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This book provides a comprehensive commentary on the UNCITRAL Model Law on International Arbitration. Combining both theory and practice, it is written by leading academics and practitioners from Europe, Asia and the Americas to ensure the book has a balanced international coverage. The book not only provides an article-by-article critical analysis, but also incorporates information on the reality of legal practice in UNCITRAL jurisdictions, ensuring it is more than a recitation of case law and variations in legal text. This is not a handbook for practitioners needing a supportive citation, but rather a guide for practitioners, legislators and academics to the reasons the Model Law was structured as it was, and the reasons variations have been adopted.
Understanding International Arbitration introduces students to the primary concepts necessary for an understanding of arbitration, making use of illustrative case examples and references to legal practice throughout. This text offers a comprehensive overview of the subject for those new to arbitration. Making use of a unique two-part structure in each chapter, Understanding International Arbitration provides a clear and simple statement of rules, followed by detailed discussion of the ideas underlying those rules, illustrated with relevant comparative law and case examples. Designed with students of arbitration in mind, this text provides both a clear introduction to the subject and a comprehensive course text that will support students in their preparation for exams and practical assessments.
The book presents international commercial courts from a comparative perspective and highlights their role in transnational adjudication.
With increasing digitalization and the evolution of artificial intelligence, the legal profession is on the verge of being transformed by technology (legal tech). This handbook examines these developments and the changing legal landscape by providing perspectives from multiple interested parties, including practitioners, academics, and legal tech companies from different legal systems. Scrutinizing the real implications posed by legal tech, the book advocates for an unbiased, cautious approach for the engagement of technology in legal practice. It also carefully addresses the core question of how to balance fears of industry takeover by technology with the potential for using legal tech to expand services and create value for clients. Together, the chapters develop a framework for analyzing the costs and benefits of new technologies before they are implemented in legal practice. This interdisciplinary collection features contributions from lawyers, social scientists, institutional officials, technologists, and current developers of e-law platforms and services.
This book brings a new perspective to the subject of international investment law, by tracing the origins of foreign investor rights. It shows how a group of business leaders, bankers, and lawyers in the mid-twentieth century paved the way for our current system of foreign investment relations, and the investor-state dispute settlement mechanism.
The open access publication of this book has been published with the support of the Swiss National Science Foundation. Blockchain is the first global mechanism for the transfer and storage of value. Despite being conceived as an alternative to state and law, the technology and its use cases raise many legal questions, most notably, regarding jurisdiction and applicable law with respect to transactions and assets recorded on the blockchain. The issue is complex given the decentralised nature of the network. In this volume, academics and practitioners from various countries try to provide detailed answers to these questions as they relate to crypto-assets, cryptocurrencies, crypto derivatives,...
Investigates the legitimacy of 'unseen actors' (e.g. registries, experts) through an enquiry into international courts' and tribunals' composition and practice.
This book fills the normative gap arising from the absence of a multilateral mechanism for sovereign debt restructuring.
This book brings together articles from leading experts in the field of international dispute resolution. The main focus is on the situation in Asia, though the European perspective also plays an important part. Accordingly, the focus on the Asian dispute resolution market with a distinctly American and European “touch” is one of the book’s most unique features. The dispute resolution market is rapidly transforming, and dispute resolution law is changing with it –especially in Asia. This book highlights recent advances and outlines future trends in this area. Emphasis is especially placed on International Commercial Arbitration Law on the one hand; and on International Investment Arb...
The Oxford Handbook of International Arbitration, A team of leading experts from across academia and practice provide an authoritative account of international arbitration, Discussion ranges from the practicalities of how arbitration technically works, to big picture analysis of the forces that underpin it, Incorporates insights from a range of disciplines beyond law, including history, sociology, literature, and economics Book jacket.