Arbitration Awards

A Practical Approach

Author: Ray Turner

Publisher: John Wiley & Sons

ISBN: 1405144807

Category: Technology & Engineering

Page: 264

View: 5851

‘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: 7692

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 Alternative Dispute Resolution

Author: Stuart Sime

Publisher: Oxford University Press

ISBN: 0198747667


Page: 672

View: 1826

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 guide to international commercial arbitration

Author: Richard Garnett,Henry Gabriel

Publisher: Oxford University Press, USA


Category: Language Arts & Disciplines

Page: 216

View: 1695

This concise, in-depth guide explores the pros and cons of arbitration, the role of national laws, key elements of the arbitration agreement, and includes a detailed analysis of arbitration procedures. Standards of conduct of the arbitrator, enforceability, challenges, modification of awards, and awards and remedies are covered. The Appendices include: UNCITRAL Arbitration Rules Arbitration Rules of the International Chamber of Commerce The UNCITRAL Model Law on International Commercial Arbitration Texts of the New York and Panama Conventions Model UNCITRAL and ICC arbitration clauses Information about the major arbitral centers throughout the world.

Arbitration in China

A Legal and Cultural Analysis

Author: Kun Fan

Publisher: Bloomsbury Publishing

ISBN: 1782250735

Category: Law

Page: 366

View: 1309

In the context of harmonisation of arbitration law and practice worldwide, to what extent do local legal traditions still influence local arbitration practices, especially at a time when non-Western countries are playing an increasingly important role in international commercial and financial markets? How are the new economic powers reacting to the trend towards harmonisation? China provides a good case study, with its historic tradition of non-confrontational means of dispute resolution now confronting current trends in transnational arbitration. Is China showing signs of adapting to the current trend of transnational arbitration? On the other hand, will Chinese legal culture influence the practice of arbitration in the rest of the world? To address these challenging questions it is necessary to examine the development of arbitration in the context of China's changing cultural and legal structures. Written for international business people, lawyers, academics and students, this book gives the reader a unique insight into arbitration practice in China, based on a combination of theoretical analysis and practical insights. It explains contemporary arbitration in China from an interdisciplinary perspective and with a comparative approach, setting Chinese arbitration in its wider social context to aid understanding of its history, contemporary practice, the legal obstacles to modern arbitration and possible future trends. In 2011 the thesis on which this book was based was named 'Best Thesis in International Studies' by the Swiss Network for International Studies. "What distinguishes this work from other books on international arbitration is its interdisciplinary perspective and comparative approach...this book makes a remarkable contribution to the understanding of arbitration in China and transnational arbitration in general. Academics, scholars and students of international arbitration, comparative studies and globalisation may all find this book stimulating. It also provides useful guidance for practitioners involved or interested in arbitration in China.?? From the Foreword by Gabrielle Kaufmann-Kohler

A Practical Approach to Arbitration Law

Author: Andrew Tweeddale,Keren Tweeddale

Publisher: Blackstone Press


Category: Law

Page: 446

View: 9379

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.

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: 9233

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.

Enforcement of Investment Treaty Arbitration Awards

A Global Guide

Author: Julien Fouret,Castal Mourre

Publisher: N.A

ISBN: 9781909416543

Category: Business & Economics

Page: 380

View: 6662

This title provides both substantive analysis of recurring issues at the enforcement stage of awards and practical perspectives on how to enforce an award based on investment treaties. It explores enforcement issues ranging from the specificities of the ICSID mechanism to the enforcement of interim relief and the issues of sovereign immunity and state entities; and addresses the means to enforce these types of award in practice. Valuable jurisdiction-specific information is provided for over 25 states, including coverage of the applicable international and domestic legal frameworks and reviews of the most recent practices.

Recognition and Enforcement of Foreign Arbitral Awards

A Global Commentary on the New York Convention

Author: Herbert Kronke

Publisher: Kluwer Law International

ISBN: 9041123563

Category: Law

Page: 617

View: 3105

The analysis thoroughly covers the major issues that have arisen in the application of the Convention, including the following: - the use of reservations made by Contracting States; - the distinctions between recognition and enforcement and between recognition sought at the seat of the arbitration and outside the seat; - the role of the courts in reviewing arbitral awards and, in particular, the Convention's focus on safeguarding due process standards; - the more favourable rightsA" principle embodied in Article VII(1); - the relevance of forum shopping and asset spotting to the application of the Convention; and - the role of formalities and formalism. The end result is an invaluable work that will prove enormously useful to all international commercial arbitration practitioners and scholars, regardless of location

International Arbitration

A Handbook

Author: Phillip Capper

Publisher: Routledge

ISBN: 9781138134461


Page: 208

View: 2653

This essential handbook on international arbitration has been updated to include a new chapter on investment treaty arbitration, detailing the kind of investments which are covered by investment treaties, persons to whom investment treaties apply, the rights commonly provided under investment treaties, ICSID arbitration and commonly encountered issues and practical considerations. Other additions to the latest edition include: multi-tiered arbitration clauses, confidentiality, interim measures and consumer arbitration.

