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Provisional Measures in International Commercial Arbitration (Hardcover)
Loot Price: R7,310
Discovery Miles 73 100
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Provisional Measures in International Commercial Arbitration (Hardcover)
Series: International Arbitration Law Library Series Set
Expected to ship within 12 - 17 working days
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Total price: R7,330
Discovery Miles: 73 300
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Due to the nature of the arbitration process, provisional measures
- especially interim protection of rights - tend to play a
disproportionate role in international commercial arbitrations.
Indeed, the need to clearly define such measures often constitutes
the major stumbling block on the path to an effective resolution of
a commercial dispute. This concise but enormously useful volume
offers practitioners the information and advice they need to
overcome this obstacle in the best possible way every time. The
author covers all the relevant avenues of research and practice,
from an overview of the concept of provisional measures to an
in-depth analysis of the weight and enforceability of such
measures. Along the way the treatment covers such crucial topics
and issues as the following: scholarly analysis of the problems and
uncertainties surrounding provisional measures, and their solutions
in light of arbitral and judicial practice; the complex interaction
of historical prejudices, political will, and business needs that
impact the usefulness of provisional measures; choice of forum to
seek provisional measures and the problems associated with such
choice; complementary mechanisms to arbitration for interim
protection of rights; standards of principles and procedures for
the grant of provisional measures; and a comprehensive review of
the arbitrators' power to grant provisional measures and court
assistance to arbitration. The presentation examines, compares, and
analyses seventy sets of arbitration rules on provisional measures
(including the arbitration rules of the ICC, AAA, and LCIA), all of
the major state laws on commercial arbitration, and detailed
analyses of numerous ICC and AAA awards, most of which have not
been published before. This new and fully researched book fulfils
and important need for user-friendly and complete practical
coverage of provisional measures in international commercial
arbitration. It will be of great value to corporate counsel,
international lawyers, and business people, as well as to students
of dispute resolution.
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