Mandatory Rules in International Arbitration

Author: George A. Bermann,Loukas A. Mistelis

Publisher: Juris Publishing, Inc.

ISBN: 9781933833668

Category: Law

Page: 339

View: 5231

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"...[papers] originally presented at a colloquium on Mandatory rules of law in international arbitration held at Columbia Law School in June 2007 and organized by Professor George A. Bermann of Columbia Law School and Professor Loukas A. Mistelis of the School of International Arbitration, Queen Mary University of London" -- P. vii.

Pervasive Problems in International Arbitration

Author: Loukas A. Mistelis,Julian D. M. Lew

Publisher: Kluwer Law International B.V.

ISBN: 9041124500

Category: Law

Page: 391

View: 2277

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"This important book will be of great interest to arbitration lawyers, international lawyers and business people, as well as to academics, libraries, and students of dispute resolution."--Publisher's website.

Soziologische Jurisprudenz

Festschrift für Gunther Teubner zum 65. Geburtstag am 30. April 2009

Author: Gralf-Peter Calliess,Andreas Fischer-Lescano,Dan Wielsch,Peer Zumbansen

Publisher: Walter de Gruyter

ISBN: 3899496353

Category: Law

Page: 947

View: 1953

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Die Festschrift "Soziologische Jurisprudenz" stellt sich sowohl im Inhalt als auch in der Form in die Tradition der Arbeiten von Gunther Teubner. Die Beiträge lassen sich auf seine Leitperspektive ein, indem sie die Grenzbeziehungen von Recht und Gesellschaft mit je eigenständigen Akzentuierungen reflektieren.

Conflict of Laws in International Arbitration

Author: Franco Ferrari,Stefan Kröll

Publisher: Walter de Gruyter

ISBN: 3866539290

Category: Law

Page: 479

View: 7019

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Irrespective of the increasing harmonization of law at the transnational level, every arbitration raises a number of confl ict of laws problems relating to procedural questions as well as to issues concerning the merits of the case. Unlike a state court judge, the arbitrator has no "lex fori" in the proper sense providing the relevant confl ict rules to determine the applicable law. This raises the question of what confl ict of laws rules to apply and, consequently, of the extent of the freedom the arbitrator enjoys in dealing with this and related issues. The best example of the importance of confl ict of laws questions in arbitration is the Vivendi-Elektrim saga where the outcome of the various proceedings depended on the question of characterization. This very beneficial book is dealing with - the arbitration agreement, - the jurisdiction of the arbitral tribunal, - the law applicable to the merits and - the arbitration procedure.

Force Majeure and Hardship Under General Contract Principles

Exemption for Non-performance in International Arbitration

Author: Christoph Brunner

Publisher: Kluwer Law International B.V.

ISBN: 9041127925

Category: Law

Page: 589

View: 3750

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Lawyers involved in international commercial transactions know well that unforeseen events affecting the performance of a party often arise. Not surprisingly, exemptions for non-performance are dealt with in a significant number of arbitral awards. This very useful book thoroughly analyzes contemporary approaches, particularly as manifested in case law, to the scope and content of the principles of exemption for non-performance which are commonly referred to as 'force majeure' and 'hardship.' The author shows that the 'general principles of law' approach addresses this concern most effectively. Generally accepted and understood by the business world at large, this approach encompasses principles of international commercial contracts derived from a variety of legal systems. It's most important 'restatements' are found in the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) and the UNIDROIT Principles of International Commercial Contracts (UPICC). Establishing specific standards and "case groups" for the exemptions under review, the analysis treats such recurring elements as the following: contractual risk allocations; unforeseeability of an impediment; impediments beyond the typical sphere of risk and control of the obligor; responsibility for third parties (subcontractors, suppliers); legal impediments (acts of public authority) and effect of mandatory rules; involvement of states or state enterprises; interpretation of force majeure and hardship clauses; hardship threshold test; frustration of purpose; irreconcilable differences; comparison with exemptions under domestic legal systems (impossibility of performance, frustration of contract, impracticability) The book is a major contribution to the development of the use of general principles of law in international commercial arbitration. It may be used as a comprehensive commentary on the force majeure and hardship provisions of the UPICC, as well as on Art. 79 of the CISG. In addition, as an insightful investigation into the fundamental question of the limits of the principle of sanctity of contracts, this book is sure to capture the attention of business lawyers and interested academics everywhere.

