French Arbitration Law and Practice
Author: Jean-Louis Delvolvé
Publisher: Kluwer Law International B.V.
Published: 2009-01-01
Total Pages: 394
ISBN-13: 9041126902
DOWNLOAD EBOOK →Previous edition, 1st, published in 2003.
Author: Jean-Louis Delvolvé
Publisher: Kluwer Law International B.V.
Published: 2009-01-01
Total Pages: 394
ISBN-13: 9041126902
DOWNLOAD EBOOK →Previous edition, 1st, published in 2003.
Author: Jean-Louis Delvolve
Publisher: Springer
Published: 1982
Total Pages: 184
ISBN-13:
DOWNLOAD EBOOK →Author: Guido Carducci
Publisher: OUP Oxford
Published: 2014-03
Total Pages: 0
ISBN-13: 9780199676323
DOWNLOAD EBOOK →This is a treatise and commentary on French arbitration law including the updates brought in by the 2011 Decree. It follows the logical structure of the new decree itself, providing detailed analysis of both domestic and international arbitration law conducted under French arbitral procedure.
Author: Mauro Rubino-Sammartano
Publisher: Juris Publishing, Inc.
Published: 2014-01-01
Total Pages: 2072
ISBN-13: 1937518159
DOWNLOAD EBOOK →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.
Author: Gary B. Born
Publisher: Aspen Publishing
Published: 2015-03-12
Total Pages: 1237
ISBN-13: 1454860251
DOWNLOAD EBOOK →This important casebook is based upon one of the leading books in the field Born's treatise, International Commercial Arbitration. It offers a comprehensive approach to international commercial arbitration (focused on the New York Convention and UNCITRAL Model Law), while providing comparative examples drawn from state-to-state and investment arbitration. An easy-to-use chronological structure follows the course of an international arbitration. Features: Thoroughly revised to reflect amendments to UNCITRAL Rules, ICC Rules and other institutional arbitration rules New sections addressing IBA Guidelines on Party Representation in International Arbitration Revised to reflect amendments to representative national arbitration legislation in France, Singapore and elsewhere Streamlined excerpts of cases and awards; added excerpts of new arbitral awards on selected topics.
Author: Thomas Clay
Publisher: Juris Publishing, Inc.
Published: 2014-04-01
Total Pages: 592
ISBN-13: 193751837X
DOWNLOAD EBOOK →The French law of international arbitration has a beginning (1963) and a culminating point (2007), but fortunately it does not have an ending. Indeed, it does not cease to evolve, to improve, to perfect itself. Thus it invites one to carefully observe it. But before undertaking this careful observation by annually identifying the most important decisions, as this collection has been doing since 2008, it is important to recall the origins of French law on international arbitration, how it was built, and in so doing, predict where it is heading. Looking into the past to anticipate the future, that is also the interest of a book like the present one. This selection, necessarily subjective, is also shaped by the advantages that a retrospective look offers. The benefit of hindsight allows one to confidently distinguish between the decisions that deserve mention and those which did not make it into history. Only the former are printed in the following pages, but all of such decisions are included. Conversely, all decisions from 2008 onwards will be methodically published in the annual reports of this collection, of which two editions have already been released for the years 2008 and 2009. Aimed for practitioners and academics alike, the knowledge of French case law is indispensable to understanding international arbitration and its important influence around the world.
