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Title Judicial Precedent and Arbitration Are Arbitrators Bound by Judicial Precedent
Author Guilherme Rizzo Amaral
Publisher Wildy, Simmonds & Hill Publishing
Release Date 2018-07-09
Category
Total Pages 220
ISBN 0854902570
Language English, Spanish, and French
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Book Summary:

One of the cornerstones of arbitration is the finality of arbitral awards. Saving rare exceptions, arbitral awards cannot be subject to challenges based on the arbitrator's errors of law. Furthermore, there is no hierarchy between arbitral tribunals and judicial courts, nor are arbitrators part of any judicial system. Thus, if arbitrators are not part of any hierarchical scheme and if there is no challenge or appeal available against their errors of law, how could one say that arbitrators have a duty to follow judicial precedents? Besides, when individuals agree to solve their disputes outside the judicial arena, should they expect a private arbitrator to abide by the same standards of a system they have just avoided? Is the choice for arbitration not a choice for an entirely different legal system, unbound by the so-called judge-made law? This book attempts to answer those questions by presenting a comprehensive guide to the relation between judicial precedents and arbitration in the United States, the United Kingdom and in Brazil, as well as in international arbitration as a whole. In its second edition, the book offers an Appendix on Chinese Guiding Cases and Arbitration.

Title International Commercial Arbitration
Author Gary B. Born
Publisher Kluwer Law International B.V.
Release Date 2020-11-23
Category Law
Total Pages 5048
ISBN 9789403526447
Language English, Spanish, and French
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Book Summary:

International Commercial Arbitration is an authoritative 4,250 page treatise, in three volumes, providing the most comprehensive commentary and analysis, on all aspects of the international commercial arbitration process that is available. The Third Edition of International Commercial Arbitration has been comprehensively revised, expanded and updated, To include all legislative, judicial and arbitral authorities, and other materials in the field of international arbitration prior to June 2020. It also includes expanded treatment of annulment, recognition of awards, counsel ethics, arbitrator independence and impartiality and applicable law. The revised 4,250 page text contains references to more than 20,000 cases, awards and other authorities and will enhance the treatise’s position as the world’s leading work on international arbitration. The first and second editions of International Commercial Arbitration have been routinely relied on by courts and arbitral tribunals around the world ((including the highest courts of the United States, United Kingdom, Singapore, India, Hong Kong, New Zealand, Australia, the Netherlands and Canada) and international arbitral tribunals (including ICC, SIAC, LCIA, AAA, ICSID, SCC and PCA), e.g.: U.S. Supreme Court – GE Energy Power Conversion France SAS, Corp. v. Outokumpu Stainless USA, LLC, 590 U.S. - (U.S. S.Ct. 2020); BG Group plc v. Republic of Argentina, 572 U.S. 25 (U.S. S.Ct. 2014); Canadian Supreme Court – Uber v. Heller, 2020 SCC 16 (Canadian S.Ct.); Yugraneft Corp. v. Rexx Mgt Corp., [2010] 1 R.C.S. 649, 661 (Canadian S.Ct.); U.K. Supreme Court – Jivraj v. Hashwani [2011] UKSC 40, ¶78 (U.K. S.Ct.); Dallah Real Estate & Tourism Holding Co. v. Ministry of Religious Affairs, Gov’t of Pakistan [2010] UKSC 46 (U.K. S.Ct.); Swiss Federal Tribunal – Judgment of 25 September 2014, DFT 5A_165/2014 (Swiss Fed. Trib.); Indian Supreme Court – Bharat Aluminium v. Kaiser Aluminium, C.A. No. 7019/2005, ¶¶138-39, 142, 148-49 (Indian S.Ct. 2012); Singapore Court of Appeal – Rakna Arakshaka Lanka Ltd v. Avant Garde Maritime Servs. Ltd, [2019] 2 SLR 131 (Singapore Ct. App.); PT Perusahaan Gas Negara (Persero) TBK v. CRW Joint Operation, [2015] SGCA 30 (Singapore Ct. App.); Larsen Oil & Gas Pte Ltd v. Petroprod Ltd, [2011] SGCA 21, ¶19 (Singapore Ct. App.); Australian Federal Court – Hancock Prospecting Pty Ltd v. Rinehart, [2017] FCAFC 170 (Australian Fed. Ct.); Hague Court of Appeal – Judgment of 18 February 2020, Case No. 200.197.079/01 (Hague Gerechtshof); Arbitral Tribunals – Lao Holdings NV v. Lao People's Democratic Republic I, Award in ICSID Case No. ARB(AF)/12/6, 6 August 2019; Gold Reserve Inc. v. Bolivarian Republic of Venezuela, Decision regarding the Claimant’s and the Respondent’s Requests for Corrections, ICSID Case No. ARB(AF)/09/1, 15 December 2014; Total SA v. The Argentine Republic, Decision on Stay of Enforcement of the Award, ICSID Case No. ARB/04/01, 4 December 2014; Millicom Int'l Operations B.V. v. Republic of Senegal, Decision on Jurisdiction of the Arbitral Tribunal, ICSID Case No. ARB/08/20, 16 July 2010; Lemire v. Ukraine, Dissenting Opinion of Jürgen Voss, ICSID Case No. ARB/06/18, 1 March 2011.

