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Expedited International Arbitration considers how expedited international arbitration policies and procedures, including the 2021 UNCITRAL Expedited Arbitration Rules, operate and affect international commercial arbitration, investor-State arbitration and mediation globally. Increasingly, international commercial arbitration has come to resemble the judicial process it was intended to replace, especially in terms of speed, costs and efficiency. Arbitration institutions worldwide have adopted rules or procedures to expedite the arbitral process to address these concerns. This book, comprising nineteen chapters, brings together thirty-one distinguished practitioners, academics and experts in the field from around the world. It furnishes diverse and rich perspectives on the various methods adopted to provide an expeditious and cost-effective means for dispute resolution, while recognizing the due process risks involved. Its comprehensive analysis of the case for expedited arbitration and the principles underpinning it covers the following aspects: expedited arbitration rules adopted by major arbitration institutions; expedited arbitration rules in the ‘ad hoc’ (non-institutional) context, including the UNCITRAL Expedited Arbitration Rules and UNCITRAL model clauses; expedited arbitration rules in various geographic regions, including China, Southeast Asia, the Caribbean, and the Middle East, focusing on specific jurisdictions in each region; new ICSID rules on mediation of investor-State disputes; and expedited arbitration-mediation (Arb-Med) in the Far East, focusing on Macau. Arbitrators and parties to international agreements will better understand the issues, options, and consequences that may result from expedited arbitration. Practitioners will benefit from guidance in drafting arbitration clauses and weighing the pros and cons of expedited arbitration procedures in various jurisdictions and under various rules, both institutions and ad hoc. This insightful book will benefit international commercial arbitration as stakeholders seek to return international commercial arbitration to its foundational underpinnings: a prompt, productive and cost-effective means of resolving commercial disputes.
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"Digital advancements are changing the face of international dispute resolution. This book examines the impact of digitalization and new technologies on international arbitration, discussing both advantages and challenges. It seeks to answer the question of whether international law in the field of international commercial arbitration is keeping pace with technological change. It takes a fresh look at issues that have recently emerged in the international arbitration landscape by focusing on the innovative use of artificial intelligence, particularly in relation to blockchain and ODR. Against this background, the Chinese solutions are worth analyzing and watching"--
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Siniver provides a comparative and systematic analysis of the role of international arbitration in the settlement of interstate territorial disputes. Drawing on a wide range of primary sources the book focuses on four contemporary cases.
Arbitration (International law) --- Boundary disputes. --- Dispute resolution (Law) --- Law. --- International law.
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This book analyses whether the recent reorientation of EU trade policy towards stronger enforcement and more robust representation of interests, resulting in a series of new or amended legislative tools, is in conformity with the EU's international commitments, particularly WTO, FTA, environmental, and general international law, and with its multilateralist stance and underlying constitutional obligations. The analysis is also set against the consequences that would flow from within the EU legal order, providing readers with a comprehensive view of the external and internal constraints on trade policy that the EU should respect, as well as the leeway it enjoys. In case of potential tensions, it submits changes that would better balance the EU's new ambitions and international obligations. Furthermore, the book looks beyond the possible legal repercussions to consider the broader political implications of these instruments on the credibility of the EU's commitment to multilateralism and international law.
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Arbitrating Empire uncovers how ordinary people used arbitral claims commissions to challenge state violence across the United States Empire during the first decades of the twentieth century and why the State Department attempts to erase their efforts remade modern international law.
International and municipal law --- Arbitration (International law) --- Justice, Administration of --- Government liability --- International law --- United States --- Foreign relations.
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This book uses environmental disputes as a focus to develop a novel comparative analysis of the functions of international adjudication. Paine focuses on three challenges confronting international tribunals: managing change in applicable legal norms or relevant facts, determining the appropriate standard and method of review when scrutinising State conduct for compliance with international obligations, and contributing to wider processes of dispute settlement. The book compares how tribunals manage these challenges across four key sites of international adjudication: adjudication in the World Trade Organization and under the United Nations Convention on the Law of the Sea, International Court of Justice litigation, and investment treaty arbitration. It shows that while international tribunals perform several key functions in the contemporary international legal order, they are subject to significant constraints. Paine makes a genuine addition to literature on the role of international adjudication in international law which will benefit academics, practitioners, and policymakers.
Arbitration (International law) --- Environmental law, International. --- International commercial arbitration. --- International courts. --- Investments, Foreign --- Jurisdiction (International law) --- Law and legislation. --- World Trade Organization. --- United Nations Convention on the Law of the Sea --- International commerical arbitration.
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This book thoroughly reviews China’s participation in the WTO dispute settlement system with a focus on the interaction between China’s distinctive institutional characters and international legal regime and an aim of not only revealing the Chinese phenomenon but also identifying the Chinese mode and the rationale that lies behind China’s mode change. It further analyzes two fundamental issues China is confronted with. One is the distinctive member status issue of China due to the concurrence of its multiple member status as member state, accessing member state and developing member state. The other is the issue of invoking and applying the special rules of The Protocol on the Accession of China in the WTO dispute settlement. In-depth examination of assorted cases that involve China and representative individual cases thereof, is also provided. Upon the insight into Chinese phenomenon and Chinese issues in the WTO dispute settlement, the book tries to respond to the imminent need of reforming the WTO dispute settlement regime by providing directions that accord with the regular pattern of evolution of international economic law system and pragmatic suggestions that stem from China’s strategic position. This book serves for academics, policymakers, and business practitioners by providing useful insights into the legal, regulatory, and economic issues raised by distinctive character of China in WTO dispute settlement.
Arbitration (International law) --- Foreign trade regulation. --- Tariff --- Law and legislation. --- World Trade Organization. --- Private international law. --- Conflict of laws. --- International law. --- Comparative law. --- Trade regulation. --- Mediation. --- Dispute resolution (Law). --- Arbitration (Administrative law). --- Private International Law, International and Foreign Law, Comparative Law. --- International Economic Law, Trade Law. --- Dispute Resolution, Mediation, Arbitration. --- Dispute resolution (Law) --- Arbitration (Administrative law)
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