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Author: Felix Dasser
Publisher: Kluwer Law International B.V.
ISBN: 9403535423
Category : Law
Languages : en
Pages : 260
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Book Description
In arbitral proceedings, objections and challenges related to arbitrators’ conflicts of interest can readily escalate into acrimony. Moreover, the alleged fear of bias has engendered a veritable jungle of rules and guidelines, complicating and even undermining the process. In this book’s innovative approach to this thorny subject, prominent specialists representing three stakeholding groups—users, institutions, and state courts—impart firsthand information on their respective practices and policies concerning arbitration, and then proceed to recommend promising paths to harmonizing guidelines and establishing clear and reasonable criteria. Drawing on papers presented at a conference sponsored by the Swiss Arbitration Association (ASA), the contributions respond in depth to such questions as the following: How much independence and impartiality do users seek? What are users expecting and to what extent do expectations differ with regard to the users’ own arbitrator, the arbitrator appointed by the opponent, and the chairperson? In what ways can party-appointed arbitrators impact independence and impartiality? When and why should an arbitrator be challenged? How much uniformity exists among the various sets of institutional rules and guidelines, relating in particular to the constitution of the arbitral tribunal? Contributors come from a representative range of major commercial jurisdictions, including England, France, Germany, Singapore, Switzerland, and the United States. With its deeply informed, practice-based views from users, arbitral institutions, major jurisdictions, and practitioners, this remarkably thorough overview of arbitrators’ conflicts of interest will facilitate informed choice of jurisdictions and arbitral institutions for users and assist arbitrators in ascertaining their disclosure obligations. It will be highly valued by corporate counsel, arbitral institutions, arbitrators, judges, and academics interested in international arbitration.
Author: Felix Dasser
Publisher: Kluwer Law International B.V.
ISBN: 9403535423
Category : Law
Languages : en
Pages : 260
Get Book Here
Book Description
In arbitral proceedings, objections and challenges related to arbitrators’ conflicts of interest can readily escalate into acrimony. Moreover, the alleged fear of bias has engendered a veritable jungle of rules and guidelines, complicating and even undermining the process. In this book’s innovative approach to this thorny subject, prominent specialists representing three stakeholding groups—users, institutions, and state courts—impart firsthand information on their respective practices and policies concerning arbitration, and then proceed to recommend promising paths to harmonizing guidelines and establishing clear and reasonable criteria. Drawing on papers presented at a conference sponsored by the Swiss Arbitration Association (ASA), the contributions respond in depth to such questions as the following: How much independence and impartiality do users seek? What are users expecting and to what extent do expectations differ with regard to the users’ own arbitrator, the arbitrator appointed by the opponent, and the chairperson? In what ways can party-appointed arbitrators impact independence and impartiality? When and why should an arbitrator be challenged? How much uniformity exists among the various sets of institutional rules and guidelines, relating in particular to the constitution of the arbitral tribunal? Contributors come from a representative range of major commercial jurisdictions, including England, France, Germany, Singapore, Switzerland, and the United States. With its deeply informed, practice-based views from users, arbitral institutions, major jurisdictions, and practitioners, this remarkably thorough overview of arbitrators’ conflicts of interest will facilitate informed choice of jurisdictions and arbitral institutions for users and assist arbitrators in ascertaining their disclosure obligations. It will be highly valued by corporate counsel, arbitral institutions, arbitrators, judges, and academics interested in international arbitration.
Author: Elliott E. Geisinger
Publisher: Kluwer Law International B.V.
ISBN: 9403542772
Category : Law
Languages : en
Pages : 288
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Book Description
Although considered a somewhat ‘hazy’ concept (particularly in common law), good faith may nevertheless be defined as a duty incumbent on a person negotiating or performing an agreement. Thus, it may be understood as obligatory on all parties in the conduct of arbitral proceedings. In this collection of expert chapters, notable jurists and legal academics from around the world fully investigate the multifaceted notion of good faith in international arbitration. All the following aspects of the matter are covered: detailed analysis of good faith in both common law and civil law traditions as reflected in doctrine, scholarship, and case law; good faith implications in treaty interpretation; using good faith as a negative defence against claims or as a positive basis for claims; good faith in the specific field of international investment arbitration; procedural aspects of the parties’ obligation to act in good faith during pre-arbitral negotiations, conciliation, and mediation, as well as during the arbitral proceedings; the duty of arbitrators and arbitral institutions to act in good faith; and the role of good faith in actions to set aside. As an authoritative survey and analysis of how the concept of good faith has been applied in international arbitration – and defined in the case law relevant to it – this matchless book provides invaluable guidance to parties involved in international arbitral proceedings.
Author: James Menz
Publisher: Kluwer Law International B.V.
