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Author: R. Doak Bishop
Publisher:
ISBN: 9780199551729
Category : Law
Languages : en
Pages : 0
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Book Description
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: R. Doak Bishop
Publisher:
ISBN: 9780199551729
Category : Law
Languages : en
Pages : 0
Get Book
Book Description
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: Bernard Hanotiau
Publisher: Kluwer Law International B.V.
ISBN: 904112442X
Category : Law
Languages : en
Pages : 414
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Book Description
Provides an analysis of the issues arising from multiparty-multicontract arbitrations, including those involving States and groups of companies. This work analyses theories on the basis of which courts and arbitral tribunals determine who are parties to the arbitration clause; and whether an arbitration clause may be extended to non-signatories.
Author: Bernard Hanotiau
Publisher: Kluwer Law International B.V.
ISBN: 9041183868
Category : Law
Languages : en
Pages : 232
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Book Description
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: Thomas E. Carbonneau
Publisher: Juris Publishing, Inc.
ISBN: 1937518361
Category : Law
Languages : en
Pages : 731
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Book Description
The Law and Practice of Arbitration is a comprehensive treatise about the development and practice of arbitration law in the United States. It addresses in detail the recourse to arbitration in domestic matters -- employment, labor, consumer transactions, and business -- and its use in the resolution of international commercial claims. It covers all of the major subject areas in the field and provides practical advice as well as an easy-to-read, clear discussion of the relevant case law. It represents a masterful synthesis of the entire body of arbitration law. It discusses basic concepts and doctrines, the FAA, freedom of contract in arbitration, arbitrability, the enforcement of awards, the use of arbitration in consumer and employment matters, institutional arbitration, and the drafting of arbitration agreements. It speaks of the federalization of the law and growing judicial objections to the use of adhesionary arbitration agreements in the consumer context, The volume represents the author's continuing in-depth reflection on the practical and systemic consequences of United States Supreme Court's decisional law on arbitration -- a process that is instrumental to the operation of the United States legal system as well as international business. The work continues its tradition of being the best statement on U.S. arbitration law and practice. The Law and Practice of Arbitration is a handy reference for all who have an interest in arbitration law and practice. The new Fifth Edition of Carbonneau’s treatise is built upon a comprehensive update of the federal circuit and U.S. Supreme Court cases on arbitration. The Introduction has been rewritten to take into account AT & T Mobility v. Concepcion and the American Express Merchants’ Litigation in the development of U.S. arbitration law. These decisions represent landmark USSC pronouncements on adhesive arbitration. The Introduction also contains a new section on the foundational legitimacy of arbitration in the U.S. legal system. The two landmark decisions are also incorporated into the text of Chapter 8 on the topic of adhesive arbitration. Chapter 9 on the award enforcement assesses the standing of Stolt-Nielsen in light of the Court’s recent decision in Sutter, asking whether this re-evaluation might be a de facto reversal of the earlier and highly unusual opinion. The assessment takes into account Justice Alito’s concurring opinion in Sutter. Chapter 10 on International Commercial Arbitration has undergone substantial rewriting and makes its various points more lucidly and effectively. This is also true of chapters 2, 3, and 5. Many footnotes have been perfected in form and content. The per curiam opinions---KPMG LLP v. Cocchi, Marmet Health Care v. Brown, and Nitro-Lift v. Howard---are all integrated into the text and fully assessed. The USSC’s decision in CompuCredit v. Greenwood is evaluated for its significance on the issue of Congressional intent to preclude arbitration. There are updates on how the courts define arbitration, the waiver of the right to arbitrate (in particular, the Ninth Circuit opinion in Richards v. Ernst & Young), the enforcement of arbitration agreement, with emphasis upon the curious Third Circuit decision on the matter in Guidotti, the latest adherents to the ill-conceived RUAA, the Ninth Circuit’s favorable response to AT&T Mobilty in Mortensen and Murphy, and an assessment of recent developments on the judicial imposition of penalties for frivolous vacatur actions. The treatise continues to be a highly contemporary and complete statement on the law of arbitration.
Author: Bernard Hanotiau
Publisher:
ISBN: 9789403512617
Category :
Languages : en
Pages : 632
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Book Description
Complex Arbitrations: Multi-party, Multi-contract and Multi-issue' is a fully updated and renewed second edition of the far-sighted 2006 guide that was extensively used and much appreciated worldwide. Arbitrations which involve two or more parties and complex multi-party issues are becoming very common and frequent year by year. This one-stop guide provides a comprehensive and unique in-depth analysis of the multiplicity of issues arising from multi-party and multi-contract arbitration. It includes the decisions of several hundreds of courts from all major arbitral jurisdictions in the world and ad hoc and institutional awards ? published and unpublished ? rendered in all parts of the world under the auspices of all leading institutions.
Author: Bernard Hanotiau
Publisher:
ISBN: 9789041160973
Category :
Languages : en
Pages :
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Book Description
Author: Laurence Shore
Publisher: Kluwer Law International B.V.
