Arbitration in England

Author: Julian D. M. Lew
ISBN: 9789041139986
Format: PDF, Mobi
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England is a leading centre for arbitration, both international and domestic, arising out of all manner of contractual disputes and industry sectors. This book comprises contributions from well-known arbitration practitioners and scholars who present, in a straightforward and readable fashion, the rich and varied nature of arbitration in England today. The early chapters describe the development of the arbitral system in England and its traditional leading institutions, the London Court of International Arbitration (LCIA) and the Chartered Institute of Arbitrators (CIArb). They also provide a unique focus on the specialist areas of commodity, maritime, construction and sports arbitration. The remainder of the book deals with the law and practice of arbitration in England and concludes with two additional overview chapters relating to arbitration in Scotland and the Republic of Ireland respectively. Insightful and practical guidance is given in relation to a number of key areas, including: appointing and challenging arbitrators; applicable law and the influence of EU law; the role of the court, including anti-suit and anti-arbitration injunctions and interim relief; arbitration procedure and practice in ad hoc and institutional arbitrations; factual and expert evidence, including privilege and electronic document production; challenges to, and appeals from, awards; recognition and enforcement of awards; and multilateral and bilateral investment treaty arbitration. Anyone whose pursuits or responsibilities require knowledge of arbitration in England - including practitioners, in-house counsel, business persons, academics, and students around the world - will benefit enormously from this thorough study and analysis of contemporary arbitration practice in the jurisdiction.

The Modern Civil Process

Author: Neil Andrews
Publisher: Mohr Siebeck
ISBN: 9783161495328
Format: PDF, ePub, Mobi
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Neil Andrews presents the first comprehensive examination of the English system of civil justice, embracing not only court proceedings but mediation and arbitration. He provides an up-to-date account of recent changes within the English system of civil justice writing in a succinct and accessible style.He explains the main institutions of civil litigation before the English courts, but notes the limitations and problems of court litigation, despite reforms to this formal and public system of adjudication. Many business and consumer disputes are now resolved by settlement negotiations, notably by resort to mediation. There has also been a resurgence of interest in arbitration.Neil Andrews' quest for more satisfactory means of handling disputes is driven by various factors: the high cost of formal litigation; disputants' preference for confidentiality, control, speediness, and flexibility of outcome and Government's interest in economy. Furthermore, he states that English courts are keen to encourage resort to alternative forms of civil justice, notably mediation. Legal advisors, not just in England, are now familiar with the possibility that a dispute might proceed through various 'tiers': settlement discussions, mediated discussion, arbitration or court proceedings. These developments are part of a modern trend in many Western legal systems to reduce the problem of excessive and expensive resort to court proceedings.

Equity and the Law of Trusts in the Republic of Ireland

Author: Ronan Keane
Publisher: A&C Black
ISBN: 1847667023
Format: PDF, Kindle
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In the Republic of Ireland, there have been many developments in the law affecting trusts, such as the decision of the Supreme Court in Lynch v Burke on resulting trusts and in England the decision of the House of Lords in Stack v Dowden on â??common intention,â?? constructive trusts. These and similar developments are comprehensively considered and explained in this second edition. The book is fully updated to include all relevant case law and legislation.

The Arbitration Act 1996

Author: Bruce Harris
Publisher: John Wiley & Sons
ISBN: 1118853385
Format: PDF, ePub
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"There should not be a practitioner who does not have a copy ... highly recommended." —Arbitration When first published, The Arbitration Act 1996: A Commentary was described by Lord Bingham as "intensely practical and admirably user-friendly". It remains the most readable, useful, practical and user-friendly guide to the Arbitration Act 1996. The courts – particularly the Commercial and the Technology & Construction Courts – continue to grapple with many questions relating to the Act, with many judgments reported since the previous edition was published. While many of these do not add to the wisdom on this legislation, for the fifth edition the authors have considered some 330 new cases, resulting in extensive changes throughout much of the commentary. Many of the cases going to court concern challenges to awards and as a result the commentary on the relevant sections of the Act (ss. 67, 68, 70 and 72) has been subject to very substantial revision indeed. The details of all of these changes are of great importance to practitioners, whether lawyers or arbitrators. In addition there have been some significant changes to the Model Law since publication of the previous edition, which are fully documented and commented upon. Alterations to the CPR, the new UNCITRAL Rules (2010), the new ICC Rules (2012) and the new ICE Arbitration Procedure (2010) are also covered. Written by three practising arbitrators, the fifth edition continues to be the essential handbook for all concerned with English arbitration.

The Politics of Antagonism

Author: Brendan O'Leary
Publisher: Bloomsbury Publishing
ISBN: 1474287786
Format: PDF, ePub
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Written during the Northern Ireland peace process and just before the Good Friday Agreement, The Politics of Antagonism sets out to answer questions such as why successive British Governments failed to reach a power-sharing settlement in Northern Ireland and what progress has been made with the Anglo-Irish Agreement. O'Leary and McGarry assess these topics in the light of past historical and social-science scholarship, in interviews of key politicians, and in an examination of political violence since 1969. The result is a book which points to feasible strategies for a democratic settlement in the Northern Ireland question and which allows today's scholars and students to analyse approaches to Northern Ireland from the perspective of the recent past.

