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Books > Law > Laws of other jurisdictions & general law > Courts & procedure > Arbitration procedure
The Practitioner's Handbook on International Commercial Arbitration
provides reports on the arbitration systems and laws of 13
countries in addition to commentaries on the arbitration rules of
ICC, ICDR, LCIA, and UNCITRAL Arbitration Rules as well as on the
UNCITRAL Model Law and the New York Convention. This comprehensive
overview of the key arbitral jurisdictions and the most important
arbitral rules and conventions makes it a unique and indispensable
work that belongs on the desk of each practitioner. Written by
world-leading arbitration practitioners and academics, this book
combines a practical approach with in-depth legal research and
analyses of important national and international case law. This new
edition is written to meet the needs of both the non-specialist
lawyer requiring quick and useful information on a particular legal
system or set of rules or interested in a concise general
introduction into the law of international arbitration, and the
experienced arbitration practitioner looking for well-founded
information on a particular issue.
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).
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).
Interest plays a vital and increasing role in international
arbitration proceedings, with almost every case having an element
of interest involved. However, until now, the topic has received
very little attention, meaning that arbitrators have had very
little concrete foundation on which to judge decisions on interest
awards. This book is the first authoritative guidance to address
this, providing a uniform approach to the awarding of interest in
international arbitration. Interest in International Arbitration
aligns arbitrators' decisions with standard commercial practice,
offering a practical and logical approach to how interest should be
awarded. It sets out traditional approaches that arbitrators have
followed in the past, such as using conflict of law to apply a
statutory rate from a given law, or awarding instead a subjectively
'reasonable' rate, and examines how these inconsistent approaches
have resulted in a variety of awards and decisions. The author uses
this analysis as a basis for a uniform approach to the issue:
granting compound interest at appropriate rates unless constrained
by truly mandatory law. The author sets out the calculation method,
explores the benefits and limitations, and presents a thorough
argument for the movement toward a uniform approach to interest
awards.
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Practical Mediation
- A Guide for Mediators, Advocates, Advisers, Lawyers, and Students in Civil, Commercial, Business, Property, Workplace, and Employment Cases
(Paperback)
Jonathan Dingle, John Sephton
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R904
Discovery Miles 9 040
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Ships in 10 - 15 working days
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