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Author: Bernard Hanotiau
Publisher: Kluwer Law International
ISBN: 9789041160997
Category : Arbitration (International law)
Languages : en
Pages : 0
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Book Description
Based on consent, a successful arbitration supposes a harmonious cooperation between parties, arbitrators, and other actors of the proceedings, including arbitral institutions. However, many factors can negatively affect the arbitration procedure.
Author: International Chamber of Commerce
Publisher:
ISBN: 9789041131836
Category : Arbitration (International law)
Languages : en
Pages : 509
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Book Description
Documentary evidence is at the heart of the arbitral process. Arbitrators are increasingly confronted with new challenges, such as requests for E-Discovery, as well as ever more frequent objections to confidentiality and privilege. Document production may also confront arbitrators with difficult issues of fraud and forgery. Further, Arbitral tribunals may have to decide which rules apply to issues such as the evidentiary value of documents or their admissibility. The practice of documentary evidence is changing as international arbitrators look for transnational solutions capable of striking a proper balance between efficiency and fairness. Transnational instruments such as the IBA Rules on the Taking of Evidence in International Commercial Arbitration may need to evolve to accommodate new approaches and solutions.
Author: Rémy Gerbay
Publisher: Kluwer Law International B.V.
ISBN: 9041162208
Category : Law
Languages : en
Pages : 442
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Book Description
While thousands of cross-border disputes are successfully resolved each year through institutional arbitration, there appears to be little understanding of the functions exercised by arbitral institutions and their impact on the proceedings they administer. Much like the user of a computer may operate, with relative success, a machine which he does not fully comprehend, users of institutional arbitration have for many decades resolved their disputes successfully through institutional arbitration without fully understanding the precise nature of the functions of what is a key player in the process. This book rectifies this paradoxical gap. It offers a clear yet nuanced overview of the diverse and complex reality of institutional arbitration, while challenging the assumptions conventionally held as to the role of arbitral institutions. This book is the product of a systematic study of the activities performed by over forty leading international arbitration institutions worldwide in their administration of cases (including the ICC, LCIA, ICDR, SCC, SIAC, HKIAC, JAMS, CIETAC, KLRCA, DIS, DIA, NAI, CEPANI etc.). This book also examines a wealth of court decisions and bibliographical sources from the leading civil law and common law jurisdictions (e.g., France, England & Wales, the United Sates, Switzerland, Germany). This book is invaluable to academics and practitioners interested in furthering their theoretical and practical understanding of institutional arbitration and arbitral institutions.
Author: Bernard Hanotiau
Publisher: Kluwer Law International
ISBN: 9789041160997
Category : Arbitration (International law)
Languages : en
Pages : 0
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Book Description
Based on consent, a successful arbitration supposes a harmonious cooperation between parties, arbitrators, and other actors of the proceedings, including arbitral institutions. However, many factors can negatively affect the arbitration procedure.
Author: Gabrielle Kaufmann-Kohler
Publisher: Oxford University Press
ISBN: 0191669199
Category : Law
Languages : en
Pages : 732
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Book Description
This book expounds the theory of international arbitration law. It explains in easily accessible terms all the fundamentals of arbitration, from separability of the arbitration agreement to competence-competence over procedural autonomy, finality of the award, and many other concepts. It does so with a focus on international arbitration law and jurisprudence in Switzerland, a global leader in the field. With a broader reach than a commentary of Chapter 12 of the Swiss Private International Law Act, the discussion contains numerous references to comparative law and its developments in addition to an extensive review of the practice of international tribunals. Written by two well-known specialists - Professor Kaufmann-Kohler being one of the leading arbitrators worldwide and Professor Rigozzi one of the foremost experts in sports arbitration - the work reflects many years of experience in managing arbitral proceedings involving commercial, investment, and sports disputes. This expertise is the basis for the solutions proposed to resolve the many practical issues that may arise in the course of an arbitration. It also informs the discussion of the arbitration rules addressed in the book, from the ICC Arbitration Rules to the Swiss Rules of International Arbitration, the CAS Code, and the UNCITRAL Rules. While the book covers commercial and sports arbitrations primarily, it also applies to investment arbitrations conducted under rules other than the ICSID framework.
