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Due Process in International Commercial Arbitration

2005 Law
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Release : 2005
Genre : Law
Kind : eBook
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Book Synopsis Due Process in International Commercial Arbitration by : Matti Kurkela

Download or read book Due Process in International Commercial Arbitration written by Matti Kurkela. This book was released on 2005. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Due Process as a Limit to Discretion in International Commercial Arbitration

2020-09-25 Law
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Release : 2020-09-25
Genre : Law
Kind : eBook
Book Rating : 754/5 ( reviews)

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Book Synopsis Due Process as a Limit to Discretion in International Commercial Arbitration by : Franco Ferrari

Download or read book Due Process as a Limit to Discretion in International Commercial Arbitration written by Franco Ferrari. This book was released on 2020-09-25. Available in PDF, EPUB and Kindle. Book excerpt: The absence of a coherent body of case law on due process has increasingly motivated recalcitrant parties to use due process as a strategic tool, thereby putting at risk the prospect of obtaining an enforceable award in expeditious proceedings. Countering this inherent danger, here for the first time is a comprehensive study on due process as a limit to arbitral discretion, showing how due process applies in practice in key jurisdictions around the world. Based on country reports prepared by leading arbitration practitioners and academics, the book explores how courts in major arbitration jurisdictions apply due process guarantees when performing their post-award review. The contributors, driven by an interest in exploring the interplay between due process and efficiency, focus on those due process guarantees that set limits to arbitral discretion. Matters covered include the following: the right to be heard and how it may be affected by submission deadlines, evidentiary offers by the opposing party, and directions to the parties as to which aspects require further pleading; the right to be treated equally and its interplay with the duty to give each party full opportunity to present its case and to comment on submissions and evidence filed by the other party; the duty to effect proper notice, including delivery and language issues; the independence and impartiality of arbitrators with a focus on when an arbitrator’s conduct can become the basis for a successful challenge; and courts’ standards of deference when examining issues arising at the post-award stage. An introductory general report thoroughly analyses the normative basis of due process and its interplay with party autonomy, as well as applicable standards of review and commonalities among manifestations of due process across jurisdictions. A signal contribution to the debate regarding the so-called due process paranoia affecting arbitral tribunals – a topic relevant in every single arbitration proceeding – this book provides practical guidelines on how to maintain the balance between due process and efficiency and how to apply due process and counteract its misuse in arbitration proceedings. It will be welcomed by counsel, arbitrators, and judges from all countries, as well as by academics and researchers concerned with international commercial arbitration.

Transnational Due Process and Article V(1)(b) of the New York Convention

2024-06-18 Law
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Release : 2024-06-18
Genre : Law
Kind : eBook
Book Rating : 472/5 ( reviews)

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Book Synopsis Transnational Due Process and Article V(1)(b) of the New York Convention by : Dan Xie

Download or read book Transnational Due Process and Article V(1)(b) of the New York Convention written by Dan Xie. This book was released on 2024-06-18. Available in PDF, EPUB and Kindle. Book excerpt: Widely regarded as the most important ground for refusal under the 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention), Article V(1)(b), commonly referred to as the ‘due process’ clause, is interpreted in diverse ways across jurisdictions. This book not only thoroughly examines the variety of approaches to the clause adopted by different national courts but also presents a particular understanding of the transnational approach to the due process defence grounded in the interpretative framework of the Vienna Convention on the Law of Treaties. Drawing on insights and methods from comparative law that consider not only national legal systems but also international commercial arbitration and other international legal regimes, the author specifically leverages the principle of audiatur et altera pars and subsequent state practice. Among the matters examined are the following: threshold requirements for the due process defence; policy considerations of and relevant limits to the interpretation and application of the due process defence; proper notice of the appointment of the arbitrator or of the arbitration proceedings; opportunity to present a case and equal treatment; and the lex arbitri, lex fori, and uniform transnational approaches to the applicable law for the due process defence. The book includes a detailed comparative analysis of numerous domestic judicial decisions across jurisdictions. A comprehensive bibliography includes references to cases, awards, treaties, UN Documents, legislation, institutional rules, and soft laws. The book shows clearly how an understanding of transnational due process grounded in the interpretative framework mandated by international law can contribute to the uniform interpretation and application of Article V(1)(b), thus contributing to debates on the decentralised interpretation of international law by domestic courts. Resolving a range of practical questions about the precise content of the due process defence, the book’s stable and principled framework for interpreting the due process defence will be greatly appreciated by arbitration professionals. Judges will benefit from its endorsement of international judicial cooperation through the recognition and consideration of foreign court decisions, fostering a more harmonised interpretation of the New York Convention.

International Commercial Arbitration

2021-06-25 Law
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Release : 2021-06-25
Genre : Law
Kind : eBook
Book Rating : 793/5 ( reviews)

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Book Synopsis International Commercial Arbitration by : Franco Ferrari

Download or read book International Commercial Arbitration written by Franco Ferrari. This book was released on 2021-06-25. Available in PDF, EPUB and Kindle. Book excerpt: This indispensable book offers a concise comparative introduction to international commercial arbitration (ICA). With reference to recent case law from leading jurisdictions and up-to-date rules revisions, International Commercial Arbitration offers a thorough overview of the issues raised in arbitration, from the time of drafting of the arbitration clause to the rendering of the arbitral award and the post-award stage.

General Principles of Law and International Due Process

2017-02-15 Law
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Release : 2017-02-15
Genre : Law
Kind : eBook
Book Rating : 726/5 ( reviews)

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Book Synopsis General Principles of Law and International Due Process by : Charles T. Kotuby, Jr.

Download or read book General Principles of Law and International Due Process written by Charles T. Kotuby, Jr.. This book was released on 2017-02-15. Available in PDF, EPUB and Kindle. Book excerpt: Article 38 of the Statute of the International Court of Justice defines "international law" to include not only "custom" and "convention" between States but also "the general principles of law recognized by civilized nations" within their municipal legal systems. In 1953, Bin Cheng wrote his seminal book on general principles, identifying core legal principles common to various domestic legal systems across the globe. This monograph summarizes and analyzes the general principles of law and norms of international due process, with a particular focus on developments since Cheng's writing. The aim is to collect and distill these principles and norms in a single volume as a practical resource for international law jurists, advocates, and scholars. The information contained in this book holds considerable importance given the growth of inter-state intercourse resulting in the increased use of general principles over the past 60 years. General principles can serve as rules of decision, whether in interpreting a treaty or contract, determining causation, or ascertaining unjust enrichment. They also include a core set of procedural requirements that should be followed in any adjudicative system, such as the right to impartiality and the prohibition on fraud. Although the general principles are, by definition, basic and even rudimentary, they hold vital importance for the rule of law in international relations. They are meant not to define a rule of law, but rather the rule of law.

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