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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.
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The 2013 volume of Contemporary Issues in International Arbitration and Mediation: The Fordham Papers is a collection of important works in the field written by the speakers at the 2013 Fordham Law School Conference on International Arbitration and Mediation. The 25 papers are organized into the following six parts: Keynote Presentation by Gabrielle Kaufmann-Kohler Part 1: Investor-State Arbitration by Andrea K. Bjorklund, Rudolf Dolzer, Abby Cohen Smutny, John Townsend Part 2: Class Actions and Mass Claims by James Carter, John Crook, Christopher Drahozal, Veijo Heiskanen, Sandrine Giroud, Roman Khodykin, Place of publication not identified Strong Part 3: Arbitration of International Disputes on Energy Issues by Arif Ali, Nigel Blackaby, Caline Mouawad, Sarah Vasani Part 4: Investor-State Arbitration (2) by O. Thomas Johnson, Catherine H. Gibson, Mark McNeill, Laurence Shore, Robert Rothkopf, Todd Weiler Part 5: The Arbitration of International Technology Disputes by Gary L. Benton, Rachel Koch, Thomas Halket, John Judge, Paul Klaas, Steven Reisberg Part 6: Mediation by Elizabeth Birch, David Bristow, Hélène de Kovachich
International commercial arbitration --- Arbitration (International law) --- Mediation, International --- Arbitration (International law). --- International commercial arbitration. --- Mediation, International. --- Arbitrage commercial international --- Arbitrage international --- Médiation internationale --- Médiation internationale. --- Conciliation, International --- International conciliation --- International mediation --- Mediation --- Law and legislation --- Médiation internationale.
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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.
Arbitration (International law) --- Arbitration, International --- International arbitration --- International political arbitration --- Pacific settlement of international disputes --- International commissions of inquiry --- Jurisdiction (International law) --- Mediation, International --- Arbitration (International law). --- LAW / Arbitration, Negotiation, Mediation.
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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.
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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.
International courts. --- Jurisdiction (International law) --- Domestic jurisdiction --- International jurisdiction --- Jurisdiction, Domestic --- Jurisdiction, International --- Arbitration (International law) --- International courts --- International tribunals --- Tribunals, International --- Courts
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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
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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.
Arbitration (International law) --- International courts. --- Jurisdiction (International law) --- Arbitrage international --- Tribunaux internationaux --- Juridiction (Droit international) --- International courts --- Domestic jurisdiction --- International jurisdiction --- Jurisdiction, Domestic --- Jurisdiction, International --- International tribunals --- Tribunals, International --- Courts --- E-books
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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.
International finance --- Tax law --- Double taxation --- Arbitration (International law) --- Interpretation and construction. --- Double imposition --- Arbitrage international --- Interprétation --- Tax administration and procedure --- Impôt --- Tax courts --- Contentieux fiscal --- Administration et procédure
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Arbitration (International law) --- Investments, Foreign (International law) --- Conflict of laws --- Restitution --- Reparation (Criminal justice) --- Arbitrage international --- Investissements étrangers (Droit international) --- Droit commercial (Droit international privé) --- Restitution (Droit) --- Réparation (Droit) --- Commercial law --- Investissements étrangers (Droit international) --- Droit commercial (Droit international privé) --- Réparation (Droit)
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