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Author: E. Dumbauld
Publisher: Springer
ISBN: 9401507201
Category : Law
Languages : en
Pages : 275
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Book Description
The author hopes that the present work may be of value to his colleagues in the legal profession who in one way or another are called upon to take part in the administration of international justice according to law. By a happy coincidence it was concluded on the tenth anniversary of the establishment of the Permanent Court of International Justice. The author is conscious of divers shortcomings. In particular he wishes that the survey of national law in Chapter II were more comprehensive and complete, and regrets that he was not per mitted to examine the original documents in the case of Count ess Szechenyi before the Czechoslovak-Hungarian Mixed Arbi tral Tribunal. Investigation of the briefs and records of cases be fore the United States Supreme Court might bring to light infor mation not found in the reports. The author desires to thank his family and the authorities of Harvard University for enabling him to continue his legal studies until this book was written, and to thank for their stimulating suggestions the multitude of friends in many lands with whom he has had the benefit of valuable discussions in rem, not to speak of purely personal courtesies and indirect help. If there exists such a thing as international intellectual co-operation, this study may be regarded as one of its fruits.
Author: E. Dumbauld
Publisher: Springer
ISBN: 9401507201
Category : Law
Languages : en
Pages : 275
Get Book Here
Book Description
The author hopes that the present work may be of value to his colleagues in the legal profession who in one way or another are called upon to take part in the administration of international justice according to law. By a happy coincidence it was concluded on the tenth anniversary of the establishment of the Permanent Court of International Justice. The author is conscious of divers shortcomings. In particular he wishes that the survey of national law in Chapter II were more comprehensive and complete, and regrets that he was not per mitted to examine the original documents in the case of Count ess Szechenyi before the Czechoslovak-Hungarian Mixed Arbi tral Tribunal. Investigation of the briefs and records of cases be fore the United States Supreme Court might bring to light infor mation not found in the reports. The author desires to thank his family and the authorities of Harvard University for enabling him to continue his legal studies until this book was written, and to thank for their stimulating suggestions the multitude of friends in many lands with whom he has had the benefit of valuable discussions in rem, not to speak of purely personal courtesies and indirect help. If there exists such a thing as international intellectual co-operation, this study may be regarded as one of its fruits.
Author: Edward Dumbauld
Publisher:
ISBN:
Category :
Languages : nl
Pages :
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Book Description
Author: Ali Yeşilirmak
Publisher: International Arbitration Law
ISBN: 9789041123534
Category : Law
Languages : en
Pages : 329
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Book Description
Due to the nature of the arbitration process, provisional measures-especially interim protection of rights-tend to play a disproportionate role in international commercial arbitrations. Indeed, the need to clearly define such measures often constitutes the major stumbling block on the path to an effective resolution of a commercial dispute. This concise but enormously useful volume offers practitioners the information and advice they need to overcome this obstacle in the best possible way every time. The Author covers all the relevant avenues of research and practice, from an overview of the concept of provisional measures to an in-depth analysis of the weight and enforceability of such measures. Along the way the treatment covers such crucial topics and issues as the following: scholarly analysis of the problems and uncertainties surrounding provisional measures, and their solutions in light of arbitral and judicial practice; the complex interaction of historical prejudices, political will, and business needs that impact the usefulness of provisional measures; choice of forum to seek provisional measures and the problems associated with such choice; complementary mechanisms to arbitration for interim protection of rights; standards of principles and procedures for the grant of provisional measures; and a comprehensive review of the arbitrators' power to grant provisional measures and court assistance to arbitration. The presentation examines, compares, and analyses seventy sets of arbitration rules on provisional measures (including the arbitration rules of the ICC, AAA, and LCIA), all of the major state laws on commercial arbitration, and detailed analyses of numerous ICC and AAA awards, most of which have not been published before. This new and fully researched book fulfils and important need for user-friendly and complete practical coverage of provisional measures in international commercial arbitration. It wil be of great value to corporate counsel, international lawyers, and business people, as well as to students of dispute resolution.
