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Author: Victor Ferreres Comella
Publisher: Cambridge University Press
Published: 2021-03-11
Total Pages: 235
ISBN-13: 1108842836
DOWNLOAD EBOOK →The first systematic study of the most important types of arbitration - and their limits - from a constitutional perspective.
Author: Peter B. Rutledge
Publisher: Cambridge University Press
Published: 2013
Total Pages: 223
ISBN-13: 1107006112
DOWNLOAD EBOOK →Arbitration has become an increasingly important mechanism for dispute resolution, both in the domestic and international setting. Despite its importance as a form of state-sanctioned dispute resolution, it has largely remained outside the spotlight of constitutional law. This landmark work represents one of the first attempts to synthesize the fields of arbitration law and constitutional law. Drawing on the author's extensive experience as a scholar in arbitration law who has lectured and studied around the world, the book offers unique insights into how arbitration law implicates issues such as separation of powers, federalism, and individual liberties.
Author: Victor Ferreres Comella
Publisher: Cambridge University Press
Published: 2021-03-11
Total Pages: 235
ISBN-13: 1108906745
DOWNLOAD EBOOK →This work is the first systematic discussion of arbitration from a constitutional perspective, covering the most important types of arbitration, including domestic arbitration in private law, international commercial arbitration, investment treaty arbitration, and state-to-state arbitration. Victor Ferreres Comella argues for the recognition of a constitutional right to arbitration in the private sphere and discusses the constraints that the state is entitled to place on this right. He also explores the conditions under which investment treaty arbitration is constitutionally legitimate, and highlights the shortcomings of international adjudication from a constitutional perspective. The rich landscape of arbitration is explained in clear language, avoiding unnecessary technical jargon. Using examples drawn from a wide variety of domains, Ferreres bridges the gap between constitutional and arbitral theory.
Author: Alfonso Gomez-Acebo
Publisher:
Published: 2016-04
Total Pages: 242
ISBN-13: 9789041166715
DOWNLOAD EBOOK →The agreement of disputing parties to each make a unilateral appointment of an arbitrator is among the most distinctive features of arbitral practice. A detailed examination, long overdue, of how this feature affects the actual process of arbitration is presented in this book. The study includes a historical analysis of unilateral nominations, a critical assessment of how the unilateral appointments system currently works and an empirical study of challenges of arbitrators. The author's critical assessment addresses several issues including: - limits to the right of the parties to make unilateral appointments; - the principle of equality of the parties in the constitution of the arbitral tribunal; - arbitrators' duty to be impartial and independent; - specific problems of bias in tribunals with party-appointed members; - the question of whether a different standard of impartiality and independence in party-appointed arbitrators makes any sense; - the presumption that party-appointed arbitrators can do things that presiding arbitrators cannot; and - the question of whether it is worth keeping the system of unilateral appointments as the default method for the constitution of multiple-member tribunals, or keeping it at all. The empirical study, in which the author offers a comparative analysis of challenges of arbitrators taking into account the method of appointment of the arbitrator, reveals interesting differences and coincidences between party-appointed and non-party-appointed arbitrators. The book ends with some suggestions on how the system of unilateral appointments could be improved, namely in order to increase the trust of each party in the arbitrator appointed by the other party and to allow an accurate match between what arbitration end-users may want from party-appointed arbitrators and what they ultimately get. For both its thorough and well-informed analysis and its sound recommendations, the book is sure to be welcomed by professionals in the arbitral community worldwide, as well as by arbitration law academics.
Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution (2007- )
Publisher:
Published: 2008
Total Pages: 232
ISBN-13:
DOWNLOAD EBOOK →Author: Franco Ferrari
Publisher: Edward Elgar Publishing
Published: 2021-06-25
Total Pages: 288
ISBN-13: 1800882793
DOWNLOAD EBOOK →This indispensable book offers a concise comparative introduction to international commercial arbitration (ICA). With reference to recent case law from leading jurisdictions and up-to-date rules revisions, International Commercial Arbitration offers a thorough overview of the issues raised in arbitration, from the time of drafting of the arbitration clause to the rendering of the arbitral award and the post-award stage.
Author: Tibor Várady
Publisher: T.M.C. Asser Press
Published: 2006
Total Pages: 0
ISBN-13: 9789067045094
DOWNLOAD EBOOK →With a foreword by Judge Thomas Buergenthal, International Court of Justice The present book is the first book-length monograph addressing practically all language issues likely to arise throughout the arbitration process and post-arbitration proceedings. International Commercial Arbitration is a transcultural venture and the need to bridge language differences is a part of the process. There are more and more cases in which procedural or alleged procedural deficiencies pertaining to language emerge as an issue with unforeseen and costly consequences. The author presents a comprehensive survey of questions related to language and translation in (post-)arbitral proceedings. The issues are systematized and answers to the questions are suggested and analyzed, relying primarily on arbitration and court cases, international agreements, statutes and institutional rules. As such, it allows the reader to find answers to specific questions, and also offers a distinctive comparative survey. The book provides guidance to both arbitrators and parties to arbitration as well as to judges and other participants in post-award proceedings. Tibor Varady is a Professor of Law at the Central European University, Budapest, and Emory University School of Law, Atlanta. He has been an arbitrator in no less than 200 cases. Professor Várady has been on the list of arbitrators of eight arbitral institutions in Europe, Africa and Asia.
Author: MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.)
Publisher:
Published: 2019-09-27
Total Pages: 180
ISBN-13: 9781680923025
DOWNLOAD EBOOK →A less-expensive grayscale paperback version is available. Search for ISBN 9781680923018. Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions. Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches.
Author: Inter-American Commercial Arbitration Commission
Publisher:
Published: 1967*
Total Pages: 30
ISBN-13:
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