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Arbitrability
  • Language: en
  • Pages: 410

Arbitrability

  • Categories: Law

It often seems today that no dispute is barred from resolution by arbitration. Even the fundamental question of whether a dispute falls under the exclusive jurisdiction of a judicial body may itself be arbitrable. Arbitrability is thus an elusive concept; yet a systematic study of it, as this book shows, yields innumerable guidelines and insights that are of substantial value to arbitral practice. Although the book takes the form of a collection of essays, it is designed as a comprehensive commentary on practical issues that emerge from the idea of arbitrability. Fifteen leading academics and practitioners from Europe and the United States each explore different facets of arbitrability alway...

The Public Policy Exception in the Judicial Review of International Commercial Arbitral Awards
  • Language: en
  • Pages: 345

The Public Policy Exception in the Judicial Review of International Commercial Arbitral Awards

  • Categories: Law

This book systematically examines how the Chinese arbitration law system responds to the application of the public policy exception in the judicial review of international arbitral awards. The discussion is based on a general understanding of the legal concept of public policy in international arbitration practice and the understanding developed in Chinese arbitration law and judicial practice. In focusing on both international developments and Chinese arbitral and judicial practice, this book provides some lessons from and for China. The book is based on a review of both legislation and cases in China and a comparison with the international trends and consensuses, as well as a systematic as...

Third Parties in International Commercial Arbitration
  • Language: en

Third Parties in International Commercial Arbitration

  • Categories: Law
  • Type: Book
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  • Published: 2010-12-23
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  • Publisher: OUP Oxford

Third Parties in International Commercial Arbitration addresses the role and the interests of third parties in international arbitration. Through a clear overview and in-depth critical commentary, the book explores existing case law and its related academic literature as well as offering an insight into more practical concerns.

Dealing with Bribery and Corruption in International Commercial Arbitration
  • Language: en
  • Pages: 458

Dealing with Bribery and Corruption in International Commercial Arbitration

  • Categories: Law

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...

Practising Virtue
  • Language: en
  • Pages: 817

Practising Virtue

  • Categories: Law

International arbitration is one of the main mechanisms to settle cross-border disputes between states, private commercial actors, and private and public entities. Yet its theoretical penetration is incomplete. This book, by arbitrators, counsel, and scholars, provides fundamental theoretical insights into international arbitration.

Practitioner's Handbook on International Arbitration and Mediation - Third Edition
  • Language: en
  • Pages: 1198

Practitioner's Handbook on International Arbitration and Mediation - Third Edition

  • Categories: Law

The Practitioner's Handbook on International Arbitration and Mediation, 3rd Edition is a unique work with each chapter written by a well-known practitioner and expert in the field. It covers each step of the international arbitration and mediation process and offers separate chapters that summarize the laws of leading arbitral venues. This Handbook is intended to make the reader into a better practitioner or arbitrator/mediator. Moreover, each chapter has been written to provide practical advice and guidance. Unlike many works with multiple authors, this work is not simply a collection of essays on a general subject. This book is a unified work with cross references among the chapters and a ...

Double Recovery in Investment Arbitration
  • Language: en
  • Pages: 559

Double Recovery in Investment Arbitration

  • Categories: Law
  • Type: Book
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  • Published: 2023-09-14
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  • Publisher: BRILL

This book presents the first comprehensive analysis of the risk of double compensation, often called double recovery, in the investor-State dispute settlement (ISDS) system and proposes a practical solution to the problems which double compensation creates. The book responds to all the key questions that legal counsel, arbitrators, judges, and scholars facing the double compensation issue may have, including: What requirements must be met for the problem to arise? What have others said and done about the problem? What is the most effective way to tackle it? The proposed solution is based on currently available legal doctrines and practice and strikes a balance between investors’ and States’ interests.

International Arbitration and International Commercial Law
  • Language: en
  • Pages: 882

International Arbitration and International Commercial Law

  • Categories: Law

Over the last half-century, as UNCITRAL official, professor, arbitrator and father of the Willem C. Vis Arbitration Moot, Eric Bergsten has been at the forefront of progress in international commercial arbitration. Now, on the occasion of his eightieth birthday, the international arbitration and sales law community has gathered to honour him with this substantial collection of new essays on the many facets of the field to which he continues to bring his intellect, integrity, inquisitive nature, eye for detail, precision, and commitment to public service. Celebrating the long-standing and sustained contribution Eric Bergsten has made in international commercial law, international arbitration,...

Twilight Issues in International Arbitration
  • Language: en
  • Pages: 320

Twilight Issues in International Arbitration

  • Categories: Law

There are many issues of arbitral practice that remain largely unaddressed, or very poorly addressed, in the sources to which tribunals and counsel conventionally turn for procedural guidance: the arbitration agreement, the lex arbitri and rules of procedure. This book brings together the most frequently recurring of such “twilight” issues—so-called because all participants in the arbitral process, when facing them, find themselves “in the dark”—showing in each case where it is best for arbitrators, counsel, and parties to look for solutions offering logic, certainty and predictability. The issues ably covered by the author include, among others, the following: Is a non-signatory...

Class, Mass, and Collective Arbitration in National and International Law
  • Language: en
  • Pages: 429

Class, Mass, and Collective Arbitration in National and International Law

  • Categories: Law
  • Type: Book
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  • Published: 2013-10
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  • Publisher: Unknown

Class, Mass and Collective Arbitration in National and International Law is the first book to discuss various types of large-scale arbitration, where multiple individuals (ranging from several dozen to hundreds of thousands of persons) bring their claims at a single time, in a single arbitral proceeding.