Arbitration Awards

A Practical Approach

Author: Ray Turner

Publisher: John Wiley & Sons

ISBN: 1405144807

Category: Technology & Engineering

Page: 264

View: 6110

‘Drawing on his long and practical experience [the author gives] guidance which only the foolhardy would reject without good reason for doing so. With this manual beside him, many an arbitrator will, I feel sure, sleep the sounder.’ - The Rt Hon The Lord Bingham of Cornhill. The preparation of an arbitrator's award requires a rigorous approach to the consideration of submissions and evidence, and to the decisions stemming from that consideration, and the arbitrator must be competent to draft a valid and enforceable award. These tasks can be complex for any arbitrator, particularly so for the less experienced. This book has been written to provide clear and practical guidance, whilst emphasising that there is no standard method of preparing or writing an award. It includes illustrations relating to a wide range of types of award. It will be of interest to all arbitrators and those involved in the process, whether they are concerned with commodities, insurance, maritime matters, rent disputes, construction or commerce.

Labor & Employment Arbitration

Leading Cases & Decisions. a Practical Approach to the Study of Arbitration

Author: Floyd D. Weatherspoon

Publisher: N.A

ISBN: 9781600422843

Category: Law

Page: 770

View: 7749

This casebook presents material which both students and practitioners will find useful in analyzing, writing, and interpreting arbitration awards and cases. Unlike the traditional casebook, there are less theoretical concepts and historical developments. Instead, the book includes a broad collection of arbitration court cases and arbitration awards to analyze, followed by discussion questions, case problems, and summaries. Court cases and arbitration awards were selected which set forth clear and practical substantive and procedural arbitration principles. In addition, leading Supreme Court cases, which outline and identify federal common law rules and policies on arbitration, are included to illustrate the judicial process for establishing precedent and federal common arbitration laws. Similarly, a selected number of secondary readings, which should enhance the reader's understanding and application of specific arbitration concepts, are inserted to give the reader an immediate opportunity to synthesize a wealth of arbitration concepts and principles. The book is divided between labor and employment arbitration with a major emphasis on labor arbitration. The labor arbitration section provides a wide range of reoccurring labor issues such as, management rights, seniority, subcontracting, benefits, wages and hours, off duty conduct, and safety policies. Because disciplinary actions remain the dominant issue arbitrated, a significant amount of material is included on the "just cause" principles. Through arbitration awards, each element of the "just cause" principle is explained and analyzed. Aside from disciplinary issues, the book also covers issue grievances, which primarily involve contract interpretation. The last section of the book discusses the development of employment arbitration. This area of arbitration has rapidly expanded in the private sector. The catalyst for this expansion was caused in part by The Supreme Court's liberal interpretation of the Federal Arbitration Act and most recently, the validation of mandatory arbitration provisions in employment contracts. This section of the book includes the leading Supreme Court decisions on compulsory arbitration and the application of these cases on discrimination claims, employment statutes, and contract disputes. Floyd D. Weatherspoon is a Professor at Capital University Law School (Columbus, Ohio), where he has taught labor and employment related courses, including arbitration for more than twenty-five years. Professor Weatherspoon also serves as a neutral in complex commercial, labor, and employment disputes. He is nationally recognized as a highly experienced labor and employment arbitrator. He serves on a number of state and national arbitration rosters and panels, including the American Arbitration Association's Labor and Employment Panels, the Federal Mediation and Conciliation Service's Roster and the National Mediation Board's Arbitration Panel. In addition to serving as a labor and employment arbitrator, he has also served as a fact-finder in a number of labor contract disputes. Professor Weatherspoon is a member of the National Academy of Arbitrators, and serves on the Council of the American Arbitration Association.

A Practical Approach to Arbitration Law

Author: Andrew Tweeddale,Keren Tweeddale

Publisher: Blackstone Press


Category: Law

Page: 446

View: 900

This practical handbook provides a detailed examination of arbitration law and procedure and includes the full text of the Arbitration Act 1996. Importantly, it takes account of the Civil Procedure Rules 1998, insofar as they affect arbitration proceedings. Unlike other books on arbitration, a resume of the main principles involved in international arbitration law and a section of precedents, demonstrating the theory of arbitration law in practice, are also included. Since the enactment of the Arbitration Act 1996, there have been numerous cases dealing with the Act. A Practical Approach to Arbitration Law analyses the most significant and recent cases, including: Vosnoc LtdTransglobal Projects Ltd; Charles M Wille & Co (Shipping) Ltd Ocean Laser Shipping Ltd and Allianz Versicherungs-Atktiengesellschaft Fortuna Co Inc on commencing the arbitration Soleimany Soleimany and Westacare Investments Inc Jugoimport-SDPR Holding Co Ltd on the enforcement of an award contrary to public policy Halki Shipping Corporation Sopex Oils Ltd; Davies Middleton & Davies Ltd Toyo Engineering Corporation and Patel Patel on the staying of litigation to arbitration Kye Gbangbola Smith and Sheriff on issues of serious irregularity.

