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The Austrian Yearbook on International Arbitration is a collection of articles and essays on current issues and hot topics in commercial and investment arbitration and provides a comprehensive overview of recent developments in arbitration. The present 16th edition contains 19 contributions from altogether 45 leading practitioners and academics. The contributions include reports providing insights into the successful work of UNCITRAL and VIAC and an update on recent Austrian court decisions and publications in the field of arbitration. The Yearbook includes the keynote speech delivered by Karl Pörnbacher at the VAD 2021 and the "Vienna propositions for Construction Arbitration" which summarize the discussions held at the VAD World Café in 2021. Other contributions address a variety of topics, predominantly concentrating on procedural issues, including the introduction of new claims and the arbitrator's power to adapt contracts, emergency arbitration, or the arbitrability of insolvency disputes and other hot topics such as the termination agreement of intra-EU BITs or cyber security.
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The book Default in International Arbitration - Striking the balance contains contributions that form the basis of the presentations held at the CEPANI Colloquium which took place in Brussels on 25 November 2022. The various contributions focus on all aspects of default in international arbitration. When one of the parties, especially the respondent (or one of them), is not participating in the entire proceedings (or part thereof), navigating between the sharp cliffs of due process and equality of arms can be difficult for an Arbitral Tribunal. This is even more so when international public policy is at stake. There are no one-size-fits-all answers, especially when default is merely part of a 'strategy' or tactic' in anticipation of annulment roceedings or at the enforcement stage. Sure, Arbitral Tribunals have ex officio powers to investigate. In some circumstances there is even a duty to investigate. But, do arbitrators have the duty to uphold the integrity of arbitration? What is the real scope of 'ficta confessio' in international arbitration? How blind or naive should we allow an Arbitral Tribunal to be? To what extent is an Arbitral Tribunal allowed to be street-smart, i.e. not to become the devil's advocate? These and many more pressing questions will be dealt with in this book on default in arbitration by its authors Niuscha Bassiri (Partner at Hanotiau & van den Berg, Brussels). Hakim Boularbah (Partner at Loyens & Loeff, Brussels), Ulrike Gantenberg (Partner at Gantenberg Dispute Experts, Düsseldorf), Anne K. Hoffmann (Partner at Hoffmann Arbitration, Dubai), Anaïs Mallien (Associate at Loyens & Loeff, Brussels). Christina Mangani (Supervising Associate at Simmons & Simmons, Paris), Lisa Reiser (Senior Associate at Baker McKenzie. Frankfurt), Catherine Schroeder (Partner at Schroeder Arbitration, Paris), Dirk De Meulemeester (Partner at De Meulemeester & De Brabandere, Brussels) and Benoit Kohl (President of CEPANI).
E-books --- Arbitration (International law) --- Arbitrage international --- CEPANI (Organization)
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"Science often entails connotations of 'objectivity', 'certainty', and the capability to discover the 'factual truth'. Judicial decisions, in turn, are routinely associated with resolving disputes in a 'final', 'neutral', and 'authoritative' way. Yet international environmental adjudication, where scientific and legal authority get entangled with each other, suggests that neither science nor law can fully live up to these idealized expectations. What happens if science and law yield competing narratives as to the factual basis of a dispute? Who could and should resolve their conflict and how, based on what benchmarks? Would the uncertain, probabilistic nature of scientific input diminish the authority of a legal judgment based upon it?"--
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The second edition of this book provides students, scholars, and practitioners of international law with easy access to the key primary sources in international dispute settlement, allowing users to focus on engaging with the primary material, rather than trying to source it.The text has been expanded and updated to reflect developments in this rapidly changing field. It includes dispute settlement provisions of treaties adopted since the first edition (such as the Paris Agreement on Climate Change and the WTO Multi-Party Interim Appeal Arbitration Agreement) and takes stock of changes affecting proceedings before investment tribunals, the European Court of Human Rights, and the International Court of Justice. A new subject index improves navigation.
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"This book examines the South China Sea Arbitration between the Philippines and China, widely hailed as a landmark case in the law of the sea. Stefan Talmon argues that while the Tribunal assembled international lawyers of the highest repute and unrivalled experience, the case was nevertheless decided wrongly. He examines every step of the proceedings and critically engages with both the Philippines' submissions and the Tribunal's rulings. He finds that the Tribunal was lacking jurisdiction to decide the case, that some of the Philippines' claims were also inadmissible, and that the Tribunal's awards were tainted with procedural errors"--
Arbitration (International law) --- Maritime boundaries --- Pacific settlement of international disputes. --- South China Sea --- China --- Philippines --- International status. --- Foreign relations
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To celebrate professor and center director at iCourts - Centre of Excellence for International Courts - Mikael Rask Madsen on the occasion of ten years as research leader and 50 years birthday, a group of his international esteemed Colleges has contributed to The Making of iCourts. The contributions consist of both a research article and "My iCourts experience" - a personal story about each single researchers meeting with iCourts as an international research hub in Copenhagen. The articles in the book represents different aspects of legal studies in International Courts and International Law and reflects the interdisciplinary and empirical research agenda of the center.
