Swiss International Arbitration Law Reports, 2007-2009 Vols. 1-3 PDF Download
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Author: Paolo Michele Patocchi
Publisher: Juris Publishing, Inc.
ISBN: 1937518043
Category : Law
Languages : en
Pages : 1604
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Book Description
he Swiss International Arbitration Law Reports provides for the first time a full English translation of the decisions made by the Swiss Federal Supreme Court on a biannual basis, irrespective of whether the original decision was published in the German, French or Italian language, or whether the decision has been officially published or is simply available on the Court's website. The English translation is presented in parallel to the original text of each decision, and it is preceded by a head note and a summary of the decision for the reader in a hurry. All decisions directly relating to international arbitration will be translated, including those that deal with setting aside proceedings, the enforcement of arbitration agreements or the recognition and enforcement of foreign arbitral awards in Switzerland under the New York Convention, 1958. Switzerland is historically one of the preferred venues for international commercial arbitration. Arbitrations taking place in Switzerland relate not only to contracts between European corporations, but also to contracts made in East-West trade or contracts between parties in the Northern and the Southern hemisphere. The most important decisions on international arbitration are made by Switzerland's highest court, the Federal Supreme Court. Anyone who needs to consider the position of the Swiss law on international arbitration is bound to consult these decisions. In addition, due to the leading role of Switzerland in international arbitration, the Court's decisions are frequently relied upon by arbitral tribunals in international arbitrations outside Switzerland.
Author: Paolo Michele Patocchi
Publisher: Juris Publishing, Inc.
ISBN: 1937518043
Category : Law
Languages : en
Pages : 1604
Get Book Here
Book Description
he Swiss International Arbitration Law Reports provides for the first time a full English translation of the decisions made by the Swiss Federal Supreme Court on a biannual basis, irrespective of whether the original decision was published in the German, French or Italian language, or whether the decision has been officially published or is simply available on the Court's website. The English translation is presented in parallel to the original text of each decision, and it is preceded by a head note and a summary of the decision for the reader in a hurry. All decisions directly relating to international arbitration will be translated, including those that deal with setting aside proceedings, the enforcement of arbitration agreements or the recognition and enforcement of foreign arbitral awards in Switzerland under the New York Convention, 1958. Switzerland is historically one of the preferred venues for international commercial arbitration. Arbitrations taking place in Switzerland relate not only to contracts between European corporations, but also to contracts made in East-West trade or contracts between parties in the Northern and the Southern hemisphere. The most important decisions on international arbitration are made by Switzerland's highest court, the Federal Supreme Court. Anyone who needs to consider the position of the Swiss law on international arbitration is bound to consult these decisions. In addition, due to the leading role of Switzerland in international arbitration, the Court's decisions are frequently relied upon by arbitral tribunals in international arbitrations outside Switzerland.
Author: Jeffrey Waincymer
Publisher: Kluwer Law International B.V.
ISBN: 9041140670
Category : Law
Languages : en
Pages : 1363
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Book Description
Central to the book’s purpose is the procedural challenge facing arbitrators at each and every stage of the arbitral process when fairness arguments conflict with efficiency concerns and trade-offs must be determined. Some key themes include how can a tribunal be fair, and in particular be neutral, if parties are so diverse? How can arbitration be made efficient and cost-effective without undue inroads into fairness and accuracy? How does a tribunal do what is best if the parties are choosing a suboptimal process? When can or must an arbitrator ignore procedural choices made by the parties? The author thoroughly evaluates competing arguments and adds his own practical tips, expertly synthesizing and engaging with the conference literature and differing authors’ views. He identifies criteria that offer a harmonized approach to each stage of the arbitral process, with particular attention to such aspects of international arbitration as: appropriate trade-offs between flexibility and certainty; the rights, duties and powers of arbitrators; appointment and challenge of arbitrators; responses to ‘guerilla’ tactics; drafting of arbitration agreements, including specialty clauses; drafting of required commencement notices and response documents; set-off; fast track arbitration and other efficiency options; strategic use of preliminary conferences and timetabling; online arbitration; multi-party, multi-contract, class arbitration; amicus and third party funders; pre-arbitral referees and interim relief; witness evidence, both factual and expert; documentary evidence, production obligations, and challenges to production; identifying applicable law; and remedies and costs.
Author: Paolo Michele Patocchi
Publisher: Juris Publishing, Inc.