Arbitration in China

Author: Kun Fan
Publisher: Bloomsbury Publishing
ISBN: 1782250735
Format: PDF, Docs
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In the context of harmonisation of arbitration law and practice worldwide, to what extent do local legal traditions still influence local arbitration practices, especially at a time when non-Western countries are playing an increasingly important role in international commercial and financial markets? How are the new economic powers reacting to the trend towards harmonisation? China provides a good case study, with its historic tradition of non-confrontational means of dispute resolution now confronting current trends in transnational arbitration. Is China showing signs of adapting to the current trend of transnational arbitration? On the other hand, will Chinese legal culture influence the practice of arbitration in the rest of the world? To address these challenging questions it is necessary to examine the development of arbitration in the context of China's changing cultural and legal structures. Written for international business people, lawyers, academics and students, this book gives the reader a unique insight into arbitration practice in China, based on a combination of theoretical analysis and practical insights. It explains contemporary arbitration in China from an interdisciplinary perspective and with a comparative approach, setting Chinese arbitration in its wider social context to aid understanding of its history, contemporary practice, the legal obstacles to modern arbitration and possible future trends. In 2011 the thesis on which this book was based was named 'Best Thesis in International Studies' by the Swiss Network for International Studies. "What distinguishes this work from other books on international arbitration is its interdisciplinary perspective and comparative approach...this book makes a remarkable contribution to the understanding of arbitration in China and transnational arbitration in general. Academics, scholars and students of international arbitration, comparative studies and globalisation may all find this book stimulating. It also provides useful guidance for practitioners involved or interested in arbitration in China.?? From the Foreword by Gabrielle Kaufmann-Kohler

International Claims Commissions

Author: Lea Brilmayer
Publisher: Edward Elgar Publishing
ISBN: 1785363824
Format: PDF, Kindle
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International claims commissions have, over the last few decades, established themselves as important and permanent fixtures in international adjudication. This book provides a comprehensive review and analysis of the workings and mechanics of claims commissions to assess their success and predict their utility in the future. The book authors examines the legal framework of an international claims commission and the basic elements its processing procedure, as well as exploring the difficulties and challenges associated with operating costs, remedies and compliance with judgments.

European Judicial Systems Edition 2010 data 2008

Publisher: Council of Europe
ISBN: 9789287169877
Format: PDF, Kindle
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The new edition of the report of the European Commission For The Efficiency of Justice (CEPEJ), which evaluates the functioning of the judicial systems of 45 Council of Europe member states, remains in line with the process carried out since 2002. it relies on a methodology, which has already proved itself, To collect and process a wide range of quantitative and qualitative judicial data. This unique study has been conceived above all as a public policy tool aimed at improving the efficiency And The quality of justice. The CEPEJ's objective is to have the knowledge in order to be able to understand, analyse and reform. This report is intended for policy makers, legal practitioners and researchers as well as for those who are interested in the functioning of justice in Europe.

International Arbitration

Author: Gary B. Born
Publisher: Wolters Kluwer Law & Business
ISBN: 1454860251
Format: PDF, Mobi
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This important casebook is based upon one of the leading books in the field Born's treatise, International Commercial Arbitration. It offers a comprehensive approach to international commercial arbitration (focused on the New York Convention and UNCITRAL Model Law), while providing comparative examples drawn from state-to-state and investment arbitration. An easy-to-use chronological structure follows the course of an international arbitration. Features: Thoroughly revised to reflect amendments to UNCITRAL Rules, ICC Rules and other institutional arbitration rules New sections addressing IBA Guidelines on Party Representation in International Arbitration Revised to reflect amendments to representative national arbitration legislation in France, Singapore and elsewhere Streamlined excerpts of cases and awards; added excerpts of new arbitral awards on selected topics.

International Arbitration Law

Author: Mauro Rubino-Sammartano
Publisher: Kluwer Law International
ISBN: 9041114254
Format: PDF, ePub, Mobi
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This greatly expanded, revised, and updated edition of an arbitration classic reaffirms the author's distinctive approach in the context of the burgeoning global use of arbitration as the preferred means of dispute resolution. Focusing on the systematic procedural aspects that have developed from a remarkable convergence of legal systems - making arbitration today truly international rather than merely a proceedings in which the parties are of different nationality - Professor Rubino-Sammartano offers a uniquely valuable and useful book; ideal for both study and practice. In addition to the penetrating procedural and substantive analysis that characterized the First Edition, this new edition features the following: New chapters on UNCITRAL arbitration, recognition, and enforcement under the New York Convention, ex bono et aequo decisions and amiable compositeur, the Brussels Convention and arbitration, documents only arbitration, speed in arbitration, venue, breach of due process, and cost interest and damages. A wealth of new material on arbitration of commercial disputes between a State and a private party. A new solution to conflicts problems using the doctrine of the tronc commun. A formula of appeal with a de novo review and a self-executing mechanism. Expert discussion of the idea of a new supranational arbitration court of appeal.