The Principles and Practice of International Commercial Arbitration

Third Edition

Author: Margaret L. Moses

Publisher: Cambridge University Press

ISBN: 1108184138

Category: Law

Page: N.A

View: 4625

Arbitration has become the dispute resolution method of choice in international transactions. This book provides the reader with immediate access to understanding the world of international arbitration, explaining how and why arbitration works. It provides the legal and regulatory framework for international arbitration, as well as practical strategies to follow and pitfalls to avoid. It is short and readable, but comprehensive in its coverage of the basic requirements, including the most recent changes in arbitration laws, rules, and guidelines. The third edition includes new sections on state to state arbitration, the role and power of the arbitrator, reform efforts in international investment treaties, transparency in international arbitration and third party funding. In the book, the author includes insights from numerous international arbitrators and counsel, who tell firsthand about their own experiences of arbitration and their views of best practices. Throughout the book, the principles of arbitration are supported and explained by the practice, providing a concrete approach to an important means of resolving disputes.

International Arbitration and Mediation

A Practical Guide

Author: Michael McIlwrath,John Savage

Publisher: Kluwer Law International

ISBN: 9041126104

Category: Law

Page: 515

View: 3523

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.

A Practical Approach to Conveyancing

Author: Robert Abbey,Mark Richards

Publisher: Oxford University Press

ISBN: 0198787561

Category: Law

Page: 560

View: 8559

A Practical Approach to Conveyancing takes a pragmatic, rather than academic, approach to conveyancing. It provides practical solutions to everyday problems encountered by conveyancing practitioners wishing to offer a cost-effective and efficient service. Written by two leading authorities in the area with over sixty years' combined legal experience, A Practical Approach to Conveyancing offers a detailed and up-to-date exposition of the key principles and procedures underpinning the conveyancing process. The book provides practical guidance on each stage of commercial and residential conveyances, with realistic sample documentation to help you approach all aspects of a conveyancing transaction with confidence. Now in its nineteenth edition, this classic text has firmly established itself as a core text supporting LPC students. It is also essential reading for trainee or qualified solicitors, legal executives, or licensed conveyancers.

Introduction to Arbitration

Author: Harold Crowter

Publisher: Informa Law from Routledge

ISBN: 9781138131460

Category: Law

Page: 334

View: 1067

This book provides a highly accessible yet practical guide to all aspects of arbitration, from the drafting of an arbitration agreement through to the award, including enforcement and appeals. Being comprehensive in its approach, every stage of the arbitral process under the Arbitration Act 1996 is covered including a separate chapter covering special types of arbitration such as consumer schemes and arbitrations under statute. Written in simple non-legalistic language and intentionally general in its coverage, it should be of relevance to arbitration matters whatever trade or profession practised.

A Practical Approach to Landlord and Tenant

Author: Simon Garner,Alexandra Frith

Publisher: Oxford University Press

ISBN: 0199589194

Category: Business & Economics

Page: 703

View: 4805

Now in its sixth edition, A Practical Approach to Landlord and Tenant continues to provide a comprehensive and systematic guide to the principles and practice of landlord and tenant law. Containing coverage of up to date cases, as well as key documents, this book provides a valuable introduction for students and professionals alike.

A Practical Approach to Planning Law

Author: Victor Moore,Michael Purdue

Publisher: OUP Oxford

ISBN: 0191634689

Category: Law

Page: 800

View: 7479

Despite repeated attempts in recent years to simplify the planning system, planning law has continued to be so complex that practitioners and students alike have found it difficult to disentangle the issues and principles involved. The twelfth edition of this popular and accessible book aims to remove the mystery which planning law has for so many people. A Practical Approach to Planning Law continues to provide a comprehensive and systematic account of the principles and practice of planning law, guiding the reader through each stage of the planning process, from permission applications through to disputes and appeals. Containing coverage of all recent cases as well as important developments since the publication of the previous edition, particularly those arising out of the Localism Act 2011, this new edition provides an invaluable introduction to the subject for professionals and students alike. The A Practical Approach series is the perfect partner for practice work. Each title focuses on one field of the law, providing 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 promote clarity and ease of understanding.

