choice of venue in international arbitration

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Choice Of Venue In International Arbitration

Author : Michael Ostrove
ISBN : 0199655715
Genre : Law
File Size : 47. 81 MB
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The first comparative book exploring the relative merits of arbitral seats worldwide, this work is both a tool for strategic choice of venue, and a companion for practitioners in unfamiliar jurisdictions. Expert analysis of the history and development of arbitration is coupled with guidance on the practical realities of all major venues.

Law And Practice Of International Commercial Arbitration

Author : Alan Redfern
ISBN : 0421862408
Genre : Arbitration and award, International
File Size : 41. 38 MB
Format : PDF
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Highly acclaimed by practitioners all over the world, Law & Practice of International Commercial Arbitration has deservedly become the leading text in its field. With its comprehensive review of the legal context within which international commercial arbitration operates, Redfern & Hunter is the ultimate user-friendly explanation of how arbitration, and in particular international commercial arbitration, works. The 4th edition has been expanded to give a wider global scope to the work. Readers can also benefit from the expert insight and advice of world-renowned international practitioners. international practitioner * Contains a comprehensive review of the international commercial arbitration process from start to finish * Includes commentary on suitable places of arbitration, developments in international trade law and the increasing harmonisation of national laws governing international arbitration * Appendices include the major international rules of arbitration and conventions * Explains how arbitration should be conducted to be cost effective and profitable * Fully updated to take account of the latest developments all over the world - including a new chapter on investment arbitrations

Interim Measures In International Arbitration

Author : Lawrence W. Newma
ISBN : 9781937518400
Genre : Law
File Size : 21. 8 MB
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The first edition of Interim Measures in International Arbitration edited by Lawrence Newman and Dr. Colin Ong, is most auspicious in its timing. The editors have compiled a shrewd and very practical questionnaire and they have gathered together a formidable group of some of the most reputed and talented practising arbitration lawyers, academics and arbitrators from 43 leading jurisdictions to inform the reader about the essential elements of the different interim measures which are available as part of the arbitral process in a very large number of different national jurisdictions. This book, thus, combines the best elements of a focused legal textbook with the essential practicalities of a practitioners' procedural handbook. This should be a standard travelling-companion of international arbitrators and counsel as well as many international lawyers--not just those who are arbitration specialists.

Jurisdiction Admissibility And Choice Of Law In International Arbitration Liber Amicorum Michael Pryles

Author : Neil Kaplan
ISBN : 9789041186386
Genre : Law
File Size : 83. 19 MB
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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.

International Arbitration And International Commercial Law

Author : Eric E. Bergsten
ISBN : 9789041135223
Genre : Law
File Size : 33. 77 MB
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Over the last half-century, as UNCITRAL official, professor, arbitrator and father of the Willem C. Vis Arbitration Moot, Eric Bergsten has been at the forefront of progress in international commercial arbitration. Now, on the occasion of his eightieth birthday, the international arbitration and sales law community has gathered to honour him with this substantial collection of new essays on the many facets of the field to which he continues to bring his intellect, integrity, inquisitive nature, eye for detail, precision, and commitment to public service. Celebrating the long-standing and sustained contribution Eric Bergsten has made in international commercial law, international arbitration, and legal education, more than fifty colleagues - among them quite a few of the best-known arbitrators and arbitration academics in the world - present 45 pieces that, individually both engaging and incisive, collectively present a thorough and far-reaching account of the state of the field today, with contributions covering international sales law, commercial law, commercial arbitration, and investment arbitration. In addition, nine essays on issues in legal education mirror the great importance of the renowned Willem C. Vis International Commercial Arbitration Moot, Eric's Vienna project which has offered a life-changing experience for so many young lawyers from all over the world.

International Arbitration Law And Practice Third Edition

Author : Mauro Rubino-Sammartano
ISBN : 9781937518158
Genre : Law
File Size : 90. 8 MB
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This third edition of International Arbitration Law and Practice has been largely enriched by covering international commercial arbitrations, investment treaty arbitrations, arbitrations between public bodies, between states and individuals, the UNCITRAL model law and Iran-US Tribunal proceedings as well as commodity arbitration, online arbitration and sports arbitral proceedings. International Arbitration Law and Practice, 3rd edition elaborates new concepts such as a definition of international arbitration based on procedural law (different from transnational law) and a doctrine (the tronc commun doctrine) to identify the applicable substantive law on disputes between parties belonging to different countries. It further suggests that a law of international arbitration has arisen from the various conventions and laws. Besides dealing with all the aspects of arbitration on a topic by topic basis, the writer presents a third generation arbitration which builds on analysis of major obstacles to a smooth running arbitration.International Arbitration Law and Practice, 3rd edition is a work that anyone involved in arbitral proceedings will find to be absolutely indispensable.

