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Author: Piero Bernardini
Publisher: Springer
ISBN: 9789041110305
Category : Law
Languages : en
Pages : 0
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Book Description
Arbitration law in Italy comes from various sources--the code of civil procedure, certain references within various laws, and the numerous bilateral and multilateral conventions to which Italy is a party. Without guidance, practitioners and academics risk missing an interpretational twist which changes the effect of the law. The Italian Law on Arbitration provides the essential guidance needed to assure a complete, informed understanding of the law. This book concisely and effectively presents the law of arbitration in Italy through individual analyses of all relevant provisions. Accompanying notes, where appropriate, interpret the provisions and provide practical applications of each rule of law in the light of doctrinal writings, court decisions, and field experience. These notes straightforwardly present the current, black letter law on the topic in question. Areas covered include dispute settlement, transnational litigation, conflict of laws, civil law, and procedural law. The Italian Law on Arbitration addresses all of the main problems relating to arbitration as a method of dispute settlement by the parties' election, including relations with state jurisdiction, status of the arbitrator, arbitrator impartiality, related duty of disclosure issues, challenges to arbitral awards, and enforcement of domestic and foreign awards in Italy.
Author: Piero Bernardini
Publisher: Springer
ISBN: 9789041110305
Category : Law
Languages : en
Pages : 0
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Book Description
Arbitration law in Italy comes from various sources--the code of civil procedure, certain references within various laws, and the numerous bilateral and multilateral conventions to which Italy is a party. Without guidance, practitioners and academics risk missing an interpretational twist which changes the effect of the law. The Italian Law on Arbitration provides the essential guidance needed to assure a complete, informed understanding of the law. This book concisely and effectively presents the law of arbitration in Italy through individual analyses of all relevant provisions. Accompanying notes, where appropriate, interpret the provisions and provide practical applications of each rule of law in the light of doctrinal writings, court decisions, and field experience. These notes straightforwardly present the current, black letter law on the topic in question. Areas covered include dispute settlement, transnational litigation, conflict of laws, civil law, and procedural law. The Italian Law on Arbitration addresses all of the main problems relating to arbitration as a method of dispute settlement by the parties' election, including relations with state jurisdiction, status of the arbitrator, arbitrator impartiality, related duty of disclosure issues, challenges to arbitral awards, and enforcement of domestic and foreign awards in Italy.
Author: CARLO RASIA
Publisher: CEDAM
ISBN: 8813374976
Category : Law
Languages : it
Pages : 225
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Book Description
This book is a useful knowledge tool for all those who intend to study the Italian arbitration system in depth, with reference to the regulations and laws currently in force, both within a national and an international framework. The relatively short size of the book is justified by intention to provide an overview of the system, along with a carefully selected list of references of the doctrine and the case law, starting from general notions, then dealing with more specific issues, step by step. It starts from arbitration conventions, followed by the appointment of arbitrators; then the various phases of the arbitration procedure are discussed and commented on, highlighting in particular the taking of evidence, and an emphasis is given to subjective complications of the proceedings. The final section of the book deals with arbitration awards, their review and the recognition and enforcement of foreign awards in Italy. A chapter is dedicated to the delicate relation between arbitration and trial before an Italian judge. To provide and complete the view of arbitration in Italy, the annexes at the end of the book report an non-official translation of the articles of the Italian Code of Civil Procedure dedicated to arbitration (Articles 806-832 and 839-840) and the special law on company arbitration (Legislative Decree No. 5 of 2003).
Author: Massimo V. Benedettelli
Publisher: Kluwer Law International B.V.
ISBN: 9041148280
Category : Law
Languages : en
Pages : 618
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Book Description
Arbitrating cross-border business disputes has been common practice in Italy since centuries. It is no wonder, then, that Italian arbitration law and jurisprudence are ample and sophisticated. Italian courts have already rendered thousands of judgments addressing complex problems hidden in the regulation of arbitration. Italian jurists have been among the outstanding members of the international arbitration community, starting from when back in 1958, Professor Eugenio Minoli was among the promoters of the New York Convention. Being Italy the third-largest economy in the European Union and the eighth-largest economy by nominal GDP in the world, it also comes as no surprise that Italian companies, and foreign companies with respect to the business they do in the Italian market, are among the main ‘users’ of international arbitration, nor that Italy is part to a network of more than 80 treaties aimed to protect inbound and outbound foreign direct investments and being the ground for investment arbitration cases. Moreover, in recent years, Italy has risen to prominence as a neutral arbitral seat, in particular for the settlement of ‘intra-Mediterranean’ disputes, also thanks to the reputation acquired by the Milan Chamber of Arbitration which has become one of the main European arbitral institutions. This book is the first commentary on international arbitration in Italy ever written in English. It is an indispensable tool for arbitrators, counsel, experts, officers of arbitral institutions and judges who happen to be involved in arbitral proceedings or arbitration-related court proceedings somewhat linked to the Italian legal system, either because Italy is the seat of the arbitration, the Italian jurisdiction has been ousted by a foreign-seated arbitration, the assistance of Italian courts is sought for the granting of interim measures or the enforcement of a foreign award or the arbitration results from a multilateral or bilateral investment protection treaty to which Italy is a party. This book may also be of general interest for scholars and practitioners of international arbitration at large to the extent that it deals with the ‘theory’ of international arbitration and illustrates original solutions offered by Italian arbitration law to various complex issues, such as: the potential conflicts (and required balance) between party autonomy and State sovereignty in the governance of arbitrations; the relationship between the New York Convention and the legal system of the State of the arbitral seat; the potential impact on cross-border arbitrations of insolvencies, human rights, or European Union law; the arbitrability of corporate disputes; the extension of arbitration agreements to ‘necessary parties’. Appendixes include an English translation of the main provisions of Italian law relevant to arbitration, a list of the investment protection treaties to which Italy is a party, and an English version of the Rules of Arbitration of the Milan Chamber of Arbitration. The author, who is full professor of international law, name partner of ArbLit (the first Italian boutique focusing on cross-border dispute settlement) and the current Italian member of the ICC Court of Arbitration, has written the book aiming to combine his academic background with his long-standing experience as counsel and arbitrator.
