Multiparty Arbitration
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Author | : Bernard Hanotiau |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 626 |
Release | : 2020-07-10 |
Genre | : Law |
ISBN | : 9403512628 |
Download Complex Arbitrations Book in PDF, Epub and Kindle
Complex Arbitrations: Multi-party, Multi-contract and Multi-issue A Comparative Study Second Edition Bernard Hanotiau Arbitrations involving more than two parties and complex multi-contractual issues are becoming more and more prevalent every year in every major jurisdiction worldwide. This fully updated, extensively revised edition of a far-seeing 2006 book that has been greatly valued and widely used remains the only comprehensive analysis of all the issues arising from multi-party–multi-contract arbitrations, including those involving States and groups of companies. The numerous factors and problems analysed in depth include the following: theories on the basis of which various courts and tribunals determine who are parties to the arbitration clause and whether a non-signatory may be part of the proceedings; to what extent one can bring to a single arbitration proceeding the various parties who have participated in a single economic transaction through several contracts; reasoning to follow when it comes to deciding whether another company of the group can be joined to the arbitration; whether a party to a complex contractual structure can intervene voluntarily in the proceedings; under what conditions arbitrations may be consolidated; to what extent res judicata applies when a second arbitration is initiated between the same parties on different legal grounds; how and to what extent one can overcome the inconveniences that arise from having several parallel proceedings; and enforcement of multi-party–multi-contract awards. Features of particular value to the practitioner include in-depth analysis of ad hoc and institutional awards rendered under the auspices of numerous arbitral institutions; analysis of relevant national case law based on hundreds of court decisions from all over the world; and appendices specifying multi-party–multi-contract arbitration clauses, provisions of international conventions and relevant national legislative and institutional rules. The first edition has been used all over the world, frequently referred to by courts and tribunals when one of its topics is addressed. The second edition, with its increased volume of arbitral awards and cases from many more jurisdictions, its new scenarios, its updates on new legislation and rules, and its newly researched jurisprudence will help lawyers and corporate counsel solve the increasingly complex procedural issues confronting them in dealing with multi-party–multi-contract disputes. Law professors and students of dispute resolution have here a powerfully authoritative consideration of one of the most salient aspects of current international practice.
Author | : Bernard Hanotiau |
Publisher | : |
Total Pages | : |
Release | : 2015 |
Genre | : |
ISBN | : 9789041160973 |
Download Multiparty Arbitration Book in PDF, Epub and Kindle
Author | : Dimitar Kondev |
Publisher | : John Wiley & Sons |
Total Pages | : 408 |
Release | : 2017-01-23 |
Genre | : Law |
ISBN | : 111925180X |
Download Multi-Party and Multi-Contract Arbitration in the Construction Industry Book in PDF, Epub and Kindle
Multi-Party and Multi-Contract Arbitration in the Construction Industry provides the first detailed review of multi-party arbitration in the international construction sector. Highly practical in approach, the detailed interpretation and assessment of the arbitration of multi-party disputes will facilitate understanding and decision making by arbitrators, clients and construction contractors.
Author | : Bernard Hanotiau |
Publisher | : Icc Pub |
Total Pages | : 272 |
Release | : 2010 |
Genre | : Law |
ISBN | : 9789284200832 |
Download Multiparty Arbitration Book in PDF, Epub and Kindle
Author | : Dr. Manuel Arroyo |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 3026 |
Release | : 2018-08-06 |
Genre | : Law |
ISBN | : 9041192743 |
Download Arbitration in Switzerland Book in PDF, Epub and Kindle
Arbitration in Switzerland
Author | : Julian D. M. Lew |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 994 |
Release | : 2003-01-01 |
Genre | : Law |
ISBN | : 9041115684 |
Download Comparative International Commercial Arbitration Book in PDF, Epub and Kindle
This treatise describes the practice of international commercial arbitration with reference to the major international treaties and instruments, arbitration rules and national laws. It provides an analysis of the interaction between party autonomy and arbitration practice.