Title Economic Analysis of the Arbitrator s Function
Author Bruno Guandalini
Publisher Kluwer Law International B.V.
Release Date 2020-06-16
Category Law
Total Pages 488
ISBN 9789403522708
Language English, Spanish, and French
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Book Summary:

Economic Analysis of the Arbitrator’s Function Bruno Guandalini Arbitration has become an important market, where arbitrators are rational economic agents maximizing their utility. Although this is self-evident, it is rarely discussed. This penetrating book is the first to comprehensively analyze the market for arbitrators and arbitrators’ economic role within it. In great depth, the author tackles such salient issues as the following: effect of perceived inefficiencies and high costs on arbitration legitimacy; alleged commercialization of the arbitrator’s function; possible ethical problem raised by financial remuneration for rendering justice; what motivates a person to arbitrate; market for arbitrators’ functioning and failures, providing a better understanding of how actors could behave in such a specific market; structural and artificial entry barriers; effect of an arbitrator’s strategic behavior on the arbitrator’s function; limitations on an arbitrator’s rationality; and preventing and correcting these limitations. Numerous references to customs and procedures in major arbitral jurisdictions and to international laws and conventions affecting the efficiency of the arbitrator’s function are included. Pursuing a non-prescriptive analysis, the author draws on the discipline of law and economics, rational choice theory, behavioral economics, and psychological work on bounded rationality. Understanding the arbitrator’s function as a legal institution that is influenced by the market, this pioneer in developing and systematizing the study of the market for arbitrators and how it works will prove of inestimable value to all stakeholders in the arbitration market. Arbitrators, policymakers, regulators, and academics will be enabled to open the way to a more efficient market for arbitrators and betterment in arbitration worldwide.

Title Stockholm Arbitration Yearbook 2020
Author Axel Calissendorff
Publisher Kluwer Law International B.V.
Release Date 2020-11-27
Category Law
Total Pages 320
ISBN 9789403524115
Language English, Spanish, and French
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Book Summary:

Each year, Stockholm is the arbitration seat of choice for numerous parties endeavouring to resolve international disputes. It is the second most used venue for investment disputes, and it is often the venue for disputes arising from the Energy Charter Treaty. This annual publication, launched under the auspices of the Stockholm Centre for Commercial Law, is designed to meet the information needs of arbitration practitioners and parties from all over the world. The present edition provides authoritative chapters, some of them with a Swedish angle, that address current matters of global concern in arbitration, including the following: dispute resolution in the financial sector; emergency arbitration; recent Swedish case law related to arbitration and in particular one seminal case; arbitrator liability; the right to a public hearing in arbitration; and squeeze-out arbitration. The Yearbook provides both perspective and detailed analyses that will be welcomed by arbitration practitioners, counsel, and judges deciding arbitration cases. It will also provide valuable insights for arbitration academics, in-house counsel at multinational companies, and arbitral institutions worldwide.

