A Guide to the ICC Rules of Arbitration

Author: Yves Derains,Eric A. Schwartz

Publisher: Kluwer Law International B.V.

ISBN: 9041122680

Category: Law

Page: 606

View: 1580

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The ICC Rules of Arbitration constitute one of the world's oldest and most widely used sets of rules for the resolution of international commercial disputes. In 1998, shortly after the entry into force of the current version of the Rules, the First Edition of this book appeared and quickly became an indispensable resource for all those involved or interested in ICC arbitrations, including arbitrators, counsel, and parties. In this updated and revised edition, the authors two of the world's leading experts on ICC arbitration have revised the Guide in order to take stock not only of the evolution in ICC practice over the last seven years, but of new arbitral and judicial decisions bearing on the interpretation and application of the Rules and of developments in international arbitration practice generally. The Guide's notable features include: article-by-article commentary on the ICC Rules, enriched by the authorsand¿ personal involvement in their drafting and years of experience as arbitrators, counsel, and former Secretaries General of the ICC International Court of Arbitration;ample and greatly expanded references, in respect of the Rulesand¿ individual provisions, to relevant national court judgments and arbitral awards, together with extensive bibliographical sources; andup-to-date statistics on ICC arbitration and copies of all ICC rules on dispute resolution mechanisms in addition to arbitration.A truly comprehensive reference work on ICC arbitration practice, the Second Edition of the Guide will be of immeasurable value to corporate counsel, international lawyers, and business people, as well as to all those interested in the international arbitration process.
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A Guide to the New ICC Rules of Arbitration

Author: Yves Derains,Eric A. Schwartz

Publisher: N.A

ISBN: N.A

Category: Law

Page: 478

View: 5808

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The ICC Rules of Arbitration ('the Rules') constitute one of the world's oldest and most widely used sets of rules for international commercial disputes. on January 1, 1998, new rules took effect which represent the first major reform of the Rules in two decades. Both authors had an intimate involvement in the preparation of the new Rules--Mr. Derains, as chairman of the working party that prepared them, and Mr. Schwartz as Secretary General of the ICC Court during their preparation (Mr. Derains has also served in this position). In the Guide, they draw on their knowledge of ICC Court practice and of issues that commonly arise in connection with the application and interpretation of the Rules. The result: a unique, practical reference for anyone dealing with or expecting to deal with the new ICC Rules.
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Craig, Park & Paulsson's annotated guide to the 1998 ICC arbitration rules

with commentary

Author: William Laurence Craig,William W. Park,Jan Paulsson

Publisher: Oxford University Press, USA

ISBN: N.A

Category: Law

Page: 236

View: 4384

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This indispensable volume provides a complete and authoritative discussion of the ICC rules and their application. Organized by arbitration rules, it contains an article-by-article analysis of the rules, including a comparison with the text of the relevant section of the 1975 rules, along with comprehensive indexes for tracking the rules of the court, and advice for arbitrators. Each annotation contains an explanation of the rationale that drove the revision or incorporation, as well as the expected effect on ICC arbitration practice. Where the rules are influenced by other established arbitration rules, appropriate cross-references appear. Contents summary: Overview of the 1998 rules Annotated text with commentary Arbitral tribunal and proceedings Awards Costs Conversion tables Appendices to the 1998 rules Index
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A Guide to the LCIA Arbitration Rules

Author: Peter Turner,Reza Mohtashami

Publisher: OUP Oxford

ISBN: 0191579742

Category: Law

Page: 416

View: 4578

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The London Court of Arbitration (LCIA) is one of the world's foremost arbitration institutions, with a growing annual caseload. The LCIA Arbitration Rules are among the most modern and forward-looking of the various sets of institutional arbitration rules but until now have not been the subject of in-depth study. This is the first full length and comprehensive commentary on the rules, written by two well-known and experienced arbitration practitioners. Portable and functional, this book acts as a guide and provides an indispensable resource for all involved in international arbitration under the LCIA rules. Grouped thematically, the commentary to each rule provides 1) a description of the rule and its intended meaning 2) the provenance and history of the rule 3) the practical effect of the rule with reference to previous case law and jurisprudence and 4) a comparative look at conceptual and practical differences between each rule. Focusing specifically on how the rules of the LCIA differ from those of the ICC and the UNCITRAL, this title emphasises the international nature of the LCIA and provides the only dedicated reference to the Rules.
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A Guide to the NAI Arbitration Rules

Including a Commentary on Dutch Arbitration Law

Author: Bommel van der Bend,Marnix Leitjen

Publisher: Kluwer Law International B.V.

