[PDF Download] Towards A Uniform International Arbitration Law

Towards a Uniform International Arbitration Law  PDF
Author: Emmanuel Gaillard
Publisher: Juris Publishing, Inc.
ISBN: 1929446675
Size: 72.82 MB
Format: PDF, Docs
Category : Law
Languages : un
Pages : 350
View: 5846
Status: Available

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The growing acceptance of the concept of transnational rules, be they substantive or procedural, has directly contributed to a substantial decrease of the influence of local norms. Transnational principles often override domestic law, and the arbitral process sometimes takes precedence over court decisions. Moreover, the exceptional development of investment arbitration has called into question traditional values of commercial arbitration such as confidentiality and the privity of arbitral proceedings. Widespread publication of awards rendered has also rejuvenated the debate on the value of arbitral awards as precedents. This book critically explores the extent to which these phenomena contribute to the creation of a truly uniform international arbitration law.

[PDF Download] Towards A Uniform Approach To Confidentiality Of International Commercial Arbitration

Towards a Uniform Approach to Confidentiality of International Commercial Arbitration PDF
Author: Elza Reymond-Eniaeva
Publisher: Springer
ISBN: 303019003X
Size: 65.37 MB
Format: PDF, Docs
Category : Law
Languages : un
Pages : 240
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The book deals with confidentiality as one of the most controversial issues in international commercial arbitration. On the one hand, it is widely recognized that confidentiality is an important advantage of arbitration which contributes to its attractiveness. On the other hand, there is no uniform regulation in national legislations, arbitration rules, and other relevant sources as to the scope or even to the existence of a duty of confidentiality. A uniform approach to confidentiality of international commercial arbitration is possible. The best way to achieve it would be through harmonization of national arbitration laws which should impose a confidentiality obligation subject to certain exceptions. The purpose of maintaining confidentiality would be to protect primarily the parties from undesirable leaks that can be avoided and to protect arbitration as an institution. As to a systematic publication of arbitral awards without identifying the parties’ identity, it is desirable and should be the goal.

[PDF Download] The Interpretation And Uniformity Of The Uncitral Model Law On International Commercial Arbitration

The Interpretation and Uniformity of the UNCITRAL Model Law on International Commercial Arbitration PDF
Author: Dean Lewis
Publisher: Kluwer Law International B.V.
ISBN: 9041167021
Size: 61.25 MB
Format: PDF, Kindle
Category : Law
Languages : en
Pages : 314
View: 3497
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Numerous jurisdictions worldwide have augmented their ratification of the New York Convention of 1958 with the UNCITRAL Model Law 1985 (UML), which takes a giant step forward toward global uniformity in legal application and understanding of the arbitration process. This book develops a standard or benchmark for the UML objective of uniformity, using the relevant legislation and case law of Hong Kong, Singapore, and Australia to consider whether a uniform approach to implementation of the UML and its interpretation is being achieved across those jurisdictions. The author’s methodological tools are eminently adaptable to other jurisdictions. Given the importance of the ability to set aside an arbitral award, the body of case law on setting aside and the directly related area of enforcement, the emphasis throughout is on Article 34. In addition, the study considers: - the meaning of uniformity in law and in the context of the UML; - the correct approach to interpretation of the UML pre and post Article 2A; - the interpretational relationship between the UML and the Convention on Contracts for the International Sale of Goods (CISG); - the relationship between the UML and the New York Convention; - the degree of textual uniformity of Article 34 with the three jurisdictions focused on; and - the degree of applied uniformity of Article 34 both in terms of juristic methodology and similarity of results. The author, with more than thirty years of practice in the field of commercial arbitration in Hong Kong, has had access to voluminous cases spanning decades and brings his specialist expertise to the subject. This book considers whether the UML has succeeded in its aim of achieving uniformity. It serves as a guide, both academic and practical, to exploring and adopting the correct approach to the interpretation of the UML as well as to the method of classification of court decisions under the UML. This study is of immeasurable academic and practical value.

