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Books > Law > Laws of other jurisdictions & general law > Courts & procedure > Arbitration procedure
Although international arbitration is a remarkably resilient
institution, many unresolved and largely unacknowledged ethical
quandaries lurk below the surface. With the expansion of world
trade, the pool of parties, counsel, experts and arbitrators has
become more numerous and more diverse, such that informal social
controls are no longer a sufficient substitute for formal ethical
regulation. At the same time, the international arbitration system
has veered sharply toward more formal and transparent procedures,
meaning that ethical transgressions are bound to become more
evident and less tolerable. Despite these clear signals, regulation
of various actors in the system-arbitrators, lawyers, experts and
arbitral institutions-has not evolved to keep apace of these needs.
Ethics in International Arbitration provides a framework for
developing much needed formal ethical rules and a reliable
enforcement regime in the international arbitration system.
Catherine Rogers accomplishes this goal in three parts. The first
Part analyzes the underlying problems caused by the current lack of
regulation and reveal how these problems affect modern
international arbitration practice. The Second Part proposes a
theoretical framework for resolving these conflicts so effective
ethical rules can be developed to guide and regulate various
participants' conduct, and the third part proposes integrated
mechanisms for enforcing ethical rules.
The Most Practical Book on Negotiating Ever Written
Negotiating is an art. It's complicated. To become an
exceptional negotiator traditionally requires years of experience
in negotiations. But that doesn't mean that most people can't
quickly and easily learn proven negotiating skill and techniques if
someone shows them what to do. This book does exactly that.
"Never Lose Again" reveals a simple but remarkably effective set
of fifty questions that anyone can immediately use to become far
better negotiators. The fifty questions apply to all types of
negotiation situations, from conflicts like buying a home or car to
business transactions of all kinds. Each question has been designed
to put you in the best position possible, helping you to avoid
tricks, break deadlocks, discover conflict and dispute resolutions,
and find hidden deals in all types of negotiations.No other book on
the market distills the key negotiation principles into such a
simply, effective, and instantly usable form. By learning to use
these questions, you can start thinking like expert negotiators and
make better deals for yourself, your family, and your business.
This comprehensive and practical reference work offers extensive
coverage of international arbitration as practiced across 24 key
jurisdictions. In recent decades, there has been an extraordinary
growth in arbitration throughout Asia and consequently arbitration
centers in Singapore, Hong Kong and mainland China continue to
report a steady increase in the number of cases. This handbook is
the first to offer practitioners detailed guidance to help resolve
issues that are likely to arise throughout the arbitration process
and advise them of localized particularities in some areas which
have very different arbitration traditions and judicial systems.
Containing specific chapters on jurisdictions throughout Asia
(including Australasia) and a chapter devoted to the ICC in Asia,
the book offers an impressive level of detail including information
on key arbitration trends and statistics. A common structure allows
for ease of navigation and quick, comparative cross-referencing
between jurisdictions as well as ensuring consistent coverage
across the chapters. The jurisdictions covered include People's
Republic of China (mainland), Hong Kong SAR, Singapore, India,
Australia, Korea, Malaysia, New Zealand, Japan, Indonesia,
Philippines, Thailand, Taiwan, Vietnam, Brunei, Pakistan,
Bangladesh, Kazakhstan, Cambodia, Laos, (MASAO) SAR, Mongolia,
Myanmar, and Sri Lanka. The editors Michael Moser and John Choong
have worked with a strong author team of Asia arbitration experts
to comment on the methods of practice in each specific area and
provide practical solutions in response to practical issues.
The Asia Arbitration Handbook is unique in its coverage of
investor-state arbitration and bilateral investment treaties in
this region, making it the first reference work to cover the law
and practice of local arbitration, international commercial
arbitration and investor-state arbitration in the key Asian
jurisdictions. Its exhaustive scope both in terms of covered
jurisdictions and content for each jurisdiction will make it a
valuable addition to every law firm and in-house legal team library
concerned with arbitration in Asia.
This book provides both experienced and inexperienced
practitioners, as well as advanced students, with a guide to the
strategies associated with researching international commercial
arbitration as well as the sources associated with that field of
law. Up until very recently, the field of international commercial
arbitration was populated solely by specialists who knew the
sources and strategies for researching relevant authorities.
However, as the practice and business of law has become more
international and more diversified, generalists have begun to enter
the field while the number of specialized sources associated with
international commercial arbitration has grown exponentially. The
book combines instructional text with a bibliography of sources to
teach readers where to find relevant material. The instructional
chapters discuss the most important methods by which one conducts
research in international arbitration, while the bibliography
provides guidance on where to find that material.
Furthermore, the book will offer tips on how to present a case to
an international tribunal, which is quite different than presenting
a case to a national court.
