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A Practical Guide To International Arbitration In London

Author: Hilary Heilbron
Publisher: Taylor & Francis
ISBN: 1135133506
Size: 66.44 MB
Format: PDF, ePub, Mobi
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With the development of international arbitration globally and London as a leading arbitration centre, the need for knowledge of the subject extends to a wider legal audience. A Practical Guide to International Arbitration in London takes a pragmatic look at how to run an international arbitration with a London seat. It explores on a stage-by-stage basis the tactical, procedural and legal issues that need to be considered in an international arbitration in London from the perspective of the arbitral process, including its relationship with the support given by the English courts. The book also examines the role of the English courts in assisting foreign arbitrations.

International Arbitration And Mediation

Author: Michael McIlwrath
Publisher: Kluwer Law International B.V.
ISBN: 9041126104
Size: 32.27 MB
Format: PDF, ePub
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This book is intended as an easily accessible desktop resource for lawyers who regularly counsel businesses when negotiating international deals, and for those who represent the same clients in achieving a successful resolution when disputes emerge. The text is divided into chapters that follow the life cycle of an international commercial dispute as seen through the eyes of the parties, from when they agree how to resolve disputes in their contracts to the endgame of enforcement. Additionally, the appendices include a number of model submissions for further reference.--Provided by publisher.

Procedure And Evidence In International Arbitration

Author: Jeffrey Waincymer
Publisher: Kluwer Law International B.V.
ISBN: 9041140670
Size: 22.72 MB
Format: PDF, Docs
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Central to the book’s purpose is the procedural challenge facing arbitrators at each and every stage of the arbitral process when fairness arguments conflict with efficiency concerns and trade-offs must be determined. Some key themes include how can a tribunal be fair, and in particular be neutral, if parties are so diverse? How can arbitration be made efficient and cost-effective without undue inroads into fairness and accuracy? How does a tribunal do what is best if the parties are choosing a suboptimal process? When can or must an arbitrator ignore procedural choices made by the parties? The author thoroughly evaluates competing arguments and adds his own practical tips, expertly synthesizing and engaging with the conference literature and differing authors’ views. He identifies criteria that offer a harmonized approach to each stage of the arbitral process, with particular attention to such aspects of international arbitration as: appropriate trade-offs between flexibility and certainty; the rights, duties and powers of arbitrators; appointment and challenge of arbitrators; responses to ‘guerilla’ tactics; drafting of arbitration agreements, including specialty clauses; drafting of required commencement notices and response documents; set-off; fast track arbitration and other efficiency options; strategic use of preliminary conferences and timetabling; online arbitration; multi-party, multi-contract, class arbitration; amicus and third party funders; pre-arbitral referees and interim relief; witness evidence, both factual and expert; documentary evidence, production obligations, and challenges to production; identifying applicable law; and remedies and costs.

Aaa Handbook On International Arbitration And Adr Second Edition

Author: American Arbitration Association
Publisher: Juris Publishing, Inc.
ISBN: 1933833483
Size: 76.91 MB
Format: PDF, ePub, Docs
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Assembled from Dispute Resolution Journal - the flagship publication of the American Arbitration Association - the chapters in the Handbook have all, where necessary, been revised and updated prior to publication. The book is succinct, comprehensive and a practical introduction to the use of arbitration and ADR, written by leading practitioners and scholars. The Handbook contains valuable guidance on international commercial arbitration, including the management of arbitration disputes, how to select an international arbitral institution, an explanation of the effect of international public policy, the duties of arbitrators, the presentation and evaluation of evidence in international arbitration, and how to arbitrate against a state sovereign. The enforcement of international arbitral awards is explored, including interim relief and problems with enforcement, the New York Convention, parallel proceedings, and pivotal decisions such as Chromalloy and TermoRio. International mediation is also examined, including guidelines for selecting the best mediator for an international dispute, the power of mediation to resolve international commercial disputes, and the differences in U.S. and European approaches. Lastly, the section on investment and trade arbitration and mediation explores bilateral investment treaties, examines WTO arbitration procedures, offers advice on saving time and money in cross-border commercial disputes, and provides guidance for U.S. investors to follow in dealing with sovereign states. The chapters in the Handbook were selected from an extensive body of writings and, in the main, represent world-class assessments of arbitration and ADR practice. All the major facets of the field are addressed and provide the reader with comprehensive and accurate information, lucid evaluations, and an indication of future developments. They not only acquaint, but also ground the reader in the field.

