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Author: Ray Turner
Publisher: John Wiley & Sons
ISBN: 1405144807
Category : Technology & Engineering
Languages : en
Pages : 266
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Book Description
‘Drawing on his long and practical experience [the author gives] guidance which only the foolhardy would reject without good reason for doing so. With this manual beside him, many an arbitrator will, I feel sure, sleep the sounder.’ - The Rt Hon The Lord Bingham of Cornhill. The preparation of an arbitrator's award requires a rigorous approach to the consideration of submissions and evidence, and to the decisions stemming from that consideration, and the arbitrator must be competent to draft a valid and enforceable award. These tasks can be complex for any arbitrator, particularly so for the less experienced. This book has been written to provide clear and practical guidance, whilst emphasising that there is no standard method of preparing or writing an award. It includes illustrations relating to a wide range of types of award. It will be of interest to all arbitrators and those involved in the process, whether they are concerned with commodities, insurance, maritime matters, rent disputes, construction or commerce.
Author: Ray Turner
Publisher: John Wiley & Sons
ISBN: 1405144807
Category : Technology & Engineering
Languages : en
Pages : 266
Get Book Here
Book Description
‘Drawing on his long and practical experience [the author gives] guidance which only the foolhardy would reject without good reason for doing so. With this manual beside him, many an arbitrator will, I feel sure, sleep the sounder.’ - The Rt Hon The Lord Bingham of Cornhill. The preparation of an arbitrator's award requires a rigorous approach to the consideration of submissions and evidence, and to the decisions stemming from that consideration, and the arbitrator must be competent to draft a valid and enforceable award. These tasks can be complex for any arbitrator, particularly so for the less experienced. This book has been written to provide clear and practical guidance, whilst emphasising that there is no standard method of preparing or writing an award. It includes illustrations relating to a wide range of types of award. It will be of interest to all arbitrators and those involved in the process, whether they are concerned with commodities, insurance, maritime matters, rent disputes, construction or commerce.
Author: Jay E. Grenig
Publisher: Juris Publishing, Inc.
ISBN: 1933833823
Category : Arbitration, Industrial
Languages : en
Pages : 198
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Book Description
Nearly 30 years after its initial publication, the American Arbitration Association’s seminal primer, Labor Arbitration: What You Need to Know, has undergone a complete facelift with the publication of this brand new book. Fundamentals of Labor Arbitration, the first volume in the "AAA/ICDR Dispute Resolution Series," features all new content that is indispensable to advocates, arbitrators, employers, unions, and readers who wish to know more about resolving labor-management disputes. Here readers will find a clear introduction to the grievance process and labor arbitration, as well as practical guidance to help users of the process effectively resolve labor-management disputes in the private and public sectors. This book is co-published by the American Arbitration Association and the Cornell University School of Industrial and Labor Relations, Scheinman Institute on Conflict Resolution.
Author: Emmanuel Gaillard
Publisher: Juris Publishing, Inc.
ISBN: 1929446616
Category : Law
Languages : en
Pages : 16
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Book Description
Author: Larry A. DiMatteo
Publisher: Cambridge University Press
ISBN: 9781009293174
Category : Law
Languages : en
Pages : 0
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Book Description
A unique collaboration between academic scholars, legal practitioners, and arbitrators, this handbook focuses on the intersection of arbitration - as an alternative to litigation - and the court systems to which arbitration is ultimately beholden. The first three parts analyze issues relating to the interpretation of the scope of arbitration agreements, arbitrator bias and conflicts of interest, arbitrator misconduct during the proceedings, enforceability of arbitral awards, and the grounds for vacating awards. The next section features fifteen country-specific reviews, which demonstrate that, despite the commonality of principles at the international level, there is a significant of amount of differences in the application of those principles at the national level. This work should be read by anyone interested in the general rules and principles of the enforceability of foreign arbitral awards and the grounds for courts to vacate or annul such awards.
Author: Pierre Tercier
Publisher: Juris Publishing, Inc.
ISBN: 1933833904
Category : International commercial arbitration
Languages : en
Pages : 425
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Book Description
The arbitral tribunal's responsibilities and tasks often do not end when it has rendered it's award. Tribunals may be called to interpret their awards or correct clerical errors, the award may be sent back to them for amendments; arbitrators may have to comment on their awards or may be called as witnesses; they may be invited to continue even though all pending disputes have been decided; their fees may be challenged or they may have to claim tax reimbursements. These and other issues that arbitrators, parties and institutions have to face once the award has been rendered are examined by leading authorities.
Author: John William Rowley
Publisher:
ISBN: 9781838625757
Category : Arbitration agreements, Commercial
Languages : en
Pages : 779
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Book Description
Author: Dushyant Dave
Publisher: Kluwer Law International B.V.
