Описание: This book is an essential resource for practising lawyers and academics active in the field of international investment and commercial arbitration. It analyses relevant case law involving alleged criminal conduct such as bribery, fraud, or money laundering within international arbitration and addresses the most pressing issues regarding applicable criminal law and evidence.
Описание: The Selection and Removal of Arbitrators in Investor-State Dispute Settlement explores and assesses two essential features in investor-state dispute resolution (ISDS): the selection and the removal of arbitrators. Both topics have received increasing scrutiny and criticism, that have in turn generated calls for reforms In its first part, the author, Chiara Giorgetti, explains the selection of arbitrators procedurally and comparatively under the most-often used arbitration rules. The work then reviews critically the necessary and desirable qualities arbitrators need for selection and appointment, and addresses some important and related policy issues, such diversity and repeat appointments. It also includes an assessment of the calls to review the methodologies used to appoint arbitrators, and specifically the proposal by the European Commission to create a permanent tribunal to resolve international investment disputes, the UNCITRAL Working Groups III Reform Process and the rules amendment proposal undertaken by the Secretariat of the International Center for Settlement of Investment Disputes (ICSID Secretariat). In its second part, the book addresses removing and challenging arbitrators and reviews first the applicable provisions, under a variety of arbitration rules, to remove arbitrators who fail to possess the necessary qualities to sit in arbitral proceedings, and then evaluates the reasons for challenge and some important cases that addressed challenges. The monograph assesses appointments and removals in a multifaceted and comprehensive way, and includes a critical assessment of the reasons and calls for reform of the ISDS system.
Автор: St John, Taylor Название: The Rise of Investor-State Arbitration ISBN: 0198789912 ISBN-13(EAN): 9780198789918 Издательство: Oxford Academ Рейтинг: Цена: 13781.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book offers the first social-scientific account of investor-state arbitration, and examines the intellectual, political, and economic forces behind its rise.
Автор: Robles, Alfredo C., Название: The South China Sea arbitration : ISBN: 1845199626 ISBN-13(EAN): 9781845199623 Издательство: Gazelle Book Services Рейтинг: Цена: 11798.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The South China Sea Arbitration, which marks the first time that the Philippines and China have been parties to a compulsory dispute settlement procedure, is a landmark legal case. The Tribunal tackled head-on critical issues in the interpretation and application of the UN Convention on the Law of the Sea that other international courts have failed to address, particularly the compatibility of historic rights with the Convention, the identification of maritime features as permanently submerged or above water at high-tide, and the distinction between features that are fully entitled to maritime zones and those that are not. In addition, the Tribunal also had to decide on issues as diverse as near-collisions at sea, illegal fishing of giant clams and sea turtles, and the destruction of fragile coral reefs resulting from island-building. The Tribunals task was rendered arduous by Chinas refusal to appear before it. In these circumstances, understanding the Tribunals decisions is a challenging undertaking. Chinas public relations campaign targeting the proceedings raised issues that the layperson could readily grasp, notably African states support for its non-appearance, the integrity of the judges, and the validity of arbitral awards. Understanding the Awards and Debating with China aims to facilitate understanding of the South China Sea Arbitration by presenting detailed summaries of the two Arbitral Awards. The author rebuts the questionable claims raised by Chinas public relations campaign and highlights Chinas covert actions during the proceedings.
Автор: Lim, C. L. (the Chinese University Of Hong Kong) Ho, Jean (national University Of Singapore) Paparinskis, Martins (university College London) Название: International investment law and arbitration ISBN: 1108823203 ISBN-13(EAN): 9781108823203 Издательство: Cambridge Academ Рейтинг: Цена: 8078.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: A fully revised new edition which brings together awards and other key materials with up-to-date commentary explaining the past, current and potential developments in arbitral jurisprudence and current reform debates. Includes a new chapter critical to understanding calls for arbitration reform, and over 60 additional awards and judicial decisions.
