Choice Of Law In International Commercial Arbitration PDF Download
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Author | : Okezie Chukwumerije |
Publisher | : Praeger |
Total Pages | : 0 |
Release | : 1994-06-20 |
Genre | : Law |
ISBN | : 0899308783 |
Download Choice of Law in International Commercial Arbitration Book in PDF, ePub and Kindle
International commercial arbitration poses unique challenges to the choice of law. Laws relating to the arbitration agreement, arbitral procedure, and the merits of a dispute must all be applied in light of vital national interests and transnational public policy. State contracts pose additional problems. The legislative, judicial, and arbitral practices in major jurisdictions are analyzed to give the reader a view of the major trends in international commercial arbitration. Practitioners in international commercial arbitration, international lawyers interested in dispute resolution, and students of international commercial law and the conflict of laws will find this book of special interest.
Author | : Neil Kaplan |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 442 |
Release | : 2016-04-24 |
Genre | : Law |
ISBN | : 9041186387 |
Download Jurisdiction, Admissibility and Choice of Law in International Arbitration: Liber Amicorum Michael Pryles Book in PDF, ePub and Kindle
The distinguished international lawyer Michael Pryles, who launched a meteoric career as an arbitrator after many years of teaching and writing on conflicts of law and other topics, has made a mark on arbitral law and practice that is recognized worldwide. In this book, over forty prominent arbitrators and arbitration scholars offer insightful essays on the thorny matters of jurisdiction, admissibility and choice of law in arbitration – topics which have long interested Professor Pryles and are of wide interest. Among the specific issues and topics examined are the following: • res judicata; • investment arbitration; • free trade agreements; • party autonomy; • application of provisional measures; • issue estoppel; • evidentiary inferences; • interim measures; • emergency and default proceedings; • the intersection of financing and jurisdiction; • consolidation of cases; and • non-contractual claims. Remarkable for its roster of highly distinguished contributors, this book is the only in-depth treatment of its subject. By turns thought-provoking and practical, it is bound to appeal to and be put to use by arbitrators and other lawyers who handle international cases. It will also prove of great value to global law firms and companies doing transnational business.
Author | : |
Publisher | : |
Total Pages | : |
Release | : 2001 |
Genre | : |
ISBN | : |
Download Choice-of-law Problems in International Commercial Arbitration (Volume 289). Book in PDF, ePub and Kindle
Author | : Peter Edward Nygh |
Publisher | : Kluwer Law International |
Total Pages | : 40 |
Release | : 1997 |
Genre | : Law |
ISBN | : |
Download Choice of Forum and Laws in International Commercial Arbitration Book in PDF, ePub and Kindle
International commercial arbitration raises issues other than the choice of the law applicable to the principal contract. Autonomy may have a wider meaning, extending beyond the choice of applicable law to the choice of arbitration itself, and of the place or places where it is to be conducted. Nor is it altogether clear what the forum is, if any. This paper raises the fundamental question of what gives the arbitrator his or her competence--the will of the parties or the law of the seat of arbitration which the parties may, or may not, have chosen? The paper also suggests an answer to the questions of which choice of law rules, if any, should be applied by the arbitrators, to what extent arbitrators will apply mandatory rules (règles d'application immédiate), as well as which law governs the procedural aspects and whether it has to be the procedural law of a national system. The new English Arbitration Act 1996 has also been taken into account.
Author | : Franco Ferrari |
Publisher | : Walter de Gruyter |
Total Pages | : 481 |
Release | : 2010-12-23 |
Genre | : Law |
ISBN | : 3866539290 |
Download Conflict of Laws in International Arbitration Book in PDF, ePub and Kindle
Irrespective of the increasing harmonization of law at the transnational level, every arbitration raises a number of confl ict of laws problems relating to procedural questions as well as to issues concerning the merits of the case. Unlike a state court judge, the arbitrator has no "lex fori" in the proper sense providing the relevant confl ict rules to determine the applicable law. This raises the question of what confl ict of laws rules to apply and, consequently, of the extent of the freedom the arbitrator enjoys in dealing with this and related issues. The best example of the importance of confl ict of laws questions in arbitration is the Vivendi-Elektrim saga where the outcome of the various proceedings depended on the question of characterization. This very beneficial book is dealing with - the arbitration agreement, - the jurisdiction of the arbitral tribunal, - the law applicable to the merits and - the arbitration procedure.
Author | : Hossein Fazilatfar |
Publisher | : Edward Elgar Publishing |
Total Pages | : 224 |
Release | : 2019-12-27 |
Genre | : Law |
ISBN | : 1788973852 |
Download Overriding Mandatory Rules in International Commercial Arbitration Book in PDF, ePub and Kindle
Overriding Mandatory Rules in International Commercial Arbitration discusses the applicability of mandatory rules of law in international commercial arbitration and addresses the concerns of the arbitrators and judges at various stages of arbitration and the enforcement of the award.
Author | : Oxford Editor |
Publisher | : |
Total Pages | : 1392 |
Release | : 2021-03 |
Genre | : |
ISBN | : 9780198840107 |
Download Choice of Law in International Commercial Contracts Book in PDF, ePub and Kindle
This global study provides a definitive reference guide to the key choice of law principles on international contracts, including 60 national and regional reports written by experts from all parts of the world, and a dedicated commentary on the Hague Principles as applied to international commercial arbitration.
Author | : Giuditta Cordero-Moss |
Publisher | : Cambridge University Press |
Total Pages | : 527 |
Release | : 2023-12-31 |
Genre | : Law |
ISBN | : 1316514234 |
Download International Commercial Contracts Book in PDF, ePub and Kindle
Verifies the impact of national law and transnational rules on international contracts, particularly those with an arbitration clause.
Author | : Gary Born |
Publisher | : BRILL |
Total Pages | : 1171 |
Release | : 2021-11-15 |
Genre | : Law |
ISBN | : 900450222X |
Download International Commercial Arbitration: Commentary and Materials Book in PDF, ePub and Kindle
International Commercial Arbitration contains detailed commentary, case analyses, and practice pointers. Full annotations and footnotes provide invaluable research assistance, while clearly-written analyses identify and discuss critical issues. Representative international arbitral awards and national court decisions are excerpted, and detailed reference is made to leading institutional rules. Detailed appendices, an easy-to-use Table of Contents, and an extensive index to aid research and provide ready access to key materials. Co-publication with Kluwer Law International. North American sales rights only. Published under the Transnational Publishers imprint. For class adoption a student edition is available for
Author | : Alan Redfern |
Publisher | : Sweet & Maxwell |
Total Pages | : 728 |
Release | : 2004 |
Genre | : Law |
ISBN | : 9780421862401 |
Download Law and Practice of International Commercial Arbitration Book in PDF, ePub and Kindle
Highly acclaimed by practitioners all over the world, Law & Practice of International Commercial Arbitration has deservedly become the leading text in its field. With its comprehensive review of the legal context within which international commercial arbitration operates, Redfern & Hunter is the ultimate user-friendly explanation of how arbitration, and in particular international commercial arbitration, works. The 4th edition has been expanded to give a wider global scope to the work. Readers can also benefit from the expert insight and advice of world-renowned international practitioners. international practitioner * Contains a comprehensive review of the international commercial arbitration process from start to finish * Includes commentary on suitable places of arbitration, developments in international trade law and the increasing harmonisation of national laws governing international arbitration * Appendices include the major international rules of arbitration and conventions * Explains how arbitration should be conducted to be cost effective and profitable * Fully updated to take account of the latest developments all over the world - including a new chapter on investment arbitrations