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Arbitration & Renegotiation of Intl Investment Agreements, 2nd Ed

admin — Mon, 13 Sep 2010 11:41:38 +0000

This book is a second, revised edition of the original 1986 publication. Since then, the issue of contract change has increasingly challenged the business community and legal practitioners. The world-wide recession may well have accelerated the need to secure contractual relationships by reasonable flexibility. Successful foreign investment, a relentless challenge, is subject to many unpredictable errors. Of all these variables, however, successful investment is most dependent on the investor--host country relationship, which is the object of the present study. In particular, the pressure by host countries for contract change and its counterpart: the investor's defence of contract stability. The book is essentially a reference handbook for legal practitioners. It analyzes a variety of increasingly important questions concerning international investment agreements that come under pressure for change by one of the contracting parties: either a transnational corporation or a host country government. The seven case studies and the analytical chapters which follow are based on the author's research and the assistance of corporate and government officials, experts from the United Nations and other organizations, and members of academic research institutes.

Enforcement of Arbitration Agreements in Latin America:Papers Presented at the 1998 Vancouver IBA Conference (International Bar Association Series)

admin — Sat, 11 Sep 2010 11:41:38 +0000

Enforcement of Arbitration Agreements in Latin America contains the papers presented at the 1998 Vancouver IBA Conference. The leading experts in international commercial arbitration presented their point of view from their respective countries on the present situation of arbitration in Latin America. They reached the conclusion that international commercial arbitration in Latin American countries is currently in a state of good health, after analyzing: 1. The general ratification of the international arbitration regulatory conventions. 2. The legislative amendments enacted in the different parliaments. 3. The judicial activity in Latin American countries, in which case law, with its inevitable surprises, follows the lines of the best case law in countries familiar with arbitration. 4. The widespread participation on behalf of Latin American companies together with their legal advisors in arbitration proceedings is quite effective, not so much as the defendant party, but in many cases, as aggressive plaintiffs. Many ad hoc arbitrations are being held, but, above all, the statistics from the arbitration administrative institutions demonstrate the importance of arbitration in Latin America. The usage of bi- or multilateral treaties of international public law to protect investments, as a basis for setting up the arbitral proceedings for international private law, confirms the prosperity of arbitral proceedings in Latin America.

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 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.

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.

Hire-Purchase System: An Epitome of the Law Relating to Hire-Purchase Agreements [1898 ]

admin — Tue, 27 Jul 2010 11:41:38 +0000


Originally published in 1898. This volume from the Cornell University Library's print collections was scanned on an APT BookScan and converted to JPG 2000 format by Kirtas Technologies. All titles scanned cover to cover and pages may include marks notations and other marginalia present in the original volume.

California Commercial Lease Option Purchase Agreements Line by Line: A Detailed Look at California Commercial Lease Option Purchase Agreements and How to Change Them to Meet Your Needs

admin — Thu, 15 Jul 2010 11:41:38 +0000

Whether you are a seasoned real estate practitioner, an owner of commercial real estate, or a business renter who eventually wants to own your own space, California Commercial Lease Option Purchase Agreements Line by Line is the must-read resource you need to help you achieve your goal. Written by a top-level real estate attorney with boots-on-the-ground experience, this book provides comprehensive instructions on drafting one of the best results-oriented real estate agreements, truly putting landlord/tenant and buyer/seller together, including detailed explanations of various provisions, alternate language to use as needed, and ample appendix material. This how-to guide provides readers with the information necessary to understand the reasons behind those seemingly harmless lease and purchase provisions; discover creative ways to structure the transaction; learn important negotiating points; and avoid future litigation. Illustrating the ins and outs of the agreement, this book is truly an indispensable tool for those who make real estate deals happen.