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What is it about international arbitration that makes it so open to evolution and adaptation? What are the main pressure points today and the unmet needs of stakeholders? What are the opportunities for expansion to new sectors and new audiences? What are the drivers for change, the obstacles and the risks? And equally important, what are the core principles that should never be lost? These were the topics of the Twenty-Fourth ICCA Congress, held in Sydney, Australia, in April 2018, the proceedings of which are collected in this volume.
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Although international arbitration is widely hailed as an efficient, confidential and flexible way of settling commercial disputes, it has its limits. The arbitral tribunal's lack of coercive power is thrown into particularly stark relief when it comes to the taking of evidence from third parties outside the arbitral proceedings. If they do not comply voluntarily with the request of the arbitral tribunal to testify as a witness or disclose documents, assistance must be sought from state courts. As the success of a case hinges on the evidence that a party can obtain, it is crucial to understand how to obtain evidence through state courts. At the heart of this work is the question of the conditions under which state courts may offer assistance in international arbitral proceedings. With a special focus on Switzerland and comparative aspects, this book provides helpful tactical insights for arbitral practitioners around the world.
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Although international arbitration is widely hailed as an efficient, confidential and flexible way of settling commercial disputes, it has its limits. The arbitral tribunal's lack of coercive power is thrown into particularly stark relief when it comes to the taking of evidence from third parties outside the arbitral proceedings. If they do not comply voluntarily with the request of the arbitral tribunal to testify as a witness or disclose documents, assistance must be sought from state courts. As the success of a case hinges on the evidence that a party can obtain, it is crucial to understand how to obtain evidence through state courts. At the heart of this work is the question of the conditions under which state courts may offer assistance in international arbitral proceedings. With a special focus on Switzerland and comparative aspects, this book provides helpful tactical insights for arbitral practitioners around the world.
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Although international arbitration is widely hailed as an efficient, confidential and flexible way of settling commercial disputes, it has its limits. The arbitral tribunal's lack of coercive power is thrown into particularly stark relief when it comes to the taking of evidence from third parties outside the arbitral proceedings. If they do not comply voluntarily with the request of the arbitral tribunal to testify as a witness or disclose documents, assistance must be sought from state courts. As the success of a case hinges on the evidence that a party can obtain, it is crucial to understand how to obtain evidence through state courts. At the heart of this work is the question of the conditions under which state courts may offer assistance in international arbitral proceedings. With a special focus on Switzerland and comparative aspects, this book provides helpful tactical insights for arbitral practitioners around the world.
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"La régulation du contentieux international des actions de groupe constitue le prolongement dans l'ordre international des fonctions poursuivies par une action de groupe dans l'ordre interne (l'accès à la justice, l'efficacité économique et la régulation des marchés), et vise à assurer la sécurité juridique, la prévisibilité et l'harmonie internationale des solutions. Cette régulation s'avère pourtant difficile et complexe, notamment en raison de la concurrence des ordres juridiques en matière de redressement des dommages de masse et de l'inadéquation des méthodes et instruments de droit international privé à la résolution d'un contentieux complexe, impliquant une multitude de parties et présentant une forte dimension régulatoire. La globalisation du contentieux international des actions de groupe soulève des questions complexes de conflits de juridictions, de conflits de lois, de coordination de procédures ainsi que de reconnaissance et d'exécution des décisions."
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In recent years, the tendency has been to settle international disputes by informal methods. Among those methods conciliation has seen a successful revival, after many years of decline, in the case of Timor Leste v. Australia while inter-State complaint proceedings under the UN-sponsored human rights treaties have unexpectedly reached their merits stage of conciliation. The present book takes stock of these developments by portraying, at the same time, the potential of the OSCE Court of Conciliation and Arbitration which still remains to be fully activated. Additionally, the contributions reach out to geographical areas in Africa and Asia. An analysis of the relevant procedural mechanisms completes the study to which 14 authors from nine different countries have contributed.
Arbitration (International law) --- Dispute resolution (Law)
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'Abuse of Rights in International Arbitration' examines the legal basis and core elements of abuse of rights. El Far expertly analyses relevant case law to address how the principle may affect the administration of arbitral justice in more international commercial and investment arbitration.
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