Jurisdiction (International law) --- Intervention (International law) --- Military intervention --- Diplomacy --- International law --- Neutrality --- Domestic jurisdiction --- International jurisdiction --- Jurisdiction, Domestic --- Jurisdiction, International --- Arbitration (International law) --- International courts
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"This book provides comprehensive, rigorous and up-to-date coverage of key issues that have emerged in the first quarter of the 21st Century in transnational construction arbitration and alternative dispute resolution (ADR). Covering four general themes, this book discusses: the increasing internationalisation of dispute resolution in construction law; the increasing reliance on technology in the management of construction projects and construction arbitration/ADR the increasing prominence of collaborative contracting in construction and infrastructure projects; the increasing importance of contractual adjudication such as Dispute Boards in construction and infrastructure projects; the increasing prevalence of statutory adjudication mechanisms across the world; and the greater incidence of investment disputes and disputes against States and State entities over construction and infrastructure concessions and agreements Tapping on their substantial expertise in practice and in research, the contributor team of senior practitioners and academics in the area of construction law and dispute resolution provide readers with information that balances an intellectually rigorous academic contribution against the backdrop of real concerns raised in practice. Construction Arbitration and Alternative Dispute Resolution is an invaluable resource for practitioners in the field, academics in arbitration and construction law, and post-graduate students in construction law and dispute resolution"--
International commercial arbitration. --- Construction industry --- Construction contracts. --- Arbitration and award. --- Arbitration (International law) --- Arbitrage commercial international --- Construction --- Contrats de construction --- Arbitrage (droit) --- Arbitrage international. --- Law and legislation. --- Industrie
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Environmental law, International. --- Arbitration (International law) --- Arbitration, International --- International arbitration --- International political arbitration --- Pacific settlement of international disputes --- International commissions of inquiry --- Jurisdiction (International law) --- Mediation, International --- International environmental law --- International law --- Common heritage of mankind (International law)
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The first two decades of the twenty-first century witnessed a series of large-scale sovereign defaults and debt restructurings, in which sovereigns struggled to negotiate with recalcitrant bondholders, particularly hedge funds. Also, the outbreak of the COVID-19 pandemic in 2020 heralded a bleak financial outlook for many developing and emerging market countries, requiring sovereign debt restructuring in times of great macroeconomic uncertainty. Given the absence of a multilateral mechanism for sovereign debt restructuring equivalent to domestic corporate bankruptcy system, however, defaulted sovereigns often suffer from holdout litigation wrought by bondholders. This book proposes ways in which such legal actions could be regulated without the undue expense of bondholders' remedies by exploring the mechanism of balancing bondholder protection and respect for sovereign debt restructuring at various stages of litigation and arbitration proceedings.
Debts, Public --- Arbitration (International law) --- Law and legislation. --- Arbitration, International --- International arbitration --- International political arbitration --- Pacific settlement of international disputes --- International commissions of inquiry --- Jurisdiction (International law) --- Mediation, International --- Debts, External --- Default (Finance) --- Debt relief. --- Dispute resolution (Law)
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The settlement of interstate disputes through recourse to courts and tribunals has grown gradually over the years, not only through the creation of new mechanisms to that effect, but also by using existing courts and tribunals. How these different international dispute settlement mechanisms operate in theory and practice is the subject of this comparative analysis by academic and practicing lawyers. The book takes stock of the procedure applicable in various interstate dispute settlement bodies, including international and regional courts and tribunals, and arbitration. This comparative view is essential to a better understanding of the strengths and weaknesses of the various procedural rules and regulations and the practical operation of international litigation. This book is aimed not only at scholars, but also at the courts and tribunals themselves, assisting them in revising their procedures, and at States and organisations developing future international legal mechanisms.
International courts. --- Pacific settlement of international disputes. --- Mediation, International. --- Conciliation, International --- International conciliation --- International mediation --- Mediation, International --- Mediation --- Arbitration (International law) --- Dispute resolution (International law) --- Dispute settlement, Peaceful (International relations) --- Disputes, Pacific settlement of international --- International disputes, Pacific settlement of --- Pacific resolution of international disputes --- Pacific settlement of international disputes --- Peaceful dispute resolution (International relations) --- Peaceful dispute settlement (International relations) --- Peaceful resolution of international disputes --- Peaceful settlement of international disputes --- PSD (Pacific settlement of international disputes) --- Resolution of international disputes, Pacific --- Settlement of international disputes, Pacific --- Dispute resolution (Law) --- International law --- International relations --- International tribunals --- Tribunals, International --- Courts --- Jurisdiction (International law) --- Law and legislation --- Arbitration (International law).
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