Автор: Kidane, Won, Название: The culture of international arbitration / ISBN: 019997392X ISBN-13(EAN): 9780199973927 Издательство: Oxford Academ Рейтинг: Цена: 17424.00 р. Наличие на складе: Поставка под заказ.
Описание: Although international arbitration has emerged as a credible means of resolution of transnational disputes involving parties from diverse cultures, the effects of culture on the accuracy, efficiency, fairness, and legitimacy of international arbitration is a surprisingly neglected topic within the existing literature. The Culture of International Arbitration fills that gap by providing an in-depth study of the role of culture in modern day arbitral proceedings. It contains a detailed analysis of how cultural miscommunication affects the accuracy, efficiency, fairness, and legitimacy in both commercial and investment arbitration when the arbitrators and the parties, their counsel and witnesses come from diverse legal traditions and cultures. The book provides a comprehensive definition of culture, and methodically documents and examines the epistemology of determining facts in various legal traditions and how the mixing of traditions influences the outcome. By so doing, the book demonstrates the acute need for increasing cultural diversity among arbitrators and counsel while securing appropriate levels of cultural competence. To provide an accurate picture, Kidane conducted interviews with leading international jurists from diverse legal traditions with first-hand experience of the complicating effects of culture in legal proceedings. Given the insights and information on the rules and expectations of the various legal traditions and their convergence in modern day international arbitration practice, this book challenges assumptions and can offer a unique and useful perspective to all practitioners, academics, policy makers, students of international arbitration.
Автор: Gusy, Martin F. Hosking, James Martin Schwarz, Franz T. Название: Guide to the icdr international arbitration rules ISBN: 0198729022 ISBN-13(EAN): 9780198729020 Издательство: Oxford Academ Рейтинг: Цена: 29700.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This is a comprehensively updated rule-by-rule commentary on the genesis, interpretation, and application of the ICDR Rules. It provides arbitrators, practitioners, and academics a first port of call when considering ICDR arbitration, and provide a comprehensive commentary on these important rules.
Описание: This book explores the rise of private arbitration in religious and other values-oriented communities, and it argues that secular societies should use secular legal frameworks to facilitate, enforce, and also regulate religious arbitration. It covers the history of religious arbitration; the kinds of faith-based dispute resolution models currently in use; how the law should perceive them; and what the role of religious arbitration in the United States should be. Part One examines why religious individuals and communities are increasingly turning to private faith-based dispute resolution to arbitrate their litigious disputes. It focuses on why religious communities feel disenfranchised from secular law, and particularly secular family law. Part Two looks at why American law is so comfortable with faith-based arbitration, given its penchant for enabling parties to order their relationships and resolve their disputes using norms and values that are often different from and sometimes opposed to secular standards. Part Three weighs the proper procedural, jurisdictional, and contractual limits of arbitration generally, and of religious arbitration particularly. It identifies andThis book explores the rise of private arbitration in religious and other values-oriented communities, and it argues that secular societies should use secular legal frameworks to facilitate, enforce, and also regulate religious arbitration. It covers the history of religious arbitration; the kinds of faith-based dispute resolution models currently in use; how the law should perceive them; and what the role of religious arbitration in the United States and the western world should be. Part One examines why religious individuals and communities are increasingly turning to private faith-based dispute resolution to arbitrate their litigious disputes. It focuses on why religious communities feel disenfranchised from secular law, and particularly secular family law. Part Two looks at why American law is so comfortable with faith-based arbitration, given its penchant for enabling parties to order their relationships and resolve their disputes using norms and values that are often different from and sometimes opposed to secular standards. Part Three weighs the proper procedural, jurisdictional, and contractual limits of arbitration generally, and of religious arbitration particularly. It identifies and explains the reasonable limitations on religious arbitration. Part Four examines whether secular societies should facilitate effective, legally enforceable religious dispute resolution, and it argues that religious arbitration is not only good for the religious community itself, but that having many different avenues for faith-based arbitration which are properly limited is good for any vibrant pluralistic democracy inhabited by diverse faith groups.
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