Comparative International Commercial Arbitration

Author: Julian D. M. Lew,Loukas A. Mistelis,Stefan Michael Kröll,Stefan Kröll

Publisher: Kluwer Law International B.V.

ISBN: 9041115684

Category: Law

Page: 953

View: 9601

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This treatise describes the practice of international commercial arbitration with reference to the major international treaties and instruments, arbitration rules and national laws. It provides an analysis of the interaction between party autonomy and arbitration practice.

A Guide to the UNCITRAL Arbitration Rules

Author: Clyde Croft,Christopher Kee,Jeff Waincymer

Publisher: Cambridge University Press

ISBN: 1107328101

Category: Law

Page: N.A

View: 6110

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The first version of the UNCITRAL Arbitration Rules was endorsed by the General Assembly of the United Nations in December 1976. Now considered one of UNCITRAL's greatest successes, the rules have had an extraordinary impact on international arbitration as both instruments in their own right and as guides for others. The Iran-US Claims Tribunal, for example, employs a barely modified version of the rules for all claims, and many multilateral and bilateral foreign investment treaties adopt the UNCITRAL Rules as an arbitral procedure. The Rules are so pervasive and the consequences of the new version potentially so significant that they cannot be ignored. This commentary on the Rules brings the official documents together in one volume and includes the insights and experiences of the Working Group that are not included in the official reports.

Corruption in International Trade and Commercial Arbitration

Author: Abdulhay Sayed

Publisher: Kluwer Law International B.V.

ISBN: 9041122362

Category: Law

Page: 482

View: 3956

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Descreve como a corrupção é julgada na arbitragem comercial internacional. Procura explicar porque não há uma uniformidade na política arbitral em relação à corrupção. Analisa casos relativos à corrupção e arbitragem. Examina a legislação sobre corrupção, assim como convenções internacionais relevantes.

Choice of forum and laws in international commercial arbitration

Author: Peter Edward Nygh

Publisher: Kluwer Law Intl

ISBN: N.A

Category: Law

Page: 33

View: 4874

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International commercial arbitration raises issues other than the choice of the law applicable To The principal contract. Autonomy may have a wider meaning, extending beyond the choice of applicable law To The choice of arbitration itself, and of the place or places where it is to be conducted. Nor is it altogether clear what the forum is, if any. This paper raises the fundamental question of what gives the arbitrator his or her competence--the will of the parties or the law of the seat of arbitration which the parties may, or may not, have chosen? The paper also suggests an answer To The questions of which choice of law rules, if any, should be applied by the arbitrators, To what extent arbitrators will apply mandatory rules (regrave;gles d'application immeacute;diate), As well as which law governs the procedural aspects and whether it has to be the procedural law of a national system. The new English Arbitration Act 1996 has also been taken into account.

Soft Law in International Arbitration

Author: Lawrence W. Newman,Michael J. Radine

Publisher: Juris Publishing, Inc.

ISBN: 1937518434

Category: Law

Page: 470

View: 510

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Présentation de l'éditeur : "In recent years, a growing body of provisions called "protocols," "guidelines," "checklists" or even "rules" has emerged in international arbitration. Unlike national or international law, or institutional arbitral rules, these provisions are not "mandatory" for arbitration participants. They range from provisions that can be incorporated into the parties' agreement to arbitrate to suggestions as to the best practices that arbitrators and other arbitration participants may choose to follow. These materials are often collectively referred to as "soft law." Soft Law in International Arbitration provides a guide to what the editors consider to be the most useful of such materials. The book organizes these materials into five categories, each introduced with commentary by a prominent member of the international arbitration community. Thus, the eighteen documents contained in this book can be regarded as helping to fill in the spaces that substantive law and arbitration rules have intentionally left blank. Soft Law in International Arbitration is an indispensable commentary for practitioners and academics alike."

