International Commercial Arbitration Treatises
The Idea of Arbitration by
What is arbitration? This volume provides a novel theoretical examination of the concept of arbitration, attempting to answer fundamental questions which have rarely been addressed systematically in English. It explores the place of arbitration in the legal process, offering a challenging, yet accessible overview of the field and its theoretical underpinnings and contending that arbitration is important enough to be understood in its own terms, as a suigeneris feature of social life. Why do individuals, companies, and States choose to go to arbitration rather than through litigation? Arbitration can offer increased flexibility and confidentiality, andprovides the parties with the opportunity to select the arbitrators. But what makes them want to confide in an arbitrator rather than use the more traditional legal mechanisms for settling disputes? This volume explores what the parties can expect of an arbitrator, and whether and how the conduct of an arbitrator might be questioned and under what authority. It examines the ethical challenges to arbitral authority and its moral hazards, evaluating the promises and dangers of self-containedsystems of decision-making and compliance.
Call Number: KZ6115 .P38 2013ISBN: 9780199564163Publication Date: 2014-01-21
Redfern and Hunter on International Arbitration by
This leading commentary on international commercial arbitration, now in its sixth edition, is an essential guide for arbitrators and lawyers worldwide. Based on the authors' extensive experience as counsel and arbitrators, it provides an updated explanation of all elements of the law andpractice of arbitration. This pack includes the hardback and an ebook version. This text provides an authoritative guide to the international arbitral process, from the drafting of the arbitration agreement to the enforcement of arbitral awards. The sixth edition has been updated to incorporate reference to the latest significant developments in the field such as the new LCIA,ICC and UNCITRAL Rules and new IBA Guidelines. There will also be an increased reference to international arbitral authority and practice from beyond Europe (China, India, and the US). Following the chronology of an arbitration, the book covers applicable laws, arbitration agreements, the establishment and powers of a tribunal, the conduct of proceedings and the role of domestic courts. In addition, it provides an in-depth examination of the award itself, and comments on thespecial considerations applying to arbitrations brought under investment treaties. It draws on examples of the rules and practice of arbitration at the International Chamber of Commerce, the London Court of International Arbitration, the American Arbitration Association, the International Centre forSettlement of Investment Disputes and the United Nations Commission on International Trade Law. For help with accessing the digital option of your pack please contact (for eBooks): lawebooks@oup.com and for the LawReader app: lawreader@oup.com
Call Number: K2400 .R43 2015ISBN: 9780198744870Publication Date: 2015-11-15
The Work on UNCITRAL on Arbitration by
The UNCITRAL Model Law on Arbitration is one of the cornerstones of dispute resolution theory and practice. Its effect in particular on the entire field of international business transactions is incalculable. Accordingly, the more a practitioner knows about its use, scope, and interpretation, the better. And no single work provides more direct and succinct insights into the body of UNCITRAL rules and notes surrounding the Model Law than this important work¿now in its Second Edition¿by the acknowledged ¿father of international commercial arbitration,¿ Pieter Sanders. Central to this new edition is a focus on the ongoing revision of the Model Law on Arbitration, including reports on what has been achieved so far and detailed discussion of ten topics for revisions to be addressed in the future. Dr. Sanders¿ in-depth discussion also encompasses the following: article-by-article commentary on UNCITRAL¿s Arbitration Rules; discussion of the IBA Rules on Taking Evidence; article-by-article commentary on the Model Law on Arbitration, including additions made by individual states; article-by-article reference to selected court decisions; the UNCITRAL notes on organising arbitral proceedings; and commentary on the Model Law on Conciliation of 2002 compared with the Conciliation Rules of UNCITRAL. Throughout the book Prof. Dr. Sanders¿ long and varied experience as a pioneering practitioner in these fields is referred to. Like the First Edition, this is a book that will be of inestimable value to corporate counsel, international lawyers, business people, academics and students in this important field of dispute resolution.