Author: Benoit Le Bars
Publisher:
Published: 2019-03-28
Total Pages: 533
ISBN-13: 9782711030392
DOWNLOAD EBOOK →French trained lawyers are familiar with collections of important decisions, so-called grands arrêts, in different areas of law. While this might come as a surprise to many common lawyers, there is indeed an important focus on case law in many areas of civil law, such as private international law, arbitration, etc. A first edition of this book was published in French in 2016. However, this new edition is not a translation only : since the original French edition was published, a number of landmark decisions, internationally commented, have introduced noteworthy developments in arbitration law, which provided the opportunity to update the various topics. We also added a new analysis of the adjudicative powers of arbitral tribunals that didn't appear in the first edition, to set out all the functions that arbitral tribunals may perform and that make arbitrators (dis)similar to national judges. Derived from centuries of developments, the principles guiding all arbitration cases permeate each of our actions, as counsel or arbitrator. There can be no proper arbitration process without respecting the adversarial principle, independence, the autonomy of arbitrators, equal treatment of the parties, etc. Therefore, arbitrators are placed in a singular position in which they must uphold procedural principles, as should any judge, while keeping in mind that their jurisdiction is restricted in time and by the subject matter of the dispute. Their mandate also requires that they behave differently from national judges, capitalizing on the more informal nature of arbitral proceedings, while at the same time remaining steadfast in the face of parties acting against the original spirit of arbitration bequeathed by major arbitrators. Arbitrators and practitioners proceed with guidance and are aware that national courts, when reviewing an award, will penalize the violation of these principles by setting it aside. This book is structured as a source of information for non-French/ non-civil law lawyers seeking ready access to those principles applied by the courts when controlling the arbitration outcome. All practitioners, in-house lawyers, scholars, and students who are curious about the French / civil law perspective on international commercial arbitration will benefit from using this book in their personal practice.
Author: Louise Hauberg Wilhelmsen
Publisher: Edward Elgar Publishing
Published: 2018-04-27
Total Pages: 288
ISBN-13: 1788115058
DOWNLOAD EBOOK →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: P. Hamilton
Publisher: Kluwer Law International B.V.
Published: 1999-05-18
Total Pages: 338
ISBN-13: 9041112332
DOWNLOAD EBOOK →Since its creation at the epoch-making Hague Peace Conference of 1899, which was attended by 26 states, the Permanent Court of Arbitration has contributed significantly to the development of peaceful means to resolve international disputes. In case after case, the Court's tribunals have prevented international incidents and other tensions from flaring into open hostility, and set precedents that greatly curtail the justification of violence between nations.
Author: Emmanuel Gaillard
Publisher: Juris Publishing, Inc.
Published: 2005-03-01
Total Pages: 372
ISBN-13: 1929446608
DOWNLOAD EBOOK →IAI Series No. 2 The International Arbitration Institute (IAI) series on international arbitration is a new periodic series of publications that will focus on cutting edge issues and developments in international arbitration. About the IAI: The International Arbitration Institute (IAI), an organization created under the auspices of the Comité Français de ľ Arbitrage (CFA), was created to promote exchanges in international arbitration. The IAI is designed to promote exchanges on current issues in the field of international commercial arbitration. Its activities include the regular organization of international conferences, colloquiums, as well as conducting various research projects. About the Book: Anti-suit injunctions are a device, originally found in common law countries, whereby a court - which retains its jurisdiction or anticipates to do so and which seeks to protect that jurisdiction or, more generally, the jurisdiction of the forum it deems to be the most appropriate - orders a party to refrain from bringing a claim before the courts of another State or before an arbitral tribunal or, if the party has already brought such a claim, orders that party to withdraw from, or the arbitrators to suspend, the proceedings. In the past few years, the use of anti-suit injunctions in the context of international arbitration has been spreading at a disturbing pace. The courts of many common law countries but also those of civil law tradition frequently resort to this device at a party's request, in order to disrupt the arbitration process or resist the enforcement of the award. How best to resolve those conflicts arising as a result of national courts' differing perspectives on the validity and scope of certain arbitration agreements? Are anti-suit injunctions in conformity with the requirements of public international law? When the courts of certain States enjoin a party to refrain from proceeding with an arbitration, should other courts enjoin them not to enjoin, or should they, like the U.S. Court of Appeal for the 5th Circuit in the Pertamina case, exercise a commandable "self-restriction"? These are just a few of the issues addressed in Anti-Suit Injunctions in International Arbitration.