Arbitration Clauses for International Contracts 2nd Edition

Arbitration Clauses for International Contracts   2nd Edition Author Paul D. Friedland
ISBN-10 9781933833064
Year 2007-07-01
Pages 370
Language en
Publisher Juris Publishing, Inc.
DOWNLOAD NOW READ ONLINE

"This book, by a leading international arbitration practitioner, offers suggested language for every option that a drafter of an international arbitration clause may need. Following a succinct assessment of the choice between arbitration and litigation and commentary on the choices among arbitration fora and formats, the author presents an accessible how-to for drafting. While other works offer theory and a smattering of drafting tips, there is no other comprehensive collection of workable language, presented accessibly with easy-to-reference appendices. This book will be a standard reference for both in-house counsel and outside practitioners. This book provides, in an accessible format, clauses that address all the significant issues that contracting parties face, and in any event should consider, when they decide to draft a dispute resolution clause for an international contract. Those who wish immediate access to suggested language may turn directly to the Appendices. Those who wish to understand the analysis that leads to the suggested language should read the text."--Publisher's website.

The Freshfields Guide to Arbitration and ADR Clauses in International Contracts

The Freshfields Guide to Arbitration and ADR Clauses in International Contracts Author Jan Paulsson
ISBN-10 9789041112262
Year 1999-08-26
Pages 175
Language en
Publisher Kluwer Law International
DOWNLOAD NOW READ ONLINE

With this newly updated edition of the Freshfields Guide to Arbitration Clauses in International Contracts - still in the concise, attractive format that made the original so popular - lawyers and business people will confidently negotiate contracts that ensure a speedy, clear-cut resolution of any dispute likely to arise. Taking into account the many significant developments in the law and practice of international arbitration that have occurred over the years since the previous editions, it offers: ; clear, uncomplicated contract-drafting advice, derived from the authors' wide-ranging practical experience; model clauses that ensure the effectiveness of dispute resolution provisions - and avoid pitfalls, and important reference materials.

Arbitration Rules National Institutions 2nd Edition

Arbitration Rules National Institutions 2nd Edition Author Loukas A. Mistelis
ISBN-10 9781933833552
Year 2010-04-01
Pages 624
Language en
Publisher Juris Publishing, Inc.
DOWNLOAD NOW READ ONLINE

As national arbitration institutions have proliferated and grown, they are more and more frequently being named in international agreements. This unique reference covers the full text of each institution’s rules and provides extensive commentary and analysis on each institution and its rules in practice.

Arbitration in Asia 2nd Edition

Arbitration in Asia   2nd Edition Author Michael J. Moser
ISBN-10 9781933833200
Year 2008-09-01
Pages 850
Language en
Publisher Juris Publishing, Inc.
DOWNLOAD NOW READ ONLINE

Asia has witnessed an extraordinary growth in the use of international arbitration in the past two decades. Arbitration in Asia is an ideal reference to guide practitioners and business people in the proper selection of a suitable arbitral seat or jurisdiction in Asia. The book includes substantive chapters reflecting detailed commentary and analysis on 18 Asian jurisdictions from the area's leading arbitration practitioners and experts. The materials in this looseleaf volume provide a practical reference guide and resource tool for the law and practice of international commercial arbitration in Asia.

The Freshfields Guide to Arbitration Clauses in International Contracts

The Freshfields Guide to Arbitration Clauses in International Contracts Author Jan Paulsson
ISBN-10 9789041134004
Year 2011
Pages 177
Language en
Publisher Kluwer Law International
DOWNLOAD NOW READ ONLINE

With this newly updated edition of the Freshfields Guide to Arbitration Clauses in International Contracts - still in the concise, attractive format that made the original so popular - lawyers and business people will confidently negotiate contracts that ensure a speedy, clear-cut resolution of any dispute likely to arise. Taking into account the many significant developments in the law and practice of international arbitration that have occurred over the years since the previous editions, it offers: ; clear, uncomplicated contract-drafting advice, derived from the authors' wide-ranging practical experience; model clauses that ensure the effectiveness of dispute resolution provisions - and avoid pitfalls, and important reference materials.

A Guide to the SIAC Arbitration Rules

A Guide to the SIAC Arbitration Rules Author Lucy Reed
ISBN-10 0199657211
Year 2013-12
Pages 368
Language en
Publisher OUP Oxford
DOWNLOAD NOW READ ONLINE

A rule-by-rule examination of the inception, interpretation, and application of these influential rules, this is the principal text for all who arbitrate in Singapore. Written by experienced practitioners, with the benefit of assistance from the SIAC Secretariat, it is an authoritative companion for hearings in this fast-growing seat.