ISBN: 1937518086
Category : Law
Languages : en
Pages : 632
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Book Description
The Swiss International Sports Arbitration Reports provides for the first time a full English translation of the decisions made by the Swiss Federal Supreme Court in setting aside proceedings against awards made by Court of Arbitration for Sport (CAS) panels, irrespective of whether the original decision was published in the German, French or Italian language, or whether the decision has been officially published or is simply available on the Court’s website. The English translation is presented parallel to the original text of each decision, and is preceded by a head note and a summary of the decision for the reader in a hurry. The importance of the CAS based in Lausanne is well known to all practitioners engaged in sports law and arbitration. It was once famously described as the "Supreme Court of World Sports." Whether a CAS panel decides in ordinary arbitration proceedings or in an appeal brought against the decision of a federation, association or sports related body, the Swiss Federal Supreme Court in Lausanne has the last word where the dissatisfied party challenges the CAS panel’s decision in court proceedings.This work is edited by two well-known Swiss practitioners, both of whom are engaged full-time in international arbitration as counsel and arbitrators, and have published widely on issues of international law and arbitration. This publication will be of great use to arbitrators, parties, lawyers involved in sports arbitration as well as commentators who will benefit from access to case law in one key jurisdiction for international sports arbitration.
Author: Annette Magnusson
Publisher: Kluwer Law International B.V.
ISBN: 9403525622
Category : Law
Languages : en
Pages : 557
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Book Description
Sweden is one of a handful of countries where the international arbitral process has reached a stage where the jurisprudence is replete with instances involving no local parties at all. In this context of credible neutrality, the Arbitration Institute of the Stockholm Chamber of Commerce (SCC) has emerged as a leading global arbitral institution. Whether the matter at issue is a business transaction dispute or a politicized conflict involving obdurate parties, the richness of its body of decided cases manifests the SCC’s authority and reliability throughout the converging world of international arbitration. The present book, written by sixteen eminent practitioners and now in its second edition, provides a practical guide to international arbitration in Sweden, whether ad hoc or institutional. Among the many elements of practice and procedure detailed are the following: appointment, challenge, removal, and compensation of arbitrators; procedural efficiency and costs; use of international legal sources such as IBA guidelines; choice of law by parties; SCC rules and procedures; multiparty arbitrations – joinder, intervention, consolidation; investment treaty arbitration; confidentiality; documentary evidence, witnesses, and experts; grounds for setting aside; party succession; Swedish court review of the arbitrator’s jurisdiction; and appeal of arbitrators’ compensation. In addition, readers will be exposed to a trove of pertinent references to important decisions that have, in recent decades, been generated by the stream of major international arbitrations conducted in Sweden. Disputing parties wishing to know what will happen when their case is brought to Sweden for arbitration will find no clearer or more thorough guide. This book is an incomparable source for anyone called upon to act as arbitrator or counsel, or in any other capacity, in international arbitration in Sweden.
Author: Dr. Manuel Arroyo
Publisher: Kluwer Law International B.V.
ISBN: 9041192743
Category : Law
Languages : en
Pages : 2862
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Book Description
Arbitration in Switzerland
Author: R. Doak Bishop
Publisher: Juris Publishing, Inc.
ISBN: 1933833610
Category : Arbitration (International law)
Languages : en
Pages : 668
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Book Description
Written by today’s leading arbitrators and counsel, this remarkably candid guide provides insight into the practitioner’s approach, conduct, style, and techniques that have proven most effective. While the facts and the law are fundamental, a successful outcome is the product of painstaking document review, witness interviews, legal research, strategizing and focusing the case, and developing compelling written and oral presentations. How to properly perform these tasks is the subject of this book. And where the first edition focused mainly on the cultural differences in advocacy performed in various regions of the world, this new edition expands on this theme by addressing each functional aspect of an international arbitration and the techniques that have been developed for good written and oral advocacy. Intended to assist both the novice in learning the techniques of advocacy, and the experienced advocate in improving his skills, this is an essential reference.
Author: Thomas H. Webster
Publisher: Sweet & Maxwell
ISBN: 0414044630
Category : Law
Languages : en
Pages : 1017
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Book Description
Handbook of ICC Arbitration provides expert analysis of the whole process of using and adhering to the ICC Arbitration Rules. It examines close up the diverse issues that can occur during an arbitration and hosts essential information related to arbitration on an international level with reference to published and unpublished awards and procedural orders, as well as to many decisions of national courts.
