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There has been an explosion in the use of arbitration as an alternative to litigation as a means of solving disputes. This book is written in response to this need for practical, up to date and problem-solving information.
Presents a collection of essays.
In 2004, Sweden's Arbitration Act of 1999 was five years old. Inspired by UNCITRAL's Model Law while perpetuating features of the 1929 Act, it introduced many new concepts, such as establishing rules to determine the law applicable to the agreement to arbitrate, authorizing the arbitrators to decide the existence of facts and to fill gaps in contracts, making competition law issues arbitrable, affording the respondent the right to have the dispute resolved if the claimant withdraws its claim, authorizing truncated tribunals where an arbitrator obstructs the work of the tribunal. The new Act further gives arbitrators power to decide interim measures of protection and accepts that foreign part...
The Chamber of Arbitration of Milan Rules: A Commentary is a Guide to the 2010 revision of the Arbitration Rules of the Arbitration Chamber of Milan (CAM). The Guide consists of article-by-article commentary on the Rules, made by prominent scholars and arbitrators, both Italians and non Italians. CAM started its activities in the administration of domestic and international arbitrations more than 20 years ago. It has a case load of about 150 new cases per year. Additional information on CAM can be found on its website www.camera-arbitrale.it.
"Towards a New Ethnohistory" engages respectfully in cross-cultural dialogue and interdisciplinary methods to co-create with Indigenous people a new, decolonized ethnohistory. This new ethnohistory reflects Indigenous ways of knowing and is a direct response to critiques of scholars who have for too long foisted their own research agendas onto Indigenous communities. Community-engaged scholarship invites members of the Indigenous community themselves to identify the research questions, host the researchers while they conduct the research, and participate meaningfully in the analysis of the researchers’ findings. The historical research topics chosen by the Stó:lō community leaders and kn...
Sourcebook on the English Legal System is a key collection of primary legal sources,Committee and Commission reports, explanatory documents and articles. A variety of critical articles and commentaries complement and expand upon these materials. Since the first edition of this book in 1996, the English legal system has undergone major and comprehensive changes. As a result of these profound changes, this second edition has been thoroughly updated to include presentation and analysis of three landmark pieces of legislation: the Access to Justice Act 1999, the Civil Procedure Rules 1998 and the Human Rights Act 1998. Other changes abound: the Auld Committee has undertaken a root and branch rev...
As simple as the arbitrability question might appear (namely, what types of issues may and may not be submitted to arbitration), for a legal system to set a clear and consistent approach to arbitration, it must consider many complicated factors that relate to public policy and economic priorities as well as international relations. This comprehensive, precise, and practical book identifies and analyzes the fundamentals of, and major approaches to, arbitrability in the current international context. The authors focus on nine major arbitration jurisdictions—the United States, Canada, France, England and Wales, Switzerland, Germany, China (Mainland), Hong Kong, and Singapore—with meticulous...