleties for the benefit of experienced representatives. Advocates for parties in arbitration need to know how arbitrators react to certain issues and behaviors. This incredible resource provides "from the trenches" insights based on the author's vast experience and involvement in deciding labor cases. While a great arbitration advocate may not know the particular arbitrator who will hear his or her case, the advocate should know how arbitrators approach hearings and the issues to be resolved. This volume thoroughly guides users through all the essential issues.
Author: National Academy of Arbitrators. Meeting
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 232
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Book Description
Author: National Academy of Arbitrators
Publisher:
ISBN:
Category : Arbitration, Industrial
Languages : en
Pages : 204
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Book Description
Author: National Academy of Arbitrators
Publisher:
ISBN:
Category : Arbitration, Industrial
Languages : en
Pages : 364
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Book Description
Author: Catherine A. Rogers
Publisher: Oxford University Press
ISBN: 0199707480
Category : Law
Languages : en
Pages : 402
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Book Description
Investment arbitration is at the cutting edge of international law and dispute resolution, and is predicted to be a major factor in the development of the global economic system in years to come. This one-volume monograph contains contributions from leading experts on a wide range of topics of both theoretical importance and practical implication that will affect the future of investment arbitration. The highly innovative chapters combine to form a constructive and valuable discussion for all in the arbitration field. The contributors, chosen to represent the full spectrum of perspectives, are leading arbitration experts from all over the world, including ICSID insiders, US government officials, UNCTAD research personnel, seasoned investment arbitrators and counsel, and renowned legal scholars. The book is divided into three themes, with the first centering on the adequacy of UNCITRAL and ICSID arbitration rules, with particular attention to recent and proposed changes. The second theme focuses on the future of bilateral investment treaties, discussing trends in the interpretation of treaty provisions and the debate concerning the efficacy of the treaties in benefiting developing countries. The third theme revolves around the public function of investment arbitration decisions, including the use of arbitration to resolve disputes between sovereigns and the arbitrators' role as a guardian of international public policy. The Future of Investment Arbitration is unique in its outstanding range of topics and the expertise of the contributors. It previews and guides future directions in the field, as well as discussing the larger policy implications of specific rules. It includes cutting-edge analysis of empirical research regarding BITS that is essential to evaluating many assumptions about investment law and arbitration. Finally, the book takes a broad perspective, examining the rules discussed within the larger structural context of investment arbitration, and drawing investment arbitration into the wider setting of international law and corporate governance.
Author: Patricia Shaughnessy
Publisher: Kluwer Law International B.V.
ISBN: 9041184147
Category : Law
Languages : en
Pages : 466
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Book Description
The scope of the arbitrator’s powers in arbitration proceedings has been widely discussed in recent years, but remains understudied. Among prominent international arbitrators, none have focused on this issue more than Dr. Pierre A. Karrer. Dr. Karrer is celebrated here on the occasion of his seventy-fifth birthday by more than thirty leading arbitration practitioners and academics worldwide who have been part of, and have been influenced by, his extensive professional career. Following Dr. Karrer’s primary interests, notably his advocacy of a strong arbitrator role in proceedings as evidenced in his lectures, presentations, and publications as well as in his own arbitrations, the contributions in this book consider such questions as the following: ·What are the sources of an arbitrator’s power? ·What are the limits of an arbitrator’s power? ·Should arbitrators have a role in encouraging settlement? ·May arbitrators regulate and impose sanctions against counsel? ·How managerial should arbitrators be? ·What are the duties and liabilities of arbitrators? ·What is the nature of the arbitrator’s relationship to arbitral institutions? ·Are emergency arbitrators actually ‘arbitrators’? ·Should arbitrators raise issues of arbitrability and public policy ex officio? ·To what extent may arbitrators delegate tasks and use tribunal secretaries? With its in-depth perspectives on the arbitrator’s role, powers, and duties in an arbitration proceeding, and its extensive analysis of some of the most timely and controversial issues in arbitration today, this book offers an abundance of thought-provoking yet also practical commentary and guidance for practitioners and academics in the field of international arbitration and international commercial law.
Author: Frances Kellor
Publisher:
ISBN:
Category : Arbitration and award
Languages : en
Pages : 432
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Book Description
Annex I (p. 217-346) : Summary of the statutes governing arbitration, contributed by Professor Wesley A. Sturges.
Author: Cameron K. Wehringer
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 136
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Book Description
Author: Matthew Bacon
Publisher:
ISBN:
Category : Arbitration and award
Languages : en
Pages : 332
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Book Description