Title Precedent in International Arbitration
Author Emmanuel Gaillard
Publisher Juris Publishing, Inc.
Release Date 2008-06-01
Category Law
Total Pages 548
ISBN 9781933833149
Language English, Spanish, and French
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Book Summary:

IAI Series No. 5 The International Arbitration Institute (IAI) series on international arbitration is a new periodic series of publications that will focus on cutting edge issues and developments in international arbitration. About the IAI: The International Arbitration Institute (IAI), an organization created under the auspices of the Comite Francais de l'Arbitrage (CFA), was created to promote exchanges international arbitration. The IAI is designed to promote exchanges on current issues in the field of international commercial arbitration. Its activities include the regular organization of international conferences, colloquiums, as well as conducting various research projects. About the book: Arbitrators routinely refer in their decisions to awards rendered by other arbitral tribunals that deal with the same issues. However natural it may seem to arbitrators and to parties who will refer to arbitral precedents in an attempt to support their position, such an approach raises many practical and theoretical questions: Is there such a thing as arbitral precedent? What weight should arbitrators give to decisions previously rendered by other arbitral tribunals? Can arbitral "case law" exist without consistency? Does such consistency exist? Is it necessary or simply desirable? What is the respective weight to be given to arbitral and national case law when arbitrators have to decide a case in accordance with a given law? These are some of the questions that this book explores, in the context of both international commercial arbitration and investment arbitration.

Title Establishing Judicial Authority in International Economic Law
Author Joanna Jemielniak
Publisher Cambridge University Press
Release Date 2016-07-12
Category Law
Total Pages 344
ISBN 9781107147102
Language English, Spanish, and French
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Book Summary:

This book discusses how international judicial authority is established and managed in key fields of international economic law. Its unique legal-centric approach sees the consolidation of judicial authority as a universal trend and its broad international appeal makes it essential reading for researchers, practitioners and students alike.

Title Contemporary Issues in International Arbitration and Mediation The Fordham Papers 2015
Author Arthur W. Rovine
Publisher BRILL
Release Date 2016-12-15
Category Business & Economics
Total Pages 256
ISBN 9789004334557
Language English, Spanish, and French
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Book Summary:

The 2015 volume of Contemporary Issues in International Arbitration and Mediation: The Fordham Papers is a collection of important works in the field written by the speakers at the 2015 Fordham Law School Conference on International Arbitration and Mediation.

The Idea Of Arbitration by Jan Paulsson

Title The Idea of Arbitration
Author Jan Paulsson
Publisher Oxford University Press
Release Date 2013-11
Category Law
Total Pages 309
ISBN 9780199564163
Language English, Spanish, and French
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Book Summary:

Providing a theoretical examination of the concept of arbitration, this book explores the place of arbitration in the legal process and examines the ethical challenges to arbitral authority and its moral hazards.

Practising Virtue by Abby Cohen Smutny

Title Practising Virtue
Author Abby Cohen Smutny
Publisher Oxford University Press
Release Date 2015
Category Arbitration (International law)
Total Pages 816
ISBN 9780198739807
Language English, Spanish, and French
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Book Summary:

