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Author: Janice Lee
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Arbitral institutions have traditionally been regarded as providing "merely administrative" functions in the conduct of institutional arbitration. This paper argues that arbitral institutions are significant players in safeguarding and promoting the parties' due process rights, by ensuring both (1) access to effective arbitration as a gatekeeper, and (2) fairness of procedure through its oversight functions. Moreover, due to the proliferation of increasingly complex institutional rules, arbitral institutions also engage in functions that have the potential to substantially influence parties' recourse to alternative dispute resolution.
Author: Janice Lee
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Arbitral institutions have traditionally been regarded as providing "merely administrative" functions in the conduct of institutional arbitration. This paper argues that arbitral institutions are significant players in safeguarding and promoting the parties' due process rights, by ensuring both (1) access to effective arbitration as a gatekeeper, and (2) fairness of procedure through its oversight functions. Moreover, due to the proliferation of increasingly complex institutional rules, arbitral institutions also engage in functions that have the potential to substantially influence parties' recourse to alternative dispute resolution.
Author: João Ilhão Moreira
Publisher: Bloomsbury Publishing
ISBN: 1509962719
Category : Law
Languages : en
Pages : 217
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Book Description
This book addresses how the regulation of international commercial arbitrators takes place. International commercial arbitrators are a unique category of service providers because they are not organised as other professionals such as accountants, lawyers and doctors. The book provides an overview of how and why the regulation of international commercial arbitrators diverged from that of other professions. It also argues that, despite these differences, there is an effective regulatory environment overseeing the behaviour of international commercial arbitrators. The book unpicks the different elements that contribute to the creation and enforcement of professional norms in this field. It explains how the specific characteristics of the arbitral market create strong incentives for ethical norms to be created, even in the absence of the institutions that usually address these issues in other fields. It also describes how market and social forces drive arbitrators to comply with these norms in most circumstances. Finally, the book addresses the ways in which this regulatory system also explains some of the perceived weaknesses of arbitration, namely the rising costs of proceedings and the perceived unfairness of appointments.
Author: Andreas Wehowsky
Publisher: sui generis Verlag
ISBN: 3907297423
Category : Law
Languages : en
Pages : 358
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Book Description
International arbitration has enjoyed remarkable success. However, in recent years repeated concerns relating to the efficiency of the proceedings have emerged. These concerns have led to the introduction of provisions for expedited arbitral procedures. Through analysing various arbitration rules, this book will examine the require-ments under which expedited procedures are admissible, what the central char-acteristics of such procedures are, and how such procedures can be classified and described in comparison to a conventional arbitral procedure. A significant part will examine the tension between procedural efficiency on the one hand and on quality of the procedure and award on the other. In an excursus, early determination procedures will be examined to complete the tool box to increase procedural efficiency.
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:
Publisher: Kluwer Law International B.V.
ISBN: 9041194460
Category : Law
Languages : en
Pages : 1120
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Book Description
Volume 19 of the Congress Series contains the proceedings of ICCA's 2016 Mauritius Congress, the first ICCA Congress held in Africa. In this volume, renowned practitioners, scholars and jurists from the region and around the world explore the contribution of arbitration to the rule of law and economic development; the conformity of arbitration with international standards of due process and the rule of law; and the benefits and challenges of arbitration in Africa. Topical issues of interest for practitioners, academics and students of arbitration - in the region and internationally - include: • Due process issues in constituting the arbitral tribunal and challenging its members • Interim measures issued by arbitral tribunals and domestic courts • Burden, standard and types of proof in the corruption defence • What to do (and what to avoid doing) to prepare a persuasive case • Do post-award remedies ensure conformity of the arbitral process with the rule of law? • Do rules and guidelines properly regulate the conduct of arbitration? • The interface between domestic courts and arbitral tribunals • What are appropriate remedies for findings of illegality in investment arbitration? • The effect of foreign national court judgments relating to the arbitral award • What does the future hold for investment arbitration in Africa and beyond?