Author | : Bernard Hanotiau |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 232 |
Release | : 2016-09-23 |
Genre | : Law |
ISBN | : 9041183868 |
Download Class and Group Actions in Arbitration Book in PDF, Epub and Kindle
Several decades ago, a typical arbitration would involve one claimant against one respondent. Over the years, more and more cases involve several claimants against several respondents. Today, one third of all international ICC arbitrations seem to involve multiparty cases, multi-contract cases involving multiple contracts, multiple parties. The evolution has continued and the debate today is whether it would be possible for a class of people in the same situation or a group of citizens having the same interest to start one single arbitration procedure as a group or as a class. This publication examines the complex issues involved in class or group arbitration on a comparative law basis. Is there a place for such proceedings within the framework of the arbitration process? Class action procedures, as developed in the United States court system and more recently in Canada, are almost nonexistent in Europe. The European Commission has advocated collective redress as an important means of access to justice but class actions have found little enthusiasm in the Members States. The book highlights the lessons which have been learned from the experience of cases in the US and in Europe. What does the future hold for class, collective and mass arbitrations? Are they a marginal phenomenon or has their potential yet to be realized? What are possible solutions to the issues that have been encountered? Can we expect to see more of such arbitrations in the future? Written by arbitrators, academics and practitioners, this Dossier will provide the answers to these questions and many more.
Author | : R. Doak Bishop |
Publisher | : |
Total Pages | : 0 |
Release | : 2009 |
Genre | : Law |
ISBN | : 9780199551729 |
Download Multiple Party Actions in International Arbitration Book in PDF, Epub and Kindle
This publication from the International Bureau of the Permanent Court of Arbitration (PCA) presents a collection of studies on the key issues found in complex international commercial and investment disputes. Renowned authors from Europe and North America consider issues from perspectives emanating from both the Anglo-American and Continental European legal systems. The authors consider international multiparty arbitration and its attendant problems from both a conceptual and practical perspective, beginning with the overarching legal problems of determining the proper parties to the arbitration and the ambit of contractual consent. Topics which are comprehensively examined include: Joiner of parties and consolidation of arbitral proceedings; the challenges of administration of multiparty arbitrations; investment arbitration involving multiple parties and multiparty issues in investor-state arbitration; classwide arbitration and arbitrating mass investor claims; lessons that can be learnt from mass claims processes; and enforcement issues. The book also includes a practitioner-oriented discussion of multiparty arbitration in the construction industry.
Author | : Isaak Dore |
Publisher | : Springer |
Total Pages | : 220 |
Release | : 1990-08-28 |
Genre | : Law |
ISBN | : |
Download Theory and Practice of Multiparty Commercial Arbitration:With Special Reference to the UNCITRAL Framework Book in PDF, Epub and Kindle
Companion volume to the author's Arbitration and conciliation under the UNCITRAL rules.
Author | : Gustav Flecke-Giammarco |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 921 |
Release | : 2020-03-20 |
Genre | : Law |
ISBN | : 9041190236 |
Download The DIS Arbitration Rules Book in PDF, Epub and Kindle
The new arbitration rules of the German Arbitration Institute (Rules) entered into force on 1 March 2018. Drafted over an intense period of eighteen months by a committee of globally recognized experts with the active participation of nearly 300 arbitration practitioners, the Rules stand poised to attract parties seeking dispute resolution not only in Germany but also internationally. This extraordinary book, written by the drafters themselves, with more than 550 pages of comprehensive article-by-article commentary, is filled with practical insights and recommendations regarding the application of the Rules. Each provision of the new Rules is given its own chapter, in which the following issues and topics are examined in depth for the specific rule under analysis: use of the provision in practice; modifications from the corresponding provision in the 1998 Rules; relationship to the relevant sections of the German Code of Civil Procedure; comparison with relevant regulations and practices in German State court proceedings; detailed expert commentary, including analysis of case law and legal scholarship; DIS practice concerning the application of the provision; and comparison with similar provisions in other arbitration rules. An annex contains an extensive collection of reference materials, including forms, schedule of costs and texts of various international arbitration documents. The authors and editors have vast experience as counsel and arbitrators in proceedings conducted under the auspices of the DIS and other arbitral institutions. Their intimate familiarity with all aspects of DIS case administration is of immeasurable value to all stakeholders in arbitral proceedings. A genuine user’s guide, the book explains how the new Rules are likely to be applied in practice by the arbitral institution, arbitrators and parties. Its practical tips regarding the effective conduct of DIS arbitrations elucidate best practices for counsel and arbitrators and make DIS’ day-to-day case management and decision-making processes more transparent and predictable for users of all levels of experience and expertise.