In effect, the book walks the reader through the steps associated
with researching and presenting issues in international commercial
arbitration. For example, the book covers:
Where to find reported international arbitral awards (as opposed
to judicial decisions)
Where to find specialist treatises and journal articles on
international arbitration
How to use the various sources and evaluate the weight of
competing authority
How to present one's findings to an international arbitral
panel
How to consider thespecial issues that relate to international
arbitration
Additionally, the book takes advantage of empirical research into
the conduct of arbitration, giving an insider's view of the
process.
Many have talked of a 'new wave' of restitution claims prompted by
the Sarr-Savoy report. This has been further enhanced by the
announcement by the Open Society Foundation in November 2019 of $15
million of support for action to restore objects to Africa,
including through litigation. A series of formal claims to European
museums for the return of objects was reported in 2019. The
sustained high level of public interest in the restitution debate,
combined with the generally stubborn response of host nations,
suggests that this pattern will continue. Cultural Restitution
Claims: A Legal Handbook provides a concise and practical account
of the international law relevant to cross-border claims for the
restitution of cultural property. It covers both the supranational
legal framework and the domestic legal position in a number of key
jurisdictions, namely the UK, US, Switzerland, France, Germany,
Italy, Spain and China, drawing on the expertise of practitioners
in those jurisdictions. It also relates the present state of the
law to the evolving political and ethical debate and engages in
critical comparison of the position in different jurisdictions. The
book serves as a practical resource for those asserting or
responding to claims for the return of objects, whether in the
context of formal litigation or otherwise, as well as for those
with a professional or policy interest in the restitution debate.
The Court of Arbitration for Sport (CAS) provides international
sport with an organisation dedicated to the settlement of sporting
disputes swiftly and inexpensively. Since its inception in 1984, it
has time and time again earned the recognition and respect of all
stakeholders in the sporting world, who regard its decisions as
equivalent to judgments passed by state courts. This third volume
of major CAS decisions covers the years 2001, 2002 and 2003,
including those decisions issued during the Olympic Games in Salt
Lake City. In line with the first two compilations (which cover
awards issued from 1986 to 2000), it continues to prepare the
ground for a specialised case law, a real lex sportiva in
development. It also contains all essential texts regarding the
organisation and activities of CAS. Like the earlier volumes (the
first of which won the Rene Cassin Prize, awarded every three years
by the Academie Franaise des Sciences Morales et Politiques, in
1999), all decisions in Volume III are presented in both English
and French. Matthieu Reeb is the Secretary General of the CAS and
responsible for the management of the court, supervising the
arbitration procedures and organising the CAS ad hoc divisions
established during the Olympic Games and Commonwealth Games. In
addition to edition the CAS Digests, Matthieu Reeb is also the
author of several articles related to the CAS and its case law.
Earlier volumes of the Digest have found a wide readership. This
update is sure to continue that interest, especially with its
detailed references, invaluable to legal practitioners, to sports
law and arbitration. Sports organisation officials also will
discover here an incomparable source of legalinformation.
Volume XXXVII (2012) of the Yearbook again presents readers with a
selection of arbitral awards and court decisions made accessible by
translations, indices and categorized lists. Since Volume XXXV
(2010), the Yearbook's selection of arbitral awards and court
decisions is available in a combination of print edition and online
publishing. Arbitral awards continue to be published in print in
their entirety, as are Parts of the Yearbook providing various
information. Court decisions are presented at two levels of
consultation: a Summary of each decision, prefaced by a short
recap, is published in print; a detailed Excerpt of the decision is
available online at . A code provided with the Yearbook allows
readers to access the relevant Volume online, as well as the
preceding Volume. Readers who have purchased Volume XXXVII (2012)
can therefore access materials from both this Volume and Volume
XXXVI (2011).
This exhaustive treatise provides an in-depth analysis of the law
and practice of international commercial arbitration, highlighting
the worldwide movement towards an autonomous legal regime, free of
the constraints of national law and of the law of the place of
arbitration in particular. As well as exploring the application and
the influence of the first modem arbitration statutes, enacted in
France, the Netherlands and Switzerland in the 1980s, detailed
consideration is given to the 1985 UNCITRAL Model Law, to recent
arbitration legislation now in force in England, Germany, Belgium
and Sweden, and to the new arbitration rules of the AAA, ICC and
LCIA.
