The Principles and Practice of International Commercial Arbitration

The Principles and Practice of International Commercial Arbitration PDF

Author: Margaret L. Moses

Publisher: Cambridge University Press

Published: 2008-03-17

Total Pages: 91

ISBN-13: 1139469975

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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.

Principles of Arbitration Law

Principles of Arbitration Law PDF

Author: STEPHEN J. WARE

Publisher: West Academic Publishing

Published: 2023-03-29

Total Pages: 0

ISBN-13: 9781636593555

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The Concise Hornbook Principles of Arbitration Law is an authoritative and extensively cited treatise on arbitration. It thoroughly discusses general arbitration law--from federal preemption of state law to the formation, performance, and enforcement of arbitration agreements--and provides in-depth coverage of specialized law governing international arbitration and labor arbitration. The last few decades have witnessed the growth of a large body of legal doctrine--from statutes, judicial decisions, and other sources--focused on arbitration. This Concise Hornbook summarizes that body of law, so should be useful to lawyers and scholars researching arbitration law and to students learning about arbitration. This Concise Hornbook is designed to be used as the primary or secondary text in a law school course. Many teachers of arbitration design their courses to develop a wide array of practice skills, generally through the use of role-playing exercises. Because this book is clear and concise, students reading it can quickly gain a solid understanding of arbitration's central concepts and legal doctrines. This efficient use of time enables the teacher to devote many class sessions to role-playing exercises, and discussion of them. This Concise Hornbook can also serve as the primary text for arbitration seminars. Before venturing into a field of scholarship, students generally need a solid foundation in the field's central concepts and legal doctrines. This book provides that foundation with only a limited amount of reading, thus enabling students to devote substantial time to the seminar's more-advanced work of reading scholarly articles and writing original papers.

General Principles of Law and International Investment Arbitration

General Principles of Law and International Investment Arbitration PDF

Author: Andrea Gattini

Publisher: BRILL

Published: 2018-06-01

Total Pages: 475

ISBN-13: 9004368388

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In General Principles of Law in Investment Arbitration, the authors address selected general principles of law, assessing their functions in investment arbitration. The resulting picture is that of a lively source that escapes doctrinal straitjackets and maintains its relevance.

International Arbitration: Law and Practice

International Arbitration: Law and Practice PDF

Author: Gary B. Born

Publisher: Kluwer Law International B.V.

Published: 2021-06-07

Total Pages: 627

ISBN-13: 9403532548

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International Arbitration: Law and Practice (Third Edition) provides comprehensive and authoritative coverage of the basic principles and legal doctrines, and the practice, of international arbitration. The book contains a systematic, but concise, treatment of all aspects of the arbitral process, including international arbitration agreements, international arbitral proceedings and international arbitral awards. The Third Edition guides both students and practitioners through the entire arbitral process, beginning with drafting, enforcing and interpreting international arbitration agreements, to selecting arbitrators and conducting arbitral proceedings, to recognizing, enforcing and seeking to annul arbitral awards. The book is written in clear, accessible language, suited for both law students and non-specialist practitioners, as well as more experienced readers. This highly regarded work addresses both international commercial arbitration and the related fields of investment and state-to-state arbitration and is essential reading for any student of international arbitration and any practitioner seeking a complete introduction to the field. The Third Edition has been comprehensively updated to include recent legislative amendments, judicial decisions and arbitral awards. Among other things, the book provides detailed treatment of the New York Convention, the UNCITRAL Model Law on International Commercial Arbitration, all leading institutional arbitration rules (including ICC, SIAC, LCIA, AAA and others), the ICSID Convention and ICSID Arbitration Rules, and judicial decisions from leading jurisdictions. The Third Edition is integrated with the author’s classic International Commercial Arbitration and with the online Born International Arbitration Lectures, enabling students, teachers and practitioners to explore particular topics in more detail. About the Author: Gary B. Born is the world’s leading authority on international arbitration and litigation. He has practiced extensively in both fields in Europe, the United States, Asia and elsewhere. He is the author of International Commercial Arbitration (Kluwer Law International 3rd ed. 2021), International Arbitration and Forum Selection Agreements: Drafting and Enforcing (Kluwer Law International 6th ed. 2021), International Commercial Arbitration: Cases and Materials (Aspen 3rd ed. 2021) and International Civil Litigation in United States Courts (Aspen 6th ed. 2018).