ISBN: 9041190813
Category : Law
Languages : en
Pages : 888
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Book Description
International Arbitration in the United States is a comprehensive analysis of international arbitration law and practice in the United States (U.S.). Choosing an arbitration seat in the U.S. is a common choice among parties to international commercial agreements or treaties. However, the complexities of arbitrating in a federal system, and the continuing development of U.S. arbitration law and practice, can be daunting to even experienced arbitrators. This book, the first of its kind, provides parties opting for “private justice” with vital judicial reassurance on U.S. courts’ highly supportive posture in enforcing awards and its pronounced reluctance to intervene in the arbitral process. With a nationwide treatment describing both the default forum under federal arbitration law and the array of options to which parties may agree in state courts under state international arbitration statutes, this book covers aspects of U.S. arbitration law and practice as the following: .institutions and institutional rules that practitioners typically use; .ethical considerations; .costs and fees; .provisional measures; and .confidentiality. There are also chapters on arbitration in specialized areas such as class actions, securities, construction, insurance, and intellectual property.
Author: Vesna Lazić
Publisher: Springer
ISBN: 946265252X
Category : Law
Languages : en
Pages : 127
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Book Description
The contributions in this book cover a wide range of topics within modern disputeresolution, which can be summarised as follows: harmonisation, enforcement andalternative dispute resolution. In particular, it looks into the impact of harmonisedEU law on national rules of civil procedure and addresses the lack of harmonisationin the US regarding the recognition and enforcement of foreign judgments. Furthermore,the law on enforcement is examined, not only by focusing on US law, but also onhow to attach assets in order to enforce a judgment. Finally, it addresses certain typesof alternative dispute resolution. In addition, the book looks into the systems andcultures of dispute resolution in several regions of the world, such as the EU, the US andChina, that have a high impact on globalisation. Hence, the book is diverse in the senseof dealing with multiple issues in the field of modern dispute resolution./div The book offers explorations of the impact of international rules and EU law on domesticcivil procedure, through case studies from, among others, the US, China, Belgium andthe Netherlands. The relevance of EU law for the national debate and its impact on theregulation of civil procedure is also considered. Furthermore, several contributions discussthe necessity and possibility of harmonisation in the emergency arbitrator mechanisms inthe EU. The harmonisation of private international law rules within the EU, particularlythose of a procedural nature, is juxtaposed to the lack thereof in the US. Also, the bookoffers an overview of the current dispute settlement mechanisms in China. The publication is primarily meant for legal academics in private international law andcivil procedure. It will also prove useful to practitioners regularly engaged in cross-borderdispute resolution and will be of added value to advanced students, as well as to those withan interest in international litigation and more generally in the area of dispute resolution. Vesna Lazić is Senior Researcher at the T.M.C. Asser Institute, Associate Professor ofPrivate Law at Utrecht University and Professor of European Civil Procedure at theUniversity of Rijeka. Steven Stuij is an expert in Private International Law and a PhD Candidate/GuestResearcher at the Erasmus School of Law, Rotterdam. Ton Jongbloed is Guest Editor on this volume./div
Author: Christopher R. Drahozal
Publisher: Kluwer Law International B.V.
ISBN: 9041123229
Category : Law
Languages : en
Pages : 394
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Book Description
Most books on international commercial arbitration approach the subject through legal theory supported by anecdotal evidence. This remarkable book is distinguished by its focus on the application of quantitative empirical research to the study of international arbitration. It collects, together with commentary, the existing empirical literature on the subject, and also presents several studies published here for the first time. Beginning with a basic overview of the methods of empirical research (surveys, observational studies, experimental studies), the book goes on to reprint the existing empirical studies under six headings: why parties agree to arbitrate; arbitration clauses; arbitral procedures; arbitrator selection; rules of decision and applicable law; and, arbitration awards. Written in an easily accessible, non-technical manner, Towards a Science of International Arbitration provides the starting point for future empirical research on international arbitration by collecting the existing empirical literature in one place and by suggesting possible topics for research. It will be of inestimable value to lawyers and others involved in international dispute resolution, whether as arbitrators, parties, party representatives, or in-house counsel, as well as to academics interested in methods of resolving disputes in international commerce.
Author: Gary B. Born
Publisher: Aspen Publishing
ISBN: 1454860251
Category : Law
Languages : en
Pages : 1237
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Book Description
This important casebook is based upon one of the leading books in the field Born's treatise, International Commercial Arbitration. It offers a comprehensive approach to international commercial arbitration (focused on the New York Convention and UNCITRAL Model Law), while providing comparative examples drawn from state-to-state and investment arbitration. An easy-to-use chronological structure follows the course of an international arbitration. Features: Thoroughly revised to reflect amendments to UNCITRAL Rules, ICC Rules and other institutional arbitration rules New sections addressing IBA Guidelines on Party Representation in International Arbitration Revised to reflect amendments to representative national arbitration legislation in France, Singapore and elsewhere Streamlined excerpts of cases and awards; added excerpts of new arbitral awards on selected topics.
