Author: Publisher:
ISBN:
Category :
Languages : en
Pages : 494
Book Description
Proceedings Before the Permanent Court of Arbitration
Author: Parallel Proceedings in International Arbitration
Author: Nadja ErkPublisher:
ISBN: 9789041152640
Category : Law
Languages : en
Pages : 318
Book Description
This book depicts and evaluates, in a European context, the pleas and actions which parties may make use of to dissolve the parallel jurisdiction of a national court and an arbitral tribunal. The author undertakes a thorough comparative analysis of the motivations for, and practice of, such pleas and actions with special regard to the major hubs where elaborate arbitration laws are tried and tested by the arbitration community - Germany, France, Switzerland, and England. 0On the basis of four scenarios of parallel proceedings before national courts and arbitral tribunals, the analysis tackles such issues and topics as the following: motivations for initiating parallel proceedings from the various parties' perspectives; remedies available to parties in situations of jurisdictional conflicts; effect of the principle of competence-competence on national courts' review of arbitration agreements; pleas restricting national courts' exercise of jurisdiction to a review of core principles (arbitration defence); self-restraining pleas independent of an arbitration agreement (plea of litispendence); actions for declaratory relief; actions aimed at restraining another court's or tribunal's jurisdiction (anti-suit/anti-arbitration injunctions); pleas invoked to avoid procedural inefficiencies and inconsistencies (plea of res judicata); counsel's duty of care and arbitral tribunal's mandate to issue an enforceable award; and litigation culture versus arbitration-friendliness.
International Arbitration and the Permanent Court of Arbitration
Author: Manuel IndlekoferPublisher: Kluwer Law International B.V.
ISBN: 9041147748
Category : Law
Languages : en
Pages : 480
Book Description
The modern tendency to restrict international arbitration to matters of commerce and investment is succumbing to a renewed recognition of the original impetus for dispute resolution by arbitration – i.e., matters of public international law, most importantly the settlement of disputes that pose a threat of international conflict. Recent developments suggest a renaissance of public international arbitration, most clearly manifested in the present flourishing of the Permanent Court of Arbitration (PCA), the oldest existing dispute settlement institution in international law. As the calls for the development of new and more appropriate methods for dispute settlement in international law increased during the 1990s, the PCA undertook a structural reform and is today a vital forum for dispute settlement, with scores of arbitrations currently pending under its auspices. This book – the most comprehensive study of the institution to date, covering its history, its present status, and its future prospects – proves the PCA’s contemporary relevance within the international dispute settlement framework. Among aspects of the PCA’s work covered are the following: how public international arbitration functions in comparison to other means available for dispute settlement in international law; the PCA’s historical contributions to the current dispute settlement framework; arbitrations between a state and a non-state actor that are in whole or in part governed by public international law; the fields in which public international arbitration plays a revived role; the PCA’s present-day institutional framework and its current activities; the prospects for public international arbitration and the PCA in the dispute settlement framework of the twenty-first century; and proposals to increase the PCA’s activities in future and to sustain and enhance the institution’s ongoing revitalization. A very useful Practitioner’s Guide provides an overview of the PCA’s various services and the best means of accessing them, along with a summary of the key provisions of the new PCA Arbitration Rules 2012. For lawyers who are involved in dispute resolution proceedings, there can be little doubt about the PCA’s relevance. This book is at once an academic work, indispensable for scholars of the institution, and a practical guide that will be a required addition to the libraries of counsel, arbitrators, and others involved in dispute resolution proceedings conducted at the PCA.
The Permanent Court of Arbitration:International Arbitration and Dispute Resolution
Author: P. HamiltonPublisher: Kluwer Law International B.V.
ISBN: 9041112332
Category : Law
Languages : en
Pages : 338
Book Description
Since its creation at the epoch-making Hague Peace Conference of 1899, which was attended by 26 states, the Permanent Court of Arbitration has contributed significantly to the development of peaceful means to resolve international disputes. In case after case, the Court's tribunals have prevented international incidents and other tensions from flaring into open hostility, and set precedents that greatly curtail the justification of violence between nations.
