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Author: Gary Born
Publisher:
ISBN: 9789041183880
Category : Arbitration (International law)
Languages : en
Pages : 326
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Book Description
Preface and Acknowledgements --Preface and Acknowledgements to the Fifth Edition --Planning for International Dispute Resolution --Drafting International Forum Selection Clauses --Drafting International Arbitration Agreements --Enforcing International Forum Selection Agreements --Enforcing International Arbitration Agreements --Recognizing and Enforcing Foreign Judgments --Recognizing and Enforcing International Arbitral Awards --Drafting and Enforcing Choice-of-Law Clauses --United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards ("New York Convention"), New York, 10 June 1958 --Convention of 30 June 2005 on Choice of Court Agreements ("Hague Convention on Choice of Court Agreements") --UNCITRAL Model Law on International Commercial Arbitration (1985) --UNCITRAL Model Law on International Commercial Arbitration (2006 Revisions) --UNCITRAL Arbitration Rules (as revised in 2010) --International Arbitral Institutions --Select Bibliography on International Arbitration and Forum Selection Agreements --Model Submission Agreement --Model Institutional Arbitration Clauses --Representative International Arbitration Clauses.
Author: Gary Born
Publisher:
ISBN: 9789041183880
Category : Arbitration (International law)
Languages : en
Pages : 326
Get Book Here
Book Description
Preface and Acknowledgements --Preface and Acknowledgements to the Fifth Edition --Planning for International Dispute Resolution --Drafting International Forum Selection Clauses --Drafting International Arbitration Agreements --Enforcing International Forum Selection Agreements --Enforcing International Arbitration Agreements --Recognizing and Enforcing Foreign Judgments --Recognizing and Enforcing International Arbitral Awards --Drafting and Enforcing Choice-of-Law Clauses --United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards ("New York Convention"), New York, 10 June 1958 --Convention of 30 June 2005 on Choice of Court Agreements ("Hague Convention on Choice of Court Agreements") --UNCITRAL Model Law on International Commercial Arbitration (1985) --UNCITRAL Model Law on International Commercial Arbitration (2006 Revisions) --UNCITRAL Arbitration Rules (as revised in 2010) --International Arbitral Institutions --Select Bibliography on International Arbitration and Forum Selection Agreements --Model Submission Agreement --Model Institutional Arbitration Clauses --Representative International Arbitration Clauses.
Author: Gary B. Born
Publisher: Kluwer Law International B.V.
ISBN: 9041154159
Category : Law
Languages : en
Pages : 5674
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Book Description
The second edition of Gary Born's International Commercial Arbitration is an authoritative 4,408 page treatise, in three volumes, providing the most comprehensive commentary and analysis, on all aspects of the international commercial arbitration process, that is available. The first edition of International Commercial Arbitration is widely acknowledged as the preeminent commentary in the field. It was awarded the 2011 Certificate of Merit by the American Society of International Law and was voted the International Dispute Resolution Book of the Year by the Oil, Gas, Mining and Infrastructure Dispute Management list serve in 2010. The first edition has been extensively cited in national court decisions and arbitral awards around the world. The treatise comprehensively examines the law and practice of contemporary international commercial arbitration, thoroughly explicating all relevant international conventions, national arbitration statutes and institutional arbitration rules. It focuses on both international instruments (particularly the New York Convention) and national law provisions in all leading jurisdictions (including the UNCITRAL Model Law on International Commercial Arbitration). Practitioners, academics, clients, institutions and other users of international commercial arbitration will find clear and authoritative guidance in this work. The second edition of International Commercial Arbitration has been extensively revised, expanded and updated, to include all material legislative, judicial and arbitral authorities in the field of international arbitration prior to January 2014. It also includes expanded treatment of annulment, recognition of awards, counsel ethics, arbitrator independence and impartiality and applicable law. Overview of volumes: Volume I, covering International Arbitration Agreements,provides a comprehensive discussion of international commercial arbitration agreements. It includes chapters dealing with the legal framework for enforcing international arbitration agreements; the separability presumption; choice of law; formation and validity; nonarbitrability; competence-competence and the allocation of jurisdictional competence; the effects of arbitration agreements; interpretation and non-signatory issues. Volume II, covering International Arbitration Procedures, provides a detailed discussion of international arbitral procedures. It includes chapters dealing with the legal framework for international arbitral proceedings; the selection, challenge and replacement of arbitrators; the rights and duties of international arbitrators; selection of the arbitral seat; arbitration procedures; disclosure and discovery; provisional measures; consolidation, joinder and intervention; choice of substantive law; confidentiality; and legal representation and standards of professional conduct. Volume III, dealing with International Arbitral Awards, provides a detailed discussion of the issues arising from international arbitration awards. It includes chapters covering the form and contents of awards; the correction, interpretation and supplementation of awards; the annulment and confirmation of awards; the recognition and enforcement of arbitral awards; and issues of preclusion, lis pendens and staredecisis.
