Albert Arbitration
| Author | : Hugh McCalmont Cairns Cairns (1st earl) |
| Publisher | : |
| Total Pages | : 358 |
| Release | : 1872 |
| Genre | : Insurance law |
| ISBN | : |
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New Frontiers in Asia-Pacific International Arbitration and Dispute Resolution
| Author | : Shahla Ali |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 313 |
| Release | : 2020-12-10 |
| Genre | : Law |
| ISBN | : 940352863X |
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International Arbitration Law Library Volume 59 The eastward shift in international dispute resolution has already involved initiatives not only to improve support for international commercial arbitration (ICA) and investor-state dispute settlement (ISDS) but also to develop alternatives such as international commercial courts and mediation. Focusing on these initiatives and their accompanying case law and trends in the Asia-Pacific region, this invaluable book challenges existing procedures and frameworks for cross-border dispute resolution in both commercial and treaty arbitration. Specially assembled for this project, an outstanding team of experienced and insightful arbitrators and scholars describes pertinent developments including: ICA and ISDS in the context of China’s Belt and Road Initiative; the Singapore Convention on Mediation; the shift to virtual hearings and other challenges from the COVID-19 pandemic; mistrust of the application of the rule of law in certain East Asian jurisdictions; growing public concern over ISDS arbitration; tensions between confidentiality and transparency; and potential regional harmonisation of the public policy exception to arbitral enforcement. The contributors chart evolving practices and high-profile cases to make informed observations about where changes are needed, as well as educated guesses about the chances of reforms being successful and the consequences if they are not. The main jurisdictions covered are China, Hong Kong, Japan, Malaysia, India, Australia and Singapore. The first in-depth study of recent trends in dispute resolution practice related to business in the Asia-Pacific region, the book’s practical analysis of new resources for dealing with the increasing competition among countries to become credible regional dispute resolution hubs will prove to be of great value to specialists in the international business law sector. Lawyers will be enabled to make informed decisions on which venue and dispute resolution methods are the most suitable for any specific dispute in the region, and policymakers will confidently assess emerging trends in international dispute resolution policy development and treaty-making.
International Arbitration in the Netherlands
| Author | : Albert Marsman |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 874 |
| Release | : 2021-03-26 |
| Genre | : Law |
| ISBN | : 9041156259 |
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International Arbitration in the Netherlands With a Commentary on the NAI and PCA Arbitration Rules Albert Marsman About this book: International Arbitration in the Netherlands is a detailed English-language commentary and analysis on how international arbitrations seated in the Netherlands proceed under the most commonly used sets of arbitration rules. The Netherlands, long known for its encouragement and facilitation of arbitration as a forum for the resolution of international disputes, frequently draws multinational corporations, States, and international organizations from all parts of the world for the conduct of international arbitration. Over the past decades, several of the world’s largest international arbitrations have been seated in the Netherlands, including numerous investment arbitrations under the auspices of the Permanent Court of Arbitration (PCA) in The Hague. This book contrasts the conduct of international arbitrations in the Netherlands with that in other jurisdictions. What’s in this book: By giving a complete insight into the primary sources of Dutch arbitration law – the Netherlands Arbitration Act of 2015 and its predecessor of 1986, its legislative materials, and published case law – the book includes such invaluable features as the following: 1,400 references to decisions of the Dutch State courts and arbitral tribunals seated in the Netherlands; more than 850 references to the legislative materials; extensive description of distinctions with the arbitration laws of England, France, Switzerland, Sweden, Singapore, as well as the UNCITRAL Model Law. complete commentary on the most recent version of the NAI Arbitration Rules and PCA Arbitration Rules; and extensive description of distinctions between the NAI Arbitration Rules and the PCA Rules, on the one hand, and the ICC Rules 2021 and the UNCITRAL Rules 2013 on the other. How this will help you: The book, focusing on the conduct of international arbitrations, is written by a highly experienced international arbitration counsel with extensive input from the members of the author’s firm. Arbitration practitioners, jurists, and academics worldwide are sure to appreciate the book’s incomparable scope and attention to detail.
The New York Arbitration Convention of 1958
| Author | : A. J. van den Berg |
| Publisher | : Kluwer Law International |
| Total Pages | : 466 |
| Release | : 1981-01-01 |
| Genre | : Law |
| ISBN | : 9789065440358 |
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The New York Arbitration Convention of 1958 is the cornerstone of international commercial arbitration. Although judicial interpretation of the Convention has proceeded since the publication of Albert Jan van den Berg's classic commentary, his extraordinarily thorough analysis remains the preeminent work on the application and enforcement aspects of the Convention. Setting out to repair what van den Berg calls "an undesirable degree of uncertainty" in judicial interpretation of the Convention, his analysis takes a comparative approach to relevant court decisions in the contracting states. For each of three main subject areas - the field of application, enforcement of the agreement, and enforcement of the award - he examines the various issues, explaining the relevant Convention provisions and analyzing and comparing the relevant court decisions. For issues on which a consensus is lacking, he offers an analysis leading to a single valid interpretation. Many of these interpretations have become virtually settled in current practice. In addition to case law, the author takes into account the legislative history of the 1958 Conference and the provisions of earlier arbitration conventions. This is a true classic in the sense that its immediate usefulness has never flagged over the nearly three decades of its availability. Arbitrators and judges everywhere have leaned on it, and continue to lean on it, for the depth and clarity of its understanding of the law of international commercial arbitration. While it is a standard academic work in the field, its proven great practical value to jurists and practitioners persists.