A Practical Approach to Alternative Dispute Resolution

Author: Stuart Sime

Publisher: Oxford University Press

ISBN: 0198747667


Page: 672

View: 6087

A Practical Approach to Alternative Dispute Resolution provides a comprehensive and easily digestible commentary on all the major areas of resolution of disputes out of court. Designed to support teaching and learning on the Bar Professional Training Course, it will also be of interest to practitioners who are looking for a clear exposition of the range of ADR processes. Written by an authoritative and highly respected author team, A Practical Approach to Alternative Dispute Resolution contains a range of features designed to enhance the reader's understanding of the key points, including sample documentation, flow diagrams, tables, and examples drawn from a range of different types of practice. Numerous cross-references to relevant websites and further resources are also provided. This fourth edition has been brought fully up to date to reflect current practice and issues affecting ADR. The book's expanded coverage also makes it a suitable text for LLM courses on ADR. Online Resource Centre - Updates to cases and procedures - Useful links for each chapter - Diagrams and figures from the book

A Practical Approach to Civil Procedure

Author: Stuart Sime

Publisher: Oxford University Press, USA

ISBN: 9780199212330

Category: Law

Page: 641

View: 3501

Any lawyer practicing in the civil courts in England and Wales needs a thorough grasp of practice and procedure, and the rules of practice as applied by the courts. Taking a pragmatic rather than an academic approach to the topic, A Practical Approach to Civil Procedure provides a comprehensive commentary on all the major areas of civil litigation. Designed to cover points that are likely to arise in day-to-day practice, the text explains the various procedures that must be followed as a claim progresses from its early stages through its interim stages, and on to trial, enforcement, and possible appeal. This tenth edition has been revised in the light of recent developments in the law and practice, and also to take into account feedback from readers. Online Resource Center An updated test bank accompanies the tenth edition, offering 60 multiple choice questions and answers to help lecturers assess their students' progress.

International Arbitration and Mediation

A Practical Guide

Author: Michael McIlwrath,John Savage

Publisher: Kluwer Law International B.V.

ISBN: 9041126104

Category: Law

Page: 515

View: 4470

This book is intended as an easily accessible desktop resource for lawyers who regularly counsel businesses when negotiating international deals, and for those who represent the same clients in achieving a successful resolution when disputes emerge. The text is divided into chapters that follow the life cycle of an international commercial dispute as seen through the eyes of the parties, from when they agree how to resolve disputes in their contracts to the endgame of enforcement. Additionally, the appendices include a number of model submissions for further reference.--Provided by publisher.

Recognition and Enforcement of Foreign Arbitral Awards in Theory and in Practice

A Comparative Study in Common Law and Civil Law Countries

Author: Ihab Abdel Salam Amro

Publisher: Cambridge Scholars Publishing

ISBN: 1443858668

Category: Law

Page: 197

View: 7086

This book initiates a discussion of the law and practice of recognition and enforcement of foreign arbitral awards in both common law and civil law countries. In terms of law, this book principally focuses on the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958, and the harmony or clash between the New York Convention and national arbitration laws of both common law and civil law countries including the UK and the USA (as common law countries), and France, Germany and Greece (as civil law countries). In terms of practice, this book deeply and extensively examines the judicial application of the New York Convention in national courts of common law and civil law countries, and sheds light on the best practices related to the judicial application of the New York Convention, while also highlighting how future disputes can be resolved in national courts. As such, this book provides solutions for salient and recurring problems arising out of the erroneous judicial application or interpretation of the New York Convention by national courts, and encourages the adoption of a more liberal regime in favour of the recognition and enforcement of foreign arbitral awards generally, and the adoption of a more liberal interpretation of the New York Convention in national courts of both common law and civil law countries particularly. This book, which is based on more than 100 courts’ decisions from common law and civil law countries, is a valuable resource for academics, arbitrators, practicing lawyers, corporate counsels, law students and researchers interested in international commercial arbitration, as well as for business professionals involved in international trade, and those who are willing to solve their commercial disputes through arbitration.

