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Stockholm Arbitration Yearbook Series,VOLUME 3Each year, Stockholm is the arbitration seat of choice for numerous parties endeavouring to resolve international disputes. It is the second most used venue for investment disputes, and it is often the venue for disputes arising from the Energy Charter Treaty.This annual publication, launched under the auspices of the Stockholm Centre for Commercial Law, is designed to meet the information needs of arbitration practitioners and parties from all over the world.The present edition's topics include:a guide to the arbitral tribunal's deliberation and decision-making;getting unwilling witnesses to appear;recent Swedish case law related to arbitration;claims based on fraud and other non-contractual claims;two parties with several arbitration agreements; andinteraction between experts and the arbitral tribunal.The Yearbook provides both perspective and detailed analyses that will be welcomed by arbitration practitioners, counsel and judges deciding arbitration cases. It will also provide valuable insights for arbitration academics, in-house counsel at multinational companies and arbitral institutions worldwide.
Arbitration (International law) --- Dispute resolution (Law)
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Corruption is one of the main obstacles to sustainable development and has a significant negative impact on a country's productivity. In this book, which reproduces the transcribed presentations and lively discussions at the 2019 Annual Conference of the Swiss Arbitration Association (ASA), four panels including internationally known arbitration practitioners, criminal lawyers and accountants exchange views on the causes, costs, and impacts of corruption not only on society but also on the arbitral process and the arbitral profession.Among the many facets of corruption, the contributors address the following:legal framework of corruption and applicable law;cost of corruption from an economic perspective;jurisdiction and the arbitrability of issues of corruption;aspects of corruption that are specific to arbitration in specific business sectors;cases involving corrupt arbitrators, experts, and witnesses;establishing correctness or incorrectness of suspicion of corruption;bringing issues of corruption before the parties; andjudicial scrutiny of corruption-tainted arbitral awards at the setting aside and enforcement stage.The authors, all of them prominent in representing the full range of business sectors active in international arbitration, provide matchless practical guidance in dealing with challenges associated with corruption in arbitration. Among much else, they deal with 'red flags' likely to indicate suspicious relationships, effective strategies to employ when confronted with a corruption-tainted contract and reporting suspicion of corruption and the related risk of personal liability. All of this invaluable material will be greatly appreciated by practising arbitrators, corporate counsel, arbitration institutions, and concerned academics.
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This book focuses on Anglo-American disputes arising out of the civil war in the United States and British interests in the American continent: the Geneva Arbitration, the Venezuela-Guiana Arbitration and the Bhering Sea Arbitration. It draws on those cases as model proceedings which laid the foundations and inspiration for a promotion of international law through the Hague Conferences and by the work of English and American jurists. It considers the encouragement these cases gave to the promotion of public international law and how that contributed to the resolution of inter-state disputes.
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"L'idée était lancée et Eduardo l'a soutenue avec enthousiasme. Ce ne serait pas un livre " en l'honneur " d'Yves du genre habituel qui rassemblerait, inévitablement, d'innombrables auteurs et articles sur l'arbitrage international que très peu allaient d'ailleurs lire à la suite. Mais un petit livre dans lequel des ‘amis' n'écriraient pas purement sur l'arbitrage, de préférence au moins. Un vrai " liber amicorum " pas composé de deux tomes, un petit livre différent et attrayant, qui serait ouvert par plaisir et non pas par intérêt scientifique ou dans la recherche d'une référence."