The Yearbook Commercial Arbitration continues its longstanding
commitment to serving as a primary resource for the international
arbitration community with reporting on arbitral awards and court
decisions applying the leading arbitration conventions, as well as
arbitration legislation and rules. Volume XXXIV provides: * A
selection of awards made under the auspices of, inter alia, the
International Chamber of Commerce (ICC), The German Arbitration
Institute (DIS) and the Netherlands Arbitration Institute (NAI), as
well as an ad hoc partial award rendered under the UNCITRAL
Arbitration Rules; * a selection of court decisions on different
topics that are relevant to the practice of (International)
arbitration; * Information on PR China, Germany, Italy, Japan,
Southern Africa, Spain, the United States and WIPO; * excerpts of
77 court decisions applying the 1958 New York Convention from 23
countries, including, for the first time, cases from Antigua and
Barbuda and Kenya; * decisions from Austria, Canada, Germany,
Greece, Hong Kong, India, Jordan, Kenya, the Russian Federation,
Singapore, Turkey and Venezuela reflecting the parallel application
of the UNCITRAL Model Law as adopted in these jurisdictions
together with the Convention; * cases from Austria, Brazil, PR
China, Germany, Greece, Israel, Italy, Jordan, Netherlands,
Netherlands Antilles, Russian Federation, Switzerland, Turkey and
Venezuela, all translated from their original language into
English; and, * an extensive Bibliography of recent books and
journals on arbitration, including this year general works on the
theory and practice of arbitration in China, England, France,
Germany, Hong Kong, Japan and The Netherlands, as well as
commentaries on the rules of the ICC, the LCIA, the NAI and the
Vienna International Arbitral Centre. The Yearbook is edited by the
International Council for Commercial Arbitration (ICCA), the
world's leading organization representing practitioners and
academics in the field, with the assistance of the Permanent Court
of Arbitration, The Hague. It is an essential tool for lawyers,
business people and scholars involved in the practice and study of
international arbitration.
For more than three decades, "Yearbook Commercial Arbitration" has
been the primary source of up-to-date information for arbitration
scholars and practitioners. With its reporting on developments in
the law and practice of international commercial arbitration, its
excerpts of arbitral awards and court decisions, and its commentary
on newly adopted or amended arbitration rules, Volume XXXI
continues the Yearbook's tradition of providing such topical
information as the following: the largest number of New York
Convention decisions ever collected in one volume of the Yearbook -
95 court decisions from 15 countries worldwide, including English
translations of decisions from Austria, Belgium, China, France,
Germany, Israel, Italy, the Netherlands, and Spain, giving the
reader access to material which might otherwise be inaccessible.
All the cases are indexed and linked to the General Editor's
published commentaries on the New York Convention, facilitating
research on any aspect of the Convention. It also includes
information about arbitral awards made under the auspices of the
International Court of Arbitration of the International Chamber of
Commerce (ICC), the German Maritime Arbitration Association, and
the Netherlands Arbitration Institute (NAI), as well as ad hoc
awards, dealing with procedural and substantive issues of general
interest to the business and legal communities; new and amended
rules adopted by the International Arbitral Centre of the Austrian
Federal Economic Chamber (the Vienna Rules), the International
Centre for Settlement of Investment Disputes (ICSID), and the
International Commercial Arbitration Court (ICAC) of the Chamber of
Commerce and Industry of the Russian Federation; and information on
arbitration legislation recently enacted in Austria, Cambodia,
Italy, and Malaysia. A new feature in this volume is a 'Digest of
Investment Treaty Decisions and Awards' containing a detailed list
of subject matters for more than 100 investment awards. A
bibliography and list of journals keep the reader up to date on
relevant literature. Edited by the International Council for
Commercial Arbitration (ICCA), the world's leading organization
representing practitioners and academics in the field, the Yearbook
is a vital resource for anyone involved in the practice and study
of international arbitration.
This important theme was the focus of New York University's 54th
Annual Conference on Labor and Employment Law. This highly
significant book reprints the papers presented at the 54th
Conference, with several additional papers. In its pages more than
40 noted labor and employment experts from a diverse range of
countries and disciplines offer penetrating analyses of
developments and trends in such areas as the following:
- Regulation of immigrant labor;
- legal issues facing undocumented workers;
- labor markets in border regions;
- guest worker programs;
- extraterritorial applications of U.S. law;
- employee rights under EU law;
- exploitation of differences in tax and pension laws across
jurisdictions;
- the role of antidiscrimination law;
- harmonizing alternative dispute resolution processes worldwide;
- termination policies;
- data ownership;
- linguistic diversity;
- international labor standards and institutions; and,
- transnational cooperation among labor unions.
Volume II, covering International Arbitration Procedures, provides
a detailed discussion of international arbitral procedures. It
includes chapters dealing with the legal framework for
international arbitral proceedings; the selection, challenge and
replacement of arbitrators; the rights and duties of international
arbitrators; selection of the arbitral seat; arbitration
procedures; disclosure and discovery; provisional measures;
consolidation, joinder and intervention; choice of substantive law;
confidentiality; and legal representation and standards of
professional conduct.
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