International Commercial Arbitration

Author: Gary Born
Publisher: Kluwer Law International
ISBN: 9041127593
Size: 56.59 MB
Format: PDF
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International Commercial Arbitration Third Edition is an authoritative treatise providing the most complete available commentary and analysis on all aspects of the international commercial arbitration process. This completely revised and expanded edition of Gary Born's authoritative work is divided into three main parts, dealing with the International Arbitration Agreement, International Arbitral Procedures and International Arbitral Awards. The Third Edition provides a systematic framework for both current analysis and future developments, as well as exhaustive citations from all leading legal systems. INTERNATIONAL ARBITRATION AGREEMENTS Legal Framework for International Arbitration Agreements International Arbitration Agreements and the Separability Presumption Choice-of-Law Governing International Arbitration Agreements Formation, Validity and Legality of International Arbitration Agreements International Arbitration Agreements and Competence-Competence Effects and Enforcement of International Arbitration Agreements Interpretation of International Arbitration Agreements INTERNATIONAL ARBITRAL PROCEDURES AND PROCEEDINGS Legal Framework for International Arbitral Proceedings Selection, Challenge and Replacement of Arbitrators in International Arbitration Rights and Duties of International Arbitrators Selection of Arbitral Seat in International Arbitration Procedures in International Arbitration Disclosure and Discovery in International Arbitration Provisional Measures in International Arbitration Consolidation, Joinder and Intervention in International Arbitration Choice of Substantive Law in International Arbitration Confidentiality in International Arbitration Legal Representation and Professional Conduct in International Arbitration INTERNATIONAL ARBITRAL AWARDS Legal Framework for International Arbitral Awards Form and Content of International Arbitral Awards Correction, Interpretation and Supplementation of International Arbitral Awards Annulment of International Arbitral Awards Recognition and Enforcement of International Arbitral Awards Preclusion, Lis Pendens and Stare Decisis in International Arbitral Awards

International Commercial Arbitration And The Arbitrator S Contract

Author: Emilia Onyema
Publisher: Routledge
ISBN: 1135167044
Size: 63.74 MB
Format: PDF
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This book examines the formation, nature and effect of the arbitrators’ contract, addressing topics such as the appointment, challenge, removal and duties and rights of arbitrators, disputing parties and arbitration institutions. The arguments made in the book are based on a semi-autonomous theory of the juridical nature of international arbitration and a contractual theory of the legal nature of these relationships. From these premises, the book analyses the formation of the arbitrator’s contract in both ad hoc and institutional references. It also examines the institution’s contract with the disputing parties and its effect on the arbitrator’s contract under institutional references. The book draws from national arbitration laws and institutional rules in various jurisdictions to give a global view of the issues examined in it. The arbitrator’s contract is analysed from a global perspective of arbitral law and practice with insights from various jurisdictions in Africa, Asia, Europe, North and South America. The primary focus of the book is an analysis of the formation of the arbitrator’s contract and the terms of this contract and the institution’s contract. The primary question of the consequences (if any) of the breaches of the terms of these contracts and its impact on the exclusion or limitation of liability of arbitrators and institutions is also analysed with the conclusion that since these transactions are contractual and the terms can be categorised as in any normal contract, then normal contractual remedies can be applied to the breaches of these terms. International Commercial Arbitration and the Arbitrator’s Contract will be of great value to arbitration practitioners and researchers in arbitration. It will also be very useful to students of arbitration on the topics of arbitrators and arbitration institution.

Arbitration Of International Intellectual Property Disputes

Author: Thomas D. Halket
Publisher: Juris Publishing, Inc.
ISBN: 193383367X
Size: 25.48 MB
Format: PDF, ePub
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The Arbitration of International Intellectual Property Disputes, which is designed not only for arbitration counsel and arbitrators but also for in-house counsel and transactional lawyers, provides a thorough guide to the use of arbitration to resolve these disputes. Both practical as well as scholarly, it starts by exploring how and why arbitration can provide the best way to resolve these disputes and how to draft an effective arbitration provision. It then covers the principal unique issues which can arise in the arbitration itself, from choosing the tribunal through confidentiality, discovery, validity determinations, choice of law, provisional and final remedies and enforceability. With the world more and more dependent upon technology of all types, the continued and growing importance of intellectual property cannot be understated. There has been, and will continue to be, an accompanying explosion in the number and complexity of transactions in which intellectual property is a critical, if not the critical, element. Many of these transactions cross national boundaries; as do the disputes which inevitably arise from them. But international intellectual property disputes present complexities not encountered in either intellectual property disputes which are confined to one country or other international commercial disputes. The Arbitration of International Intellectual Property Disputes will serve as a handy reference and guide for navigating through the complex maze of intellectual property and arbitration.

