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Dealing with Bribery and Corruption in International Commercial Arbitration
International Arbitration Law Library, Volume 65 International commercial arbitration is by no means free from bribery and corruption. Although a plethora of legal scholarship clearly affirms this contention, a thorough study on the particularly important question of the authority and duty of international commercial arbitrators to investigate a suspicion or indication of bribery or corruption sua sponte ¬– that is, on their own initiative – has been surprisingly lacking. This important book fills this gap, inter alia, by locating sua sponte authority in the position of arbitral tribunals in establishing the facts of a case and ascertaining and applying the applicable normative standard...
Court Assistance in the Taking of Evidence in International Arbitration
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.
Goliath Versus Everyone
A blow to the head ends the life of the lawyer at the height of her career. Misdiagnosis: whiplash. Brain and back injuries remain untreated, and she jumps from the brink of death several times. Because the insurance didn't pay out, the mother of four's family was torn apart. Nine years later, she finds her way back to life through an operation. She retrains as a coach and shows how women can get from hell to heaven. She wins her case against the insurance company in the Federal Court, but has still not received any benefits. The lawyer realizes that she is not an isolated case; women in particular are subject to hidden discrimination due to incorrect biomechanical calculations. But a solution is found.
Early Massillon and Lost Kendal
Before Massillon, there was Kendal, Ohio. The story of these communities is a tapestry of local, national, and international history. Referencing new archival discoveries in the Massillon Museum, Spring Hill Historic Home, and Massillon Public Library collections, this book tells stories of early Kendal and Massillon, shedding light on the Ohio frontier and its pioneers from 1812 to 1860. Kendal was founded in 1812 by Thomas and Charity Rotch, prominent Quakers from powerful New England whaling families. Kendal became an Owenite utopian socialistic community between 1826 and 1829, visited by Robert Owen himself. In 1826, James Duncan founded Massillon, bordering the Tuscarawas River, the boundary between the United States and Indian Territory. Massillon attracted inventors such as photographic pioneer Abel Fletcher, who invented the paper negative in his South Erie Street studio. Both Kendal and Massillon were hubs for Underground Railroad activities.
Stockholm Arbitration Yearbook 2023
Each year, Stockholm is the arbitration seat of choice for numerous parties endeavouring to resolve international disputes. It is the second most used venue for investment disputes, and it is often the venue for disputes arising from the Energy Charter Treaty. This annual publication, launched under the auspices of the Stockholm Centre for Commercial Law, is designed to meet the information needs of arbitration practitioners and parties from all over the world. The present edition’s topics include: arbitration and EU sanctions against Russia; the ins and outs of arbitrator selection; the divide between lawful and unlawful expropriation in investment arbitration; tactical misuse of GDPR in arbitration; court-assisted preservation of evidence; and the distinction between jurisdiction and admissibility. The Yearbook provides both perspective and detailed analyses that will be welcomed by arbitration practitioners, counsel and judges deciding arbitration cases. It will also provide valuable insights for arbitration academics, in-house counsel at multinational companies and arbitral institutions worldwide.
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...
Post Award Issues: ASA Special Series No. 38
The arbitral tribunal's responsibilities and tasks often do not end when it has rendered it's award. Tribunals may be called to interpret their awards or correct clerical errors, the award may be sent back to them for amendments; arbitrators may have to comment on their awards or may be called as witnesses; they may be invited to continue even though all pending disputes have been decided; their fees may be challenged or they may have to claim tax reimbursements. These and other issues that arbitrators, parties and institutions have to face once the award has been rendered are examined by leading authorities.
Yearbook of Private International Law
From 2005 on the Yearbook of Private International Law is published by S.ELP in cooperation with the Swiss Institute of Comparative Law. This English-language annual publication provides analysis and information on private international law developments world-wide. The Editors commission articles of enduring importance concerning the most significant trends in the field. The Yearbook also devotes attention to the important work and research carried out in the context of the Hague Conference, The Hague Academy, UNCITRAL and UNIDROIT. The authority of the editors and the lasting nature of the works included make the Yearbook an integral addition to the libraries of international law scholars and practitioners.
2003
With articles by Symeon Symeonides, Ronald A. Brand, Andrea Bonomi, national reports from Korea, Bulgaria and Slovenia and news from The Hague and Brussels as well as texts, materials and recent developments.
Early Modern European Diplomacy
New Diplomatic History has turned into one of the most dynamic and innovative areas of research – especially with regard to early modern history. It has shown that diplomacy was not as homogenous as previously thought. On the contrary, it was shaped by a multitude of actors, practices and places. The handbook aims to characterise these different manifestations of diplomacy and to contextualise them within ongoing scientific debates. It brings together scholars from different disciplines and historiographical traditions. The handbook deliberately focuses on European diplomacy – although non-European areas are taken into account for future research – in order to limit the framework and ensure precise definitions of diplomacy and its manifestations. This must be the prerequisite for potential future global historical perspectives including both the non-European and the European world.