Author: Cameron A. Miles
Publisher: Cambridge University Press
ISBN: 1107125596
Category : Law
Languages : en
Pages : 591
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Book Description
2 Dispute Settlement Under UNCLOS
Author: Diora Ziyaeva
Publisher: Juris Publishing, Inc.
ISBN: 1937518701
Category : Arbitration and award
Languages : en
Pages : 389
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Book Description
Interim and Emergency Relief In International Arbitration is a compilation of papers authored by some of the world’s leading international arbitration practitioners. It addresses issues relating to obtaining interim measure orders, including the relevant applicable standards such as irreparable harm that various international courts and tribunals, under the ICSID, UNCITRAL, ICC, SCC, and some domestic law jurisdictions often apply. It also touches upon theoretical and practical issues involving compliance with and enforcement of interim measures in international arbitration. These issues naturally are raised in the context of an ongoing discourse where tribunals have different, at times imperfect tactics for encouraging compliance with their interim measures including drawing adverse inferences, issuing diplomatic statements against a sovereign stopping just short of ordering interim measures, splitting the sum of security for costs and allowing for reimbursement, and levying heavier damages against the non-complying party without changing the substantive aspects of the award. This book explores these methods and identifies the latest trends in this exciting area of international law. Interim and Emergency Relief In International Arbitration is intended for arbitrators, practicing attorneys, representatives of international arbitral institutions and academics, all of whom will find this book very useful. The compilation of papers and presentations in the book cover a number of jurisdictions including East Asia, the Middle East, Europe and North America.
Author: Eva Rieter
Publisher: Springer Nature
ISBN: 9462654158
Category : Law
Languages : en
Pages : 319
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Book Description
This book deals with urgency and human rights. ‘Urgent’ is a word often used, in very different contexts. Yet together with a reference to human rights violations, it likely triggers images of people caught up in armed conflict, facing terror from either the state, gangs, paramilitaries, or terrorists. Or of people fleeing terror and facing walls, fences or seas, at risk of being returned to terror, or ignored, neglected, abused, deprived of access to justice and basic facilities, facing death, torture and cruel treatment. Here these both ongoing and expected violations are explored in the context of (quasi-)judicial proceedings as international tribunals and domestic courts are increasingly called upon to order interim measures or accelerate proceedings in such cases. This edited volume concerns the protective potential of interim measures in international human rights cases and the legitimacy of their use and discusses obstacles to their persuasive use, to clarify how their legitimacy and protective potential could be enhanced in the context of concrete legal cases. Examining this is especially pressing when courts and (quasi-)judicial bodies have used interim measures in response to requests by individuals and organisations in the context of issues that are unpopular with governments and/or controversial within society, which has led states to at times employ political pressure to limit their use. Urgency and human rights are discussed from the vantage point of various practitioners and scholars, with the aim of identifying how interim measures could be legitimate and protective and to single out obstacles to their implementation. Drawing from practices developed in various international and regional adjudicatory systems, the contributors provide their perspectives on the legitimacy and/or the protective potential of interim measures and other (quasi-)judicial proceedings in urgent human rights cases. There is considerable discussion about how interim measures can be legitimate and well-functioning tools to address urgent human rights cases. This book aims to contribute to the ongoing discussion in this respect. Dr. Eva Rieter is senior researcher and lecturer public international law and human rights law at the Centre for State and Law, Radboud University, Nijmegen, The Netherlands. Dr. Karin Zwaan is associate professor in the Department of Migration Law at the Centre for State and Law, Radboud University, Nijmegen, The Netherlands.
Author: Ajar Rab
Publisher: Kluwer Law International B.V.
