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International Environmental Law and International Human Rights Law in Investment Treaty Arbitration
Policies aimed at the expansion of transnational capital are sometimes implemented at the expense of growing social inequality and popular frustration in host countries. This timely and deeply researched volume identifies – and offers new insights into – the growing use of and reliance upon international environmental and human rights law in the arbitration of investor–State disputes. It presents a comprehensive and pragmatic approach to the most effective way to connect international investment law to the protection of human rights and the environment. Based on an analysis of 30 arbitral awards, this book demonstrates how recent investment treaty arbitration – and in particular resp...
Handbook of Evidence in International Commercial Arbitration
In arbitration, evidence provides the basis for almost every decision, be it procedural, jurisdictional, or substantive. However, users from different legal traditions may not share the same understanding as to how an arbitral tribunal ought to proceed in this regard. Therefore, it is important for lawyers to know how to collect, develop, and present evidence in arbitration proceedings, not only from a legal perspective but also from a cultural point of view. It is against this backdrop that the editors have invited a diverse group of distinguished arbitration practitioners and academics to contribute to this matchless Handbook of Evidence in International Commercial Arbitration. Key concept...
Taming the Guerrilla in International Commercial Arbitration
The book explores the definition and nature of guerrilla tactics in international commercial arbitration. It analyses various such tactics deployed (pre-Covid and during Covid times) and portrays them in a way that enables one to visualise how, and possibly why, they might be deployed. Attempts to codify ethical standards and rules regulating the behaviour of legal representatives in international arbitration are examined. The book covers a range of culture clashes, addresses several elephants in the room, and looks at factors inherent in the arbitral process that create opportunities and increase temptations to misbehave. It considers the remedies and sanctions available in international ar...
International Commercial Arbitration
The second edition of Gary Born's International Commercial Arbitration is an authoritative 4,408 page treatise, in three volumes, providing the most comprehensive commentary and analysis, on all aspects of the international commercial arbitration process, that is available. The first edition of International Commercial Arbitration is widely acknowledged as the preeminent commentary in the field. It was awarded the 2011 Certificate of Merit by the American Society of International Law and was voted the International Dispute Resolution Book of the Year by the Oil, Gas, Mining and Infrastructure Dispute Management list serve in 2010. The first edition has been extensively cited in national cour...
Revista Internacional de Arbitragem e Conciliação - Vol. XIX - 2023
ÍNDICE Apresentação / António Pedro Pinto Monteiro DOUTRINA – ARBITRAGEM NO SETOR DA CONSTRUÇÃO Existirá em Portugal uma (efetiva) justiça administrativa alternativa? / Fernanda Paula Oliveira / Carla Machado Dispute Boards nos contratos de construção / Ricardo Saraiva Conflito entre cláusulas de arbitragem e de eleição de foro em contratos de construção: necessidade de segurança jurídica / Gustavo Scheffer da Silveira Atrasos concorrentes: uma primeira leitura / Joana Brandão / Diogo Duarte de Campos / Francisca Mendonça Neves Analysing the construction adjudication regime in Hong Kong and its impact on construction arbitration / Andrew Skudder / Fan Yang DOUTRINA – O...
Uluc Reis
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Corruption in International Arbitration
Corruption's involvement in arbitration is far from novel, but, there remains a lack of uniformity among arbitral tribunals on how to tackle corruption.This study delves into these controversial concerns and analyses practical solutions within the context of theory and practice.
Uluç reis
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Citizenship and Identity in Turkey
Is Turkish nationalism simply a product of Kemalist propaganda from the early Turkish Republic or an inevitable consequence of a firm and developing 'Turkish' identity? How do the politics of nationalism and identity limit Turkey's progression towards a fuller, more institutionalised democracy? Turkish citizenship is a vital aspect of today's Republic, and yet it has long been defined only through legal framework, neglecting its civil, political, and social implications. Here, Basak Ince seeks to rectify this, examining the identity facets of citizenship, and how this relates to nationalism, democracy and political participation in the modern Turkish republic. By tracing the development of the citizenship from the initial founding of the Republic to the immediate post-World War II period, and from the military interventions of the 1960s, 1970s and 1980s to the present day, she offers in-depth analysis of the interaction of state and society in modern Turkey, which holds wider implications for the study of the Middle East.