Call Number: K2400 .S2394 2004ISBN: 9041122494Publication Date: 2004-03-01
Comparative International Commercial Arbitration by
International arbitration is the preferred method for the settlement of international business disputes. As a private, autonomous and international dispute resolution mechanism arbitration has become independent from national laws in practice. This new and comprehensive treatise addresses all significant issues pertaining to international arbitration. The perspective is international and comparative and reference is made to all major international treaties and instruments, arbitration rules and national laws. The authors trace the realities of international arbitration practice, i.e. what parties and arbitrators do, how arbitration is conducted, and the principles pertaining to the arbitration agreement, the formation, role and functions of the arbitration tribunal, and the importance and effect of the arbitration award. These are illustrated by published awards, international instruments and arbitration rules, and national court decisions recognising and giving effect to these autonomous international arbitration practices. At every stage of the arbitration process there remains a conceptual legal conflict between the inherent international and autonomous character of arbitration and the national laws of the parties, the place of arbitration, and the place where the award is to be enforced. These issues are reviewed with particular reference to national constitutional and regulatory systems, the effect of mandatory laws of connected states, and European and international law including international human rights instruments. The book describes participation in international arbitration of states and state entities, and the interaction between commercial and investment arbitrations. No two international arbitrations are the same. This book analyses the various structures, practical arrangements, procedures and legal implications for arbitrations wherever the arbitration takes place. It also provides a guide for lawyers involved in the international arbitration process whatever the nationality of the parties and the composition of the tribunal. The book is an indispensable tool for practising and academic lawyers concerned with international trade law, international litigation and commercial arbitration. It is also an essential guide for those seeking to understand a particular issue in international arbitration
Call Number: K2400 .L489 2003ISBN: 9789041115683Publication Date: 2003-05-16
Foreign Investment Disputes by
This indispensable handbook is the first legal resource to gather together the most important cases and commentary on the increasingly significant subject of foreign investment disputes. It fills the need for a compilation of the
Call Number: K3830 .B57 2005ISBN: 9789041123114Publication Date: 2005-07-08
International Commercial Arbitration by
The second edition of Gary Born's International Commercial Arbitration is an authoritative 4,408 page treatise, in three volumes, providing the most comprehensive commentary and analysis, on all aspects of the international commercial arbitration process, that is available. The first edition of International Commercial Arbitration is widely acknowledged as the preeminent commentary in the field. It was awarded the 2011 Certificate of Merit by the American Society of International Law and was voted the International Dispute Resolution Book of the Year by the Oil, Gas, Mining and Infrastructure Dispute Management list serve in 2010. The first edition has been extensively cited in national court decisions and arbitral awards around the world. The treatise comprehensively examines the law and practice of contemporary international commercial arbitration, thoroughly explicating all relevant international conventions, national arbitration statutes and institutional arbitration rules. It focuses on both international instruments (particularly the New York Convention) and national law provisions in all leading jurisdictions (including the UNCITRAL Model Law on International Commercial Arbitration). Practitioners, academics, clients, institutions and other users of international commercial arbitration will find clear and authoritative guidance in this work. The second edition of International Commercial Arbitration has been extensively revised, expanded and updated, to include all material legislative, judicial and arbitral authorities in the field of international arbitration prior to January 2014. It also includes expanded treatment of annulment, recognition of awards, counsel ethics, arbitrator independence and impartiality and applicable law. Overview of volumes: Volume I, covering International Arbitration Agreements,provides a comprehensive discussion of international commercial arbitration agreements. It includes chapters dealing with the legal framework for enforcing international arbitration agreements; the separability presumption; choice of law; formation and validity; nonarbitrability; competence-competence and the allocation of jurisdictional competence; the effects of arbitration agreements; interpretation and non-signatory issues. Volume II, covering International Arbitration Procedures, provides a detailed discussion of international arbitral procedures. It includes chapters dealing with the legal framework for international arbitral proceedings; the selection, challenge and replacement of arbitrators; the rights and duties of international arbitrators; selection of the arbitral seat; arbitration procedures; disclosure and discovery; provisional measures; consolidation, joinder and intervention; choice of substantive law; confidentiality; and legal representation and standards of professional conduct. Volume III, dealing with International Arbitral Awards, provides a detailed discussion of the issues arising from international arbitration awards. It includes chapters covering the form and contents of awards; the correction, interpretation and supplementation of awards; the annulment and confirmation of awards; the recognition and enforcement of arbitral awards; and issues of preclusion, lis pendens and staredecisis.
