International Arbitration Three Salient Problems PDF Download
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Author | : Stephen M. Schwebel |
Publisher | : Cambridge University Press |
Total Pages | : 355 |
Release | : 2020-01-23 |
Genre | : Law |
ISBN | : 1108861938 |
Download International Arbitration Book in PDF, ePub and Kindle
The vitality or, alternatively, vitiation of the international arbitral process remains a pressing subject. The explosion of inter-State, investor-State, and international commercial arbitration in recent years magnifies the importance of the subject. This second edition combines the historical analysis of the first edition with a survey of the continued salience and contemporary developments for each of the three problems identified: (i) the severability of the arbitration agreement; (ii) denial of justice (and now other possible breaches of international law) by governmental negation of arbitration; and (iii) the authority of truncated international arbitral tribunals. The international arbitral process continues to be fortified against unilateral attempts to derail it and, to that end, this book will be a valuable guide for practitioners and scholars alike.
Author | : Stephen M. Schwebel |
Publisher | : |
Total Pages | : 322 |
Release | : 1993-01-01 |
Genre | : Law |
ISBN | : 9780521463232 |
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In the field of international arbitration, both inter-State and commercial, the effective establishment and operation of the arbitral tribunal is a matter of dominant importance. This study examines three salient problems which arise in this connection: the relationship between an arbitration clause and the contract of which it forms part; whether a refusal to arbitrate is a denial of justice under international law; and the impact upon arbitration of the withdrawal of a member of the tribunal.
Author | : |
Publisher | : |
Total Pages | : |
Release | : 2021 |
Genre | : |
ISBN | : |
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Author | : Stephen M. Schwebel |
Publisher | : Cambridge University Press |
Total Pages | : 506 |
Release | : 1987-02-01 |
Genre | : Law |
ISBN | : 9780949009029 |
Download International Arbitration: Three Salient Problems Book in PDF, ePub and Kindle
In the field of international arbitration, both inter-State and commercial, the effective establishment and operation of the arbitral tribunal is a matter of dominant importance. This study examines three salient problems which arise in this connection: the relationship between an arbitration clause and the contract of which it forms part; whether a refusal to arbitrate is a denial of justice under international law; and the impact upon arbitration of the withdrawal of a member of the tribunal.
Author | : Chiara Giorgetti |
Publisher | : BRILL |
Total Pages | : 99 |
Release | : 2019-09-24 |
Genre | : Law |
ISBN | : 9004416234 |
Download The Selection and Removal of Arbitrators in Investor-State Dispute Settlement Book in PDF, ePub and Kindle
The Selection and Removal of Arbitrators in Investor-State Dispute Settlement explores and assesses two essential features in investor state dispute resolution (ISDS): the selection and the removal of arbitrators. Both topics have received increasing scrutiny and criticism, that have in turn generated calls for reforms In its first part, the book explains the selection of arbitrators procedurally and comparatively under the most-often used arbitration rules.
Author | : Mikaël Schinazi |
Publisher | : Cambridge University Press |
Total Pages | : 385 |
Release | : 2021-12-16 |
Genre | : Law |
ISBN | : 1108871747 |
Download The Three Ages of International Commercial Arbitration Book in PDF, ePub and Kindle
A unique history of modern international commercial arbitration theory and practice, this book draws on a wide range of sources from the eighteenth century to the present. It sets out the origins and evolution of the modern regime of international arbitration, the International Chamber of Commerce and current controversies.
Author | : Margaret L. Moses |
Publisher | : Cambridge University Press |
Total Pages | : 91 |
Release | : 2008-03-17 |
Genre | : Law |
ISBN | : 1139469975 |
Download The Principles and Practice of International Commercial Arbitration Book in PDF, ePub and Kindle
This title provides the reader with immediate access to understanding the world of international arbitration. Arbitration has become the dispute resolution method of choice in international transactions. This book explains 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 changes in arbitration laws, rules, and guidelines. 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 the best arbitration 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.
Author | : Nathalie Najjar |
Publisher | : BRILL |
Total Pages | : 1340 |
Release | : 2017-10-23 |
Genre | : Law |
ISBN | : 9004357483 |
Download Arbitration and International Trade in the Arab Countries Book in PDF, ePub and Kindle
Arbitration and International Trade in the Arab Countries by Nathalie Najjar is masterful compendium of arbitration law in the Arab countries. A true study of comparative law in the purest sense of the term, the work puts into perspective the solutions retained in the various laws concerned and highlights both their convergences and divergences. Focusing on the laws of sixteen States, the author examines international trade arbitration in the MENA region and assesses the value of these solutions in a way that seeks to guide a practice which remains extraordinarily heterogeneous. The book provides an analysis of a large number of legal sources, court decisions as well as a presentation of the attitude of the courts towards arbitration in the States studied. Traditional and modern sources of international arbitration are examined through the prism of the two requirements of international trade, freedom and safety, the same prism through which the whole law of arbitration is studied. The book thus constitutes an indispensable guide to any arbitration specialist called to work with the Arab countries, both as a practitioner and as a theoretician.
Author | : John Norton Moore |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 174 |
Release | : 2013-03-15 |
Genre | : Law |
ISBN | : 9004249311 |
Download International Arbitration Book in PDF, ePub and Kindle
Arbitration is a staple of international dispute resolution. Though the international community now has a plethora of courts and tribunals at its disposal, for numerous reasons international arbitration remains a central mechanism—perhaps even the central mechanism in third-party resolution of international commercial disputes. International Arbitration: Contemporary Issues and Innovations brings together some of the world’s most distinguished experts to examine important contemporary issues and trends in international arbitration. The volume offers a broad range of analysis beginning with current key procedural issues. Both Private and Public International Law are examined, including such topics as investor-state relations, arbitration in the law of the sea and human rights and investment arbitration.
Author | : Maud Piers |
Publisher | : Cambridge University Press |
Total Pages | : 328 |
Release | : 2018-01-25 |
Genre | : Law |
ISBN | : 1108287174 |
Download Arbitration in the Digital Age Book in PDF, ePub and Kindle
Arbitration in the Digital Age analyses how technology can be efficiently and legitimately used to further sound arbitration proceedings. The contributions, from a variety of arbitration scholars, report on current developments, predict future trends, and assesses their impact from a practical, legal, and technical point of view. The book also discusses the relationship between arbitration and the Internet and analyses how social media can affect arbitrators and counsel's behaviour. Furthermore, it analyses the validity of electronic arbitration and awards, as well as Online Arbitration (OArb). The volume establishes, on a very practical level, how technology could be used by arbitration institutions, arbitrators, parties to an arbitration and counsel. This book will be of special interest to arbitrators and lawyers involved in international commercial arbitration.