|
Showing 1 - 6 of
6 matches in All Departments
International arbitration perhaps crosses more practical and
theoretical boundaries than any other area of law. A practitioner
must approach the field prepared to deal with aspects of national,
international and conflicts laws, public and private law, and
substantive and procedural law. Crucial issues involve policy
matters as well as the layers of national and international
regulation of the arbitral process. There are also special
considerations to be taken into account in the presence of state
parties and of third parties. In a three-day symposium held at the
School of International Arbitration, Centre for Commercial Law
Studies (CCLS), Queen Mary University of London, on the occasion of
its twentieth anniversary in April 2005, a stellar array of
practitioners and academics undertook the task of taking a fresh
look at some of the persistent legal and practice issues of
international arbitration. The conference - and this book derived
from it - illustrate the combination of the scholarly and the
highly practical which has characterised the mission of the School
of International Arbitration since its establishment in 1985. These
insightful papers demonstrate not only the increasing breadth and
scope of the subject, but also the way in which many of its themes
and issues cross legal and disciplinary boundaries and pose
questions for the future of the law and arbitration practice in an
internationalised world. These include: public policy; mandatory
rules; confidentiality; provisional measures; res judicata; costs;
amicus briefs; groups of companies; parallel proceedings; and
anti-suit injunctions. Contributors focus on topics and countries
with which they have particular expertise or experience. Both
international commercial and international investment arbitration
are covered. This important book will be of great interest to
arbitration lawyers, international lawyers and business people, as
well as to academics, libraries, and students of dispute
resolution.
It often seems today that no dispute is barred from resolution by
arbitration. Even the fundamental question of whether a dispute
falls under the exclusive jurisdiction of a judicial body may
itself be arbitrable. Arbitrability is thus an elusive concept; yet
a systematic study of it, as this book shows, yields innumerable
guidelines and insights that are of substantial value to arbitral
practice. Although the book takes the form of a collection of
essays, it is designed as a comprehensive commentary on practical
issues that emerge from the idea of arbitrability. Fifteen leading
academics and practitioners from Europe and the United States each
explore different facets of arbitrability always with a perspective
open to international developments and comparative evaluation of
standards. The presentation falls into two parts: in the first the
focus is on the general features of arbitrability, its rationale
and the laws applicable to it. In the second, arbitrability is
specifically examined in the context of administrative, criminal,
corporate, IP, financial, commercial, and criminal law This book
has its origins in an International Conference on Arbitrability
held at Athens in September 2005. Seven papers presented there are
here reviewed and updated, and nine others are added. The subject
of the book - arbitrability - is one that is much talked about, but
seldom if ever given the in-depth treatment presented here.
Arbitrators and other practitioners in the field will welcome the
way the analysis moves logically from theory to practice regarding
every issue, and academics will recognize a definitive treatment of
arbitrability as understood and applied in the settlement of
disputes today.
Recent constitutional thinking has directed its attention to the
profound impact of soft norms on the way legislation is made. This
book identifies the European Union's impact assessment regime as a
source of these norms. In 2002, the European Commission, later
followed by the European Parliament and the Council of Ministers,
committed to performing rigorous assessment of the economic, social
and environmental impacts of policy options before adopting
(legislative) proposals. Applying a constitutional lens to this
regulatory topic, Anne Meuwese examines both the details and the
framework of IA in EU lawmaking to date, drawing attention to its
strengths, its contradictions, and its power to enhance the
deliberative quality of legislative debates. Integrating the
perspectives of political scientists and economists with the
concerns of legal scholars and practitioners, Dr Meuwese describes
and interrelates such aspects of the subject as the following: the
potential role of impact assessment as a catalyst of legal
principles, by emphasising or overriding norms that govern both the
procedural and the substantive aspects of the EU legislative
process; the constitutional tasks of impact assessment as applied
to European legislative proposals, especially relating to
subsidiarity, proportionality, and the precautionary principle; the
formal and informal extension of the scope of impact assessment
beyond the co-decision procedure; the question whether impact
assessment crosses the line between informing the legislator and
fettering legislative discretion.In the course of her analysis, Dr
Meuwese develops models for possible usages of IA in EU lawmaking,
analyses the implementation of impact assessment processes in the
European Commission, the European Parliament and the Council as
well as the roles of relevant co-actors, and offers results of
empirical research in the forms of a survey of EU legislative
practice and in-depth case studies of four EU legislative dossiers.
"Impact Assessment in EU Lawmaking" is a significant milestone in a
number of emerging legal debates around Europe's constitutional
future, accountability regimes, meta-regulation, and the growing
awareness of de facto binding norms. Its vital implications reach
far into the future, not only for EU legislation but for the entire
field of constitutional law as it adapts to prevailing structures
of public power everywhere.
Since its establishment in 1986, the annual "Freshfields
Arbitration Lecture" (as it has come to be known) has given both
practitioners and academics a unique and extraordinary opportunity
to explore new insights and frontiers in the theory and practice of
international arbitration. Hosted by the School of International
Arbitration, Queen Mary University of London, each lecture provides
an eminent figure in international arbitration a platform on which
to investigate problems of interest on aspects and trends in the
field. Bringing together all the published (and some unpublished)
lectures in this important series, this valuable book confirms the
interaction between theory and practice that the School has pursued
since its inauguration, and provides in addition a remarkable
testament of the School's policy of ensuring a comparative and
international approach to international arbitration research and
study. Twenty-one leading academics and practitioners explore the
issues of States and state enterprises in arbitration, including
the following topics: international investment arbitration;
national regulation of arbitration with particular focus on the
English Arbitration Act, the UNCITRAL Model Law, and Latin America;
arbitration proceedings (including the problem of delays and
control of the arbitral process); availability of remedies
(Farnsworth 1990); efficiency of arbitration process; and the
impact of rules of law and national law on arbitration tribunals
and the arbitration process. The book also includes substantial
coverage of such fundamental and more recent themes as default
procedural rules, autonomy of the arbitration process, regulation
of arbitration in national laws, validity of arbitral awards, and
dissenting opinions. Several of the lectures have been augmented
with updates and endnotes, and an in-depth introduction supplies a
welcome overview. With contributions by some of today's leading
academics and practitioners in the field, this book will be of
great interest to arbitration lawyers, international lawyers, and
business people, as well as to academics, law libraries, and
students of dispute resolution.
The second edition of this seminal text provides an authoritative
'article-by-article' commentary on the CISG. Moreover, it goes
further than existing literature by taking account of those various
legal settings in which the CISG operates. Strictly following the
structure of the Convention itself, it examines specific topics
such as E-Commerce and the CISG and comparative texts such as
Unidroit Principles of International Commercial Contracts and the
European Principles of Contract Law. The Incoterms are also dealt
with in detail. With a truly global and stellar line up of
contributors, this is an invaluable tool for all lawyers practising
in the field.
|
You may like...
An Island
Karen Jennings
Paperback
(1)
R267
Discovery Miles 2 670
Malma Station
Alex Schulman
Paperback
R415
R332
Discovery Miles 3 320
Crossroads
Jonathan Franzen
Paperback
R475
Discovery Miles 4 750
One Good Thing
Alexandra Potter
Paperback
R365
R285
Discovery Miles 2 850
Only The Brave
Danielle Steel
Paperback
R365
R260
Discovery Miles 2 600
|