International arbitration has developed into a global system of adjudication, dealing with disputes arising from a variety of legal relationships: between states, between private commercial actors, and between private and public entities. It operates to a large extent according to its own rules and dynamics - a transnational justice system rather independent of domestic and international law. In response to its growing importance and use by disputing parties, international arbitration has become increasingly institutionalized, professionalized, and judicialized. At the same time, it has gained significance beyond specific disputes and indeed contributes to the shaping of law. Arbitrators have therefore become not only adjudicators, but transnational lawmakers. This has raised concerns over the legitimacy of international arbitration. Practising Virtue looks at international arbitration from the 'inside', with an emphasis on its transnational character. Instead of concentrating on the national and international law governing international arbitration, it focuses on those who practice international arbitration, in order to understand how it actually works, what its sources of authority are, and what demands of legitimacy it must meet. Putting those who practice arbitration into the centre of the system of international arbitration allows us to appreciate the way in which they contribute to the development of the law they apply. This book invites eminent arbitrators to reflect on the actual practice of international arbitration, and its contribution to the transnational justice system.

Title Precedents and Case Based Reasoning in the European Court of Justice
Author Marc Jacob
Publisher Cambridge University Press
Release Date 2014-03-20
Category Law
Total Pages 351
ISBN 9781107045491
Language English, Spanish, and French
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Book Summary:

Marc Jacob analyses in depth the most important justificatory and decision-making tool of one of the world's most powerful courts.

Title The Principles and Practice of International Commercial Arbitration
Author Margaret L. Moses
Publisher Cambridge University Press
Release Date 2008-03-17
Category Law
Total Pages 86
ISBN 9781139469975
Language English, Spanish, and French
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Book Summary:

This title provides the reader with immediate access to understanding the world of international arbitration. Arbitration has become the dispute resolution method of choice in international transactions. This book explains how and why arbitration works. It provides the legal and regulatory framework for international arbitration, as well as practical strategies to follow and pitfalls to avoid. It is short and readable, but comprehensive in its coverage of the basic requirements, including changes in arbitration laws, rules, and guidelines. In the book, the author includes insights from numerous international arbitrators and counsel, who tell firsthand about their own experiences of arbitration and their views of the best arbitration practices. Throughout the book, the principles of arbitration are supported and explained by the practice, providing a concrete approach to an important means of resolving disputes.

Title The Law of Judicial Precedent
Author Anonim
Publisher Unknown
Release Date 2021
Category
Total Pages 86
ISBN 0314634207
Language English, Spanish, and French
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Book Summary:

Arbitration Awards by Vijay K. Bhatia

Title Arbitration Awards
Author Vijay K. Bhatia
Publisher Cambridge Scholars Publishing
Release Date 2012-11-13
Category Law
Total Pages 260
ISBN 9781443842778
Language English, Spanish, and French
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Book Summary:

This volume focuses on arbitration awards as a discursive genre and draws on the results of research on the discourses of international commercial arbitration conducted within the framework of an international project (“International Commercial Arbitration Practices: A Discourse Analytical Study”) setting out to explore the hypothesis that, as suggested in recent times by various scholars, arbitration practice, procedures and discourses are being increasingly contaminated by litigation, thus compromising the integrity of arbitration principles. The genre investigated is especially interesting in this respect, as arbitration awards represent the final textual outcome of arbitration proceedings. The various chapters of the book, based on the analysis of different international corpora of arbitration awards in various languages (English, French, Italian, Spanish and Chinese), attack the same theme, investigating different aspects of the discursive construction of awards, with a view to identifying any elements of interdiscursivity that may provide evidence for or against the main hypothesis. The discussion of these issues also has theoretical relevance, as it provides interesting insights into the mechanisms that preside over the contamination and hybridization among genres in professional practice.

