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2018 (21)

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Book
Arbitration and international trade in the Arab countries
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ISBN: 9004357483 9004357475 Year: 2018 Publisher: Leiden, Netherlands ; Boston, [Massachusetts] : Brill Nijhoff,

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Arbitration and International Trade in the Arab Countries by Nathalie Najjar is masterful compendium of arbitration law in the Arab countries. A true study of comparative law in the purest sense of the term, the work puts into perspective the solutions retained in the various laws concerned and highlights both their convergences and divergences. Focusing on the laws of sixteen States, the author examines international trade arbitration in the MENA region and assesses the value of these solutions in a way that seeks to guide a practice which remains extraordinarily heterogeneous. The book provides an analysis of a large number of legal sources, court decisions as well as a presentation of the attitude of the courts towards arbitration in the States studied. Traditional and modern sources of international arbitration are examined through the prism of the two requirements of international trade, freedom and safety, the same prism through which the whole law of arbitration is studied. The book thus constitutes an indispensable guide to any arbitration specialist called to work with the Arab countries, both as a practitioner and as a theoretician.


Book
Introduction to investor-state arbitration
Authors: ---
ISBN: 9041184015 9041184023 9041184007 Year: 2018 Publisher: Alphen aan den Rijn, Netherlands : Kluwer Law International,

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Introduction to Investor-State Arbitration' focuses on sometimes difficult concepts of investor-State arbitration in a clear and concise explanatory manner while drawing attention to important cases. Today thousands of investors act globally in markets providing services, technology or capital in countries all around the world. This activity can be peacefully accomplished when both the investor and the host State know that the disputes will be resolved under the aegis of the investor-State arbitration regime, wherein an investor is provided with a direct right of action against a State, most commonly stemming from a bilateral investment treaty or a multilateral treaty such as the Energy Charter Treaty and the North American Free Trade Agreement, as well as public contracts.


Book
Reassertion of control over the investment treaty regime
Author:
ISBN: 9781107172654 9781316779286 9781316624678 1107172659 1316624676 1316781852 1316782085 1316779289 131678231X 1316782549 1316783235 1316783006 1316780473 9781316783238 9781316782545 9781316782316 Year: 2018 Publisher: Cambridge Cambridge University Press

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Driven by public opinion in host states, contracting parties to investment agreements are pursuing many avenues in order to curb a system that is being perceived - correctly or not - as having run out of control. Reassertion of Control over the Investment Treaty Regime is the first book of its kind to examine the many issues of procedure, substantive law, and policy which arise from this trend. From procedural aspects such as frivolous claims mechanisms, the establishment of appeals mechanism or state-state arbitration, to substantive issues such as joint interpretations, treaty termination or detailed definitions of standards of protection, the book identifies and discusses the main means by which states do or may reassert their control over the interpretation and application of investment treaties. Each chapter tackles one of these avenues and evaluates its potential to serve as an instrument in states' reassertion of control.


Book
Norsk ordre public som skranke for partsautonomi i internasjonale kontrakter
Author:
ISBN: 8215027318 8215027326 Year: 2018 Publisher: Scandinavian University Press (Universitetsforlaget)

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To kommersielle parter inngår en internasjonal kontrakt. Kontrakten er meget detaljert. Den velger en rett som gir partene mulighet til å regulere de involverte interesser fritt. Videre forplikter den partene til å anlegge eventuelle søksmål ved et utenlandsk verneting, eller den velger voldgift. Alt dette kan gi partene illusjoner om at de eneste kilder som er relevante, er kontrakten selv og den valgte retten. Langt på vei er dette riktig, for partenes vilje står sentralt – spesielt i internasjonal voldgift. Men det finnes begrensninger. Én av disse begrensinger er den såkalte ordre public-innsigelse. Innsigelsen begrenser norske domstolers rett og plikt til å anvende utenlandsk rett samt til å anerkjenne og tvangsfullbyrde utenlandske dommer og voldgiftsavgjørelser. Formålet med denne boken er å konkretisere innholdet i ordre public på det forretningsjuridiske område etter norsk rett. Boken redegjør for de internasjonale og interne rammer og vilkår for å påberope seg ordre public. Deretter drøfter boken innsigelsen med utgangspunkt i ulike rettsområder som er relevante for kommersielle kontrakter: konkurranserett, selskapsrett, kreditorvern, kontraktsvilkår om ansvarsfraskrivelse, arbeidsrett og voldgiftsavtaler ved direkte krav.