Basic Documents
Author: Permanent Court of ArbitrationPublisher:
ISBN:
Category : Arbitration (International law)
Languages : en
Pages : 296
Book Description
Interpretation, Revision and Other Recourse from International Judgments and Awards
Author: Shabtai RosennePublisher: BRILL
ISBN: 9047421469
Category : Law
Languages : en
Pages : 224
Book Description
Although there had been a few cases of the interpretation of judgments of the Permanent Court of International Justice and the International Court of Justice, it was not until the mid-1980s that serious judicial discussion of the related problems of the interpretation and revision by the International Court of one of its own judgments came before the Court. Similar cases have also arisen in international arbitration proceedings between States. Interpretation, revision, and other forms of ‘reference’ to the International Court from some other international body, court or arbitral tribunal have produced a complex pattern of black letter texts supplemented by an even more complex set of judge made rules and practices. The close tie between the final decision and the highly political context of the obligation to comply with it produces a continuing tension between the finality of the decision and any one of the possible references in recourse from it. If any tendency can be discerned from the relevant materials it is in the strong preference for maintaining the integrity and the authority of the res judicata, provided that no obvious miscarriage of justice is engendered. Interpretation is preferable to revision. This book is the first in the series International Litigation in Practice. The series will consist of short, concise, practical booklets to be of use for practitioners pleading before international courts and tribunals, and everyone else involved and / or interested in the activities of these courts.
Arbitrating Under the 2012 ICC Rules
Author: Jacob GriersonPublisher:
ISBN: 9789041138170
Category : Arbitration (International law)
Languages : en
Pages : 0
Book Description
Focusing on the 2012 ICC Rules and– which apply to all ICC arbitrations commenced on or after 1 January 2012 unless the parties have agreed that an earlier version should apply and– this book serves the needs of the following parties: those who want a full introduction to the topic of ICC arbitration; those who already have a good understanding of how ICC arbitration worked under the old 1998 ICC Rules but are looking for an update on the new 2012 ICC Rules; those who need to take a decision on whether to opt for ICC arbitration; those who have opted for ICC arbitration and need to draft an ICC arbitration clause; and those who are actually faced with the prospect of an ICC arbitration. As far as possible, the book is structured so as to follow the sequence of events that would typically take place in the resolution of a dispute by arbitration. Following a discussion of preliminary matters, the authors go on to describe the process leading from negotiation to arbitration, the initial decisions that may be taken by the ICC International Court of Arbitration, and the different steps in the proceedings before the arbitral tribunal. The book concludes with a discussion of the award and its enforcement. Extensive references to relevant books, articles, websites and other resources as well as a comprehensive glossary further enhance the bookand’s practical value.
Arbitration in the Next Decade
Author: International Chamber of Commerce. International Court of ArbitrationPublisher:
ISBN:
Category : Arbitration (International law)
Languages : en
Pages : 130
Book Description
Jurisdiction, Admissibility and Choice of Law in International Arbitration: Liber Amicorum Michael Pryles
Author: Neil KaplanPublisher: Kluwer Law International B.V.
ISBN: 9041186387
Category : Law
Languages : en
Pages : 442
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.
The Hague Peace Conferences of 1899 and 1907 and International Arbitration:Reports and Documents
Author: Shabtai RosennePublisher: T.M.C. Asser Press
ISBN: 9789067041348
Category : Law
Languages : en
Pages : 458
Book Description
When the Permanent Court of Arbitration (PCA) was founded just over a century ago the practice of referring disputes to international tribunals was un usual. Instead, arbitration, with its procedural emphasis on party-autonomy, was seen as the only acceptable way for sovereign states to settle their differences peacefully. War and neutrality, as Professor Shabtai Rosenne explains in his in troduction to this most welcome publication of extracts from the proceedings of the International Peace Conferences, were regarded as inevitable realities of in ternational relations as late as the mid-twentieth century. Moreover, a perma nent tribunal with international jurisdiction would not have stood much chance of either success, or survival, at the end ofthe nineteenth century. The First International Peace Conference in 1899 adopted the 1899 Conven tion for the Pacific Settlement of International Disputes, the objectives of which were international disarmament and the strengthening of international dispute settlement as an alternative to war. The 1899 Convention alsocreated the PCA in an effort to institutionalize dispute resolution through a third party mechanism.
