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Arbitration (International law) --- International law. --- Law of nations --- Nations, Law of --- Public international law --- Law --- Arbitration, International --- International arbitration --- International political arbitration --- Pacific settlement of international disputes --- International commissions of inquiry --- Jurisdiction (International law) --- Mediation, International
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The 2007 volume of Contemporary Issues in International Arbitration and Mediation - The Fordham Papers is a collection of important works in international arbitration and mediation written by the prominent speakers at the 2007 Fordham Law School Conference on International Arbitration and Mediation. The 24 papers are organized into the following five parts: Part I: Investor-State Arbitration Part II: Conduct of International Arbitration and Jurisdictional Issues Part III: Remedies and Defenses Part IV: Ethics Issues in International Arbitration Part V: Mediation
Arbitration and award, International --- Arbitration, International --- International arbitration --- International political arbitration --- Pacific settlement of international disputes --- International commissions of inquiry --- Jurisdiction (International law) --- Mediation, International --- Commercial arbitration, International --- International arbitration and award --- International commercial arbitration --- Arbitration and award --- Conflict of laws --- Law and legislation --- Arbitration (International law) --- Arbitrage (droit international privé) --- Droit international privé --- Médiation internationale --- Règlement pacifique des conflits internationaux
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International commercial arbitration --- Arbitration (International law) --- Mediation, International --- Arbitrage commercial international --- Arbitrage international --- Médiation internationale --- Congresses --- Congresses --- Congresses --- Congrès --- Congrès --- Congrès
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This title provides the reader with immediate access to understanding the world of international arbitration. Arbitration has become the dispute resolution method of choice in international transactions. This book explains how and why arbitration works. It provides the legal and regulatory framework for international arbitration, as well as practical strategies to follow and pitfalls to avoid. It is short and readable, but comprehensive in its coverage of the basic requirements, including changes in arbitration laws, rules, and guidelines. In the book, the author includes insights from numerous international arbitrators and counsel, who tell firsthand about their own experiences of arbitration and their views of the best arbitration practices. Throughout the book, the principles of arbitration are supported and explained by the practice, providing a concrete approach to an important means of resolving disputes.
Economic law --- International law --- Arbitration and award, International. --- Arbitration and award, International --- Commercial arbitration, International --- International arbitration and award --- International commercial arbitration --- Arbitration and award --- Conflict of laws --- Law and legislation --- Law --- General and Others --- International commercial arbitration.
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[1st ed.] This book examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious: criminal, antitrust, securities, discovery, and international humanitarian and human rights law. Since F.A. Mann's work in the 1980s, no analytical overview has been attempted of this crucial topic in international law: prescribing the admissible geographical reach of a State's laws. The need for such an overview has grown more pressing in recent years as the traditional framework of the law of jurisdiction, grounded in the principles of sovereignty and territoriality, has been undermined by piecemeal developments. Antitrust jurisdiction is heading in new directions, influenced by law and economics approaches; new EC rules are reshaping jurisdiction in securities law; the U.S. is arguably overreaching in the field of corporate governance law; and the universality principle has gained ground in European criminal law and U.S. tort law. Such developments have given rise to conflicts over competency that struggle to be resolved within traditional jurisdiction theory. This study proposes an innovative approach that departs from the classical solutions and advocates a general principle of international subsidiary jurisdiction. Under the new proposed rule, States would be entitled, and at times even obliged, to exercise subsidiary jurisdiction over internationally relevant situations in the interest of the international community if the State having primary jurisdiction fails to assume its responsibility. This book examines the international law of jurisdiction in the fields where it has been most contentious, including criminal, antitrust, and human rights law. It analyzes how traditional principles of sovereignty and territoriality have been undermined, and presents a new theory of international jurisdiction based on the concept of subsidiarity.
Jurisdiction (International law) --- Academic collection --- Domestic jurisdiction --- International jurisdiction --- Jurisdiction, Domestic --- Jurisdiction, International --- Arbitration (International law) --- International courts --- Royaume-Uni --- Etats-Unis --- Italie --- Allemagne --- France --- Belgique --- Espagne --- Pays-Bas
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Also available as an e-book Le droit de l’arbitrage, plus encore que le droit international privé, se prête à une réflexion de philosophie du droit. Les notions, essentiellement philosophiques, de volonté et de liberté sont au coeur de la matière. La liberté des parties de préférer aux juridictions étatiques une forme privée de règlement des différends, de choisir leur juge, de forger la procédure qui leur paraît la plus appropriée, de déterminer les règles de droit applicables au différend, quitte à ce qu’il s’agisse de normes autres que celles d’un système juridique donné, la liberté des arbitres de se prononcer sur leur propre compétence, de fixer le déroulement de la procédure et, dans le silence des parties, de choisir les normes applicables au fond du litige, soulèvent autant de questions de légitimité. Le présent ouvrage s’attache à identifier les postulats philosophiques qui sous-tendent la matière, à montrer leur profonde cohérence et les conséquences pratiques qui en découlent dans la résolution des grands contentieux du commerce international.
Arbitration (International law) --- Arbitrage international --- Arbitration and award, International --- Conflict of laws --- Philosophy --- Arbitration and award --- Arbitration and award, International -- Philosophy. --- Conflict of laws -- Arbitration and award -- Philosophy. --- International commercial arbitration --- Law, Politics & Government --- Law, General & Comparative --- Choice of law --- Intermunicipal law --- International law, Private --- International private law --- Private international law --- Law --- Legal polycentricity --- Commercial arbitration, International --- International arbitration and award --- Arbitration and award&delete& --- Civil law --- Law and legislation --- Philosophy. --- Arbitration and award, International - Philosophy --- Conflict of laws - Arbitration and award - Philosophy --- Arbitrage (droit international privé) --- Droit --- Droit international économique --- Droit commercial (droit international) --- Philosophie --- Sources
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Investor-State Arbitration describes the increasing importance of international investment and the necessary development of a new field of international law that defines the obligations of host states and creates procedures for resolving disputes. The authors examine the international treaties that allow investors to proceed with the arbitration of their claims, describe the most-commonly employed arbitration rules, and set forth the most important elements of investor-State arbitration procedure - including tribunal composition, jurisdiction, evidence, award, and challenge of annulment. The authors trace the evolution and rapid development of the field of international investment, including the formation of the International Center for the Settlement of Investment Disputes (ICSID), and the more than 2,000 bilateral investment treaties, most of which were entered into in the last twenty years. The authors explain how this development has led to far greater certainty for foreign investors in dealing with their host countries, as well as how it has incentivized growth in international trade and commerce.
Investments, Foreign (International law) --- Arbitration and award, International --- Arbitration and award, International. --- Investments, Foreign (International law). --- International commercial arbitration --- International investment law --- Investment law, International --- International law --- Commercial arbitration, International --- International arbitration and award --- Arbitration and award --- Conflict of laws --- Law and legislation
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Law of civil procedure --- Economic law --- International law --- Arbitration and award, International --- Congresses --- Conflict of laws --- International commercial arbitration --- Arbitrage (Droit international privé) --- Arbitrage commercial international --- Arbitration and award --- Union européenne --- Developing countries --- Commercial arbitration, International --- International arbitration and award --- Law and legislation --- Arbitration and award, International - Congresses
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