Call Number: K2400 .B675 2014ISBN: 9041152199Publication Date: 2014-04-22
International Arbitration and Forum Selection Agreements by
International Arbitration and Forum Selection Agreements: Drafting and Enforcing is a concise, practical primer on the fundamentals of drafting and enforcing international arbitration agreements and other dispute resolution clauses. Key Features Include: Discussion of practical reasons for international arbitration and forum selection clauses Uncomplicated and concise guidance on drafting international arbitration and forum selection clauses Do's and don't's for drafting Model international arbitration and forum selection clauses that permit efficient and effective dispute resolution: more than 50 different model provisions Ad hoc versus institutional arbitration clauses Overview leading arbitral institutions (including ICC, SIAC, ICDR/AAA, LCIA, HKIAC, PCA, ICSID, WIPO, VIAC, DIS, NAI and CRCICA) Overview of advantages and disadvantages of leading arbitral seats Multi-tier dispute resolution provisions Optional provisions for international arbitration and forum selection clauses (including arbitrator selection, arbitral procedure, costs of arbitration, provisional measures, waiver of annulment and currency of award) Discussion of pathological arbitration clauses and commonly-encountered defects And covers: Updated extensively to address developments through June 2016 Key reference materials in easy-to-use appendices
Call Number: K2400 .B67 2016ISBN: 9789041183880Publication Date: 2016-10-26
International Arbitration by Call Number: K2400 .B6725 2016ISBN: 9789041166371Publication Date: 2015-12-17
A Common Law of International Adjudication by
The proliferation of international courts and tribunals has given rise to several new issues affecting the administration of international justice. This book makes a significant contribution to understanding the impact of this proliferation by addressing one important question: namely, whether international courts and tribunals are increasingly adopting common approaches to issues of procedure and remedies. This book's central argument is that there is an increasing commonality in the practice of international courts to the application of rules concerning these issues, and that this represents the emergence of a common law of international adjudication. The book examines this question by considering several key issues relating to procedure and remedies, and analyzes relevant international jurisprudence to demonstrate that there is substantial commonality. It goes on to look at why international courts are increasingly adopting common approaches to such questions, and why a greater degree of commonality may be found with respect to some issues rather than others. In doing so, light is shed on the methods adopted by international courts to engage in the cross-fertilization of legal principles. The emergence of a common law of international adjudication has important practical and theoretical implications, as it suggests that international courts can also devise common approaches to the challenges that they face in the age of proliferation. It also suggests that international courts do not generally operate as self-contained regimes, but rather that they regard themselves as forming part of a community of international courts, therefore having positive implications for the development of the international legal system.
Call Number: KZ6250 .B76 2007ISBN: 0199206503Publication Date: 2007-10-25
Ethics in International Arbitration by
Ethics in International Arbitration systematically analyses the causes and effects of these developments as they relate to the professional conduct of arbitrators, counsel, experts, and third-party funders in international commercial and investment arbitration. This work proposes a model for effective ethical self-regulation, meaning regulation of professional conduct at an international level and within existing arbitral procedures and structures. Thework draws on historical developments and current trends to propose analytical frameworks for addressing existing problems and reifying the legitimacy of international arbitration into the future.