ISBN: 9041127348

Category: Law

Page: 350

View: 6121

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The Netherlands Arbitration Institute (NAI) is the most prestigious institute in the Netherlands for the arbitration of commercial disputes. While NAI arbitration is the dispute resolution mechanism of choice of many Dutch corporations and public entities, it is increasingly agreed on by foreign parties selecting the Netherlands as a neutral venue for their potential disputes. This excellent volume, a rule-by-rule guide to the NAI Arbitration Rules, is not only the first such handbook in English, but the most comprehensive and detailed in any language. In addition, it provides a unique commentary in English on important elements of Dutch arbitration law. Drawing on case law from arbitral tribunals and state courts and on extensive personal experience, members of the arbitration team of the Dutch law firm De Brauw Blackstone Westbroek N.V. provide in-depth commentary on each provision of the NAI Arbitration Rules and on arbitration-related court proceedings in the Netherlands under the Dutch Arbitration Act. Focusing on disputes arising from (among others) share purchase agreements, joint venture agreements, licence agreements, franchise agreements, finance agreements, contractor agreements, distribution agreements, and agreements for the sale of goods, the analysis covers such crucial factors of the NAI system as the following: the use of the list procedure for the appointment of arbitrators; the central role of the Administrator; the Dutch concept of binding advice; contractual relationships and exclusion of liability; the separability of the arbitration agreement; freedom in determining and applying rules of evidence; the mechanisms for parties to seek relief in summary arbitration proceedings; costs of arbitration; and the arbitral award, including the possibility of rectifying, supplementing and setting aside this award. The provision-by-provision analysis also compares the NAI Rules with both relevant proceedings in the Dutch state courts and, inter alia, ICC and UNCITRAL Arbitration Rules and to practice under such other rules. The authors of this matchless book have faced many questions on the NAI Arbitration Rules, advised on the interpretation and correct application of those Rules, and defended such interpretation before tribunals and courts. In this book they share their experience, insights, and expertise. Counsel for corporate clients and public entities contemplating arbitration proceedings and– as well as counsel to parties in NAI proceedings or related court proceedings and– will find here an incomparable guide to the NAI system and Dutch arbitration law.
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Asian Leading Arbitrators' Guide to International Arbitration

Author: Michael Charles Pryles,Michael J. Moser

Publisher: Juris Publishing, Inc.

ISBN: 1933833114

Category: Law

Page: 568

View: 5962

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The essays in this volume, prepared by a virtual “who’s who” of the leading arbitrators in Asia, present a unique insight into arbitration practices and procedures in the world’s largest and fastest growing region. This book offers thoughtful advice and insights into the world of international arbitration in Asia from some of the most prominent and experienced international arbitrators in the world. The contributors are arbitrators from Brunei Darussalam, China, Hong Kong, India, Indonesia, Japan, Korea, Malaysia, New Zealand, the Philippines, Singapore, United Kingdom and the USA. The contributors offer insights and advice on the way in which international arbitrations are carried out from the point of view of arbitrators reading pleadings and memorials and listening to witnesses and hearing arguments. The authors' discussions are intended to be thoughtful, insightful and useful - and perhaps, occasionally, iconoclastic. There may be instances in which the authors disagree with one another on certain points, for there are often many routes that can be taken to achieve a result. The book will be useful not only to persons who may serve as arbitrators in international arbitral proceedings but also to those who may, in their position as advocates, wish to persuade persons - including, perhaps, the authors.
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The Secretariat's Guide to ICC Arbitration

A Practical Commentary on the 2012 ICC Rules of Arbitration from the Secretariat of the ICC International Court of Arbitration

Author: Jason Fry,Simon Greenberg,Francesca Mazza,Benjamin Moss

Publisher: ICC Publications

ISBN: 9789284201365

Category: Arbitration (International law)

Page: 506

View: 4664

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A Guide to the ICDR International Arbitration Rules

Author: Martin F. Gusy,James M. Hosking,Franz T. Schwarz

Publisher: Oxford University Press

ISBN: 0199596840

Category: Law

Page: 399

View: 8236

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This commentary on the International Centre for Dispute Resolution (ICDR) Rules is a comprehensive reference work for practitioners and arbitrators considering ICDR arbitration. The International Centre for Dispute Resolution (ICDR) is the international division of the American Arbitration Association (AAA) and given that an excess of 600 arbitrations are now administered every year under the ICDR Rules, this book answers the need for the first comparative guide devoted to them. The ICDR International Arbitration Rules are structured in accordance with the typical life-cycle of an international arbitration and thus the book follows their thematic structure, providing ample cross-referencing to assist the reader in understanding the relationship between the various rules and genuine issues likely to be encountered during an arbitration. The commentary embraces each of the 37 articles in their entirety and includes discussion of how each provision compares to analogous rules of other major arbitral institutions. The authors draw not only on their own experience, but on caselaw gathered from foreign jurisdictions and from the rich vein of caselaw in the US (applying the ICDR Rules and, where appropriate, analogous provisions of various AAA domestic rules). The work's comparative perspective helps to emphasize key issues to consider when drafting an arbitral clause or strategizing over the conduct of an arbitration. A Guide to the ICDR International Arbitration Rules features multiple appendices and difficult-to-find resources to form a collection of core materials which include the ICDR Rules, the administrative fee schedule, guidelines for exchanges of information, practice notes and key AAA cooperation agreements with other institutions. Together, Gusy, Hosking and Schwarz form a strong author team of practitioners whose combined experience includes having co-chaired the ICDR's young Practitioner's group, collaborated with the ICDR and interviewed key ICDR senior management members.
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A Guide to the UNCITRAL Arbitration Rules

Author: Clyde Croft,Christopher Kee,Jeff Waincymer

Publisher: Cambridge University Press

ISBN: 1107328101

Category: Law

Page: N.A

View: 3340

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The first version of the UNCITRAL Arbitration Rules was endorsed by the General Assembly of the United Nations in December 1976. Now considered one of UNCITRAL's greatest successes, the rules have had an extraordinary impact on international arbitration as both instruments in their own right and as guides for others. The Iran-US Claims Tribunal, for example, employs a barely modified version of the rules for all claims, and many multilateral and bilateral foreign investment treaties adopt the UNCITRAL Rules as an arbitral procedure. The Rules are so pervasive and the consequences of the new version potentially so significant that they cannot be ignored. This commentary on the Rules brings the official documents together in one volume and includes the insights and experiences of the Working Group that are not included in the official reports.
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