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International Arbitration and Forum Selection Agreements: Drafting and Enforcing, 3rd Edition

admin — Thu, 09 Sep 2010 11:41:38 +0000

International Arbitration and Forum Selection Agreements: Drafting and Enforcing is a concise, practical primer on the fundamentals of drafting and enforcing international arbitration agreements and other dispute resolution clauses. Drawing on a wealth of practical experience and academic analysis, this extensively revised and expanded third edition offers model arbitration and forum selection clauses for international contracts and explains the advantages and disadvantages of different approaches. The primer is an essential resource for any international practitioner or corporate counsel engaged in international matters.

Arbitration Agreements: In a Transport Law Perspective

admin — Tue, 07 Sep 2010 11:41:38 +0000

This book contains a comparative study of the rules governing the formation of arbitration agreements under Danish, English and Norwegian law. The relevant domestic legislation and international treaties, such as the New York Convention 1958, are considered in detail. The book deals with general rules of arbitration and contract law as well as distinct transport law rules. The central element of the book is the criteria which must be satisfied before a party is obliged to arbitrate a given dispute, however, also certain elements of arbitral procedure, such as the principle of Kompetenz-Kompetenz, are discussed. Of particular interest to the transport lawyer is the book's examination of the arbitrability of transport disputes under the international transport law conventions. The Nordic regime introduced in the new Nordic Maritime Codes of 1994, and the compatibility of the requirement for writing in the New York Convention 1958 and the documentation presently used in maritime transport.

Consumer Arbitration Agreements

admin — Sun, 05 Sep 2010 11:41:38 +0000

This manual and CD-Rom is designed to be a consumer attorney's primary practice guide in battling compulsory arbitration. It reviews in detail the federal and state case law dealing with the enforceability of mandatory arbitration clauses, and analyzes every angle of attack that any court has yet accepted upon these clauses. It extensively discusses the procedures available to combat compulsory arbitration clauses in court, and the limited judicial review available with respect to the rulings of arbitrators. The manual includes a CD-Rom containing numerous model briefs and discovery queries. A portion of the proceeds from the sale of this book will go to support TLPJ's Mandatory Arbitration Abuse Prevention Project.

International Arbitration in Latin America

admin — Fri, 03 Sep 2010 11:41:38 +0000

The last few years, even months, have seen radical changes in commercial arbitration in almost every Latin American jurisdiction. International Arbitration in Latin America is a first of its kind publication that provides the lawyer, arbitrator, and businessperson with a thorough overview of the current status of international arbitration in the region. Freshfields Bruckhans Deringer's Nigel Blackaby, Clifford Chance's David Lindsey, and Argentine lawyer Alessandro Spinillo have joined with others in the field of arbitration in Latin America to compile the first comprehensive review of commercial arbitration in major Latin American jurisdictions as well as notable developments in the use of arbitration mechanisms contained in bilateral and multilateral investments treaties and free trade agreements. The book provides not only a detailed analysis of the law, but also insight from local practitioners into the culture of arbitration and how the law is applied. Features of the book include a comprehensive and thorough overview of commercial arbitration in Latin America; a detailed analysis of the law and insight from local practitioners from Argentina, Brazil, Chile, Colombia, Ecuador, Mexico, Peru, and Venezuela; a brief look at the rules and peculiarities of the proposed Mercosur International Commercial Arbitration Agreements entered into by Argentina, Brazil, Paraguay, Uruguay, Bolivia, and Chile, whose eventual ratification and coming into force is contemplated; an examination concerning the adoption of arbitration as a method of dispute resolution for investors against states under bilateral investment treaties, over 300 of which have now been signed in the region; the text of the key sections of the international conventions to which reference is made (Panama Convention, NAFTA, Mercosur); and it also describes the increasing use of alternative dispute resolution in Latin America and how it might be best used as a complement for arbitration proceedings, with an emphasis on complex projects where staged dispute resolution might be appropriate.

International Arbitration And Forum Selection Agreements: Drafting And Enforcing

admin — Wed, 01 Sep 2010 11:41:38 +0000

No lawyer involved in international transactions can afford to ignore this authoritative guide to planning and drafting international arbitration agreements and forum selection clauses. It includes clear, practical explanations of the advantages and disadvantages of different forms of dispute resolution provisions, and detailed discussion of all elements of drafting arbitration and choice-of-court clauses. The primer includes scores of revised model arbitration and forum selection clauses, providing precise wording for use in a wide range of commercial contexts. It is designed for easy reference and use by both general practitioners and specialists. Each model clause is thoroughly annotated, including with reference to relevant scholarship and jurisprudence. The primer is authored by Gary B. Born, one of the world's pre-eminent authorities on international commercial arbitration and litigation. He is the author of International Commercial Arbitration (2d ed. 2001) and International Civil Litigation in U.S. Courts (3d ed. 2000), and a leading international arbitration practitioner. He has brought a wealth of practical experience and academic achievement together to produce a practical, authoritative guide to drafting and planning international arbitration and forum selection agreements. This second edition, extensively updated and revised, includes such features as the following: scores of sample arbitration and forum selection clauses, including leading institutional arbitration clauses, ad hoc clauses and comprehensive guidance on drafting individualized clauses; sample language relating to discovery, language, arbitrators' qualifications, confidentiality, waivers of immunity, interim relief, fast-track procedures, costs, consent to service of process, and other commonly-used provisions; descriptions of all leading international arbitration institutions (ICC, LCIA, AAA, ICSID) and most major regional arbitration institutions, including commentary on individual characteristics of each institution; practically-oriented discussions of the importance of the arbitral seat, means of selecting arbitrators, language, and other key issues; detailed guidance on drafting choice-of-law clauses (including samples) and their role in dispute resolution; and practical analysis of enforcement of international arbitration and forum selection agreements, as well as national court judgments and international arbitral awards, under leading conventions and national laws. An appendix contains texts of the New York and European Conventions and the UNCITRAL Model Law, as well as arbitration rules of leading arbitral institutions. Designed for easy reference and use by both general practitioners and specialists, the book is required for any international practitioner or corporate counsel engaged in international matters.