Author: Emmanuel Obiora Igbokwe
Publisher: Kluwer Law International B.V.
ISBN: 9403520868
Category : Law
Languages : en
Pages : 455
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Book Description
International Arbitration Law Library, Volume 65 International commercial arbitration is by no means free from bribery and corruption. Although a plethora of legal scholarship clearly affirms this contention, a thorough study on the particularly important question of the authority and duty of international commercial arbitrators to investigate a suspicion or indication of bribery or corruption sua sponte ¬– that is, on their own initiative – has been surprisingly lacking. This important book fills this gap, inter alia, by locating sua sponte authority in the position of arbitral tribunals in establishing the facts of a case and ascertaining and applying the applicable normative standards. In addition to providing a comprehensive examination of how the issue of bribery and corruption is dealt with in contemporary international commercial arbitration, the book also highlights the role of arbitrators in global efforts to combat transnational commercial bribery and corruption. Among others, the following critical issues are thoroughly investigated: arbitrability of issues of public interests; intermediary contracts; role of arbitrators in the fact-finding process; party autonomy versus overriding mandatory rules; iura novit curia in international commercial arbitration in the context of bribery and corruption; notion of transnational (or ‘truly international’) public policy; arbitrators’ duty to act as guardians of international commerce; investigative tools available to arbitrators; dealing with manifestly recalcitrant parties; possible consequences of violating the obligation to sua sponte investigate; and the view from developing countries. The analysis leans primarily on Swiss law, as Switzerland is one of the most important jurisdictions in international commercial arbitration; Switzerland has also been involved in some of the most famous and controversial arbitration cases wherein bribery and corruption became an issue. However, the study also includes a comparative analysis of the relevant laws, jurisprudence, and doctrine of other major arbitration venues, particularly England, France, and Germany. Not only in the light it sheds on how and whether international commercial arbitrators have hitherto justified the trust States have placed in them regarding the protection of the public interests but also in the practical solutions it offers arbitrators faced with issues of bribery and corruption, this deeply researched book equips arbitration practitioners and arbitration institutions with a hitherto lacking in-depth analysis on the question of sua sponte investigation. It also provides invaluable insights on how this issue might affect the future, legitimacy and expansion of this dispute settlement mechanism. Outside the field of arbitration, the book also provides jurists, legal scholars, in-house counsel for companies doing transnational business and public officials with highly enlightening perspectives on the interaction between international commercial arbitration and public interests.
Author: John R. Campbell
Publisher: Routledge
ISBN: 1136660410
Category : Business & Economics
Languages : en
Pages : 265
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Book Description
In 1998 a bloody war erupted in The Horn of Africa between Ethiopia and Eritrea. During the war Ethiopia arrested and expelled 70,000 of its citizens, and stripped another 50,000-plus of their citzenship on the basis of their presumed ethnicity. Nationalism, Law and Statelessness: Grand Illusions in the Horn of Africa examines the events which led up to the war, documents the expulsions and denationalisations that took place and follows the flight of these stateless Ethiopians out of the Horn into Europe. The core issue examined is the link between sovereignty and statelessness as this plays out in The Horn of Africa and in the West. The book provides a valuable insight into how nations create and perpetuate statelessness, the failure of law, both national and international, to protect and address the plight of stateless persons, and the illusory nature of nationalism, citizenship and human rights in the modern age. The study is one of a very few which examines the problem of statelessness through the accounts of stateless persons themselves. This book will be of great interest to students and researchers in anthropology, law, politics, African studies and refugee studies as well as professionals and all those interested in stateless persons in the West, including Eritreans, who continue to be denied basic rights.
Author: Christopher Greenwood
Publisher: Cambridge University Press
ISBN: 110847358X
Category : Law
Languages : en
Pages : 799
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Book Description
Decisions of international courts and arbitrators, as well as judgments of national courts, are fundamental elements of modern public international law. The International Law Reports is the only publication in the world wholly devoted to the regular and systematic reporting in English of such decisions. It is therefore an absolutely essential work of reference. Volume 181 is devoted to the 2018 judgment of the Grand Chamber of the Court of Justice of the European Union in Slovak Republic v. Achmea BV, the 2018 judgment of the Grand Chamber of Court of Justice of the European Union in R (Western Sahara Campaign UK) v. Commissioners for Her Majesty's Revenue and Customs and Another and the translated judgment of the Norwegian Borgarting Court of Appeal in Huseini v. Ministry of Justice and Public Security.