[PDF Download] Towards A New Arbitration Act For Alberta

Towards a New Arbitration Act for Alberta PDF
Author: University of Alberta. Institute of Law Research and Reform
Publisher:
ISBN:
Size: 36.33 MB
Format: PDF, ePub
Category : Arbitration and award
Languages : en
Pages : 199
View: 4986
Status: Available

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[PDF Download] Commentary On The Unidroit Principles Of International Commercial Contracts Picc

Commentary on the UNIDROIT Principles of International Commercial Contracts  PICC  PDF
Author: Stefan Vogenauer
Publisher: Oxford University Press, USA
ISBN:
Size: 21.85 MB
Format: PDF, ePub, Docs
Category : Law
Languages : en
Pages : 1319
View: 6462
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This volume on the UNIDROIT principles of international commercial contracts provides quick access to all case law and legal literature for specific problems, paired with in-depth scholarly analysis.

[PDF Download] The New York Arbitration Convention Of 1958

The New York Arbitration Convention of 1958 PDF
Author: A. J. van den Berg
Publisher: Kluwer Law International
ISBN: 9789065440358
Size: 29.64 MB
Format: PDF
Category : Law
Languages : un
Pages : 466
View: 6741
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The New York Arbitration Convention of 1958 is the cornerstone of international commercial arbitration. Although judicial interpretation of the Convention has proceeded since the publication of Albert Jan van den Berg's classic commentary, his extraordinarily thorough analysis remains the preeminent work on the application and enforcement aspects of the Convention. Setting out to repair what van den Berg calls "an undesirable degree of uncertainty" in judicial interpretation of the Convention, his analysis takes a comparative approach to relevant court decisions in the contracting states. For each of three main subject areas - the field of application, enforcement of the agreement, and enforcement of the award - he examines the various issues, explaining the relevant Convention provisions and analyzing and comparing the relevant court decisions. For issues on which a consensus is lacking, he offers an analysis leading to a single valid interpretation. Many of these interpretations have become virtually settled in current practice. In addition to case law, the author takes into account the legislative history of the 1958 Conference and the provisions of earlier arbitration conventions. This is a true classic in the sense that its immediate usefulness has never flagged over the nearly three decades of its availability. Arbitrators and judges everywhere have leaned on it, and continue to lean on it, for the depth and clarity of its understanding of the law of international commercial arbitration. While it is a standard academic work in the field, its proven great practical value to jurists and practitioners persists.

[PDF Download] The Uncitral Model Law On International Commercial Arbitration

The UNCITRAL Model Law on International Commercial Arbitration PDF
Author: Association for International Arbitration
Publisher: Maklu Uitgevers N.V.
ISBN:
Size: 36.82 MB
Format: PDF
Category : Law
Languages : en
Pages : 168
View: 5408
Status: Available

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The UNCITRAL Model Law on International Commercial Arbitration was adopted in 1985 and amended in 2006. More than 65 countries have since revised their laws on international commercial arbitration by reference to the Model Law. The goal of the Model Law - coupled with the New York Convention of 1958 on the recognition and the enforcement of foreign arbitral awards - was to contribute to the establishment of a unified legal framework for the fair and efficient settlement of disputes arising in international commercial relations. This book - by the Association for International Arbitration (AIA) - measures the degree of unification which the Model Law has achieved and its contribution to the development of legal thinking on international arbitration during the past 25 years.

[PDF Download] International Economic Arbitration

International Economic Arbitration PDF
Author: Klaus Berger
Publisher: Springer
ISBN:
Size: 62.26 MB
Format: PDF, ePub, Docs
Category : Business & Economics
Languages : en
Pages : 939
View: 6010
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This book provides the international practitioner with detailed information on the status quo of international arbitration law. The analysis of domestic arbitration laws together with a view of other major arbitration laws and arbitration rules, will lead you to a complete picture of comtemporary arbitral practice.

[PDF Download] Dispute Resolution Journal

Dispute Resolution Journal PDF
Author:
Publisher:
ISBN:
Size: 52.93 MB
Format: PDF, ePub, Docs
Category : Arbitration and award
Languages : en
Pages :
View: 7516
Status: Available

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