International Arbitration and Forum Selection Agreements

International Arbitration and Forum Selection Agreements Author Gary Born
ISBN-10 9789041132697
Year 2010
Pages 403
Language en
Publisher Kluwer Law International
DOWNLOAD NOW READ ONLINE

International Arbitration and Forum Selection Agreements: Drafting and Enforcing is a concise, practical primer on the fundamentals of drafting and enforcing international arbitration agreements and other dispute resolution clauses. Drawing on a wealth of practical experience and academic analysis, this extensively revised and expanded third edition offers model arbitration and forum selection clauses for international contracts and explains the advantages and disadvantages of different approaches. The primer is an essential resource for any international practitioner or corporate counsel engaged in international matters.

Arbitration and Renegotiation of International Investment Agreements A Study with Particular Reference to Means of Conflict Avoidance Under Natural Resources Investment Agreements

Arbitration and Renegotiation of International Investment Agreements A Study with Particular Reference to Means of Conflict Avoidance Under Natural Resources Investment Agreements Author Wolfgang Peter
ISBN-10 9789041100375
Year 1995-06-08
Pages 458
Language en
Publisher Kluwer Law International
DOWNLOAD NOW READ ONLINE

This book is a second, revised edition of the original 1986 publication. Since then, the issue of contract change has increasingly challenged the business community and legal practitioners. The world-wide recession may well have accelerated the need to secure contractual relationships by reasonable flexibility. Successful foreign investment, a relentless challenge, is subject to many unpredictable errors. Of all these variables, however, successful investment is most dependent on the investor-host country relationship, which is the object of the present study. In particular, the pressure by host countries for contract change and its counterpart: the investor's defence of contract stability. The book is essentially a reference handbook for legal practitioners. It analyzes a variety of increasingly important questions concerning international investment agreements that come under pressure for change by one of the contracting parties: either a transnational corporation or a host country government. The seven case studies and the analytical chapters which follow are based on the author's research and the assistance of corporate and government officials, experts from the United Nations and other organizations, and members of academic research institutes.

Due Process in International Commercial Arbitration

Due Process in International Commercial Arbitration Author Matti Kurkela
ISBN-10 STANFORD:36105064115947
Year 2005
Pages 485
Language en
Publisher Oxford University Press
DOWNLOAD NOW READ ONLINE

This unique guide aids arbitration counsel and arbitrators alike by identifying a uniform universal procedural code for international commercial arbitration. Moving beyond institution or jurisdictionally-specific analysis to the global, this treatise examines and reconciles the principles of international due process as they continue to emerge. More than just a useful exercise, this approach of finding a unifying arbitration principle in light of the diversity of national traditions is expected to become the standard procedure in arbitral law.

Law of International Contracting

Law of International Contracting Author Larry A. DiMatteo
ISBN-10 9789041124418
Year 2009
Pages 633
Language en
Publisher Kluwer Law International
DOWNLOAD NOW READ ONLINE

Now also available as eBook. For more than a decade this prized guide has served practitioners handling the legal ramifications of international contracting projects. The Third Edition thoroughly describes the new and ever-changing concepts and procedures that continue to redefine the searching, drafting, and execution of international contracts. More profoundly, it takes fully into account the impact of the financial crisis of 2008 on the legal profession, the regulatory system, and how we view certain types of contractual instruments. All the invaluable features of earlier editions are of course still here, including analysis of key contract issues unique to various types of contracting, common contract clauses (such as choice of law and dispute resolution clauses), contract checklists, insights gleaned from actual cases and arbitral proceedings, and clear explanation of the principles of good contract drafting. The major relevant international conventions, model laws, pertinent national laws, legal guides, and other documents and instruments are all covered, with primary texts provided in appendices. The bibliography (including online sources) is once more greatly expanded and enhanced. The Third Edition introduces the idea of proactive or strategic contracting, and adds a new chapter on confidentiality, nondisclosure agreements, and covenants not to compete. Other new and updated material examines such issues and topics as the following: anti-bribery clauses; "garden leave" clauses; strategic posturing; countertrade; guarantees of performance; mediation rules; performance bonds; and contract interpretation. Updates on relevant developments worldwide include new material on China, the European Union (including the important Common European Sales Law), Germany, Scandinavia, Russia, and Australia. The important new United Nations Convention on the Use of Electronic Communications in International Contracts is also covered. Given the legal liability that can result from the failure to take private international law developments into account, this book is not only valuable but necessary. As an adroit combination of up-to-date theoretical underpinning and eminently practical guidance, the book will continue to serve practitioners well in this latest edition.