Practitioner's Handbook on International Commercial Arbitration

Author: Frank-Bernd Weigand

Publisher: OUP Oxford

ISBN: 0191579971

Category: Law

Page: 1848

View: 3482

The Practitioner's Handbook on International Commercial Arbitration provides concise country reports on important jurisdictions for international arbitral proceedings, as well as commentaries on well-known arbitration rules which are frequently incorporated in international legal agreements. Most international commercial contracts now include an arbitration clause as an alternative to resolving disputes in the state courts. This second edition of the Practitioner's Handbook includes newly updated country chapters, expanded international coverage and commentary on the most important arbitration rules worldwide. It is written by world-leading arbitration practitioners and academics and combines a practical approach with in-depth legal research and analysis of important national and international case law. The book is unique in its coverage, providing uniformly designed country reports and thorough commentaries on internationally recognized arbitration rules in just one volume. There are individual chapters for the following countries: Austria, Belgium, China & Hong Kong, England, France, Germany, Italy, Netherlands, Singapore, Sweden, Switzerland, USA. Each country report covers: jurisdiction, the tribunal, arbitration procedure, the award, amendments and challenge to the award, liability of arbitrators and enforcement of national awards; and provides details of national arbitration laws, arbitral institutions in the jurisdiction, model arbitration clauses and a bibliography, including a list of key judicial decisions. The first edition was reviewed as "an outstanding book" and "an extremely useful tool". The work is an indispensable one-stop reference point for lawyers drafting international arbitration clauses or handling arbitration proceedings in different countries.

Arbitration Law of Turkey

Practice and Procedure

Author: Ziya Akinci

Publisher: Juris Publishing, Inc.

ISBN: 1933833866

Category: Law

Page: 384

View: 2068

Arbitration Law of Turkey, a commentary on the status of international arbitration practice in Turkey, is a practical approach to doing arbitrations that involve Turkey. The only collective resource available in English on the topic, Arbitration Law of Turkey guides practitioners through the various checkpoints of such arbitrations. The recent Turkish International Arbitration Code is explained in depth along with almost all of the larger investment treaty arbitrations that have taken place involving Turkey. Along with this practical approach, the style of the book reflects the author’s academic standing and is envisaged to form the basis for academic study in the field as well as a practical resource for practitioners or parties who are faced with arbitrations in Turkey.

The Osler Guide to Commercial Arbitration in Canada

A Practical Introduction to Domestic and International Commercial Arbitration

Author: Babak Barin,Andrew D. Little,Randy A. Pepper

Publisher: Kluwer Law International B.V.

ISBN: 9041124284

Category: Law

Page: 184

View: 5003

"In this Guide for practitioners, three experienced arbitration lawyers - one each in Ontario, Quebec and Alberta - provide an easy-to-use practical overview of the law of domestic and international arbitration in Canada. With lucid clarification of applicable legislation, both federal and provincial, and analysis of relevant case law, this Guide offers great assistance in the preparation and negotiation of arbitration agreements, as well as the conduct of commercial arbitrations in Canada. Among the topics covered are the following: important issues and key cases in all Canadian provinces and under federal legislation; practical reasons to use arbitration; what to consider in preparing arbitration agreements; protection of confidential information in Canadian arbitrations; interim remedies, including staying court proceedings in favour of arbitration; and appealing and enforcing awards. Emphasizing the major jurisdictions of Ontario, Quebec, Alberta, and British Columbia, this Guide will be of immeasurable value to in-house and external corporate counsel, litigation lawyers, international lawyers and business people, as well as to students of dispute resolution."--Publisher's website.

Precedent in International Arbitration

Author: Emmanuel Gaillard,Yas Banifatemi,International Arbitration Institute

Publisher: Juris Publishing, Inc.