International Arbitration in Switzerland

A Handbook for Practitioners

Author: Gabrielle Kaufmann-Kohler,Blaise Stucki

Publisher: Kluwer Law International

ISBN: 9041123008

Category: Law

Page: 294

View: 3455

A convenient, neutral location, with a long-standing tradition of arbitration, arbitration-friendly legislation, arbitration-supportive courts, and an exemplary infrastructure - for all of these reasons, parties often choose Switzerland as their preferred seat of arbitration. Switzerland continues to therefore play a leading role in the field of arbitration. This book, since its first edition in 2004, has been widely used as a peerless practitioners' guide to international arbitration in Switzerland. Keeping in line with the first edition, this second edition describes in detail each phase of arbitral proceedings, from drafting the arbitration clause to challenge and enforcement of the award. The second edition continues to pay close attention to all aspects, including procedure before the arbitral tribunal, interim measures, confidentiality, the mediation alternative, and many other topics. The new edition has been extensively revised to take fully into account the newly amended Swiss Rules of International Arbitration, as well as numerous changes internationally, such as the revised ICC Rules and the revised UNCITRAL Rules. Many new decisions of the Swiss Federal Tribunal relating to arbitration are also considered, as is legal commentary. The second edition also features a chart comparing major institutional arbitration rules on all aspects of the arbitral process covered by those rules. There are also two entirely new chapters - one on the legislative framework of Swiss arbitration law, and one addressing costs of arbitration. The approach throughout is rigorously practice-oriented, adding theoretical support whenever necessary. With the help of this book, practitioners will proceed confidently as they approach such tasks as the following: drafting an effective arbitration clause and choosing between ad hoc and institutional arbitration; understanding the manner in which arbitral proceedings can be structured and evaluating what is best suited to their needs; weighing the possibilities of interim relief at their disposal; anticipating the duration and costs of proceedings; and assessing post-award options. Whilst focusing on the latest developments in international commercial arbitration, International Arbitration in Switzerland includes sections on sports arbitration (with a focus on the Court of Arbitration for Sport in Lausanne) and on Swiss-based public international law dispute settlement mechanisms, such as those of the WTO and the UNCC. The book provides useful answers to concrete questions that in-house lawyers, outside counsel, and arbitrators are confronted with when practicing international arbitration in Switzerland. With its wealth of practical expertise and up-to-date information, it will enable foreign in-house and external counsel to make the appropriate choices and decisions. It will be indispensable for all practitioners and academics interested in arbitration in Switzerland.

A Practical Approach to Civil Procedure

Author: Stuart Sime

Publisher: Oxford University Press, USA

ISBN: 9780199212330

Category: Law

Page: 641

View: 1402

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.

Arbitration Law of Turkey

Practice and Procedure

Author: Ziya Akinci

Publisher: Juris Publishing, Inc.

ISBN: 1933833866

Category: Law

Page: 384

View: 7633

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.

International Arbitration

Law and Practice

Author: Gary B. Born

Publisher: N.A

ISBN: 9789041166371

Category: Law

Page: 480

View: 1753

International Arbitration: Law and Practice (Second Edition) provides a comprehensive coverage of the basic principles and legal doctrines, and the practice, of international arbitration. It contains a systematic and concise treatment of all aspects of the arbitral process, including international arbitration agreements, international arbitral proceedings and international arbitral awards. The book addresses both international commercial arbitration and the related fields of investment and state-to-state arbitration, and is essential reading for any student of international arbitration and any practitioner seeking a complete introduction to the field. Accolades for Gary B. Bornand’s International Commercial Arbitration (2009 and& 2nd ed. 2014), recipient of the American Society of International Lawand’s 2010 Certificate of Merit: and“An unparalleled book on the law, practice and theory of international commercial arbitration and… indispensable for both practitioners and academics.and” Professor Jack L. Goldsmith III, Harvard Law School and“Stunningly comprehensive, accessible, and bristling with insights: the definitive text on international arbitration.and” Professor Harold Hongju Koh, Yale Law School and“A monumental work of legal scholarship.and” Professor Campbell McLachlan, Victoria University of Wellington and“An extraordinary combination of both practical experience and academic analysis.and” Professor Dr. Daniel Girsberger, University of Lucerne