Multiparty Arbitration
Author | : Bernard Hanotiau |
Publisher | : |
Total Pages | : |
Release | : 2015 |
Genre | : |
ISBN | : 9789041160973 |
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Author | : Bernard Hanotiau |
Publisher | : |
Total Pages | : |
Release | : 2015 |
Genre | : |
ISBN | : 9789041160973 |
Author | : Bernard Hanotiau |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 626 |
Release | : 2020-07-10 |
Genre | : Law |
ISBN | : 9403512628 |
Complex Arbitrations: Multi-party, Multi-contract and Multi-issue A Comparative Study Second Edition Bernard Hanotiau Arbitrations involving more than two parties and complex multi-contractual issues are becoming more and more prevalent every year in every major jurisdiction worldwide. This fully updated, extensively revised edition of a far-seeing 2006 book that has been greatly valued and widely used remains the only comprehensive analysis of all the issues arising from multi-party–multi-contract arbitrations, including those involving States and groups of companies. The numerous factors and problems analysed in depth include the following: theories on the basis of which various courts and tribunals determine who are parties to the arbitration clause and whether a non-signatory may be part of the proceedings; to what extent one can bring to a single arbitration proceeding the various parties who have participated in a single economic transaction through several contracts; reasoning to follow when it comes to deciding whether another company of the group can be joined to the arbitration; whether a party to a complex contractual structure can intervene voluntarily in the proceedings; under what conditions arbitrations may be consolidated; to what extent res judicata applies when a second arbitration is initiated between the same parties on different legal grounds; how and to what extent one can overcome the inconveniences that arise from having several parallel proceedings; and enforcement of multi-party–multi-contract awards. Features of particular value to the practitioner include in-depth analysis of ad hoc and institutional awards rendered under the auspices of numerous arbitral institutions; analysis of relevant national case law based on hundreds of court decisions from all over the world; and appendices specifying multi-party–multi-contract arbitration clauses, provisions of international conventions and relevant national legislative and institutional rules. The first edition has been used all over the world, frequently referred to by courts and tribunals when one of its topics is addressed. The second edition, with its increased volume of arbitral awards and cases from many more jurisdictions, its new scenarios, its updates on new legislation and rules, and its newly researched jurisprudence will help lawyers and corporate counsel solve the increasingly complex procedural issues confronting them in dealing with multi-party–multi-contract disputes. Law professors and students of dispute resolution have here a powerfully authoritative consideration of one of the most salient aspects of current international practice.
Author | : Dimitar Kondev |
Publisher | : John Wiley & Sons |
Total Pages | : 408 |
Release | : 2017-01-23 |
Genre | : Law |
ISBN | : 111925180X |
Multi-Party and Multi-Contract Arbitration in the Construction Industry provides the first detailed review of multi-party arbitration in the international construction sector. Highly practical in approach, the detailed interpretation and assessment of the arbitration of multi-party disputes will facilitate understanding and decision making by arbitrators, clients and construction contractors.
Author | : Bernard Hanotiau |
Publisher | : Icc Pub |
Total Pages | : 272 |
Release | : 2010 |
Genre | : Law |
ISBN | : 9789284200832 |
Author | : Bernard Hanotiau |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 232 |
Release | : 2016-09-23 |
Genre | : Law |
ISBN | : 9041183868 |
Several decades ago, a typical arbitration would involve one claimant against one respondent. Over the years, more and more cases involve several claimants against several respondents. Today, one third of all international ICC arbitrations seem to involve multiparty cases, multi-contract cases involving multiple contracts, multiple parties. The evolution has continued and the debate today is whether it would be possible for a class of people in the same situation or a group of citizens having the same interest to start one single arbitration procedure as a group or as a class. This publication examines the complex issues involved in class or group arbitration on a comparative law basis. Is there a place for such proceedings within the framework of the arbitration process? Class action procedures, as developed in the United States court system and more recently in Canada, are almost nonexistent in Europe. The European Commission has advocated collective redress as an important means of access to justice but class actions have found little enthusiasm in the Members States. The book highlights the lessons which have been learned from the experience of cases in the US and in Europe. What does the future hold for class, collective and mass arbitrations? Are they a marginal phenomenon or has their potential yet to be realized? What are possible solutions to the issues that have been encountered? Can we expect to see more of such arbitrations in the future? Written by arbitrators, academics and practitioners, this Dossier will provide the answers to these questions and many more.
Author | : R. Doak Bishop |
Publisher | : |
Total Pages | : 0 |
Release | : 2009 |
Genre | : Law |
ISBN | : 9780199551729 |
This publication from the International Bureau of the Permanent Court of Arbitration (PCA) presents a collection of studies on the key issues found in complex international commercial and investment disputes. Renowned authors from Europe and North America consider issues from perspectives emanating from both the Anglo-American and Continental European legal systems. The authors consider international multiparty arbitration and its attendant problems from both a conceptual and practical perspective, beginning with the overarching legal problems of determining the proper parties to the arbitration and the ambit of contractual consent. Topics which are comprehensively examined include: Joiner of parties and consolidation of arbitral proceedings; the challenges of administration of multiparty arbitrations; investment arbitration involving multiple parties and multiparty issues in investor-state arbitration; classwide arbitration and arbitrating mass investor claims; lessons that can be learnt from mass claims processes; and enforcement issues. The book also includes a practitioner-oriented discussion of multiparty arbitration in the construction industry.
Author | : Crina Baltag |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 406 |
Release | : 2019-12-11 |
Genre | : Law |
ISBN | : 9403502118 |
Construction Arbitration in Central and Eastern Europe Contemporary Issues Edited by: Crina Baltag & Cosmin Vasile The successful execution of a construction project is inextricably linked to the management of risks and the expeditious settlement of any disputes that may arise. In this regard, the wealth of experience gained by Central and Eastern European practitioners in dealing with complex issues arising in construction projects in the region is highly relevant to international arbitration. Thus, this timely book provides a combination of local expertise and cross-jurisdictional perspectives on topics that most often emerge in construction disputes and which resonate far beyond the specific region covered. The authors, all practitioners with significant expertise in international and domestic construction disputes in Central and Eastern European countries, focus on the following topics: the peculiarities of evidence in construction disputes; the probative value of dispute boards, as well as their enforceability; multi-party issues triggered by the participation of various stakeholders besides employer, contractor and subcontractors; provisional measures; arbitrability of contracts with public authorities; issues of liquidated damages; changes of legislation and costs over passage of time; time bar issues; and resolution of disputes related to construction projects as protected investments. Given the increasing number of disputes and the scarce resources available, this essential guide to contemporary topics in construction disputes, with its cross-border perspective, will prove invaluable to practitioners and to academics in the field of construction law and dispute resolution.
Author | : Isaak Dore |
Publisher | : Springer |
Total Pages | : 220 |
Release | : 1990-08-28 |
Genre | : Law |
ISBN | : |
Companion volume to the author's Arbitration and conciliation under the UNCITRAL rules.
Author | : Dr. Manuel Arroyo |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 3026 |
Release | : 2018-08-06 |
Genre | : Law |
ISBN | : 9041192743 |
Arbitration in Switzerland
Author | : Julian D. M. Lew |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 994 |
Release | : 2003-01-01 |
Genre | : Law |
ISBN | : 9041115684 |
This treatise describes the practice of international commercial arbitration with reference to the major international treaties and instruments, arbitration rules and national laws. It provides an analysis of the interaction between party autonomy and arbitration practice.