International Arbitration and Private International Law
Title | International Arbitration and Private International Law PDF eBook |
Author | George A. Bermann |
Publisher | BRILL |
Total Pages | 648 |
Release | 2017-05-15 |
Genre | Law |
ISBN | 9004348271 |
No field of legal scholarship or practice operates in the world of private international law as continuously and pervasively as does international arbitration, commercial and investment alike. Arbitration’s dependence on private international law manifests itself throughout the life-cycle of arbitration, from the crafting of an enforceable arbitration agreement, through the entire arbitral process, to the time an award comes before a national court for annulment or for recognition and enforcement. Thus international arbitration provides both arbitral tribunals and courts with constant challenges. Courts may come to the task already equipped with longstanding private international law assumptions, but international arbitrators must largely find their own way through the private international law thicket. Arbitrators and courts take guidance in their private international law inquiries from multiple sources: party agreement, institutional rules, treaties, the national law of competing jurisdictions and an abundance of “soft law”, some of which may even be regarded as expressing an international standard. In a world of this sort, private international law resourcefulness is fundamental.
International Arbitration and Private International Law
Title | International Arbitration and Private International Law PDF eBook |
Author | George A. Bermann |
Publisher | Pocket Books of the Hague Acad |
Total Pages | 644 |
Release | 2017 |
Genre | Law |
ISBN | 9789004348257 |
No field of legal scholarship or practice operates in the world of private international law as continuously and pervasively as does international arbitration, commercial and investment alike. Arbitration's dependence on private international law manifests itself throughout the life-cycle of arbitration, from the crafting of an enforceable arbitration agreement, through the entire arbitral process, to the time an award comes before a national court for annulment or for recognition and enforcement. Thus international arbitration provides both arbitral tribunals and courts with constant challenges. Courts may come to the task already equipped with longstanding private international law assumptions, but international arbitrators must largely find their own way through the private international law thicket. Arbitrators and courts take guidance in their private international law inquiries from multiple sources: party agreement, institutional rules, treaties, the national law of competing jurisdictions and an abundance of "soft law," some of which may even be regarded as expressing an international standard. In a world of this sort, private international law resourcefulness is fundamental.
The Oxford Handbook of International Arbitration
Title | The Oxford Handbook of International Arbitration PDF eBook |
Author | Thomas Schultz |
Publisher | Oxford University Press |
Total Pages | 1008 |
Release | 2020-09-11 |
Genre | Law |
ISBN | 0192515969 |
This Handbook brings together many of the key scholars and leading practitioners in international arbitration, to present and examine cutting-edge knowledge in the field. Innovative in its breadth of coverage, chapter-topics range from the practicalities of how arbitration works, to big picture discussions of the actors involved and the values that underpin it. The book includes critical analysis of some of international arbitrations most controversial aspects, whilst providing a nuanced account overall that allows readers to draw their own informed conclusions. The book is divided into six parts, after an introduction discussing the formation of knowledge in the field. Part I provides an overview of the key legal notions needed to understand how international arbitration technically works, such as the relation between arbitration and law, the power of arbitral tribunals to make decisions, the appointment of arbitrators, and the role of public policy. Part II focuses on key actors in international arbitration, such as arbitrators, parties choosing arbitrators, and civil society. Part III examines the central values at stake in the field, including efficiency, legal certainty, and constitutional ideals. Part IV discusses intellectual paradigms structuring the thinking in and about international arbitration, such as the idea of autonomous transnational legal orders and conflicts of law. Part V presents the empirical evidence we currently have about the operations and effects of both commercial and investment arbitration. Finally, Part VI provides different disciplinary perspectives on international arbitration, including historical, sociological, literary, economic, and psychological accounts.
Procedural Law in International Arbitration
Title | Procedural Law in International Arbitration PDF eBook |
Author | Georgios Petrochilos |
Publisher | Oxford Private International L |
Total Pages | 592 |
Release | 2004 |
Genre | Law |
ISBN |
International arbitration has become the preferred method for the resolution of international commercial disputes, yet the question still remains: What is the procedural law of international commercial arbitral proceedings and what is its relevance? This book comprehensively analyses therelevant legislative practice of all major arbitration venues in the world, as well as the arbitral practice of a number of arbitral institutions. Practitioners will welcome the book's examination of the fate of awards annulled in their state of origin, 'stateless' awards, the procedural regime ofarbitrations involving sovereign states, and the human rights considerations in international arbitration.
International Arbitration and EU Law
Title | International Arbitration and EU Law PDF eBook |
Author | José R. Mata Dona |
Publisher | Edward Elgar Publishing |
Total Pages | 643 |
Release | 2021-03-26 |
Genre | Law |
ISBN | 178897400X |
This book examines the intersection of EU law and international arbitration based on the experience of leading practitioners in both commercial and investment treaty arbitration law. It expertly illustrates the depth and breadth of EU law’s impact on party autonomy and on the margin of appreciation available to arbitral tribunals.
Private International Law
Title | Private International Law PDF eBook |
Author | Franco Ferrari |
Publisher | Edward Elgar Publishing |
Total Pages | 520 |
Release | 2019-12-27 |
Genre | Law |
ISBN | 1789906903 |
Is Private International Law (PIL) still fit to serve its function in today’s global environment? In light of some calls for radical changes to its very foundations, this timely book investigates the ability of PIL to handle contemporary and international problems, and inspires genuine debate on the future of the field.
International Arbitration: Law and Practice in Switzerland
Title | International Arbitration: Law and Practice in Switzerland PDF eBook |
Author | Gabrielle Kaufmann-Kohler |
Publisher | Oxford University Press |
Total Pages | 691 |
Release | 2015 |
Genre | Law |
ISBN | 0199679754 |
This third edition, and the first in English, of the globally-cited Arbitrage International-Droit et Pratique à la Lumière de la LDIP, provides complete guidance on arbitration law and practice relating to Switzerland from two of the leading authorities on Swiss practice.