The American Influence on International Commercial Arbitration: Doctrinal Developments and Discovery Methods, Pedro J. Martinez-Fraga

Автор: Anil Yilmaz Vastardis
Название: The Nationality of Corporate Investors under International Investment Law
ISBN: 150993359X ISBN-13(EAN): 9781509933594
Издательство: Bloomsbury Academic
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Цена: 100320.00 T
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Описание: This monograph offers a detailed and distinctive analysis of corporate nationality under international investment law, covering the ICSID Convention and the investment treaty framework. It takes the reader back to the basics threading through the concepts of jurisdiction, nationality, and corporate personality to give a clear context to the discussion of corporate nationality under international investment law, at a time when international investment is dominated by multinational business enterprises operating in a globalised economy. The book examines different understandings of corporate personality and nationality under a selection of major jurisdictions and public international law. It also offers an in-depth analysis of approaches found in ICSID arbitral awards and in investment treaty practice, distilling the problematic areas and discussing the impacts of the areas of concern. It evaluates the techniques developed to address problems and puts forward suggestions for effective and balanced solutions to the questions of corporate nationality and personal scope of investment protection.

Автор: Ilias Bantekas, Pietro Ortolani, Shahla Ali, Manuel A. Gomez, Michael Polkinghorne
Название: UNCITRAL Model Law on International Commercial Arbitration: A Commentary
ISBN: 110849823X ISBN-13(EAN): 9781108498234
Издательство: Cambridge Academ
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Цена: 256610.00 T
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Описание: 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.

Автор: Cordero-Moss
Название: International Commercial Contracts
ISBN: 1107684714 ISBN-13(EAN): 9781107684713
Издательство: Cambridge Academ
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Цена: 57010.00 T
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Описание: Any practising lawyer and student working with international commercial contracts faces standardised contracts and international arbitration as mechanisms for dispute settlement. Transnational rules may be applicable, but national law is still important. Based on extensive practical experience, this book analyses the applicable sources` impact on contracts and arbitration.

Автор: Moses
Название: The Principles and Practice of International Commercial Arbitration
ISBN: 1107008786 ISBN-13(EAN): 9781107008786
Издательство: Cambridge Academ
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Цена: 68630.00 T
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Описание: 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.

Автор: Georgios I. Zekos
Название: Developments on Courts Involvement in Arbitration: Volume 1 -- The Rule of Law
ISBN: 1536147303 ISBN-13(EAN): 9781536147308
Издательство: Nova Science
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Цена: 215410.00 T
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Описание: Arbitration is one form of alternative dispute resolution (ADR). It must be taken into account that ADR was envisioned as an alternative to litigation, with its own manifest of substantive and procedural characteristics. To that extent, arbitration enhances access to justice by permitting claimants to bring claims they could not afford to bring to court. International commercial arbitration is a legally binding dispute resolution process that substitutes for domestic courts. Arbitration began as an extrajudicial mechanism for resolving disputes. Arbitration took its rise in the very infancy of Society as a private and self-contained method, distinctive from litigation and not as a postscript to the development of public courts. Has this fact been shared by state legislation and modern arbitration practice or has arbitration been developed into an appendage of the courts? Merchants established arbitration tribunals because they felt that the courts were not sufficiently knowledgeable about commercial customs and were exceptionally slow and unwieldy. National arbitration, international commercial arbitration, and investor-state arbitration have developed on parallel but separate tracks, each reacting to different political, economic, and social settings. Although arbitration is a quasi-judicial proceeding, it is not conducted with the same degree of formality as a judicial proceeding within the United States which means that the spirit of arbitration is the parties freedom from the strict structure of ordinary judicial proceedings. Arbitration has to guarantee legal certainty, predictability, and settlement being costless. The emergence of many non-independent arbitral tribunals creates a Gordian knot by merely adding more work for courts in order to deal with so many requests for intervention in arbitrations. The current perplexing between arbitration and courts causes only confusion, profit chances for many people and less quick and cheap justice. In addition, arbitration is judicialized dependent more and more from court rulings; this causes it to lose its advantages and become more and more costly. Because of this, its validity is questionable and it might be more productive to establish more courts to employ more judges rather than struggling with arbitration as it currently functions. Taking into account that private parties are performing an escalating number of tasks that were once accomplished by the government, privatization has become so prevalent and involves delegation of state authority to private parties. This can be seen as a legal basis for the independence of arbitration under National Authority Management Arbitration (NAMA).