Book
The rise of investor-state arbitration : politics, law, and unintended consequences
Author:
ISBN: 0191831557 0192507257 Year: 2018 Publisher: Oxford : Oxford University Press,

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This text offers the first social-scientific account of investor-state arbitration, and examines the intellectual, political, and economic forces behind its rise.


Book
A guide to the SIAC arbitration rules
Authors: --- ---
ISBN: 0191847860 0198810652 0192538667 0192538675 Year: 2018 Publisher: [Oxford] : Oxford University Press,

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A rule-by-rule examination of the inception, interpretation, and application of these influential rules, this is the principal text for all who arbitrate in Singapore. Written by experienced practitioners, it is an authoritative companion for hearings in this fast-growing seat.


Book
General principles of law and international investment arbitration
Authors: --- ---
ISBN: 9004368388 9789004368385 9789004368378 900436837X Year: 2018 Volume: 12 Publisher: Leiden ; Boston : Brill Nijhoff,

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General Principles of Law in Investment Arbitration surveys the function of general principles in the field of international investment law, particularly in investment arbitration. The authors’ analysis provides a representative case study of how this informal source operates alongside and in the absence of other sources of applicable law. The contributions are divided into two parts, devoted respectively to substantive principles and procedural ones. The principles discussed in the book are selected for their currency in the practice, their contested nature and their relevance.


Book
Handbook of ICC arbitration. : commentary and materials.
Authors: ---
ISBN: 9780414063990 Year: 2018 Publisher: London Sweet and Maxwell


Book
Fair and equitable treatment : its interaction with the minimum standard and its customary status
Author:
ISBN: 9789004366114 9004366113 9004366121 9789004366121 Year: 2018 Publisher: Leiden ; Boston : Brill,

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The fair and equitable treatment (‘FET’) standard is a type of protection found in BITs which has become in the last decades one of the most controversial provisions examined by arbitral tribunals. This book first examines the interaction between the ‘minimum standard of treatment’ (MST) and the FET standard and the question why States started referring to the former in their BITs. It also addresses the question whether the FET should be considered as an autonomous standard of protection under BITs. This book also examines the controversial proposition that the FET standard should now be considered as a rule of customary international law. I will show that while the practice of States to include FET clauses in their BITs can be considered as general, widespread and representative, it remains that it is not uniform and consistent enough for the standard to have crystallised into a customary rule. States also lack the necessary opinio juris when including the clause in their BITs.


Book
The Allocation of Power between Arbitral Tribunals and State Courts. The Pocket Books of The Hague Academy of International Law
Author:
ISBN: 9004388915 9789004388918 9789004388925 9004388923 Year: 2018 Publisher: Boston : Brill,

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The ultimate question that runs through all of our law of arbitration is the allocation of responsibility between state courts and arbitral tribunals : If private tribunals assume the power to bind others in a definitive fashion, we must ask, where does this authority come from ? Fundamentally different in this respect from a state judge, a private arbitrator may only derive his legitimacy from that exercise of private ordering and self-government which characterizes any voluntary commercial transaction. This work begins then with the dimensions of that “consent” which alone can justify arbitral jurisdiction. The discussion is then carried forward to explore how party autonomy in the contracting process may be expanded, giving rise to the voluntary reallocation of authority between courts and arbitrators. It concludes with the necessary inquiry into the autonomy with respect to the “chosen law” that will govern the agreement to arbitrate itself.

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