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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Commercial law
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Yearbook Commercial Arbitration Volume XXIVa - 1999 (Paperback)
Loot Price: R9,778
Discovery Miles 97 780
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Yearbook Commercial Arbitration Volume XXIVa - 1999 (Paperback)
Series: Yearbook Commercial Arbitration Set
Expected to ship within 10 - 15 working days
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The many and varied recent developments in the field of
international commercial arbitration in 1999, are brought together
in this volume of the Yearbook Commercial Arbitration. As in
previous volumes, the accent lies on cases in the form of arbitral
awards and court decisions, 80 in total. They are selected for
inclusion for their general interest and relevance to international
practice, presented in a uniform style and translated into English
from Arabic, Dutch, French, German, Italian, Japanese, Russian,
Swedish and Spanish, as the case may be. The selection of arbitral
awards covers a broad spectrum of commercial sectors: finance,
maritime, commodities and manufacturing, as well as a variety of
contract types such as consultancy, distributorship, foreign
investment and sales. The awards also examine many aspects of
procedure such as assignment and succession, jurisdiction,
determination of the applicable law (including lex mercatoria),
interim measures and the powers of arbitrators. ICSID, ICC and
Iran-US Claims Tribunal awards are included as well as awards from
German, Italian, Japanese and Russian arbitral institutions. The
North American Free Trade Agreement (NAFTA) has a place in the
Yearbook for the first time in the form of a Decision on the place
of arbitration and Award on jurisdiction by an ad hoc tribunal
constituted under this Agreement and applying the UNCITRAL Rules.
Prominence is given to the reporting on the 1958 New York
Convention where 42 decisions from 15 jurisdictions comprising 13
countries, the Court of Justice of the European Communities and the
Full Tribunal of the Iran-US Claims Tribunal are included. Common
themes are the requirement of an arbitration agreement in writing,
the binding effect of arbitral awards, the role of EU procedural
and substantive law in arbitration, procedural flaws in the
arbitration which may constitute a violation of public policy,
sovereign immunity, and the balance of interests between finality
of awards and the illegality of the underlying contract. Several
decisions applying the 1961 European Convention and the 1975 Panama
Convention are also published. The Yearbook additionally publishes
a selection of leading court decisions from various countries which
will impact arbitration practice in general. This year's selection
includes decisions for eight countries and the Court of Justice of
the European Communities on such topics as interim measures, the
role of EU law, confidentiality, public policy and illegality, and
"unconscionable" arbitral clauses. Other features of the Yearbook
are the newest rules from the American Arbitration Association
(AAA), the China International Economic and Trade Arbitration
Commission (CIETAC) and the Stockholm Chamber of Commerce (SCC) and
the recently amended Supplementary Rules Governing the Taking of
Evidence in International Commercial Arbitration of the
International Bar Association with an Introduction by David Rivkin.
New or amended arbitration legislation is announced in Recent
Developments in Arbitration Law and Practice, with references to
the Yearbook's sister publication, the International Handbook on
Commercial Arbitration, where the full text of the legislation will
be published in English, along with a National Report setting out
the law and practice of arbitration in that country. The Yearbook
also provides a Bibliography, listing journals and announcing the
newest publications in the field of arbitration, including ADR.
General
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