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Jan Paulsson
Publisher:
ISBN: 0199564167
Category : Law
Languages : en
Pages : 331
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Book Description
Providing a theoretical examination of the concept of arbitration, this book explores the place of arbitration in the legal process and examines the ethical challenges to arbitral authority and its moral hazards.
Author: Lisa Bench Nieuwveld
Publisher: Kluwer Law International B.V.
ISBN: 9041161120
Category : Law
Languages : en
Pages : 330
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Book Description
Since the first edition of this invaluable book in 2012, third-party funding has become more mainstream in international arbitration practice. However, since even the existence of a third-party funding agreement in a dispute is often kept secret, it can be difficult to glean the specifics of successful funding agreements. This welcome book, now updated, expertly reveals the nuances of third-party funding in international arbitration, examines the phenomenon in key jurisdictions, and provides a reliable resource for users and potential users that may wish to tap into and make use of this distinctive funding tool. Focusing on Australia, the United Kingdom, the United States, Germany, the Netherlands, Canada, and South Africa, the authors analyze and assess the legal regime based upon legislation, judicial opinions, ethics opinions, and practitioner anecdotes describing the state of third-party funding in each jurisdiction. In addition to updating summaries of the law of the various jurisdictions, the second edition includes a new chapter addressing third-party funding in investor-state arbitration. Among the issues raised and examined are the following: · payment of adverse costs; · “Before-the-Event” (BTE) and “After-the-Event” (ATE) insurance; · attorney financing: pro bono representation, contingency representation, conditional fee arrangements; · loans; · ethical doctrines affecting the third-party funding industry; · possible future bundling, securitization, and trading of legal claims; · risk that the funder may put its own interests ahead of the client’s interests; and · whether the existence of a funding agreement must or should be disclosed to the decision maker. The second edition also includes discussion of recent institutional developments as they relate to third-party funding, including the work of the ICCA-Queen Mary Task Force on Third-Party Funding and how third-party funding is being incorporated into arbitral rules and investment treaties. Ably providing a thorough understanding of what third-party funding entails and what legal parameters exist, this book will be of compelling interest to parties aiming to take advantage of the high values, speed, reduced evidentiary costs, outcome predictability, industry expertise, and high award enforceability characteristic of the third-party funding arrangements available in international arbitration.
Author: Alec Stone Sweet
Publisher: Oxford University Press
ISBN: 0191060240
Category : Law
Languages : en
Pages : 207
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Book Description
The development of international arbitration as an autonomous legal order comprises one of the most remarkable stories of institution building at the global level over the past century. Today, transnational firms and states settle their most important commercial and investment disputes not in courts, but in arbitral centres, a tightly networked set of organizations that compete with one another for docket, resources, and influence. In this book, Alec Stone Sweet and Florian Grisel show that international arbitration has undergone a self-sustaining process of institutional evolution that has steadily enhanced arbitral authority. This judicialization process was sustained by the explosion of trade and investment, which generated a steady stream of high stakes disputes, and the efforts of elite arbitrators and the major centres to construct arbitration as a viable substitute for litigation in domestic courts. For their part, state officials (as legislators and treaty makers), and national judges (as enforcers of arbitral awards), have not just adapted to the expansion of arbitration; they have heavily invested in it, extending the arbitral order's reach and effectiveness. Arbitration's very success has, nonetheless, raised serious questions about its legitimacy as a mode of transnational governance. The book provides a clear causal theory of judicialization, original data collection and analysis, and a broad, relatively non-technical overview of the evolution of the arbitral order. Each chapter compares international commercial and investor-state arbitration, across clearly specified measures of judicialization and governance. Topics include: the evolution of procedures; the development of precedent and the demand for appeal; balancing in the public interest; legitimacy debates and proposals for systemic reform. This book is a timely assessment of how arbitration has risen to become a key component of international economic law and why its future is far from settled.
Author: Kelly Stephen Searl
Publisher:
ISBN:
Category : Court rules
Languages : en
Pages : 520
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Book Description
