International Commercial Arbitration

International Commercial Arbitration PDF

Author: Gary B. Born

Publisher: Kluwer Law International B.V.

Published: 2014-10-01

Total Pages: 5391

ISBN-13: 9041154159

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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.

Commonwealth and Covenant

Commonwealth and Covenant PDF

Author: Marcia Pally

Publisher: Wm. B. Eerdmans Publishing

Published: 2016-03-02

Total Pages: 427

ISBN-13: 146744538X

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In Commonwealth and Covenant Marcia Pally argues that in order to address current socioeconomic problems, we need not more economic formulas but rather a better understanding of how the world is set up — an ontology of how we and the world work. Without this, good proposals that arise lack political will and go unimplemented. Pally describes our basic setup as “separability-amid-situatedness” or “distinction-amid-relation.” Though we are all unique individuals, we become our singular selves through our relations and responsibilities to the people and environments around us. Pally argues that our culture’s overemphasis on “separability” — individualism run amok — results in greed, adversarial and deceitful political discourse and chicanery, resource grabbing, broken relationships, and anomie. Maintaining that separability and situatedness can and must be considered together in public policy, Pally draws on intellectual history, philosophy, and — especially — historic Christian and Jewish theologies of relationality to construct a new framework for addressing present economic and political ills.