Author: Emilia Onyema
Publisher:
ISBN: 0415492785
Category : Business & Economics
Languages : en
Pages : 257
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Book Description
This book examines the formation, nature and effect of the arbitratorsâe(tm) contract, addressing topics such as the appointment, challenge, removal and duties and rights of arbitrators, disputing parties and arbitration institutions. The arguments made in the book are based on a semi-autonomous theory of the juridical nature of international arbitration and a contractual theory of the legal nature of these relationships. From these premises, the book analyses the formation of the arbitratorâe(tm)s contract in both ad hoc and institutional references. It also examines the institutionâe(tm)s contract with the disputing parties and its effect on the arbitratorâe(tm)s contract under institutional references. The book draws from national arbitration laws and institutional rules in various jurisdictions to give a global view of the issues examined in it. The arbitratorâe(tm)s contract is analysed from a global perspective of arbitral law and practice with insights from various jurisdictions in Africa, Asia, Europe, North and South America. The primary focus of the book is an analysis of the formation of the arbitratorâe(tm)s contract and the terms of this contract and the institutionâe(tm)s contract. The primary question of the consequences (if any) of the breaches of the terms of these contracts and its impact on the exclusion or limitation of liability of arbitrators and institutions is also analysed with the conclusion that since these transactions are contractual and the terms can be categorised as in any normal contract, then normal contractual remedies can be applied to the breaches of these terms. International Commercial Arbitration and the Arbitratorâe(tm)s Contract will be of great value to arbitration practitioners and researchers in arbitration. It will also be very useful to students of arbitration on the topics of arbitrators and arbitration institution.
Author: Jay E. Grenig
Publisher: Juris Publishing, Inc.
ISBN: 1937518191
Category : Arbitration and award
Languages : en
Pages : 442
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Book Description
A Publication of the American Arbitration Association and the Scheinman Institute on Conflict Resolution, Cornell University Arbitration advocates uniformly place great emphasis on case preparation. Case Preparation and Presentation: A Guide for Arbitration Advocates and Arbitrators can be used to help prepare parties and their advocates in a wide range of arbitration cases including labor, employment and commercial arbitrations and will provide lawyers and non-lawyers alike with the focus and direction to maximize their chances of obtaining a good result in arbitration. In this book readers will find coverage on the following topics: • Developing a case theory and case theme • Commencing the arbitration process • Selecting an arbitrator and scheduling the hearing • Evaluating and presenting evidence • Preparing for the arbitration hearing • Conducting the arbitration hearing • Making and responding to objections • Examination and cross-examination of witnesses
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: Morrison Handsaker
Publisher: University of Pennsylvania Press
ISBN: 1512816639
Category : Law
Languages : en
Pages : 112
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Book Description
This book is a volume in the Penn Press Anniversary Collection. To mark its 125th anniversary in 2015, the University of Pennsylvania Press rereleased more than 1,100 titles from Penn Press's distinguished backlist from 1899-1999 that had fallen out of print. Spanning an entire century, the Anniversary Collection offers peer-reviewed scholarship in a wide range of subject areas.
Author: Paul D. Friedland
Publisher: Juris Publishing, Inc.
ISBN: 1933833068
Category : Law
Languages : en
Pages : 368
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Book Description
"This book, by a leading international arbitration practitioner, offers suggested language for every option that a drafter of an international arbitration clause may need. Following a succinct assessment of the choice between arbitration and litigation and commentary on the choices among arbitration fora and formats, the author presents an accessible how-to for drafting. While other works offer theory and a smattering of drafting tips, there is no other comprehensive collection of workable language, presented accessibly with easy-to-reference appendices. This book will be a standard reference for both in-house counsel and outside practitioners. This book provides, in an accessible format, clauses that address all the significant issues that contracting parties face, and in any event should consider, when they decide to draft a dispute resolution clause for an international contract. Those who wish immediate access to suggested language may turn directly to the Appendices. Those who wish to understand the analysis that leads to the suggested language should read the text."--Publisher's website.
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: Michael J Mustill
Publisher: Lexis Nexis UK
ISBN: 9781405719629
Category : Arbitration and award
Languages : en
Pages : 1504
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Book Description
Now in its third edition, Mustill & Boyd: Commercial Arbitration, remains the classic, standard work on its subject. Extensively updated since the previous edition, this essential work provides an in-depth guide to the Arbitration Act 1996 and the practice resulting from it. The new edition also includes expert consideration of the latest case law, coverage of new themes and the latest concepts in arbitration. Combining expert commentary on the origins, essence and characteristics of the Arbitration Act 1996 with practical guidance on the application of the Act in court, this work is still truly indispensable.
Author: American Arbitration Association
Publisher: Juris Publishing, Inc.
ISBN: 1933833521
Category : Arbitration and award
Languages : en
Pages : 632
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Book Description
Assembled from Dispute Resolution Journal - the flagship publication of the American Arbitration Association - the chapters in the Handbook have all, where necessary, been revised and updated prior to publication. The book is succinct, comprehensive and a practical introduction to the use of arbitration and ADR, written by leading practitioners and scholars. The Handbook begins with an exploration of drafting commercial arbitration clauses and provides advice on selecting the right arbitrator for any given commercial arbitration dispute. It supplies practitioners with guidelines for use in their arbitration practice and covers such topics as evidence and discovery, arbitral subpoena powers, procedural and interim orders. It also offers guidance on witness preparation, expert testimony, and cross-examination. There are chapters that specifically address the arbitration of large complex cases, healthcare disputes, and entertainment industry disputes. Arbitrators are provided with recommendations regarding professional conduct and responsibility. Arbitral awards and remedies are covered extensively and arbitrators are provided with practical approaches and information on drafting awards, punitive damages, the finality of awards and, post-decision debriefing. Lastly, this book discusses commercial arbitration as it relates to the legal system. The chapters were selected from an extensive body of writings and, in the main, represent world-class assessments of arbitration and ADR practice. All the major facets of the field are addressed and provide the reader with comprehensive and accurate information, lucid evaluations, and an indication of future developments. They not only acquaint, but also ground the reader in the field.
