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Selected Papers on International Arbitration
  • Language: en

Selected Papers on International Arbitration

  • Type: Book
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  • Published: 2012
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  • Publisher: Unknown

Each year, the Swiss Arbitration Academy (SAA) offers and conducts an intensive and practical course in international arbitration. The training is designed for lawyers, in-house counsel, and other professionals interested in cutting edge international dispute resolution. All participants who successfully complete the course, which includes the submission of a final paper, are awarded the SAA Certificate and the title Arbitration Practitioner ArbP. The SAA Series on International Arbitration contains the best graduation papers of all participants who successfully completed the post-graduate studies in international arbitration of the SAA. The papers in this series, published on a yearly basis, cover different aspects of international arbitration.

Enforcement in Switzerland
  • Language: en
  • Pages: 322

Enforcement in Switzerland

  • Categories: Law

- Enforcement of judgments and arbitral awards in Switzerland - Enforcement proceedings step by step - Full translation of the Swiss Debt Enforcement and Bankruptcy Act The enforcement of judgments and arbitral awards is an important part of the practice of many dispute resolution teams all around the world. It often involves cross-border issues, since enforcement can (also) take place in jurisdictions other than the jurisdiction where the judgment or award originated. This book is designed as a practical guide to enforcement issues in Switzerland for foreign practitioners. It explains the various enforcement proceedings on a step by step basis and contains a full translation of the Swiss Debt Enforcement and Bankruptcy Act. The book includes topics such as the enforcement of monetary judgments with and without attachment, the enforcement of non-monetary judgments, and the enforcement of interim measures. All authors belong to the VISCHER Dispute Resolution team whose core competences include the enforcement of foreign judgments and arbitral awards, including attachment proceedings.

Sense and Non-sense of Guidelines Rules and Other Para-regulatory Texts...
  • Language: en

Sense and Non-sense of Guidelines Rules and Other Para-regulatory Texts...

  • Type: Book
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  • Published: 2012
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  • Publisher: Unknown

None

10 Years of Swiss Rules of International Arbitration - ASA Special Series No. 44
  • Language: en
  • Pages: 331

10 Years of Swiss Rules of International Arbitration - ASA Special Series No. 44

On the occasion of the 10th anniversary of the Swiss Rules of International Arbitration, the ASA decided to devote its annual conference in January 2014 to this topic. This volume of the ASA Special Series contains the written versions of all the presentations given during this conference. Most of the contributions were based on the verbatim protocol which was prepared on the conference day and thus retain their informal speaking style. In their 10 years of existence, the Swiss Rules have established themselves as modern arbitration rules, offering a user efficient and transparent arbitral proceedings. Probably the most distinguishing feature of the Swiss Rules with regard to the administrat...

Selected Papers on International Arbitration
  • Language: en
  • Pages: 190

Selected Papers on International Arbitration

  • Categories: Law

The SAA Series on International Arbitration contains the best graduation papers of all participants who successfully completed the post graduate studies in international arbitration of the SAA Swiss Arbitration Academy. The papers cover different aspects of international arbitration. The Swiss Arbitration Academy is a private institution founded and managed by the editors of this volume. Each year, the SAA offers and conducts an intensive and practical course in international arbitration. The training is designed for lawyers, in-house counsel, and other professionals interested in cutting edge international dispute resolution education. All participants who successfully complete the course, which includes the submission of the final paper, are awarded with the Certificate of Advanced Studies in Arbitration (CAS in Arbitration) and the Arbitration Practitioner title (ArbP).

Twilight Issues in International Arbitration
  • Language: en
  • Pages: 320

Twilight Issues in International Arbitration

  • Categories: Law

There are many issues of arbitral practice that remain largely unaddressed, or very poorly addressed, in the sources to which tribunals and counsel conventionally turn for procedural guidance: the arbitration agreement, the lex arbitri and rules of procedure. This book brings together the most frequently recurring of such “twilight” issues—so-called because all participants in the arbitral process, when facing them, find themselves “in the dark”—showing in each case where it is best for arbitrators, counsel, and parties to look for solutions offering logic, certainty and predictability. The issues ably covered by the author include, among others, the following: Is a non-signatory...

  • Language: en
  • Pages: 300

"Soft Law" in International Commercial Arbitration

  • Categories: Law
  • Type: Book
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  • Published: 2021-05-25
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  • Publisher: BRILL

This course follows the development of the so-called “soft law” from its origins in public international law to commercial arbitration, where it is used today as a label for various instruments and phenomena, covering both procedural aspects and the applicable substantive law: model laws, arbitration rules, guidelines, the UNIDROIT Principles, the lex mercatoria, and others. It presents three particularly well-known sets of guidelines by the International Bar Association and discusses the pros and cons of “soft law” instruments and their potential normativity. The analysis suggests that “soft law” instruments are typically less well recognised in practice than is generally assumed. The author explains what such instruments can achieve and what minimum requirements they have to fulfil to at least aspire to some legitimacy. He argues ultimately that “soft law” instruments can be very useful tools, but they do not carry any normativity.

RDA
  • Language: en
  • Pages: 409

RDA

In this important book El-Sherbini tackles key questions about how the new cataloging standard will be implemented by cataloging professionals, offering an orientation in the conceptual background and the structure of RDA: Resource Description and Access from a practical and technical perspective, including a detailed comparison with AACR2. Firmly rooted in the concrete application of RDA, with numerous sample records, this book Covers FRBR-driven tasks, FRBR-Group relationships, and principles of FRAD, including how FRAD impacts the RDA application Analyzes the roles of manifestations and items, such as pre-cataloging decisions, preferred sources of information, and mandatory elements of de...

Court Assistance in the Taking of Evidence in International Arbitration
  • Language: en
  • Pages: 346

Court Assistance in the Taking of Evidence in International Arbitration

  • Categories: Law

Although international arbitration is widely hailed as an efficient, confidential and flexible way of settling commercial disputes, it has its limits. The arbitral tribunal’s lack of coercive power is thrown into particularly stark relief when it comes to the taking of evidence from third parties outside the arbitral proceedings. If they do not comply voluntarily with the request of the arbitral tribunal to testify as a witness or disclose documents, assistance must be sought from state courts. As the success of a case hinges on the evidence that a party can obtain, it is crucial to understand how to obtain evidence through state courts. At the heart of this work is the question of the conditions under which state courts may offer assistance in international arbitral proceedings. With a special focus on Switzerland and comparative aspects, this book provides helpful tactical insights for arbitral practitioners around the world.

Good Faith in International Arbitration
  • Language: en
  • Pages: 288

Good Faith in International Arbitration

  • Categories: Law

Although considered a somewhat ‘hazy’ concept (particularly in common law), good faith may nevertheless be defined as a duty incumbent on a person negotiating or performing an agreement. Thus, it may be understood as obligatory on all parties in the conduct of arbitral proceedings. In this collection of expert chapters, notable jurists and legal academics from around the world fully investigate the multifaceted notion of good faith in international arbitration. All the following aspects of the matter are covered: detailed analysis of good faith in both common law and civil law traditions as reflected in doctrine, scholarship, and case law; good faith implications in treaty interpretation...