International Commercial Arbitration in New York

admin — Mon, 30 Aug 2010 11:41:38 +0000

New York is a leading venue for international commercial arbitration, home to the headquarters for the International Centre for Dispute Resolution, the international branch of the American Arbitration Association, and many leaders in the international arbitration field. New York also serves as the locus of several prominent arbitration firms' central offices.International Commercial Arbitration in New York focuses on the distinctive aspects of international arbitration in New York. Serving as an essential strategic guide, this book allows practitioners to represent clients more effectively in cases where New York is implicated as either the place of arbitration or evidence or assets are located in New York. This collaborative work boasts contributors of pre-eminent stature in the arbitration field. Each chapter elucidates a vital topic, including the existing New York legal landscape, drafting considerations for clauses designating New York as the place of arbitration, and material and advice on selecting arbitrators. The book also covers a series of topics at the intersection of arbitral process and the New York courts, including jurisdiction, enforcing arbitration agreements, and obtaining preliminary relief and discovery. Information on class action arbitration and challenging and enforcing arbitral awards are also included, making this a comprehensive, valuable resource for practitioners.

International Commercial Arbitration (2 Volume Set)

admin — Sat, 28 Aug 2010 11:41:38 +0000

International Commercial Arbitration is an authoritative treatise providing the most complete available commentary and analysis on all aspects of the international commercial arbitration process. This completely revised and expanded edition of Gary Born's authoritative work is divided into three main parts, dealing with the International Arbitration Agreement, International Arbitral Procedures and International Arbitral Awards. International Commercial Arbitration provides a systematic framework for both current analysis and future developments, as well as exhaustive citations from all leading legal systems.

Arbitration Under International Investment Agreements: A Guide to the Key Issues

admin — Thu, 26 Aug 2010 11:41:38 +0000

Investor-state arbitration is a relatively new dispute settlement mechanism that allows foreign investors the opportunity to seek redress for damages arising out of breaches of investment-related treaty obligations by the governments of host countries. Claims are submitted to independent, international arbitration tribunals, which are called upon to interpret the treaty at hand. Because of the public interest involved in these cases, the awards of these tribunals are subject to much scrutiny and debate. Thus, it has already generated hundreds of cases and created new legal disciplines, inspiring a continuous string of legal writings. This book provides a comprehensive analysis of the main issues that arise in investor-state arbitration. It accompanies the reader through the phases of such a procedure, starting with an examination of the instruments, which provide, in the overwhelming majority of the cases, the legal basis for the requests for such arbitration. It then continues with the launching of the arbitration procedure, followed by the analysis of the main jurisdictional and substantive issues that the tribunals are confronted with, and the review procedures, when there is a request for setting aside of the award. It finally looks at the post-award phase and concludes with a reflection on the role of precedent in investment arbitration. Arbitration under International Investment Agreements: a Guide to the Key Issues contains in one volume what everybody needs to know on this evolving topic. Calling on the most renowned experts in this field, private practitioners, academics, government and international organization officials, it describes the process in all its phases from A to Z, providing a comprehensive insight in the way investor-state arbitration works from the perspective of the main actors involved. Its analyses of all key aspects of the topic are pragmatic and reliable.

Enforcement of Arbitration Agreements and International Arbitral Awards: The New York Convention in Practice

admin — Tue, 24 Aug 2010 11:41:38 +0000

As we approach the 50th anniversary of the 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention) Enforcement of Arbitration Agreements and International Arbitral Awards provides the most exhaustive commentary on the fundamental aspects of the Convention. The significant legal developments and associated practice over the last 50 years have been put been put under the microscope by distinguished academics and practitioners in the area. Each of the 31 chapters provides focused analysis of individual issues with the emphasis on the relevant case law from various Contracting States without ever straying from a global outlook. Enforcement of Arbitration Agreements and International Arbitral Awards is intended to be an authoritative text for lawyers working in-house or in private practice. Its structure and depth of analysis makes it suitable for academics and essential reading for students pursuing post-graduate or research degrees that encompass elements of international dispute resolution.

Bank Collections and Payment Transactions: Comparative Study of Legal Aspects

admin — Sun, 22 Aug 2010 11:41:38 +0000


Looking at the relationship between bank and customer, this volume examines laws pertaining to the disposition of funds by checks and credit transfers, covering both paper-based and electronic payments. The work addresses common law, civilian, and `mixed' jurisdictions, in particular Australia, Canada, England, France, Germany, Israel, Italy, Japan, South Africa, Switzerland, and the U.S.