Listing 1 - 10 of 33 << page
of 4
>>
Sort by

Book
A guide to the PCA arbitration rules
Authors: --- ---
ISBN: 019968068X 9780199680689 Year: 2014 Publisher: Oxford: Oxford university press,

Loading...
Export citation

Choose an application

Bookmark

Abstract


Book
A guide to the PCA arbitration rules
Authors: --- ---
ISBN: 0191501999 0198801246 Year: 2014 Publisher: OUP Oxford

Loading...
Export citation

Choose an application

Bookmark

Abstract

This is a guide to and commentary on the new procedural rules for arbitration adopted by the Permanent Court of Arbitration (PCA) in December 2012. The PCA is a unique arbitral institution - an intergovernmental organization counting over one hundred member states - with a rapidly growingannual caseload of arbitrations involving various combinations of states, state entities, intergovernmental organizations, and private parties. The 2012 PCA Rules are the most recent set of arbitral rules from any institution, and constitute a consolidation of four sets of PCA Rules drafted in the1990s, and updated in light of PCA experience and the revision of other procedural regimes. They include special provisions adapted to arbitrations involving public entities and a number of novel provisions drafted on the basis of the PCA's experience administering arbitrations. In recent years, thePCA caseload has expanded to the extent that the total amount in dispute in PCA cases is estimated to be greater than that in any other arbitral institution, increasing the need for a comprehensive guide to arbitration under its auspices.This text benefits from the unparalleled insights of its three co-authors, all of whom are PCA lawyers, one of whom is the Deputy Secretary-General of the PCA, and a member of the drafting committee for the 2012 PCA Rules. An introductory chapter, describing the mandate for the revised rules fromthe PCA member states, as well as the drafting process itself, is followed by a rule-by-rule analysis following the familiar structure of the rules themselves. This analysis is split into four sections: the introductory rules; the composition of the arbitral tribunal; arbitral proceedings; and theaward. The comprehensive appendices are intended to reduce the need for recourse to other materials and provide a stand-alone resource.


Book
Litigating international law disputes
Author:
ISBN: 1139898442 113991412X 1139904388 113990244X 113906200X 1139910191 1139921932 1139918044 113990633X 9781139921930 9781139062008 9781139910194 9781107017061 1107017068 Year: 2014 Publisher: Cambridge Cambridge University Press

Loading...
Export citation

Choose an application

Bookmark

Abstract

Litigating International Law Disputes provides a fresh understanding of why states resort to international adjudication or arbitration to resolve international law disputes. A group of leading scholars and practitioners discern the reasons for the use of international litigation and other modes of dispute settlement by examining various substantive areas of international law (such as human rights, trade, environment, maritime boundaries, territorial sovereignty and investment law) as well as considering case studies from particular countries and regions. The chapters also canvass the roles of international lawyers, NGOs, and private actors, as well as the political dynamics of disputes, and identify emergent trends in dispute settlement for different areas of international law.


Book
Transnational legality
Author:
ISBN: 0191747793 0191511277 0191511285 9780191511271 0199641951 9780199641956 Year: 2014 Publisher: Oxford

Loading...
Export citation

Choose an application

Bookmark

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.


Book
Assessing the effectiveness of international courts
Author:
ISBN: 0191749087 0191640220 Year: 2014 Publisher: Oxford : Oxford University Press,

Loading...
Export citation

Choose an application

Bookmark

Abstract

During the last 20 years the world has experienced a sharp rise in the number of international courts and tribunals, and a correlative expansion of their jurisdictions. This book draws on social sciences to provide a clear, goal-orientated assessment of their effectiveness, and a critical evaluation of the quality of their performance.