ISBN: 9403540788
Category : Law
Languages : en
Pages : 138
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Book Description
ASA Special Series ‘We must measure what we value, not just value what is simple to measure.’ This statement from the US White House encapsulates the global trend dubbed ESG – an insistence on attending to the natural environment, social values, and responsible governance in business affairs. A salient aspect of this trend is the ‘explosion’ of human rights and environment-related disputes that have come to the fore on the international legal landscape. In this timely and crucially important volume, distinguished jurists, representatives of governments and NGOs, and in-house counsel identify and analyse the sources of ESG-related litigation and arbitration, providing an extensive treatment of the nature of ESG disputes and their resolution across both commercial and investment fora. The contributions are based on papers presented at a conference organized by the Swiss Arbitration Association in February 2023. Among the issues and topics raised, many of them relatively new to legal theory and practice, are the following: emergence of nature-related assets and markets dealing in nature-related products; intensification of ESG-related regulation; which disputes could trigger which type of arbitrations; ESG-specific arbitration clauses as risk mitigation measures; controversial role of the Energy Charter Treaty; ESG-compliant supply chains; ESG scoring; rights of nature – recognizing ecosystems as subjects with rights; and the criminal act of ecocide. Of immediate interest is a discussion focused on concrete ways in which each and every arbitration practitioner can contribute to a more environmentally friendly and socially responsible arbitration practice. In its recognition that ESG is profoundly linking environmental and social protection values with the monetary aspects in the life of both corporations and states, the book identifies key drivers for future ESG-related disputes and enables stakeholders to position themselves in an emerging field. It will prove of inestimable value to all practitioners, policymakers, and other professionals dedicated to the protection of natural resources and of human life itself.
Author: C. L. Lim
Publisher: Cambridge University Press
ISBN: 1108480594
Category : Business & Economics
Languages : en
Pages : 551
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Book Description
A convenient single volume introduction to international arbitration written by experts, including discussion of the latest developments.
Author: Elinor Ostrom
Publisher: Cambridge University Press
ISBN: 1107569788
Category : Business & Economics
Languages : en
Pages : 297
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Book Description
Tackles one of the most enduring and contentious issues of positive political economy: common pool resource management.
Author: Hélène van Lith
Publisher: T.M.C. Asser Press
ISBN: 9789067043038
Category : Law
Languages : en
Pages : 606
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Book Description
avoiding gaps and provide a claimant with limited forum shopping possibilities. In that same vein, the paradigm proposed by Ms. Van Lith ought to shift to special grounds of jurisdiction based on sufficient connection between the defendant and the forum state. In that respect, she proposes jurisdiction at the place where the defendant has a fixed place of business from which he carries out business activities directly related to the claimant’s contractual claim. Absent such a place of business, jurisdiction is to be vested in the courts of the country where the defendant is engaged in substantial business activities in relation to the contract with a limited forum shopping for a claimant in favour of the court of the defendant’s home country. Other general or special grounds for jurisdiction (such as claimant-related connections or property-based connections) are rejected because they do not meet the proposed paradigm of sufficient connection. As to exceptions to international jurisdiction rules as proposed, Ms. Van Lith comes to the conclusion that a general escape provision is to be avoided except for the ‘tra- acting business’ rule where – in accordance with the paradigm proposed – international jurisdiction can be avoided in favour of the defendant’s home court when the dispute is insufficiently connected with the forum making it unfair under the circumstances to expect the defendant to be subjected to the jurisdiction of that court. In this respect, a balanced approach to predictability and flexibility is being proposed.
Author: Great Britain. Ministry of Justice
Publisher: The Stationery Office
ISBN: 9780117064034
Category : Law
Languages : en
Pages : 388
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Book Description
In January 2009, the then Master of the Rolls, Sir Anthony Clarke, appointed Lord Justice Jackson to lead a fundamental review of the rules and principles governing the costs of civil litigation. This report intends to establish how the costs rules operate and how they impact on the behavior of both parties and lawyers.
Author: Astri Suhrke
Publisher: Routledge
ISBN: 1351477676
Category : Political Science
Languages : en
Pages : 439
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Book Description
The Great Lakes region of Africa has seen dramatic changes. After a decade of war, repression, and genocide, loosely allied regimes have replaced old-style dictatorships. The Path of a Genocide examines the decade (1986-97) that brackets the 1994 genocide in Rwanda. This collection of essays is both a narrative of that event and a deep reexamination of the international role in addressing humanitarian issues and complex emergencies.Nineteen donor countries and seventeen multilateral organizations, international agencies, and international nongovernmental organizations pooled their efforts for an in-depth evaluation of the international response to the conflict in Rwanda. Original studies were commissioned from scholars from Uganda, Rwanda, Zaire, Ethiopia, Norway, Great Britain, France, Canada, and the United States. While each chapter in this volume focuses on one dimension of the Rwanda conflict, together they tell the story of this unfolding genocide and the world's response.The Path of a Genocide offers readers a perspective in sharp contrast to the tendency to treat a peace agreement as the end to conflict. This is a detailed effort to make sense of the political crisis and genocide in Rwanda and the effects it had on its neighbors.
Author: Maxi Scherer
Publisher: Kluwer Law International B.V.
ISBN: 9403528435
Category : Law
Languages : en
Pages : 314
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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.
Author: Michael Tigar
Publisher: NYU Press
ISBN: 1583670300
Category : Law
Languages : en
Pages : 351
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Book Description
Tigar (Washington College of Law, American U.) has written a new introduction and extended afterword that update this Marxist analysis of law and jurisprudence, originally published in 1977. The study traces the role of law and lawyers in the rise of the European bourgeoisie. The new material discusses human rights issues and social movements over the past two decades, including political prisoners and the death penalty. c. Book News Inc.