Call Number: KZ6115 .R64 2014ISBN: 9780198713203Publication Date: 2014-11-25
A Guide to the ICC Rules of Arbitration by
The ICC Rules of Arbitration constitute one of the world's oldest and most widely used sets of rules for the resolution of international commercial disputes. In 1998, shortly after the entry into force of the current version of the Rules, the First Edition of this book appeared and quickly became an indispensable resource for all those involved or interested in ICC arbitrations, including arbitrators, counsel, and parties. In this updated and revised edition, the authors two of the world's leading experts on ICC arbitration have revised the Guide in order to take stock not only of the evolution in ICC practice over the last seven years, but of new arbitral and judicial decisions bearing on the interpretation and application of the Rules and of developments in international arbitration practice generally. The Guide's notable features include:article-by-article commentary on the ICC Rules, enriched by the authors¿ personal involvement in their drafting and years of experience as arbitrators, counsel, and former Secretaries General of the ICC International Court of Arbitration;ample and greatly expanded references, in respect of the Rules¿ individual provisions, to relevant national court judgments and arbitral awards, together with extensive bibliographical sources; andup-to-date statistics on ICC arbitration and copies of all ICC rules on dispute resolution mechanisms in addition to arbitration.A truly comprehensive reference work on ICC arbitration practice, the Second Edition of the Guide will be of immeasurable value to corporate counsel, international lawyers, and business people, as well as to all those interested in the international arbitration process.
Call Number: K2400 .D42 2005ISBN: 9041122680Publication Date: 2005-11-01
International Commercial Arbitration in a Nutshell and International Investment Arbitration in a Nutshell available in West Academic.
Understanding Transnational Commercial Arbitration by
"This book is different. It is addressed specifically to law students and young practitioners. The authors provide the reader with an easy-to-read introduction to the law and practice of transnational commercial arbitration. Their contributions contain no or only few footnotes. They are written in an easily comprehensible style. The Glossary of Arbitration Terms at the end of the book adds to the readibility of the book. With this approach, the authors, most of them with a substantial practical background, convey their valuable practical know-how to the younger generation. The book can be used as a teaching tool at law schools as well as for in-house training courses of international law firms."
Call Number: K2400 .U53 2000ISBN: 9783934587113Publication Date: 2000
The Principles and Practice of International Commercial Arbitration by
This book provides the reader with immediate access to understanding the world of international arbitration. Arbitration has become the dispute resolution method of choice in international transactions. This book explains how and why arbitration works. It provides the legal and regulatory framework for international arbitration, as well as practical strategies to follow and pitfalls to avoid. It is short and readable, but comprehensive in its coverage of the basic requirements, including the most recent changes in arbitration laws, rules and guidelines. The second edition includes updates on rules and guidelines, such as the arbitration rules of the ICC, the SCC, the ACICA and UNCITRAL, as well as the 2010 IBA Rules on Taking of Evidence in International Arbitration. The author includes insights from numerous international arbitrators and counsel, who tell firsthand about their own experiences of arbitration and their views of best practices.
Call Number: K2400 .M65 2012ISBN: 9781107401334Publication Date: 2012-03-26
The Law and Practice of Arbitration - 2nd Edition by
2005 edition available online.
To the new student of international law, the subject can appear extremely complex: a system of laws created by states, international courts and tribunals operating at the national and global level. A clear guide to the subject is essential to ensure understanding. This handbook provides exactly that: written by an expert who both teaches and practises in the field, it focuses on what the law is; how it is created; and how it is applied to solve day-to-day problems. It offers a uniquely practical approach to the subject, giving it relevance and immediacy. The new edition retains a concise, user-friendly format allowing central principles such as jurisdiction and the law of treaties to be understood. In addition, it explores more specialised topics such as human rights, terrorism and the environment. This handbook is the ideal introduction for students new to international law.
Call Number: KF9085 .C37 2007ISBN: 1933833025Publication Date: 2007-03-01
The Freshfields Guide to Arbitration Clauses in International Contracts by
With this newly updated edition of the Freshfields Guide to Arbitration Clauses in International Contracts - still in the concise, attractive format that made the original so popular - lawyers and business people will confidently negotiate contracts that ensure a speedy, clear-cut resolution of any dispute likely to arise. Taking into account the many significant developments in the law and practice of international arbitration that have occurred over the years since the previous editions, it offers: ; clear, uncomplicated contract-drafting advice, derived from the authors' wide-ranging practical experience; model clauses that ensure the effectiveness of dispute resolution provisions - and avoid pitfalls, and important reference materials.
