The Vienna Rules: A Commentary on International Arbitration in Austria Ebook
Abstract: This research aims to ascertain whether and to what extent cultural issues impact the accessibility and effectiveness of international arbitration. It then focuses on the effect of social and legal culture on international Dalhuisen, J. Where is it Going?
Abstract: International arbitration is popular but its continued success is not assured. There are serious challenges. Judicialisation, public policy issues, and third party effect are major threats to credibility and legitimacy. The situation is coming to a head in foreign investment arbitration but a different or Mistelis, L.
What Else? Abstract: This paper argues that arbitration is not intrinsically efficient but may be efficient by design. It also argues that the quest for efficiency creates a tension between party autonomy and the desire of arbitral institutions, several authors and users to attribute to arbitration systemic qualities. The paper Van Hooijdonk, M. Demeyere ed. Bookman, P. Kryvoi, Y.
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Sussman, E. Kalicki and M. Raouf, eds. Abstract: While guerrilla tactics in arbitration such as fabricated or illegally obtained evidence are not new, cyber intrusion requires a review of pertinent issues that might arise in the course of a proceeding where fabricated or illegally obtained evidence is made possible by virtue of cyber intrusion. This article seeks Vanderbilt Law Review , Forthcoming. Those pro-arbitration and anti-litigation policies are considered Nazzini, R.
Abstract: The Article explores whether a judgment rejecting a challenge of the award at the seat of the arbitration or granting or refusing enforcement gives rise to an estoppel in further enforcement proceedings. An estoppel would preclude the party opposing enforcement from relitigating issues that Yates, C. Abstract: Manifest disregard is a common law reason for not enforcing an arbitration award. This principle applies when the arbitrator knew and understood the law, but the arbitrator disregarded the applicable law.
Presently, the United States Supreme Court has not made a definite decision on whether manifest Crawford, J. Abstract: This article will focus on the expansion of expectations of the arbitrator in the cognate fields of international commercial arbitration and investment treaty arbitration.
Abstract: This chapter makes the simple point that if arbitral lawmaking is not legitimate to the actors who can change that lawmaking, it will likely be unstable and change. Obvious as the point may sound, it helps frame legitimacy debates in international arbitration in a way that makes them practically valuable: it Thapa, S. Abstract: Before moving on to the understanding of Blockchain Arbitration, it is imperative to understand what smart contracts are and how they work. Smart contracts were first proposed by Nick Szabo, who coined the term, in Smart Contracts can be defined as a set of promises, specified in the digital Pauwelyn , J.
Electronic Library on International Commercial Law and the CISG
Abstract: States and international tribunals are in a love-hate relationship. States routinely agree to third-party adjudication. The existence of compulsory dispute settlement may also have a Nottage, L. Bjorklund et al. Rogers, C. Abstract: In virtually every sector of modern business, data is enhancing if not replacing intuition as the basis for making decisions.
In selecting international arbitrators, however, intuition still predominates. Abstract: If James Bond practiced law, it would be international arbitration.
Just consider how many international arbitrations would make great plots for a James Bond movie. With this starting premise, this essay uses the metaphor, combined with the cinema-ready drama of actual arbitration Abstract: Appointing authorities wield tremendous power in international arbitration. This Chapter examines three phenomena concerning appointing authorities that have occurred in recent arbitrations: self-appointment where the appointing authority appoints him or herself to the tribunal ; party Abstract: This issue features innovation and disruption in international arbitration.
It outlines legal technologies as Artificial Intelligence, Blockchain technology and Smart Contracts. Arbitration is well-placed to utilize and benefit from new legal technologies, in particular online dispute resolution and Big Data. Schultz, and F. Abstract: This chapter constitutes a heuristic exercise meant to re-imagine international courts and arbitral tribunals as bureaucratic bodies controlling the social reality created by the definitional categories of international law. It primarily claims that, in performing their wide variety of functions, international Park, W. Rovine ed.
Memorializing the experience of those who sit as arbitrators or serve as counsel, such Nappert, S. Zarra, G. Abstract: This article analyzes the possibility to award punitive damages in international arbitration.
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Now in its fourth edition, the Handbook contains a page article-by-article commentary on the Rules, ICC Notes and practice and developments in case law and soft law. By using this website, you agree. More Information. General information. Now in its fourth edition, the Handbook contains a page article-by-article commentary on the Rules, ICC Notes and practice and developments in case law and soft law. Written by practitioners based on experience as arbitrators and counsel in dozens of cases each year, this handbook reflects the latest practice in ICC arbitration.
Buchempfehlung: Aufrechnung und Widerklage im Schiedsverfahren - zu beziehen bei Manz. Buchempfehlung: Costs in International Arbitration - zu beziehen bei Linde international.