Arbitration Awards

A Practical Approach

Author: Ray Turner

Publisher: John Wiley & Sons

ISBN: 1405144807

Category: Technology & Engineering

Page: 264

View: 4601

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‘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.
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A Practical Approach to Alternative Dispute Resolution

Author: Susan Blake,Julie Browne,Stuart Sime

Publisher: Oxford University Press (UK)

ISBN: 0198714475

Category: Law

Page: 595

View: 2037

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A Practical Approach to Alternative Dispute Resolution provides a comprehensive and easily digestible commentary on all the major areas of ADR. 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 second edition has been brought fully up to date on current practice and issues affecting ADR, including the development of the role of the Civil Mediation Council, online ADR options, and the forthcoming implementation of the Jackson Review reforms. The book's expanded coverage also makes it a suitable text for LLM courses on ADR. Online Resource Centre - Updates to cases and procedures, including the implementation of the EU Directive on Mediation - Useful links for each chapter - Diagrams and figures from the book
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A Practical Approach to Alternative Dispute Resolution

Author: Stuart Sime

Publisher: Oxford University Press

ISBN: 0198747667

Category:

Page: 672

View: 7912

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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
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A Practical Approach to Arbitration Law

Author: Andrew Tweeddale,Keren Tweeddale

Publisher: Blackstone Press

ISBN: N.A

Category: Law

Page: 446

View: 1738

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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.
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A Practical Approach to Civil Procedure

Author: Stuart Sime

Publisher: Oxford University Press

ISBN: 0198747675

Category:

Page: 696

View: 5362

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Trusted by generations of students and litigators, A Practical Approach to Civil Procedure is the perfect guide through the complex procedural requirements employed in the civil courts. Written by an expert in the field and co-editor of Blackstone's Civil Practice, the book provides a wide-ranging and detailed overview of the key statutory provisions, rules, practice directions, and case law which govern the various stages of a civil litigation claim, making it essential reading for students and newly-qualified litigators. Taking a thoroughly practical focus throughout, the book charts the progress of a typical civil litigation claim, from funding litigation and issuing and serving proceedings, through to trial, enforcement and appeal. Full coverage of alternative dispute resolution is also included. Relevant sample documentation is featured throughout and introduces the reader to the forms and documents which will be encountered in practice, while key point summaries featured at the end of chapters highlight the essential points covered. Updated annually, this nineteenth edition has been fully revised to incorporate coverage of ongoing changes in civil procedure, including developments to the rules and their impact on areas such as costs and funding. Online Resource Centre A range of web links to key related sources support students looking to read around the subject and develop their understanding.
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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: 9100

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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.
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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: 5624

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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.
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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: 6194

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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.
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Practitioner's Handbook on International Commercial Arbitration

Author: Frank-Bernd Weigand

Publisher: OUP Oxford

ISBN: 0191579971

Category: Law

Page: 1848

View: 7226

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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.
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