ISBN: 9403537558
Category : Law
Languages : en
Pages : 592
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Book Description
Interim measures by courts as well as tribunals are often critical to succeed in arbitration proceedings and to effectively safeguard the rights of parties pending the final adjudication of their dispute. This important book comprises a comprehensive review of interim measures in international commercial arbitration granted by courts and tribunals across jurisdictions that have adopted the UNCITRAL Model Law to critically assess the practical fault lines in the Indian arbitration regime. The book provides an in-depth analysis of the following: all reported judgments of the Indian Supreme Court and the High Courts from 1993 to 2022 on issues concerning interim measures; practical application of the UNCITRAL Model Law (and the revisions in 2006) by national arbitration statutes of over 80 jurisdictions with respect to interim measures; comparative practice and jurisprudence on interim measures in international commercial arbitration; rules of major arbitral institutions on the power and scope of interim measures granted by tribunals; detailed analysis of different types of interim measures, including anti-suit, anti-arbitration injunctions, security for costs, and interim measures in aid of foreign-seated arbitrations, the standards to be applied, and the burden of proof to be demonstrated for each type of measure; and issues of enforcement of interim measures in domestic, international, and foreign seated arbitrations. The current position of law in India and the problems plaguing the country’s Arbitration and Conciliation Act 1996 (IAA), as amended in 2015 with respect to interim measures, are brought into direct comparison with other Model Law jurisdictions, offering an analysis of case laws, practical insights and cogent suggestions based on best practices that can be adopted by parties and tribunals. The Appendices provide a detailed list of statutory provisions of countries that have adopted the Model Law along with rules of major arbitral institutions on interim measures. The author not only describes the current position of law in India and other Model Law jurisdictions on interim measures but also reveals a comprehensive understanding of the requests for interim measures, and their enforcement in domestic, international, and foreign seated arbitrations. This book engages in a comprehensive and clear discussion on the fine line between court assistance and court intervention, especially in the case of interim measures and suggests draft provisions that India and other jurisdictions can adopt in order to align with the 2006 revisions to the Model Law to foster certainty, predictability, and efficiency in case of interim measures in international commercial arbitration.
Author: Lawrence Antony Collins
Publisher: Oxford University Press
ISBN: 9780198265665
Category : Law
Languages : en
Pages : 526
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Book Description
Lawrence Collins, a leading international lawyer, has made a profound contribution to the study and understanding of the Conflict of Laws in England during the past twenty years. He has successfully combined his practice in one of London's leading law firms with unparalleled academic achievement. This volume combines a number of his most widely acclaimed and influential articles on important aspects of the Conflict of Laws, including a reprint of his fascinating 1992 Hague Academy Lectures entitled "Provisional and Protective Measures in International Litigation." Collins has updated and written introductory prefaces for each article to outline the most important subsequent developments since their original publication. Scholarly and incisive, these essays will be compulsory reading for all academics and practitioners interested in international litigation.
Author: Michael K. Addo
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
The number of requests for interim orders of protection registered with the International Court of Justice showed a marked increase between 1990 and 1999. Despite the growing resort to this remedy, the full legal significance of ICJ interim measures remains a matter of continuing debate. The recent requests for and responses to ICJ interim measures to protect rights under the Vienna Convention on Consular Relations (Breard and LaGrand cases) have rekindled the debate as to the binding nature of such orders. Through a review of these recent cases, this article argues that the text of Article 41 alone of the Statute of the ICJ, under which interim orders are made, is an insufficient guide to the legal effect of the orders made thereunder. Despite the imprecision of the language of Article 41, there is adequate evidence based on the principles of interpretation to lend weight to the binding nature of ICJ provisional measures. It is clear form the review of the cases that the direct impact of provisional measures on the protection of human rights makes this conclusion a compelling one. The article also reviews the consequences of the United States' response to the ICJ orders.
Author: Ilias Bantekas
Publisher: Cambridge University Press
ISBN: 9781108498234
Category : Law
Languages : en
Pages : 650
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Book Description
This book provides a comprehensive commentary on the UNCITRAL Model Law on International Arbitration. Combining both theory and practice, it is written by leading academics and practitioners from Europe, Asia and the Americas to ensure the book has a balanced international coverage. The book not only provides an article-by-article critical analysis, but also incorporates information on the reality of legal practice in UNCITRAL jurisdictions, ensuring it is more than a recitation of case law and variations in legal text. This is not a handbook for practitioners needing a supportive citation, but rather a guide for practitioners, legislators and academics to the reasons the Model Law was structured as it was, and the reasons variations have been adopted.