ISBN: 9789041134004Publication Date: 2010-12-08
The Art and Advocacy in International Arbitration by Call Number: K2400 .A975 2010Publication Date: 2010
Mediation in International Commercial and Investment Disputes by ISBN: 9780198827955Publication Date: 2019-09-29
International Commercial Arbitration: different forms and their features by
Arbitration clauses in international commercial contracts are often reused from existing contracts. By so doing, the parties choose to apply, for example, either ad hoc or institutional arbitration and the UNCITRAL, ICC, LCIA, SCC, Swiss or other arbitration rules without necessarily being aware of the consequences. Moreover, parties often assume that an arbitration clause has the effect of excluding any kind of interference from a court of law and of rendering any but the chosen law redundant. This book highlights the specific features of various forms of arbitration and enables lawyers to make informed choices when drafting arbitration clauses. Chapters explain the framework for arbitration, its relationship with national law, and the features of the main arbitration institutions in Europe. The book also highlights new trends in other parts of the world that may have repercussions on the theory of international arbitration.
Call Number: K2400 .I59233 2013ISBN: 9781107033481Publication Date: 2013-03-14
Parry and Grant Encyclopaedic Dictionary of International Law by
For nearly thirty-five years, the international legal community has relied on one ambitious yet humble volume as a starting point for legal questions. This classic red volume is a one-of-a-kind reference tool that brings together both terminology and pertinent descriptive information on international law. This book will also be available online as an e-reference on the Oxford University Press Digital Reference Shelf. Now in its third edition, The Parry and Grant Encyclopaedic Dictionary of International Law is completely updated and expanded to include increased coverage in growing areas of international law including diplomatic law, criminal law, human rights, and more. Over 2,500 entries (over a 20% increase in content from the previous edition) provides the reader with copious references for further research including cases, treaties, journal articles, and websites. Its alphabetically arranged entries allow the reader to form a deeper understanding than a mere definition could supply and offer concise but substantial information on such essentials of international law as: Legal terms as used in international law Significant doctrines Prominent cases, decisions and arbitration Important incidents Judicial and literary figures Treaties and conventions Organizations and institutions Acronyms
Call Number: E-ResourceISBN: 9780195389777Publication Date: 2009-10-02
The Max Planck Encyclopedia of Public International Law by
Written by over 800 of the world's leading authorities and edited at the premier research institution for international law, this new edition of the definitive reference work on international law contains over 1,619 articles covering the full breadth of the subject. Articles address the history and theory of international law; all sub-fields such as international criminal law, environmental law, and economic law; leading cases; and significant treaties, organizations, armed conflicts, and geographical issues. Each article contains cross-references to related articles, and includes a carefully selected bibliography of the most important writings and primary materials as a guide to further reading. The Encyclopedia can be used by a wide range of readers. Experienced scholars and practitioners will find a wealth of information on areas that they do not already know well as well as in-depth treatments on every aspect of their specialist topics. At the same time articles can be set as readings for students on taught courses. Every article has been thoroughly peer reviewed and all references have been checked over by the editorial staff giving readers total confidence in the quality and accuracy of the content. The Encyclopedia will be a primary resource for all students and scholars of international law; counsel, judges and arbitrators involved in international law cases; and government legal advisers. Also Available For Purchase An accompanying Index volume for The Max Planck Encyclopedia of Public International Law is now available separately for purchase. The Index completes the definitive reference work on international law by providing comprehensive lists of all articles and authors contained within the ten volumes. The Index also includes: full citations for every document referenced in each article; full tables of cases and legislation; and a detailed, analytical, A-Z index for the ten volumes.