Title The Law of Higher Education 2 Volumes
Author William A. Kaplin
Publisher John Wiley & Sons
Release Date 2006-12-13
Category Education
Total Pages 1800
ISBN 9780787988241
Language English, Spanish, and French
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Book Summary:

This fourth edition of the indispensable guide to the laws that bear on the conduct of higher education provides a revised and up-to-date reference, research source, and guide for administrators, attorneys, and researchers. The book is also widely used as a text for graduate courses on higher education law in programs preparing higher education administrators for leadership roles. This new edition includes new and expanded sections on laws related to: * religious issues * alternative dispute resolution * the college and its employees * collective bargaining at religious and private colleges * whistleblower and other employee protections * personal liability of employees * nondiscrimination and affirmative action in employment * campus technology and computer networks * disabilities * student academic freedom * freedom of speech and hate speech * student organizations' rights, responsibilities, and activities fees * athletes' rights * USA patriot act and immigration status * public institutions and zoning regulations * regulation of research * coverage of retaliatory and extraterritorial acts * federal civil rights statues

Title Clearinghouse Review
Author Anonim
Publisher Unknown
Release Date 1993
Category Consumer protection
Total Pages 86
ISBN OSU:32437010769053
Language English, Spanish, and French
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Book Summary:

Title The Independence and Impartiality of ICSID Arbitrators
Author Maria Nicole Cleis
Publisher Nijhoff International Investme
Release Date 2017
Category Law
Total Pages 292
ISBN 9004341471
Language English, Spanish, and French
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Book Summary:

In The Independence and Impartiality of ICSID Arbitrators, Maria Nicole Cleis examines the standard of independence required under the ICSID Convention, as evidenced in existing disqualification decisions, and makes novel suggestions for reforms to ensure unbiased decision-making.

Decisions And Orders Of The National Labor Relations Board by United States. National Labor Relations Board

Title Decisions and Orders of the National Labor Relations Board
Author United States. National Labor Relations Board
Publisher Unknown
Release Date 1988
Category Labor laws and legislation
Total Pages 86
ISBN UIUC:30112105115791
Language English, Spanish, and French
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Book Summary:

Title Investment Treaty Arbitration as Public International Law
Author Eric De Brabandere
Publisher Cambridge University Press
Release Date 2014-09-15
Category Law
Total Pages 264
ISBN 9781107066878
Language English, Spanish, and French
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Book Summary:

This book demonstrates how the public international law character of investment treaty arbitration has impacted on the dispute settlement procedure.

The Law Market by Erin A. O'Hara

Title The Law Market
Author Erin A. O'Hara
Publisher Oxford University Press
Release Date 2009-02-09
Category Law
Total Pages 288
ISBN 0199718482
Language English, Spanish, and French
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Book Summary:

Today, a California resident can incorporate her shipping business in Delaware, register her ships in Panama, hire her employees from Hong Kong, place her earnings in an asset-protection trust formed in the Cayman Islands, and enter into a same-sex marriage in Massachusetts or Canada--all the while enjoying the California sunshine and potentially avoiding many facets of the state's laws. In this book, Erin O'Hara and Larry E. Ribstein explore a new perspective on law, viewing it as a product for which people and firms can shop, regardless of geographic borders. The authors consider the structure and operation of the market this creates, the economic, legal, and political forces influencing it, and the arguments for and against a robust market for law. Through jurisdictional competition, law markets promise to improve our laws and, by establishing certainty, streamline the operation of the legal system. But the law market also limits governments' ability to enforce regulations and protect citizens from harmful activities. Given this tradeoff, O'Hara and Ribstein argue that simple contractual choice-of-law rules can help maximize the benefits of the law market while tempering its social costs. They extend their insights to a wide variety of legal problems, including corporate governance, securities, franchise, trust, property, marriage, living will, surrogacy, and general contract regulations. The Law Market is a wide-ranging and novel analysis for all lawyers, policymakers, legislators, and businesses who need to understand the changing role of law in an increasingly mobile world.

Title Alternative Dispute Resolution in the Employment Arena
Author Samuel Estreicher
Publisher Kluwer Law International B.V.
Release Date 2004-01-01
Category Law
Total Pages 998
ISBN 9789041121844
Language English, Spanish, and French
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Book Summary:

This volume, which reprints the proceedings of the New York University 53rd Annual Conference on Labour, features work that provides data to answer many of the questions that form the basis of many of the policy arguments. The contributors explore solutions to problems in the American workplace.