Book
The application of substantive law by international arbitrators
Authors: ---
ISBN: 9041174206 9041161015 Year: 2014 Publisher: Paris, France : International Chamber of Commerce,


Book
The South China Sea arbitration : a Chinese perspective
Authors: ---
ISBN: 1474201938 1782253750 Year: 2014 Publisher: Oxford, United Kingdom : Hart Publishing,

Loading...
Export citation

Choose an application

Bookmark

Abstract

On 22 January 2013, the Republic of the Philippines instituted arbitral proceedings against the People's Republic of China (PRC) under the United Nations Convention on the Law of the Sea (UNCLOS) with regard to disputes between the two countries in the South China Sea (South China Sea Arbitration). On 19 February 2013, the PRC formally expressed its opposition to the institution of proceedings, making it clear from the outset that it will not have any part in these arbitral proceedings and that this position will not change. It is thus to be expected that over the next year and a half, the Tribunal will receive written memorials and hear oral submissions from the Philippines only. The Chinese position will go unheard. However, the Tribunal is under an obligation, before making its award, to satisfy itself not only that it has jurisdiction over the dispute, but also that the claims brought by the Philippines are well founded in fact and law (UNCLOS Annex VII, Article 9).This book aims to offer a (not the) Chinese perspective on some of the issues to be decided by the Tribunal and thus to assist the Tribunal in meeting its obligations under the Convention. The book does not set out the official position of the Chinese government, but is rather to serve as a kind of amicus curiae brief advancing possible legal arguments on behalf of the absent respondent. The book does not deal with the merits of the disputes between the Philippines and the PRC, but focuses on the questions of jurisdiction, admissibility and other objections which the tribunal will have to decide as a preliminary matter. The book will show that there are insurmountable preliminary objections to the Tribunal deciding the case on the merits and that the Tribunal would be well advised to refer the dispute back to the parties in order for them to reach a negotiated settlement.The book brings together scholars of public international law from mainland China, Taiwan and Europe united by a common interest in the law of the sea and disputes in the South China Sea


Book
Fraudulent evidence before public international tribunals
Authors: ---
ISBN: 1139950738 1139962426 1139949683 1139961365 1107478057 1139957120 1139959247 113996030X 1139958194 9781139958196 9781107478053 9781107063396 1107063396 9781107636521 1107636523 Year: 2014 Publisher: New York

Loading...
Export citation

Choose an application

Bookmark

Abstract

Domestic lawyers are, above all, officers of the court. By contrast, the public international lawyer representing states before international tribunals is torn between loyalties to the state and loyalties to international law. As the stakes increase for the state concerned, the tension between these loyalties can become acute and lead to practices that would be condemned in developed national legal systems but have hitherto been ignored by international tribunals in international legal scholarship. They are the 'dirty stories' of international law. This detailed and contextually sensitive presentation of eight important cases before a variety of public international tribunals dissects some of the reasons for the resort to fraudulent evidence in international litigation and the profession's baffling reaction. Fraudulent evidence is resorted to out of greed, moral mediocrity or inherent dishonesty. In public international litigation, by contrast, the reasons are often more complex, with roots in the dynamics of international politics.


Book
The Oxford handbook of international adjudication
Authors: --- ---
ISBN: 9780199660681 9780191756788 0199660689 0191756784 Year: 2014 Publisher: Oxford : Oxford University Press,

Loading...
Export citation

Choose an application

Bookmark

Abstract

This handbook provides interdisciplinary perspectives on international adjudication, analysing the proliferation of international courts and tribunals from the perspective of both international law and political science. It presents the different theoretical approaches to these courts, their main functions, and the issues confronting them.


Multi
Taxpayer participation in tax treaty dispute resolution
Author:
ISBN: 9789087222253 9789087222260 9087222254 9087222262 Year: 2014 Publisher: Amsterdam, The Netherlands : IBFD,

Loading...
Export citation

Choose an application

Bookmark

Abstract

The book discusses an enhanced MAP and arbitration procedure proposing direct taxpayer participation in multiparty proceedings as the way forward in international tax dispute resolution.

Listing 1 - 10 of 33 << page
of 4
>>
Sort by