Albert Arbitration
| Author | : Hugh McCalmont Cairns Cairns |
| Publisher | : Palala Press |
| Total Pages | : 354 |
| Release | : 2015-08-31 |
| Genre | : |
| ISBN | : 9781340700607 |
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This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Albert Arbitration
| Author | : Hugh McCalmont Cairns Cairns |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 1872 |
| Genre | : Arbitration and award |
| ISBN | : |
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Albert Arbitration
| Author | : Hugh McCalmont Cairns Cairns (1st earl) |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 1872 |
| Genre | : Insurance law |
| ISBN | : |
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International Commercial Arbitration
| Author | : A. J. van den Berg |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 528 |
| Release | : 2003-01-01 |
| Genre | : Law |
| ISBN | : 9041122192 |
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The collected papers in ICCA Congress Series no. 11, as reflected in its title, address important contemporary questions in international commercial arbitration. Included are contributions written by participants in the UNCITRAL Working Group on Arbitration and Conciliation on its current work on the requirement of a written form for an arbitration agreement, interim measures of protection and UNCITRAL?s Model Law on International Commercial Conciliation. Further contributions give leading practitioners? views on illegality in the formation and performance of contracts or in the conduct of the arbitration, examining questions on how the arbitral tribunal should deal with these vexed issues and how forgery and fraud may be detected. The factors that lead to acceptance by parties of the decisions of arbitrators are dealt with in contributions on the psychological aspects of dispute resolution. The volume concludes with a series of articles on arbitration under investment treaties written by experienced arbitrators and practitioners, with special emphasis on ICSID and NAFTA and the emerging issues of transparency, accountability and review. Contains lengthy articles on the ongoing work of UNCITRAL on proposed amendments to the UNCITRAL Model Law on International Commercial Arbitration and the recently adopted Model Law on International Commercial Conciliation Details the current thinking on the requirement of an arbitration agreement in writing and how this can be accommodated by the UNCITRAL Model Law and the 1958 New York Convention Addresses the granting of interim measures by arbitral tribunals and their enforcement by national and foreign courts Analyzes issues raised by illegality in the formation and performance of contracts and in the conduct arbitrations and provides a systematic overview of the answers given by legislation, arbitrators and courts Provides insight into the attitudes of arbitrators and parties regarding dispute settlement processes Addresses the changing public perception of arbitration under investment treaties
Alternative Dispute Resolution
| Author | : Albert Fiadjoe |
| Publisher | : Routledge |
| Total Pages | : 191 |
| Release | : 2013-03-04 |
| Genre | : Law |
| ISBN | : 1135332096 |
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This book highlights the tremendous shift in the traditional arrangements for the delivery of civil justice in the Commonwealth Caribbean, from litigation to alternative dispute resolution (ADR) processes. Over the last quarter of a century, much learning has taken place on the topic of ADR and the literature on the subject is now voluminous. This book puts forward the thesis that the peculiar experiences of the developing world ought to help reshape our traditional notions of ADR. Furthermore, the impact of globalisation on the developing world has brought with it special and peculiar challenges to our notions of civil and criminal justice which are not replicated elsewhere. This book will appeal to a wide readership. The legal profession, students of law and politics, social scientists, mediators, the police, state officers and the public at large will find its contents of interest.
Yearbook Commercial Arbitration, Volume XLV (2020)
| Author | : Stephan W. Schill |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 589 |
| Release | : 2020-12-17 |
| Genre | : |
| ISBN | : 9403522615 |
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The Yearbook Commercial Arbitration continues its longstanding commitment to serving as a primary resource for the international arbitration community, with reports on arbitral awards and court decisions applying the leading arbitration conventions and decisions of general interest to the practice of international arbitration as well as announcements of arbitration legislation and rules. Volume XLV (2020) includes: excerpts of arbitral awards made under the auspices of the International Chamber of Commerce (ICC) and the Milan Chamber of Arbitration (CAM), as well as twelve awards reflecting the practice of tribunals constituted under the auspices of the Arbitration Institute of the Stockholm Chamber of Commerce (SCC); notes on new and amended arbitration rules, including references to their online publication; notes on recent developments in arbitration law and practice in Ethiopia, Lithuania, Macao SAR, Palau, Peru, Poland, Portugal, Russian Federation, Seychelles, Sierra Leone, Singapore, Switzerland, Tanzania, Thailand, and Tonga; excerpts of 87 court decisions applying the 1958 New York Convention from 27 countries – including, for the first time, a selection of seven cases from Egypt, and cases from Tanzania and Uzbekistan – all indexed by subject matter and linked to the commentaries on the New York Convention published in the Yearbook, authored by former General Editor and leading expert Prof. Dr. Albert Jan van den Berg; excerpts from two decision applying the 1965 Washington (ICSID) Convention and seven decisions applying the 1975 Panama (Inter-American) Convention, as well as a selection of four court decisions of general interest; an extensive Bibliography of recent books and journals on arbitration. The Yearbook is edited by the International Council for Commercial Arbitration (ICCA), the world’s leading organization representing practitioners and academics in the field, under the general editorship of Prof. Dr. Stephan W. Schill and with the assistance of the Permanent Court of Arbitration, The Hague. It is an essential tool for lawyers, business people and scholars involved in the practice and study of international arbitration.
