Kategoria BISAC: Law >> Arbitration, Negotiation, Mediation

This text provides a concise overview of arbitration and offers guidance on the most important legal and practical questions which face the practitioner involved in an arbitration. The book includes: -

• the applicability of the laws of individual countries; international conventions and bilateral treaties and their relevance to the arbitral process;
• the arbitration agreement and how an enforceable agreement can be created and enforced, with reference to both institutional arbitration, such as governed by AAA, ICC and LCIA and ad-hoc arbitration;
• and the...

International Arbitration introduces students to the primary concepts necessary for an understanding of arbitration, making use of illustrative case examples and references to legal practice throughout.

This text offers a comprehensive overview of the subject for those new to arbitration, covering both commercial and non-commercial topics and focusing on the fundamental principles of arbitral practice. Making use of a unique two-part structure in each chapter, International Arbitration provides a clear and simple statement of rules, followed by detailed discussion...

International Arbitration introduces students to the primary concepts necessary for an understanding of arbitration, making use of illustrative case examples and references to legal practice throughout.

This text offers a comprehensive overview of the subject for those new to arbitration, covering both commercial and non-commercial topics and focusing on the fundamental principles of arbitral practice. Making use of a unique two-part structure in each chapter, International Arbitration provides a clear and simple statement of rules, followed by detailed discussion...

Detailed attention to compliance with labour and employment laws is crucial for success in setting up business in a foreign country. This book and#8211; one of a series derived from Kluwerand#8217;s matchless publication International Labour and Employment Compliance Handbook and#8211; focuses on the relevant laws and regulations in Canada. It is thoroughly practical in orientation. Employers and their counsel can be assured that it fulfills the need for accurate and detailed knowledge of laws in Canada on all aspects of employment, from recruiting to termination, working conditions,...

ICC Dossiers Volume 4

It is often said that an arbitral award is worth only as much as the ability to secure its enforceability. To the extent the vast majority of prayers for relief in arbitration are for money damages, an arbitral award granting damages is worth only as much as the ability to obtain payment, voluntary or compulsory, for such damages.

Evaluation of Damages in International Arbitration, this Dossier IV, the newest Dossier prepared by the ICC Institute of World Business Law, provides a comprehensive overview of the difficulties encountered...

ICC Dossiers Volume 7

One third of ICC international arbitrations involve complex multiparty and#8211; multi-contract issues.

Given the increasing number and complexity of commercial transactions, more and more international arbitrations involve disputes arising from, or connected with, more than one contract and more than two parties. Such disputes involve many complex issues relating in particular to jurisdiction and merits: May an arbitration clause be extended to non-signatory party or parties? To what extent can one bring to a single arbitration proceeding...

ICC Dossiers Volume 8

and#8220;An arbitration is only as good as the arbitratorand#8221;. This frequently used maxim acts as an invitation to use arbitration but also as a scarecrow warning users off arbitration.

Disputing parties are of course free to choose their arbitration tribunal, which allows them to begin an arbitration with a certain tranquillity. Once the arbitration has begun, should the parties become concerned if the arbitratorsand#8217; qualities do not meet their expectations? Unlike court judgments, arbitral awards are not subject to ordinary...

ICC Dossiers Volume 9

Arbitration is a consensual justice. The actors of international trade expect it, among other advantages, to allow adapting the procedure to the characteristics of each case taking into account the partiesand#8217; mutual expectations and their cultural origins.

Based on consent, a successful arbitration supposes a harmonious cooperation between parties, arbitrators, and other actors of the proceedings, including arbitral institutions. Numerous factors however can negatively affect the arbitration procedure. Excessive aggressiveness of the...

ICC Dossiers Volume 10

The last decade has seen an exponential growth in both international commercial arbitration and international investment arbitration. Nevertheless, arbitration proceedings can prove to be very costly, and their funding raises the delicate question of the accessibility of arbitration.

The solution offered by third-party funding has undoubtedly become a fact of life in the world of arbitration, despite reservations in some quarters. Although continental countries continue to regard it with suspicion, Anglo-Saxon countries have embraced this...

ICC Dossiers Volume 11

The Application of Substantive Law by International Arbitrators examines issues which may arise when international arbitrators apply the rules of a national legal system.

During arbitral proceedings, parties expect arbitrators to apply the law they have chosen. Unlike a state judge or domestic arbitrator applying his own law however, international arbitrators must gather the necessary information about the contents of the applicable law. Furthermore, they are frequently faced with complex questions such as:

...

ICC Dossiers Volume 12

The choice of jurisdiction is one of the most important provisions of a contract. The jurisdiction clause determines the national Court, and its rules of conflict, or the arbitral tribunal, whose role will be to give effect to the partiesand#8217; agreement on the substance and on the applicable law. Written by arbitrators, academics and practitioners, this dossier addresses the multiple challenges facing the jurisdiction clause through an expert in-depth comparison of syndromes and proposed solutions in both arbitration and court proceedings.

ICC Dossiers Volume 13

Corruption is one of the most difficult issues facing international arbitrators today. This publication addresses the issue of corruption in arbitration in a systematic way. It balances theoretical and practical considerations, takes into account the different perspectives of the parties, counsel and arbitral tribunal, distinguishing between commercial and investment arbitration.

The topics covered include the impact of corruption on and#8220;gateway issuesand#8221; of arbitrability, jurisdiction, admissibility, procedure and the...