Download the uncitral model law after twenty five years global perspectives on international commercial arbitration in pdf or read the uncitral model law after twenty five years global perspectives on international commercial arbitration in pdf online books in PDF, EPUB and Mobi Format. Click Download or Read Online button to get the uncitral model law after twenty five years global perspectives on international commercial arbitration in pdf book now. This site is like a library, Use search box in the widget to get ebook that you want.



The Uncitral Model Law After Twenty Five Years Global Perspectives On International Commercial Arbitration

Author: Frédéric Bachand
Publisher: Juris Publishing, Inc.
ISBN: 1937518248
Size: 69.81 MB
Format: PDF, Docs
View: 4040
Download and Read
The UNCITRAL Model Law after Twenty-Five Years: Global Perspectives on International Commercial Arbitration is a celebration of the Model Law’s significant contribution to international arbitration law. It assesses and evaluates the Model Law’s impact on the development of a universal arbitration law for a complex and mobile transnational community of lawyers, judges and arbitrators. Written from the perspective of counsel, arbitrators, legislators and judges, this collection is bold in its coverage of Model Law practice. It considers questions of legislative implementation; pre-award issues such as the review of arbitral jurisdiction and the production of evidence; post-award issues such as judicial review of arbitral awards; interpretation and harmonization methods; and questions of future reform. This is one of the only books on the market that considers the application of the UNCITRAL Model Law in both great depth and breadth, and from multiple perspectives. It provides critical assessments and evaluations of the impact that the Model Law has had after 25 years in various aspects of the arbitral process. The issues covered pertain to both substantive and procedural elements; theoretical and practical; historical and evolutional. The UNCITRAL Model Law after Twenty-Five Years: Global Perspectives on International Commercial Arbitration adopts a comparative approach and covers practice in nearly all Model Law countries and many others. As a seminal critique of the progress that the Model Law has made to date, this collection of articles will be of great benefit to judges, arbitrators, lawyers, academics and anyone interested in the future of international commercial arbitration.

The Three Paths Of Justice

Author: Neil Andrews
Publisher: Springer
ISBN: 3319748327
Size: 68.74 MB
Format: PDF, ePub, Docs
View: 672
Download and Read
This revised second edition takes account of developments in the field of dispute resolution, including mediation and arbitration. The book presents a concise account of the English system of civil litigation, covering court proceedings in England and Wales. It is an original and important study of a system which is the historical root of the US litigation system. The volume offers a comprehensive and properly balanced account of the entire range of dispute resolution techniques. As the first (revised) book on this subject to be published in the USA, it enables American lawyers to gain an overview of the main institutions of English Civil Procedure, including mediation and arbitration. It will render the English system of civil justice accessible to law students in the US, practitioners of law, professors, judges, and policy-makers.

Arbitration And Contract Law

Author: Neil Andrews
Publisher: Springer
ISBN: 331927144X
Size: 66.34 MB
Format: PDF, ePub
View: 6159
Download and Read
This book deals with the contractual platform for arbitration and the application of contractual norms to the parties' dispute. Arbitration and agreement are inter-linked in three respects: (i) the agreement to arbitrate is itself a contract; (ii) there is scope (subject to clear consensual exclusion) in England for monitoring the arbitral tribunal's fidelity and accuracy in applying substantive English contract law; (iii) the subject-matter of the arbitration is nearly always a ‘contractual’ matter. These three elements underlie this work. They appear as Part I (arbitration is founded on agreement), Part II (monitoring accuracy), Part III (synopsis of the English contractual rules frequently encountered within arbitration). The book will be a useful resource to foreign lawyers or English non-lawyers, English lawyers seeking a succinct discussion, and to arbitral tribunals.​

The Effect Of The 1958 New York Convention On Foreign Arbitral Awards In The Arab Gulf States

Author: Reyadh Mohamed Seyadi
Publisher: Cambridge Scholars Publishing
ISBN: 1527502694
Size: 46.34 MB
Format: PDF, Docs
View: 258
Download and Read
In the second half of the twentieth century, alongside the evolution of the global economy, modern technology, rapid transportation and multinational enterprises, there was an increased demand for a dispute resolution mechanism that met the needs of traders, international trade and economic policy-makers. Arbitration as an alternative dispute resolution has significantly gained in popularity in the Arab Gulf States over the past two decades or so. This is no doubt reason enough to take a closer look at the main theme that defines arbitration in this region. National courts of the Arab Gulf states are invariably seen as not very arbitration friendly, some possibly even hostile to arbitration. Public order, alongside the Islamic legal traditions, is seen as unruly horse that could possibly undermine the development of international commercial arbitration in this region. The contribution in this book will go some way toward dissipating the concerns that are routinely raised about the procedural and practical soundness of arbitration in the Arab Gulf states. In addition, the book serves to place arbitration in the Arab Gulf states in its present legal systems, national laws and courts practices.

The Principles And Practice Of International Commercial Arbitration

Author: Margaret L. Moses
Publisher: Cambridge University Press
ISBN: 1108184138
Size: 34.76 MB
Format: PDF
View: 111
Download and Read
Arbitration has become the dispute resolution method of choice in international transactions. This book provides the reader with immediate access to understanding the world of international arbitration, explaining 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 the most recent changes in arbitration laws, rules, and guidelines. The third edition includes new sections on state to state arbitration, the role and power of the arbitrator, reform efforts in international investment treaties, transparency in international arbitration and third party funding. 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 best 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.