Arbitrage international. --- Arbitrage (droit). --- Derains, Yves. --- Arbitrage (droit) --- Arbitration (International law) --- Arbitrage international --- Arbitration and award --- Arbitrage (Droit) --- Derains, Yves
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"Introduction Deference and the International Adjudication of Private Property Disputes While working as a government lawyer in 2011, a letter came into our office advising that the Philip Morris tobacco company had decided to sue Australia under a bilateral investment treaty. The company contended that Australia's tobacco plain packaging requirements breached its intellectual property rights, entitling it to billions of dollars in compensation under international law. This news was not particularly shocking to the small team of which I was part, which had been assembled within the government's Office of International Law to respond to these types of claims. The news was shocking, though, to the wider Australian community. Over the ensuing months, the community's disbelief became better-articulated in the press: How can an international tribunal sit in judgment over a measure which the Australian Parliament had decided was in the public interest after extensive scientific enquiry and public consultation? Could an international tribunal really reverse the finding of Australia's highest court that the legislation was lawful?"--
Arbitration (International law) --- Judicial process. --- Deference (Law) --- Jurisdiction (International law) --- Judicial review --- Arbitrage international --- Processus judiciaire --- Juridiction (droit international) --- Contrôle juridictionnel des lois --- Contrôle juridictionnel des lois
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Jurisdiction is a fundamental concept in law, as it provides the link between a government, its territory, and its people. Data travels through the internet without concern for any borders. This book argues how and why the concept of jurisdiction needs to be adapted across public and private areas - from criminal to commercial law.
Jurisdiction (International law) --- Internet --- Law and legislation. --- Cyberspace --- Domestic jurisdiction --- International jurisdiction --- Jurisdiction, Domestic --- Jurisdiction, International --- Arbitration (International law) --- International courts --- Law and legislation
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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 (Administrative law)
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Cet ouvrage examine l'action des avocats et conseils dans le contentieux international et se structure autour de deux axes. Le premier axe vise un triple objectif de définition de ces juristes du procès international, de clarification du cadre légal au sein duquel se déroule leur action et d'identification des différents rôles qu'ils peuvent jouer. Dans le second axe, l'analyse se porte sur la légitimité de ces juristes privés comme mandataires d'États litigants. Y sont notamment analysées les questions relatives à leur représentativité, à leur redevabilité ainsi qu'aux coûts de leur action.
Arbitrage international --- Tribunaux internationaux --- Relations internationales --- Arbitration (International law) --- International courts --- International relations --- Règlement pacifique des conflits internationaux --- Avocats --- Droit international --- Responsabilité professionnelle
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From a technological standpoint, geography is largely irrelevant. Data flows through the internet without regard for political borders or territories. Services, communication, and interaction can occur online between persons who may be in different countries. Illegal activities, like hacking, cyberespionage, propagating terrorist propaganda, defamation, revenge porn, and illegal marketplaces may all be remotely targeted and accessed from various countries. As such, the internet has created an interesting and complex set of challenges for the concept of jurisdiction and conflicts of law. This title takes a comparative approach covering the EU, UK, US, Germany, and China.0Broken into four parts, this book delves into the notion of jurisdiction as it relates to the internet. Part I focuses on the different meanings of the concept of jurisdiction, from a legal and historical perspective, and distinguishing between the different branches of government. It will highlight the challenges created by the internet, including social media and cloud computing. Part II analyses criminal jurisdiction, in regards to both jurisdictions in cybercrime cases and jurisdictional issues relating to criminal investigations (access to the cloud) and enforcement. Part III examines jurisdiction and applicable law in civil and commercial matters, such as e-commerce B2B and B2C contracts, torts typically occurring online, and online defamation and privacy infringement. Finally, Part IV looks at regulatory jurisdiction, examining the power of the executive (whether an arm of government or independent regulator) to apply and enforce national law. It will look at aspects like the provision of online audio-visual media services and online gambling services, both of which are heavily regulated, but which can be easily provided remotely from different jurisdictions.
Jurisdiction (International law) --- Internet --- Law and legislation --- Juridiction (droit international) --- Law and legislation. --- Droit. --- Internet - Law and legislation --- Cyberspace --- Domestic jurisdiction --- International jurisdiction --- Jurisdiction, Domestic --- Jurisdiction, International --- Arbitration (International law) --- International courts
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