The Principles and Practice of International Commercial Arbitration

The Principles and Practice of International Commercial Arbitration PDF

Author: Margaret L. Moses

Publisher: Cambridge University Press

Published: 2024-01-31

Total Pages: 433

ISBN-13: 1009444719

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This book not only deals with the broad application of international treaties, guidelines, laws and rules affecting international commercial arbitration, but also includes information about the most recent developments in the field. Readers learn how arbitration works, from the request to arbitrate, the selection of arbitrators, the procedures leading up to the hearing, the witnesses and evidence at the hearing, to the granting of the final award. Along the way, many strategies and tactics come into play, as an arbitration moves toward the goal of resolving the dispute. The reader learns to appreciate the application of different laws and ethical concepts that may vary by jurisdiction, including the ethical obligations of arbitrators and of counsel. Throughout, the principles of international arbitration are supported by the practice, providing a very concrete approach to the resolution of international disputes by arbitration.

Principles of Arbitration Law

Principles of Arbitration Law PDF

Author: Kenneth Kaoma Mwenda

Publisher: Universal-Publishers

Published: 2003

Total Pages: 116

ISBN-13: 1581124090

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The book examines principles of arbitration law as they apply to many common law and civil law jurisdictions. In many countries, the use of alternative dispute resolution to resolve matters in areas relating to, say, foreign direct investment and industrial unrest has been heralded by many as a cost-effective way of settling disputes. Chapters in the book cover, among other things: the efficacy of the legal framework for arbitration in Zambia under the Arbitration Act 1933; the efficacy of the legal framework for arbitration under Zambia's Arbitration Act 2000; aspects of international law applicable to the legal framework for arbitration; and efforts to develop international and regional frameworks for arbitration.

Introduction to Investor-State Arbitration

Introduction to Investor-State Arbitration PDF

Author: Yves Derains

Publisher: Kluwer Law International B.V.

Published: 2018-10-17

Total Pages: 362

ISBN-13: 9041184015

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Today thousands of investors act globally in markets providing services, technology or capital in countries all around the world. This activity can be peacefully accomplished when both the investor and the host State know that the disputes will be resolved under the aegis of the investor-State arbitration regime, wherein an investor is provided with a direct right of action against a State, most commonly stemming from a bilateral or multilateral investment treaty. This book approaches the substantive and sometimes difficult concepts of investor-State arbitration in a clear and concise explanatory fashion. In the course of acquainting the reader with the basic legal concepts and policies of the regime, the authors address such issues as the following: • consent to jurisdiction; • State responsibility; • possible conflict of interests; • mechanisms for reviewing an award; • damages and costs; and • enforcement. The book examines a number of arbitration procedures arising from various perspectives with differing underlying assumptions while highlighting important cases. Given that investor-State arbitration is now under the public watch and facing many challenges, this remarkably clear and concise overview of the regime will prove to be of great value to in-house counsel and other practitioners, as well as to government policymakers and students.x`

General Principles of Law and International Due Process

General Principles of Law and International Due Process PDF

Author: Charles T. Kotuby

Publisher: Oxford University Press

Published: 2017

Total Pages: 305

ISBN-13: 019064270X

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Article 38 of the Statute of the International Court of Justice defines "international law" to include not only "custom" and "convention" between States but also "the general principles of law recognized by civilized nations" within their municipal legal systems. In 1953, Bin Cheng wrote his seminal book on general principles, identifying core legal principles common to various domestic legal systems across the globe. This monograph summarizes and analyzes the general principles of law and norms of international due process, with a particular focus on developments since Cheng's writing. The aim is to collect and distill these principles and norms in a single volume as a practical resource for international law jurists, advocates, and scholars. The information contained in this book holds considerable importance given the growth of inter-state intercourse resulting in the increased use of general principles over the past 60 years. General principles can serve as rules of decision, whether in interpreting a treaty or contract, determining causation, or ascertaining unjust enrichment. They also include a core set of procedural requirements that should be followed in any adjudicative system, such as the right to impartiality and the prohibition on fraud. Although the general principles are, by definition, basic and even rudimentary, they hold vital importance for the rule of law in international relations. They are meant not to define a rule of law, but rather the rule of law.

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