Festschrift für Imre Zajtay

Author: Ronald Harry Graveson,Imre Zajtay

Publisher: Mohr Siebeck

ISBN: 9783166445779

Category: Law

Page: 594

View: 9461

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"Verzeichnis der Schriften Imre Zajtays": p. [581]-594.

Arbitration in Complex International Contracts

Author: Joachim Frick

Publisher: Kluwer Law International B.V.

ISBN: 9041116621

Category: Law

Page: 320

View: 7349

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The technical, economic, and social development of the last one hundred years has created a new type of long-term contract which one may call `Complex International Contract'. Typical examples include complex civil engineering and constructions contracts as well as joint venture, shareholders, project finance, franchising, cooperation and management agreements. The dispute resolution mechanism, which normally deals with such contracts, is commercial arbitration, which has been deeply affected in recent decades by attempts to improve its capabilities. Most importantly, there is the trend towards further denationalization of arbitration with respect to the applicable substantive law. In this regard, a new generation of conflict rules no longer imposes on the arbitrators a particular method to be applied for the purpose of determining the applicable rules of law. Moreover, arbitration more frequently took on the task of adapting Complex International Contracts to changed circumstances. Also, special rules have been developed for so-called multi-party arbitration and fast track arbitration facilitating efficient dispute resolution. The author describes these trends both from a practical as well as a theoretical perspective, evaluating not only the advantages, but also the risks involved with the new developments in arbitration. Relevant issues with respect to the drafting and renegotiation of such contracts are also discussed.

Autonomy in International Contracts

Author: Peter Edward Nygh

Publisher: Oxford University Press

ISBN: 9780198262701

Category: Law

Page: 282

View: 3632

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This book explores the source and extent of the right of parties to an international contract to make appropriate arrangements for the determination of their legal relationship, primarily by selecting the applicable law, but also by selecting the judicial or arbitral forum. The book focuseson the legal systems of the United States, the Commonwealth jurisdictions and the civil law countries of western and central Europe, taking as a starting point the provisions of the several Hague Conventions on the Choice of Law in Sales and other contracts, the Rome Convention of 1980 on the LawApplicable to International Contracts and the Mexico Convention of 1994 on the same topic, as well as modern legislation on conflicts of law. Nygh's aim is to discern a general consensus, where present, and to argue for a further development and extension of the principles of autonomy unhampered by historical notions of territoriality and sovereignty, which hitherto have sought to restrain it, with only such limitations as can bejustified for the protection of weaker parties or genuine state interests. This fascinating analysis, written from the author's unique perspective, will be welcomed by practitioners and scholars alike. This book is part of the Oxford Monographs in Private International Law series, the aim of which is to publish work of high quality and originality in a number of important areas of private international law. The series is intended for both scholarly and practitioner readers.

Arbitration Law of Czech Republic: Practice and Procedure

Author: Alexander J. Belohlávek

Publisher: Juris Publishing, Inc.

ISBN: 1937518183

Category: Law

Page: 2272

View: 2284

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A comprehensive review of the arbitration law and practice in the Czech Republic including: discussion of arbitration practice and procedure; an examination of the jurisdiction of the arbitral tribunal; the appointment of arbitrators including the challenge and replacement of arbitrators; an analysis of the various types of awards including a discussion on deliberations, agreements, settlements, and the costs of arbitration; a discussion on the amendment and challenge of awards including the liability of arbitrators; and, a review of the enforcement of domestic and foreign arbitration awards.