International Asset Transfer

Author : Kay L. Tidwell
ISBN : 9783899494822
Genre : Law
File Size : 80. 61 MB
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This handbook for the consulting practice contains32 of the most important legal systems (Europe, North America, South America, Asia, Australia) and provides essential information relating to the transfer of assets. A separate section is dedicated to each legal system. The following topics, among others, are discussed: forms, registration obligations, compliance requirements (e.g. state sites), taxes, insolvency law particularities, cost issues as well as the transfer of employees. The goal of the handbook is to enable the user to be able to better estimate the legal and actual risks and time and effort associated with local asset transfers and thereby, establish a foundation for the decision making process. This presentation is primarily geared towards attorneys in law firms and law departments, but also consultants in the M&A field (investment bankers, tax advisors, auditors, etc.). The sections were prepared by practicing attorneys in the relevant legal system. All authors practice in established international corporate law firms.

The Forces Of Economic Globalization

Author : Katherine Lynch
ISBN : 9789041119940
Genre : Law
File Size : 33. 18 MB
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Increased economic interdependencies and trade flows between states, innovations in information technology and computer networks, a global shift toward market economies and regional and multilateral trade arrangements, have all led to an increasingly globalized world economy. The Forces of Economic Globalization: Challenges to the Regime of International Commercial Arbitration examines some of the challenges facing the regime of international commercial arbitration in the contemporary global economy. It considers the debates concerning the transformation of the global order and the role of nation states within the context of international commercial arbitration. Issues discussed include the transformative effect of economic globalization, the role of the epistemic community and the increased institutionalization within the international arbitral regime, the nationalization of international commercial arbitration and the denationalization and harmonization trends, the competitive nature of legislative reform, convergence and divergence in the international arbitral process, multilateralism and regionalism, market modernization and transnationalism, globalization and lex mercatoria, and the development of online arbitration schemes in cyberspace. This book seeks to analyze the inner penetration of a form of world polity or transnational order ? comprised of part epistemic community, institutional networks, national laws and multilateral conventions, norms, rules, principles and transnational ideology ? on the traditional notion of state sovereignty within the international arbitral regime. The book will interest practitioners and academics with an interest in international commercial arbitration.

The Role Of Seat In International Commercial Arbitration

Author : Abhinav Mishra
ISBN : 9783668630222
Genre : Business & Economics
File Size : 77. 45 MB
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Essay from the year 2018 in the subject Business economics - Law, grade: 5.10/7, Damodaram Sanjivayya National Law University, course: BA LLB(Hons.), language: English, abstract: Seat of arbitration assists in determining the curial law that would govern the arbitration proceedings. Prior to the Balco judgement, the law was clear that mere choice of a foreign seat will not exclude the applicability of Part I of the 1996 Act. The Balco judgement rectified this error in the interpretation and held that the choice of the seat of arbitration is akin to the exclusive jurisdiction clause. However, the judgement was applicable only prospectively. Balco judgement also created much confusion which was settled by subsequent judgements and amendments in the Act. This essay attempts to examine the role of seat in international commercial arbitration in the light of Balco and other recent judgements delivered by the apex court.

Practitioner S Handbook On International Commercial Arbitration

Author : Frank-Bernd Weigand
ISBN : 9780191579974
Genre : Law
File Size : 62. 9 MB
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The Practitioner's Handbook on International Commercial Arbitration provides concise country reports on important jurisdictions for international arbitral proceedings, as well as commentaries on well-known arbitration rules which are frequently incorporated in international legal agreements. Most international commercial contracts now include an arbitration clause as an alternative to resolving disputes in the state courts. This second edition of the Practitioner's Handbook includes newly updated country chapters, expanded international coverage and commentary on the most important arbitration rules worldwide. It is written by world-leading arbitration practitioners and academics and combines a practical approach with in-depth legal research and analysis of important national and international case law. The book is unique in its coverage, providing uniformly designed country reports and thorough commentaries on internationally recognized arbitration rules in just one volume. There are individual chapters for the following countries: Austria, Belgium, China & Hong Kong, England, France, Germany, Italy, Netherlands, Singapore, Sweden, Switzerland, USA. Each country report covers: jurisdiction, the tribunal, arbitration procedure, the award, amendments and challenge to the award, liability of arbitrators and enforcement of national awards; and provides details of national arbitration laws, arbitral institutions in the jurisdiction, model arbitration clauses and a bibliography, including a list of key judicial decisions. The first edition was reviewed as "an outstanding book" and "an extremely useful tool". The work is an indispensable one-stop reference point for lawyers drafting international arbitration clauses or handling arbitration proceedings in different countries.

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