Aaa Yearbook On Arbitration And The Law 23rd Edition

Author: Stephen K. Huber
Publisher: Juris Publishing, Inc.
ISBN: 1933833815
Size: 24.36 MB
Format: PDF, ePub, Mobi
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For this work, editors Stephen K. Huber and Ben H. Sheppard, Jr. and the University of Houston Law Center collaborate with the American Arbitration Association (AAA), to revive the tradition of publishing an annual survey of important developments in arbitration and the law. Initially published as the "AAA General Counsel's Annual Report" and later as "ADR & the Law," the annual survey has not been published since 2007. The Yearbook will once again be produced on an annual basis. The AAA Yearbook on Arbitration and the Law provides arbitrators and busy practitioners a practical, relevant and readily accessible resource, organized into two parts: Part One contains digests of important decisions of the United States Supreme Court, the United States Court of Appeals and state supreme courts. This volume includes digests of selected judicial decisions from 2007 through 2009, and is current through October 1, 2010. The book contains 130 case digests, together with citations and descriptive cross-references to more than 400 related decisions. Recognizing the important role of arbitration in the global economy, there is a separate chapter containing digests and cross-references to cases dealing with the unique issues presented in international arbitrations. Part Two consists of articles that address a wide range of timely and important arbitration topics, including a comprehensive report on the extraordinary range of services that the AAA provides and a detailed overview of the international activities of the AAA/ICDR, including a report on the successful implementation of the ICDR's pre-arbitral emergency arbitrator procedure, the first such procedure to be adopted by any arbitral institution as a standard part of its rules. Other articles address some of the hottest topics in domestic and international arbitration, such as a survey on the status of "manifest disregard of the law" as a basis to vacate an arbitral award; arbitral cost allocation decisions and whether guidelines should accompany arbitral discretion; a tenth anniversary reflection on experience under The Revised Uniform Arbitration Act; problems posed by arbitrator disclosure and implications of a duty to investigate; whether a private international arbitration falls within "foreign or international" tribunal under 28 U.S.C. Section 1782; and several timely practice pointers for parties seeking discovery in aid of arbitration. The AAA Yearbook re-establishes itself as the preeminent annual yearbook on Arbitration and Dispute Resolution in the United States. It is a required and necessary reference work for all who wish to stay on top of the latest trends, developments , cases and guidelines – accompanied by expert commentary and analysis – in Arbitration and Dispute Resolution.

A Guide To The Icdr International Arbitration Rules

Author: Martin F. Gusy
Publisher: Oxford University Press
ISBN: 0199596840
Size: 78.49 MB
Format: PDF, ePub, Mobi
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This commentary on the International Centre for Dispute Resolution (ICDR) Rules is a comprehensive reference work for practitioners and arbitrators considering ICDR arbitration. The International Centre for Dispute Resolution (ICDR) is the international division of the American Arbitration Association (AAA) and given that an excess of 600 arbitrations are now administered every year under the ICDR Rules, this book answers the need for the first comparative guide devoted to them. The ICDR International Arbitration Rules are structured in accordance with the typical life-cycle of an international arbitration and thus the book follows their thematic structure, providing ample cross-referencing to assist the reader in understanding the relationship between the various rules and genuine issues likely to be encountered during an arbitration. The commentary embraces each of the 37 articles in their entirety and includes discussion of how each provision compares to analogous rules of other major arbitral institutions. The authors draw not only on their own experience, but on caselaw gathered from foreign jurisdictions and from the rich vein of caselaw in the US (applying the ICDR Rules and, where appropriate, analogous provisions of various AAA domestic rules). The work's comparative perspective helps to emphasize key issues to consider when drafting an arbitral clause or strategizing over the conduct of an arbitration. A Guide to the ICDR International Arbitration Rules features multiple appendices and difficult-to-find resources to form a collection of core materials which include the ICDR Rules, the administrative fee schedule, guidelines for exchanges of information, practice notes and key AAA cooperation agreements with other institutions. Together, Gusy, Hosking and Schwarz form a strong author team of practitioners whose combined experience includes having co-chaired the ICDR's young Practitioner's group, collaborated with the ICDR and interviewed key ICDR senior management members.