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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...
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...
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...
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...
A biography of poet Nazim Hikmet, this text examines his life and his work, asserting that his creative vision combined a dialectical view of society with passionate personal relationships, all reflected in experimental poetic forms. Stalin's daughter described him as a romantic communist.
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.
This book engages with new ways of thinking about boundaries of the early modern Hispanic past, looking at current scholarly techniques.
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...
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Translated into English for the first time, this is a fascinating history of intelligence practices and their impact on great power rivalries in the early modern era In the sixteenth century, an intense rivalry between the Ottoman Empire and the Spanish Habsburg Empire and its allies spurred the creation of early modern intelligence. Translated into English for the first time, Emrah Safa Gürkan's Spies for the Sultan reconstructs this history of Ottoman espionage, sabotage, and bribery practices in the Mediterranean world. Then as now, collecting political, naval, military, and economic information was essential to staying one step ahead of your rivals. Porous and shifting borders, the abil...