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This documents supplement contains the latest versions of
arbitration's primary sources, including the New York Convention
(listing the 159 country parties as of October, 2018), the UNCITRAL
Arbitration Rules and UNCITRAL Model Law (including the 2006
amendments), national arbitration statutes, leading institutional
rules, and Codes of Conduct for arbitrators. It contains important
recent changes in these sources, such as the new 2017 ICC
Arbitration Rules; the Indian Arbitration Act as amended in 2015;
the 2013 amendment to the UNCITRAL Arbitration Rules; and a new
document, the 2014 UNCITRAL Rules on Transparency in Treaty-Based
Investor-State Arbitration.
This innovative casebook on International Commercial
Arbitration-currently used on several continents- approaches the
subject as uniquely transnational law. Authored by three leading
arbitration experts coming from different legal backgrounds who
have taught worldwide, it covers international conventions, court
decisions, arbitral awards, statutes, and arbitration rules from
all over the world. This thoroughly updated 7th edition includes
new or expanded sections on, for example, third-party funding,
enhanced transparency-particularly in investment
arbitration-(amidst concerns for confidentiality), and difficulties
in appointing and challenging arbitrators (concerning "issue
conflict", "double hatting", and equal representation). The 7th
edition adds new cases, for example, on enforcing annulled awards,
the negative effect of Kompetenz-Kompetenz, and on non-arbitral
issues in corporate disputes. It also adds new problems for student
study and analysis. This completely updated edition includes new
and current treaties and legislative acts, such as, the 2014
Convention on Transparency in Investor-State Arbitration, the 2015
amendments to the Indian Arbitration Act, the 2016 amendments to
the Belgian Judicial Code and new or updated institutional rules,
such as the new 2017 ICC Rules, the 2016 ICC Note to Parties and
Arbitral Tribunals on the Conduct of Arbitration, the 2017 SCC
Rules, the 2018 VIAC Rules, and the 2018 DIS Rules.
The papers in this volume address the provisions of the 1999 Hague
Jurisdiction and Judgments Draft Convention and the state of the
negotiations as of the summer of 2000. They were presented at the
symposium "A Global Law of Jurisdiction and Judgments: Lessons from
The Hague," held in July 2000 at the Centre Pantheon (University of
Paris I Law Faculty) as a part of the Cornell-Paris I Summer
Institute of International and Comparative Law. Part I focuses on
the jurisdiction provisions of the 1999 Draft Convention. For the
most part, the papers in Part II look to the future, though they
also deal briefly with the judgments provisions of the 1999 Draft.
One paper takes up changes in European Union law that will
significantly affect future negotiations concerning the Draft
Convention. The other two offer analyses of the major hurdles
blocking the way to a successful convention and proposals for
vaulting those hurdles. At the beginning of each of the two Parts a
brief commentary on the papers presented in each Part is also
included. The papers analyze the jurisdiction provisions of the
1999 Hague Jurisdiction and Judgments Draft Convention and shed
light on many of the basic difficulties that must be resolved if a
global law of jurisdiction is to be achieved. In a second part of
this book, another set of papers discuss the less controversial
judgments provisions of the Draft Convention, as they also look to
the future of these critical international negotiations. As work on
The Hague Jurisdiction and Judgments Convention continues, these
papers will serve as a major reference point. The papers will also
form a part of the historical background and commentary on what may
become before long aglobal law of jurisdiction and judgments.
Revised for this volume, the papers remain up-to-date, yielding a
volume that is fundamentally forward-looking with commentary on and
overview of the papers presented in each part. The benefits of this
publication include critical analyses of The Hague Jurisdiction and
Judgments Draft Convention by authors and editors with great
expertise and reputation. This volume provides critical analyses of
the Draft Convention and should appeal to any private international
specialist.
As the process of internationalization accelerates, comparative law
scholars focus on the adaptation of legal cultures to new
realities. It is particularly important to understand (as best we
can) the "inner workings" of two groups of lawyers: those in the
United States; and those in the major European countries. In which
ways do the two groups understand each other, and where do they go
their separate ways? And what are the implications for the legal
profession and its beneficiaries of their cultural and ideological
differences? At a symposium held in Paris, 12 scholars from Europe
and the United States met to investigate these issues under two
related rubrics: realities and trends on the one hand, and ethics,
rules and professional ideologies on the other. The participants
have updated their original papers for this publication. In the
course of their discussion they reveal which cultural realities
persist and are likely to remain, and which trends are broadening
the common ground on which lawyers act in both cultures.
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