ISBN: 9041182829
Category : Law
Languages : en
Pages : 532
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Book Description
India has a long-standing tradition of dispute resolution through arbitration, with arbitral-type regulations going back to the eighteenth century. Today, amendments to the 1996 Indian Arbitration Act, a steady evolution of case law and new arbitral institutions position India’s vibrant system once more at the forefront of international commercial dispute resolution. In this handbook, over forty members of the international arbitration community in India and beyond offer authoritative perspectives and insights into topics on arbitration that matter in India. International arbitration practitioners, Indian practitioners, and scholars have combined efforts to produce a practical and informative guide on the subject. Among numerous notable features, the contributors provide detailed analysis and description of such aspects of arbitration as the following, with a focus on the Indian context: Indian application of the 1958 New York Convention; law governing the merits of the dispute and awards; investor-state dispute settlement; drafting arbitration clauses for India-centric agreements; managing costs and time; rise of virtual arbitration and technology; effect of public policy in light of extensive Indian jurisprudence; and arbitration of claims relating to environmental damage. Practical features include checklists for drafting arbitration clauses and a comparative chart of major commercial arbitration rules applicable to India. Also included is a comparative analysis of arbitral regimes in India, Singapore and England; chapters on the India Model Bilateral Investment Treaty and ISDS reforms; a special section on the enforcement of foreign awards; a section on the drafting of the award guided by leading arbitrators and stakeholders and a review of the new 2021 ICC Rules. For foreign counsel and arbitrators with arbitrations in India, this complete and up-to-date analysis provides guidelines for practitioners, corporate counsel, and judges on considerations to be borne in mind with respect to arbitration with an Indian nexus and whilst seeking enforcement and execution of an arbitral award in India. It will prove an effective tool for students and others in understanding and navigating the particularities and peculiarities of India’s system of domestic and international commercial arbitration.
Author: Katia Fach Gomez
Publisher: Kluwer Law International B.V.
ISBN: 9403501359
Category : Law
Languages : en
Pages : 512
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Book Description
Worldwide interest in the recognition and enforcement of arbitral awards has never been higher, and the New York Convention of 1958, currently adhered to by 159 States including the major trading nations, remains the most successful treaty in this area of commercial law. This incomparable book, marking the Convention’s 60th anniversary, provides a fully updated analysis of the Convention’s application from international, comparative, and national perspectives. Drawing on a global conference held in Seville in April 2018 that was actively supported by UNCITRAL, the book’s 27 chapters, by highly qualified international practitioners and academics from different jurisdictions, address the subject with critical eyes, well aware of current developments and future challenges in the field of arbitration. Among the issues and topics covered are the following: Multi-tiered dispute resolution clauses. Applicability of the UN Convention on the Use of Electronic Communications in International Contracts. Complexities of enforcing orders determined by software. Enforcement of annulled awards. European Union law and the New York Convention. Enforcing awards against States and State entities. Sovereign immunity as a ground to refuse compliance with investor-State awards; Enforcement against non-signatories. Public policy exception. Arbitrating and enforcing foreign awards in specific countries and regions, including China, sub-Saharan Africa, and the ASEAN countries. Ample reference is made throughout to leading cases and practice. Familiarity with the intricacies of the New York Convention, as the most universally acknowledged framework in which cross-border economic exchanges can flourish, is essential for judges, practitioners, legal staff, business people, and scholars working with or applying international commercial arbitration anywhere in the world. This book’s combination of highly thought-provoking topics and the depth with which they are addressed will prove invaluable to all interested parties
Author: Neil Kaplan
Publisher: Kluwer Law International B.V.
ISBN: 9041186387
Category : Law
Languages : en
Pages : 552
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Book Description
The distinguished international lawyer Michael Pryles, who launched a meteoric career as an arbitrator after many years of teaching and writing on conflicts of law and other topics, has made a mark on arbitral law and practice that is recognized worldwide. In this book, over forty prominent arbitrators and arbitration scholars offer insightful essays on the thorny matters of jurisdiction, admissibility and choice of law in arbitration – topics which have long interested Professor Pryles and are of wide interest. Among the specific issues and topics examined are the following: • res judicata; • investment arbitration; • free trade agreements; • party autonomy; • application of provisional measures; • issue estoppel; • evidentiary inferences; • interim measures; • emergency and default proceedings; • the intersection of financing and jurisdiction; • consolidation of cases; and • non-contractual claims. Remarkable for its roster of highly distinguished contributors, this book is the only in-depth treatment of its subject. By turns thought-provoking and practical, it is bound to appeal to and be put to use by arbitrators and other lawyers who handle international cases. It will also prove of great value to global law firms and companies doing transnational business.
Author: Maxi Scherer
Publisher: Kluwer Law International B.V.
ISBN: 9403528435
Category : Law
Languages : en
Pages : 333
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Book Description
International Arbitration and the COVID-19 Revolution Edited by Maxi Scherer, Niuscha Bassiri & Mohamed S. Abdel Wahab The impact of the COVID-19 pandemic on all major economic sectors and industries has triggered profound and systemic changes in international arbitration. Moreover, the fact that entire proceedings are now being conducted remotely constitutes so significant a deviation from the norm as to warrant the designation ‘revolution’. This timely book is the first to describe and analyse how the COVID-19 crisis has redefined arbitral practice, with critical appraisal from well-known practitioners of the pandemic’s effects on substantive and procedural aspects from the commencement of proceedings until the enforcement of the award. With practical guidance from a variety of perspectives – legal, practical, and sector-specific – on the conduct of international arbitration during the COVID-19 pandemic and beyond, the chapters present leading practitioners’ insights into the unprecedented and multifaceted issues that arise. They provide expert tips and challenges in such practical matters as the following: preventing and resolving disputes of particular types – construction, energy, aviation, technology, media and telecommunication, finance and insurance; arbitrator appointments; issues of planning, preparation and sample procedural orders; witness preparation and cross-examination; e-signature of arbitral awards; setting aside and enforcement proceedings; and third-party funding. Also included are an empirical survey of users’ views and an overview of how the COVID-19 revolution has affected the arbitration rules of leading arbitral seats. With this timely and practical book, arbitration practitioners and scholars will gain up-to-date knowledge of sector-specific challenges brought about by the COVID-19 pandemic and approach arbitration proceedings with an understanding of the most important legal and practical considerations during the crisis and beyond.