International Commercial Arbitration International and USA Spectscommentary and Materials

International Commercial Arbitration International and USA Spectscommentary and Materials Author Gary Born
ISBN-10 9789041115591
Year 2001-04-26
Pages 1149
Language en
Publisher Kluwer Law International
DOWNLOAD NOW READ ONLINE

The revised and expanded Second Edition of Gary Born's landmark treatise International Commercial Arbitration provides the most detailed and up-to-date commentary, case analyses, and practice pointers available to practitioners and academics today. with full annotations and footnotes for invaluable research assistance, and clearly-written analyses that identify and discuss critical issues, it is an invaluable guide to the actual practice of international commercial arbitration anywhere in the world, by one of the field's most experienced practitioners. International Commercial Arbitration, Second Edition, examines the procedural aspects of international arbitration in contemporary practice; provides excerpts of representative international arbitral awards and national court decisions; and makes abundant reference to leading institutional rules as they are brought to bear on specific fact situations. It discusses in detail all leading international practices and legal sources relating to international commercial arbitration, including the New York and Inter-American Conventions, the UNCITRAL Model Law and other national arbitration legislation, and all leading institutional arbitration rules. It also expands and updates the First Edition's authoritative treatment of international arbitration by U.S. and other national courts. Divided into three parts--international arbitration agreements, international arbitral procedures, and international arbitration awards--the treatise explores each topic in detail, dealing with both legal and practical issues under leading international and national legal regimes. Through excerpts of key court decisions and detailed analysis, it thoroughly covers the role of U.S. courts in enforcing international arbitration agreements under the Federal Arbitration Act, providing an invaluable guide to the enforceability of international arbitration awards in U.S. courts and the role of U.S. courts in granting provisional remedies, selecting arbitrators and arbitral situses, ordering discovery, and otherwise providing judicial support for the international arbitral process. Note: North America: Sales Exclusive by Transnational Publishers, Inc.

International Arbitration Law

International Arbitration Law Author Mauro Rubino-Sammartano
ISBN-10 9789041114259
Year 2001-04-25
Pages 1058
Language en
Publisher Kluwer Law International
DOWNLOAD NOW READ ONLINE

This greatly expanded, revised, and updated edition of an arbitration classic reaffirms the author's distinctive approach in the context of the burgeoning global use of arbitration as the preferred means of dispute resolution. Focusing on the systematic procedural aspects that have developed from a remarkable convergence of legal systems - making arbitration today truly international rather than merely a proceedings in which the parties are of different nationality - Professor Rubino-Sammartano offers a uniquely valuable and useful book; ideal for both study and practice. In addition to the penetrating procedural and substantive analysis that characterized the First Edition, this new edition features the following: New chapters on UNCITRAL arbitration, recognition, and enforcement under the New York Convention, ex bono et aequo decisions and amiable compositeur, the Brussels Convention and arbitration, documents only arbitration, speed in arbitration, venue, breach of due process, and cost interest and damages. A wealth of new material on arbitration of commercial disputes between a State and a private party. A new solution to conflicts problems using the doctrine of the tronc commun. A formula of appeal with a de novo review and a self-executing mechanism. Expert discussion of the idea of a new supranational arbitration court of appeal.

Practice of International Litigation Second Edition

Practice of International Litigation   Second Edition Author Lawrence W. Newman
ISBN-10 9781929446346
Year 2013-12-01
Pages 1400
Language en
Publisher Juris Publishing, Inc.
DOWNLOAD NOW READ ONLINE

A practice-oriented guide for any lawyer involved in litigation or arbitration in the United States but who faces issues that go beyond its borders. Both international litigation and arbitration are extensively covered in this work. The chapters revolve around the practical problems which face the litigator - service of proceedings, discovery, the obtaining of evidence and enforcement of judgments and awards. In addition, some important topics in substantive law are addressed.

Contract Law in New Zealand

Contract Law in New Zealand Author Stephen Todd
ISBN-10 9789041136411
Year 2011
Pages 302
Language en
Publisher Kluwer Law International
DOWNLOAD NOW READ ONLINE

Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in New Zealand covers every aspect of the subject - definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations. An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of 'consideration' or 'cause' and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of 'relative effect', termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in New Zealand will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law.