Автор: Georgios I. Zekos
Название: Developments on Courts Involvement in Arbitration: Volume 2 -- Courts and Law
ISBN: 1536148318 ISBN-13(EAN): 9781536148312
Издательство: Nova Science
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Цена: 215410.00 T
Наличие на складе: Невозможна поставка.
Описание: Arbitration is one form of alternative dispute resolution (ADR). It must be taken into account that ADR was envisioned as an alternative to litigation, with its own manifest of substantive and procedural characteristics. To that extent, arbitration enhances access to justice by permitting claimants to bring claims they could not afford to bring to court. International commercial arbitration is a legally binding dispute resolution process that substitutes for domestic courts. Arbitration began as an extrajudicial mechanism for resolving disputes. Arbitration took its rise in the very infancy of Society as a private and self-contained method, distinctive from litigation and not as a postscript to the development of public courts. Has this fact been shared by state legislation and modern arbitration practice or has arbitration been developed into an appendage of the courts? Merchants established arbitration tribunals because they felt that the courts were not sufficiently knowledgeable about commercial customs and were exceptionally slow and unwieldy. National arbitration, international commercial arbitration, and investor-state arbitration have developed on parallel but separate tracks, each reacting to different political, economic, and social settings. Although arbitration is a quasi-judicial proceeding, it is not conducted with the same degree of formality as a judicial proceeding within the United States which means that the spirit of arbitration is the parties freedom from the strict structure of ordinary judicial proceedings. Arbitration has to guarantee legal certainty, predictability, and settlement being costless. The emergence of many non-independent arbitral tribunals creates a Gordian knot by merely adding more work for courts in order to deal with so many requests for intervention in arbitrations. The current perplexing between arbitration and courts causes only confusion, profit chances for many people and less quick and cheap justice. In addition, arbitration is judicialized dependent more and more from court rulings; this causes it to lose its advantages and become more and more costly. Because of this, its validity is questionable and it might be more productive to establish more courts to employ more judges rather than struggling with arbitration as it currently functions. Taking into account that private parties are performing an escalating number of tasks that were once accomplished by the government, privatization has become so prevalent and involves delegation of state authority to private parties. This can be seen as a legal basis for the independence of arbitration under National Authority Management Arbitration (NAMA).

Автор: Carlos Esplugues; Louis Marquis
Название: New Developments in Civil and Commercial Mediation
ISBN: 3319181343 ISBN-13(EAN): 9783319181349
Издательство: Springer
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Цена: 186330.00 T
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Описание: By means of the analysis of more than 20 national jurisdictions of different legal and geographical origin this book provides a general understanding of the developments that civil and commercial mediation is currently undertaking across the world.

Автор: Tibor Varady, John J. Barcelo III, Stefan Kroll, Arthur T. von Mehren
Название: International Commercial Arbitration - A Transnational Perspective
ISBN: 1640207104 ISBN-13(EAN): 9781640207103
Издательство: Mare Nostrum (Eurospan)
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Цена: 262410.00 T
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Описание: Authored by three leading arbitration experts coming from different legal backgrounds who have taught worldwide, this volume covers international conventions, court decisions, arbitral awards, statutes, and arbitration rules from all over the world.

Автор: World Trade Organization
Название: Dispute Settlement Reports 2012
ISBN: 1107051282 ISBN-13(EAN): 9781107051287
Издательство: Cambridge Academ
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Цена: 190080.00 T
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Описание: These are the WTO authorized and paginated reports in English. An essential addition to the library of all practising and academic trade lawyers and needed by students worldwide studying international economic or trade law. The form of citation for this volume recommended by the WTO is DSR 2012: VI.

Автор: World Trade Organization
Название: Dispute Settlement Reports 2012
ISBN: 1107051509 ISBN-13(EAN): 9781107051508
Издательство: Cambridge Academ
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Цена: 190080.00 T
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Описание: These are the WTO authorized and paginated reports in English. An essential addition to the library of all practising and academic trade lawyers and needed by students worldwide studying international economic or trade law. The form of citation for this volume recommended by the WTO is DSR 2012: XI.

Автор: Bhatti, Maria
Название: Islamic law and international commercial arbitration
ISBN: 1138604259 ISBN-13(EAN): 9781138604254
Издательство: Taylor&Francis
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Цена: 163330.00 T
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Описание: This book examines the intersection between contemporary International Commercial Arbitration and Shari`a law in order to determine possible tensions that may arise between the two systems.

Автор: World Trade Organization
Название: Dispute Settlement Reports 2012
ISBN: 1107051363 ISBN-13(EAN): 9781107051362
Издательство: Cambridge Academ
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Цена: 190080.00 T
Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: These are the WTO authorized and paginated reports in English. An essential addition to the library of all practising and academic trade lawyers and needed by students worldwide studying international economic or trade law. The form of citation for this volume recommended by the WTO is DSR 2012: VII.