Author: Bernard Hanotiau
Publisher:
ISBN: 9789284202386
Category : International commercial arbitration
Languages : en
Pages :
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Book Description
Author: Maud Piers
Publisher: Cambridge University Press
ISBN: 1108287174
Category : Law
Languages : en
Pages : 328
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Book Description
Arbitration in the Digital Age analyses how technology can be efficiently and legitimately used to further sound arbitration proceedings. The contributions, from a variety of arbitration scholars, report on current developments, predict future trends, and assesses their impact from a practical, legal, and technical point of view. The book also discusses the relationship between arbitration and the Internet and analyses how social media can affect arbitrators and counsel's behaviour. Furthermore, it analyses the validity of electronic arbitration and awards, as well as Online Arbitration (OArb). The volume establishes, on a very practical level, how technology could be used by arbitration institutions, arbitrators, parties to an arbitration and counsel. This book will be of special interest to arbitrators and lawyers involved in international commercial arbitration.
Author: Gabrielle Kaufmann-Kohler
Publisher: Oxford University Press
ISBN: 0199679754
Category : Law
Languages : en
Pages : 691
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Book Description
This third edition, and the first in English, of the globally-cited Arbitrage International-Droit et Pratique à la Lumière de la LDIP, provides complete guidance on arbitration law and practice relating to Switzerland from two of the leading authorities on Swiss practice.
Author: Margaret L. Moses
Publisher: Cambridge University Press
ISBN: 1139469975
Category : Law
Languages : en
Pages : 91
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Book Description
This title provides the reader with immediate access to understanding the world of international arbitration. Arbitration has become the dispute resolution method of choice in international transactions. This book explains how and why arbitration works. It provides the legal and regulatory framework for international arbitration, as well as practical strategies to follow and pitfalls to avoid. It is short and readable, but comprehensive in its coverage of the basic requirements, including changes in arbitration laws, rules, and guidelines. In the book, the author includes insights from numerous international arbitrators and counsel, who tell firsthand about their own experiences of arbitration and their views of the best arbitration practices. Throughout the book, the principles of arbitration are supported and explained by the practice, providing a concrete approach to an important means of resolving disputes.
Author: Bernard Hanotiau
Publisher: Kluwer Law International B.V.
ISBN: 9041183868
Category : Law
Languages : en
Pages : 233
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Book Description
Several decades ago, a typical arbitration would involve one claimant against one respondent. Over the years, more and more cases involve several claimants against several respondents. Today, one third of all international ICC arbitrations seem to involve multiparty cases, multi-contract cases involving multiple contracts, multiple parties. The evolution has continued and the debate today is whether it would be possible for a class of people in the same situation or a group of citizens having the same interest to start one single arbitration procedure as a group or as a class. This publication examines the complex issues involved in class or group arbitration on a comparative law basis. Is there a place for such proceedings within the framework of the arbitration process? Class action procedures, as developed in the United States court system and more recently in Canada, are almost nonexistent in Europe. The European Commission has advocated collective redress as an important means of access to justice but class actions have found little enthusiasm in the Members States. The book highlights the lessons which have been learned from the experience of cases in the US and in Europe. What does the future hold for class, collective and mass arbitrations? Are they a marginal phenomenon or has their potential yet to be realized? What are possible solutions to the issues that have been encountered? Can we expect to see more of such arbitrations in the future? Written by arbitrators, academics and practitioners, this Dossier will provide the answers to these questions and many more.
Author: Nigel Blackaby
Publisher: Oxford University Press
ISBN: 019888365X
Category : Law
Languages : en
Pages : 1049
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Book Description
Redfern and Hunter on International Arbitration is an established treatise on the law and practice of international arbitration, the pre-eminent method for the peaceful resolution of disputes in international trade, investment, and commerce. This book serves as an introduction, following the chronology of an arbitration from the drafting of the arbitration agreement right through to the enforcement of the arbitral award. Written by an author team with extensive experience as counsel and abitrators, the book has been read and cited by international lawyers, arbitrators, and judges, and has become a key learning text for teachers, students, and potential arbitrators in colleges and universities across the world. The seventh edition has been significantly revised to incorporate the latest significant developments in the field, includling changes in investor state dispute resolution, leading court decisions on arbitration matters in a wider number of jurisdictions, changes in the 'soft law' of leading international arbitral institutions and of the International Bar Association, and the impact of the COVID-19 pandemic on the practice of international arbitration. This shorter, paperback edition does not include the appendices.