Call Number: E-ResourceISBN: 9780199291687Publication Date: 2012-04-07
Research and Practice in International Commercial Arbitration by
This book provides both experienced and inexperienced practitioners, as well as advanced students, with a guide to the strategies associated with researching international commercial arbitration as well as the sources associated with that field of law. Up until very recently, the field of international commercial arbitration was populated solely by specialists who knew the sources and strategies for researching relevant authorities. However, as the practice and business of law has become more international and more diversified, generalists have begun to enter the field while the number of specialized sources associated with international commercial arbitration has grown exponentially. The book combines instructional text with a bibliography of sources to teach readers where to find relevant material. The instructional chapters discuss the most important methods by which one conducts research in international arbitration, while the bibliography provides guidance on where to find that material. Furthermore, the book will offer tips on how to present a case to an international tribunal, which is quite different than presenting a case to a national court. In effect, the book walks the reader through the steps associated with researching and presenting issues in international commercial arbitration.For example, the book covers:Where to find reported international arbitral awards (as opposed to judicial decisions)Where to find specialist treatises and journal articles on international arbitrationHow to use the various sources and evaluate the weight of competing authorityHow to present one's findings to an international arbitral panelHow to consider the special issues that relate to international arbitration
Call Number: K2400 .S66 2009ISBN: 0199238308Publication Date: 2009-04-15
International Handbook on Commercial Arbitration by
For many years the importance of international commercial arbitration has grown steadily. This is indicated by the increasing number of disputes submitted to arbitration, by the importance of the average case as measured by the amount of money in dispute, and by the range of countries involved. International contracts may give rise to differences, and arbitration is frequently resorted to for their solution. Since arbitration laws and practices differ from country to country and often undergo changes, the business world and practitioners need up-to-date information. The International Handbook on Commercial Arbitration provides such information in the form of National Reports. Annexed are the Arbitration Act of the country concerned and all other relevant legal provisions. The International Handbook on Commercial Arbitration assists arbitrators, company lawyers, businesspeople, and legal advisers in assessing the national Arbitration Acts of all important trading countries. The work covers virtually all countries involved in international business and, consequently, in international commercial arbitration. Each National Report is written by a local leading arbitration expert from the country concerned and contains comprehensive information on the arbitration law and practice of that country. Future supplements containing new National Reports along with basic legal texts in English, updates of National Reports previously published, and amended law texts follow regularly.
ISBN: 9065449671Publication Date: 1996-03-01
Handbook of ICC Arbitration: Commentary, Precedents, Materials by
The Handbook of ICC Arbitration provides expert analysis of the whole process of using and adhering to the ICC Arbitration Rules. It examines close up the diverse issues that can occur during an arbitration and hosts essential information related to arbitration on an international level with reference to published and unpublished awards and procedural orders, as well as to many decisions of national courts.
A detailed rule-by-rule analysis of the 2012 ICC Rules, prepared based on experience as arbitrators, counsel and as ICC Court members
Reviews the first two years’ practice under the 2012 Rules
Provides practical guidance with respect to conduct of proceedings with reference to procedure adopted in many recent ICC arbitrations, the IBA Rules on the Taking of Evidence in International Arbitration (2010), the IBA Rules on the Conflict of Interest in International Arbitration and the IBA Guidelines on Party Representation in International Arbitration
Discusses the recent case law in major centres of arbitration, including Dallah in the UK and in France, SNF in France, Yukos Oil, C v D, Sulamérica in the UK, Oxford Health Plans and COMMISA in the USA
Discusses the new French Law on Arbitration
Reviews basic concepts in ICC arbitration such as:
- how the ICC Court functions in its Plenary and Court Sessions
the law applicable to and scope of the arbitration agreement
- arbitrability in particular under US law
- the differing approaches to nonsignatories under various national laws
- annulment of Awards and enforcement of annulled awards
- the role of the ICC as an arbitration institution
- the role and liability of arbitrators
Provides examples of documents used in ICC Arbitration
Includes a copy of the relevant laws from France, Switzerland, England, the United States as well as the UNCITRAL Model Law and the New York Convention
Provides in one volume what is needed to conduct an ICC arbitration wherever it may be held
Call Number: WestlawISBN: 9780414044630Publication Date: Current through latest print update.
