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Book
The culture of international arbitration
Author:
ISBN: 9780199973927 0199361924 0199973938 0190667427 019997392X Year: 2017 Publisher: New York: Oxford university press,

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Abstract

Although international arbitration has emerged as a credible means of resolution of transnational disputes involving parties from diverse cultures, the effects of culture on the accuracy, efficiency, fairness, and legitimacy of international arbitration is a surprisingly neglected topic within the existing literature. The Culture of International Arbitration fills that gap by providing an in-depth study of the role of culture in modern day arbitral proceedings. It contains a detailed analysis of how cultural miscommunication affects the accuracy, efficiency, fairness, and legitimacy in both commercial and investment arbitration when the arbitrators and the parties, their counsel and witnesses come from diverse legal traditions and cultures. The book provides a comprehensive definition of culture, and methodically documents and examines the epistemology of determining facts in various legal traditions and how the mixing of traditions influences the outcome. By so doing, the book demonstrates the acute need for increasing cultural diversity among arbitrators and counsel while securing appropriate levels of cultural competence. To provide an accurate picture, Kidane conducted interviews with leading international jurists from diverse legal traditions with first-hand experience of the complicating effects of culture in legal proceedings. Given the insights and information on the rules and expectations of the various legal traditions and their convergence in modern day international arbitration practice, this book challenges assumptions and can offer a unique and useful perspective to all practitioners, academics, policy makers, students of international arbitration.


Book
Transnational legality : stateless law and international arbitration
Author:
ISBN: 0191747793 0191511277 0191511285 9780191511271 0199641951 9780199641956 Year: 2014 Publisher: Oxford : Oxford University Press,

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Abstract

International law can be created by other means than treaties between states. This book investigates the philosophical questions posed by the treatment of international arbitration as law, such as those relating to sovereignty and territoriality, and sets out conditions which international arbitration must meet in order to form legitimate law.


Periodical
Asian international arbitration journal : AIAJ.
Author:
ISSN: 18756549 Year: 2005 Publisher: Singapore : LexisNexis : SIAC


Book
Yearbook. : commercial arbitration
Authors: ---
ISBN: 9041142991 9041133674 Year: 2011 Publisher: Alphen aan den Rijn, The Netherlands : Kluwer Law International,


Book
Yearbook commercial arbitration : volume xl 2015
Authors: ---
ISBN: 9041159479 9041159452 Year: 2016 Publisher: Alphen aan den Rijn, Netherlands : Kluwer Law International,


Book
Yearbook commercial arbitration.
Authors: ---
ISBN: 9403520353 9403520337 Year: 2020 Publisher: Alphen aan den Rijn, The Netherlands : Kluwer Law International B.V.,


Book
The future of investment treaty arbitration in the eu : intra-eu bits, the energy charter treaty, and the multilateral investment court
Authors: ---
ISBN: 9403512814 9403512857 9403512938 Year: 2020 Publisher: Alphen aan den Rijn, Netherlands : Kluwer Law International,

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Abstract

In March 2018, the Court of Justice of the European Union (EU) ruled in Achmea that investor-state dispute resolution provisions in intra-EU bilateral investment treaties (BITs) are incompatible with EU law and ipso facto invalid. In January 2019, EU Member States issued Declarations on the Legal Consequences of the Judgment in Achmea undertaking to take steps formally to terminate intra-EU BITs. However, at present, there is no consensus among them on the implications of Achmea on the Energy Charter Treaty, the multilateral energy treaty to which the EU and its Member States are all parties. Many EU law scholars consider the Achmea judgment as the death knell to intra-EU investment treaty arbitrations. Some have even predicted the end of Investor-State Dispute Settlement itself. Investment treaty and public international law scholars and legal practitioners, however, have a different view of the schism now growing between EU and international law. 'The Future of Investment Treaty Arbitration in the EU' examines the current and the proposed new framework for investment protection in the EU and internationally, with a particular focus on investment treaty arbitration and energy-related investments.


Book
Autonomous Versus Domestic Concepts under the New York Convention
Authors: ---
ISBN: 9403531746 9789403531731 9403531754 9403531738 Year: 2021 Publisher: Alphen aan den Rijn : Wolters Kluwer Law International,


Book
Sobreviviendo en el arbitraje internacional : historias de guerra y lecciones aprendidas
Authors: --- ---
ISBN: 9403518111 9403518553 9403517603 Year: 2020 Publisher: Alphen aan den Rijn, Netherlands : Kluwer Law International,

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Abstract

Surviving in the Field of International Arbitration, published as a convenient English-Spanish bilingual edition, is a comprehensive description of what happens behind the scenes in the international arbitration world. For young lawyers and students contemplating a career in international arbitration, understanding what it takes to be successful in the field can seem hidden and mysterious. Here is a book that, in a thoroughly engaging way, unlocks the black box and democratizes access to advice and information via short personal chapters by leading practitioners. This book analyses the reality of counsels and arbitrators from a refreshing and pragmatic perspective.


Book
Excess of Powers in International Commercial Arbitration : Compliance with the Arbitral Tribunal's Mandate in a Comparative Perspective
Author:
ISBN: 9460945120 9462369917 Year: 2021 Publisher: The Hague, The Netherlands : Eleven International Publishing,

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