ISBN: 1933833149

Category: Law

Page: 548

View: 5388

IAI Series No. 5 The International Arbitration Institute (IAI) series on international arbitration is a new periodic series of publications that will focus on cutting edge issues and developments in international arbitration. About the IAI: The International Arbitration Institute (IAI), an organization created under the auspices of the Comite Francais de l'Arbitrage (CFA), was created to promote exchanges international arbitration. The IAI is designed to promote exchanges on current issues in the field of international commercial arbitration. Its activities include the regular organization of international conferences, colloquiums, as well as conducting various research projects. About the book: Arbitrators routinely refer in their decisions to awards rendered by other arbitral tribunals that deal with the same issues. However natural it may seem to arbitrators and to parties who will refer to arbitral precedents in an attempt to support their position, such an approach raises many practical and theoretical questions: Is there such a thing as arbitral precedent? What weight should arbitrators give to decisions previously rendered by other arbitral tribunals? Can arbitral "case law" exist without consistency? Does such consistency exist? Is it necessary or simply desirable? What is the respective weight to be given to arbitral and national case law when arbitrators have to decide a case in accordance with a given law? These are some of the questions that this book explores, in the context of both international commercial arbitration and investment arbitration.

A practical approach to environmental law

Author: Paul Stookes

Publisher: Oxford University Press, USA


Category: Language Arts & Disciplines

Page: 648

View: 6489

The A Practical Approach series is the perfect partner for practice work. Each title focuses on one field of the law and provides a comprehensive overview of the subject together with clear, practical advice and tips on issues likely to arise in practice. The books are also an excellent resource for those new to the law, where the expert overview and clear layout promotes clarity and ease of understanding. A Practical Approach to Environmental Law provides comprehensive coverage of the full range of law and legislation relating to the environment, including; The Environmental Assessment of Plans and Programmes Regulations 2004; the Planning and Compulsory Purchase Act 2004; and the Environmental Information Regulations 2004, written in a clear and user-friendly style. To ensure accessibility and ease of reference, the book is organized into three sections, focusing in turn on; the principles of environmental protection such as the polluter pays principle, the precautionary principle, and sustainable development; substantive environmental law areas (such as noise, waste and water); and practice and procedure. The practice and procedure section covers remedies available under civil law, with practical advice on case management, injunctions and compensation, and costs. It also covers criminal law offences, procedures for prosecuting, and sentencing guidelines. Very much a practical guide, A Practical Approach to Environmental Law makes extensive use of cross-referencing, examples, checklists, case studies, and key reference documents, to assist the practitioner in quickly locating the material they need, whilst also providing valuable context for the student coming to this complex subject for the first time.

The Rise of Transparency in International Arbitration

Author: Alberto Malatesta ,Rinaldo Sali

Publisher: Juris Publishing, Inc.

ISBN: 193751823X

Category: Law

Page: 228

View: 2442

The Rise of Transparency in International Arbitration is inspired by a joint research conducted in the last years by the Milan Chamber of Arbitration and the Law School of the University Carlo Cattaneo–LIUC, Castellanza, in Italy. The two bodies have shared a common concern in order to increase the use of international commercial arbitration and to develop a proper culture in the field: the need for enhancing transparency and especially for a wider dissemination of arbitral awards. The advantages of arbitration as the main alternative means of dispute resolution are well known and undisputed. Privacy and confidentiality are among them and at the same time among the prevailing features of any arbitral proceedings. However, sometimes users have the feeling to deal with a close and too slow-growing world. The need, if not the request, for a greater accountability of the arbitral world in the whole is more and more widespread. In this context the aim of this book is on the one hand to spur discussion and to shed new light on the traditional idea of confidentiality in international commercial arbitration (and in some other figures alike). Although this idea is sometimes founded upon sound reasons that cannot be ignored or totally set aside, it must be reconsidered by taking into account the rise of transparency. On the other hand, a specific proposal is made in order to step ahead from the current situation, with particular reference to the issue of the publication of the awards. In this respect, the main outcome is the Guidelines for the Anonymous Publication of Arbitral Awards, already adopted and experienced by the Milan Chamber. They are addressed to institutions, practitioners, scholars with the goal to favor the circulation of the awards and of the related decisions.

French Arbitration Law and Practice

A Dynamic Civil Law Approach to International Arbitration

Author: Jean-Louis Delvolvé,Jean Rouche,Gerald H. Pointon

Publisher: Kluwer Law International B.V.

ISBN: 9041126902

Category: Law

Page: 364

View: 3341

Previous edition, 1st, published in 2003.

International Commercial Arbitration and African States

Practice, Participation and Institutional Development

Author: Amazu A. Asouzu

Publisher: Cambridge University Press

ISBN: 9780521641326

Category: Law

Page: 533

View: 6812

An examination of arbitral and alternative dispute resolution (ADR) processes in the African context.