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Towards a Uniform International Arbitration Law?

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Release : 2012-04-01
Genre : Law
Kind : eBook
Book Rating : 675/5 ( reviews)

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Book Synopsis Towards a Uniform International Arbitration Law? by : Emmanuel Gaillard

Download or read book Towards a Uniform International Arbitration Law? written by Emmanuel Gaillard. This book was released on 2012-04-01. Available in PDF, EPUB and Kindle. Book excerpt: The growing acceptance of the concept of transnational rules, be they substantive or procedural, has directly contributed to a substantial decrease of the influence of local norms. Transnational principles often override domestic law, and the arbitral process sometimes takes precedence over court decisions. Moreover, the exceptional development of investment arbitration has called into question traditional values of commercial arbitration such as confidentiality and the privity of arbitral proceedings. Widespread publication of awards rendered has also rejuvenated the debate on the value of arbitral awards as precedents. This book critically explores the extent to which these phenomena contribute to the creation of a truly uniform international arbitration law.

Towards a Uniform Approach to Confidentiality of International Commercial Arbitration

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Release : 2019-06-11
Genre : Law
Kind : eBook
Book Rating : 03X/5 ( reviews)

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Book Synopsis Towards a Uniform Approach to Confidentiality of International Commercial Arbitration by : Elza Reymond-Eniaeva

Download or read book Towards a Uniform Approach to Confidentiality of International Commercial Arbitration written by Elza Reymond-Eniaeva. This book was released on 2019-06-11. Available in PDF, EPUB and Kindle. Book excerpt: The book deals with confidentiality as one of the most controversial issues in international commercial arbitration. On the one hand, it is widely recognized that confidentiality is an important advantage of arbitration which contributes to its attractiveness. On the other hand, there is no uniform regulation in national legislations, arbitration rules, and other relevant sources as to the scope or even to the existence of a duty of confidentiality. A uniform approach to confidentiality of international commercial arbitration is possible. The best way to achieve it would be through harmonization of national arbitration laws which should impose a confidentiality obligation subject to certain exceptions. The purpose of maintaining confidentiality would be to protect primarily the parties from undesirable leaks that can be avoided and to protect arbitration as an institution. As to a systematic publication of arbitral awards without identifying the parties’ identity, it is desirable and should be the goal.

Towards a Uniform International Arbitration Law?

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Release : 2005
Genre :
Kind : eBook
Book Rating : /5 ( reviews)

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Book Synopsis Towards a Uniform International Arbitration Law? by : International Arbitration Institute

Download or read book Towards a Uniform International Arbitration Law? written by International Arbitration Institute. This book was released on 2005. Available in PDF, EPUB and Kindle. Book excerpt:

Arbitration Law in America

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Release : 2006-01-09
Genre : Business & Economics
Kind : eBook
Book Rating : 822/5 ( reviews)

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Book Synopsis Arbitration Law in America by : Edward J. Brunet

Download or read book Arbitration Law in America written by Edward J. Brunet. This book was released on 2006-01-09. Available in PDF, EPUB and Kindle. Book excerpt: This is a book about changing the terms of American Arbitration Law. The book contains individual views of the four co-authors and criticisms of the individual recommendations of the authors. The book contains point and counterpoint and numerous controversial ideas. The authors present the competing arguments on some of the most controversial topics in arbitration---arbitration of employment disputes between employers and their former employees and arbitration of disputes between consumers and product sellers.

Towards a Science of International Arbitration

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Release : 2005-01-01
Genre : Law
Kind : eBook
Book Rating : 229/5 ( reviews)

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Book Synopsis Towards a Science of International Arbitration by : Christopher R. Drahozal

Download or read book Towards a Science of International Arbitration written by Christopher R. Drahozal. This book was released on 2005-01-01. Available in PDF, EPUB and Kindle. Book excerpt: Most books on international commercial arbitration approach the subject through legal theory supported by anecdotal evidence. This remarkable book is distinguished by its focus on the application of quantitative empirical research to the study of international arbitration. It collects, together with commentary, the existing empirical literature on the subject, and also presents several studies published here for the first time. Beginning with a basic overview of the methods of empirical research (surveys, observational studies, experimental studies), the book goes on to reprint the existing empirical studies under six headings: why parties agree to arbitrate; arbitration clauses; arbitral procedures; arbitrator selection; rules of decision and applicable law; and, arbitration awards. Written in an easily accessible, non-technical manner, Towards a Science of International Arbitration provides the starting point for future empirical research on international arbitration by collecting the existing empirical literature in one place and by suggesting possible topics for research. It will be of inestimable value to lawyers and others involved in international dispute resolution, whether as arbitrators, parties, party representatives, or in-house counsel, as well as to academics interested in methods of resolving disputes in international commerce.

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