Author: Louise Hauberg Wilhelmsen
Publisher: Edward Elgar Publishing
ISBN: 1788115058
Category : Law
Languages : en
Pages : 288
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Book Description
The Brussels I Regulation, which ensures the free circulation of judgments within the EU, was recently revised; one of the main issues addressed was whether the Regulation affects the efficient resolution of international commercial disputes through arbitration within the Union. This book provides an in depth examination of the interface between the Regulation and international commercial arbitration. The author demonstrates that the consequences of this interface can encourage the use of delaying tactics, hampering the efficient resolution of international disputes.
Author: United Nations. International Law Commission
Publisher:
ISBN:
Category : International law
Languages : en
Pages :
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Book Description
Author: Michele Angelo Lupoi
Publisher: Kluwer Law International B.V.
ISBN: 9041195750
Category : Law
Languages : en
Pages : 314
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Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient volume provides comprehensive analysis of the legislation and rules that determine civil procedure and practice in Italy. Lawyers who handle transnational matters will appreciate the book’s clear explanation of distinct terminology and application of rules. The structure follows the classical chapters of a handbook on civil procedure: beginning with the judicial organization of the courts, jurisdiction issues, a discussion of the various actions and claims, and then moving to a review of the proceedings as such. These general chapters are followed by a discussion of the incidents during proceedings, the legal aid and legal costs, and the regulation of evidence. There are chapters on seizure for security and enforcement of judgments, and a final section on alternative dispute resolution. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Succinct, scholarly, and practical, this book will prove a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Italy will welcome this very useful guide, and academics and researchers will appreciate its comparative value as a contribution to the study of civil procedure in the international context.
Author: Dr King Kui Sin
Publisher: Ashgate Publishing, Ltd.
ISBN: 1409469689
Category : Law
Languages : en
Pages : 351
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Book Description
This volume investigates advances in the field of legal translation both from a theoretical and practical perspective, with professional and academic insights from leading experts in the field. Part I of the collection focuses on the exploration of legal translatability from a theoretical angle. Covering fundamental issues such as equivalence in legal translation, approaches to legal translation and the interaction between judicial interpretation and legal translation, the authors offer contributions from philosophical, rhetorical, terminological and lexicographical perspectives. Part II focuses on the analysis of legal translation from a practical perspective among different jurisdictions such as China, the EU and Japan, offering multiple and pluralistic viewpoints. This book presents a collection of studies in legal translation which not only provide the latest international research findings among academics and practitioners, but also furnish us with a new approach to, and new insights into, the phenomena and nature of legal translation and legal transfer. The collection provides an invaluable reference for researchers, practitioners, academics and students specialising in law and legal translation, philosophy, sociology, linguistics and semiotics.
Author: Trevor Cook
Publisher: Kluwer Law International B.V.
ISBN: 9041127259
Category : Law
Languages : en
Pages : 498
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Book Description
More and more, intellectual property disputes tend to be multijurisdictional in nature, and parties everywhere are turning to international arbitration as the most promising means of resolution. Although these two legal specialisms ' intellectual
Author: Permanent Court of Arbitration
Publisher:
ISBN:
Category : Arbitration (International law)
Languages : en
Pages : 792
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Book Description
Author: Lars Heuman
Publisher: Juris Publishing, Inc.
ISBN: 1929446918
Category : Law
Languages : en
Pages : 654
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Book Description
In 2004, Sweden's Arbitration Act of 1999 was five years old. Inspired by UNCITRAL's Model Law while perpetuating features of the 1929 Act, it introduced many new concepts, such as establishing rules to determine the law applicable to the agreement to arbitrate, authorizing the arbitrators to decide the existence of facts and to fill gaps in contracts, making competition law issues arbitrable, affording the respondent the right to have the dispute resolved if the claimant withdraws its claim, authorizing truncated tribunals where an arbitrator obstructs the work of the tribunal. The new Act further gives arbitrators power to decide interim measures of protection and accepts that foreign parties waive in advance the possibility to set aside the arbitral award. In order to learn about the experience of Swedish and foreign practitioners, arbitrators and judges during the five years since the Act was adopted, the Stockholm Arbitration Report and the Institute of Arbitration Law at the University of Stockholm, organized a symposium on 7 and 8 October 2004. The symposium, was arranged in co-operation with the Arbitration Institute of the Stockholm Chamber of Commerce (SCC), the China International Economic and Trade Arbitration Commission (CIETAC), the Hong Kong International Arbitration Centre (HKIAC), the ICC International Court of Arbitration, the International Centre for Dispute Resolution (ICDR), the International Commercial Arbitration Court at the CCI of the Russian Federation, JAMS, the London Court of International Arbitration (LCIA), Revue de l’arbitrage, the Swedish Bar Association and UNCITRAL. This book contains the papers presented to the six working sessions and the full discussions that took place.