Handbook On International Commercial Arbitration

Author: Peter Ashford
Publisher: Juris Publishing, Inc.
ISBN: 1937518329
Size: 37.90 MB
Format: PDF, Kindle
View: 1152
Download and Read
This handbook will assist the practitioner, whether lawyer, counsel or arbitrator, in some of the practical minefields of international commercial arbitration. It considers the typical course of an international commercial arbitral proceeding, from deciding what claims may be arbitrated to calculating damages and the contents of an award, giving guidance and sample documents for each step. It also provides an extensive discussion of discovery and the presentation of evidence during hearings. This will work in aid the efficiency of the arbitral process, especially by reducing time and cost. For counsel and arbitrators alike, it provides a convenient reference work for the problems that inevitably arise in the procedural and substantive steps in arbitration. Analyzing the relevant law and rules from a range of jurisdictions and international arbitral institutions, the Handbook is a truly invaluable companion for everyone involved in international commercial arbitration.

The Rise Of Transparency In International Arbitration

Author: Alberto Malatesta
Publisher: Juris Publishing, Inc.
ISBN: 193751823X
Size: 44.36 MB
Format: PDF, Kindle
View: 3020
Download and Read
The Rise of Transparency in International Arbitration is inspired by a joint research conducted in the last years by the Milan Chamber of Arbitration and the Law School of the University Carlo Cattaneo–LIUC, Castellanza, in Italy. The two bodies have shared a common concern in order to increase the use of international commercial arbitration and to develop a proper culture in the field: the need for enhancing transparency and especially for a wider dissemination of arbitral awards. The advantages of arbitration as the main alternative means of dispute resolution are well known and undisputed. Privacy and confidentiality are among them and at the same time among the prevailing features of any arbitral proceedings. However, sometimes users have the feeling to deal with a close and too slow-growing world. The need, if not the request, for a greater accountability of the arbitral world in the whole is more and more widespread. In this context the aim of this book is on the one hand to spur discussion and to shed new light on the traditional idea of confidentiality in international commercial arbitration (and in some other figures alike). Although this idea is sometimes founded upon sound reasons that cannot be ignored or totally set aside, it must be reconsidered by taking into account the rise of transparency. On the other hand, a specific proposal is made in order to step ahead from the current situation, with particular reference to the issue of the publication of the awards. In this respect, the main outcome is the Guidelines for the Anonymous Publication of Arbitral Awards, already adopted and experienced by the Milan Chamber. They are addressed to institutions, practitioners, scholars with the goal to favor the circulation of the awards and of the related decisions.

The Notion Of Award In International Commercial Arbitration

Author: Giacomo Marchisio
Publisher: Kluwer Law International
ISBN: 9789041183910
Size: 11.13 MB
Format: PDF
View: 5371
Download and Read
About the author: Giacomo Marchisio is Academic Coordinator of the Private Justice and the Rule of Law Research Group at McGill University, Canada and holds a Doctorate in Civil Law (DCL) and an LL.M. in Comparative Law from the same university. He is a member of the International Chamber of Commerce (ICC) Task Force on Emergency Arbitration, of ICC Canada, and Young Canadian Arbitration Practitioners (YCAP). About this book: The Notion of Award in International Commercial Arbitration aims to provide a comprehensive explanation of the notion of arbitral award in international commercial arbitration. International commercial arbitration relies extensively on the possibility of enforcing arbitral decisions against recalcitrant parties. As courts and arbitration laws across the world take contrasting approaches to the definition of awards, such enforcement can be problematic, especially in the context of awards by consent and the recent development known as 'emergency arbitration'. In this timely and groundbreaking book, a young arbitration scholar takes us through the difficulties of defining the notion of arbitral award with a rare combination of theoretical awareness and attention to the procedural requirements of arbitral practice. What's in this book: In a framework using a comparative analysis of common law and civil law jurisdictions (specifically, England and France) and how each has regulated in different ways the equilibria between state justice and arbitral justice, - and comparing each with the UNCITRAL Model Law - this book addresses such issues as the following: * the 'judicialization' of arbitration; * different models of arbitral adjudication and their impact on the notion of award; * what an award needs to contain to be enforceab≤ * awards on competence; * awards by consent; and * awards ante causam. The author employs a methodology that views arbitration as providing an institution for administering justice rather than as a purely contractual creature. To this end, rules of arbitral institutions (particularly the ICC) are examined closely for their implications on what an award means. How this will help you: Having a fresh look at the arbitral award by placing it in a broader context than is usually found, this book allows for a greater understanding of the functioning and evolution of contemporary international commercial arbitration. This book clarifies the status of controversial decisions, such as jurisdictional decisions, consent awards, and emergency orders. As an assessment to help readers determine which arbitral decisions should be qualified as awards, this book is sure to become an international reference for arbitrators, practitioners at global law firms, companies doing transnational business, interested academics, and international arbitration centres in emerging markets.