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Books > Law > International law > Settlement of international disputes > International arbitration

The Law of Arbitration: South African and international arbitration (Paperback, 2nd ed): Peter Ramsden The Law of Arbitration: South African and international arbitration (Paperback, 2nd ed)
Peter Ramsden
R815 R687 Discovery Miles 6 870 Save R128 (16%) Ships in 4 - 8 working days

Building on the success of the first edition, the second edition of The Law of Arbitration: South African and International Arbitration sets out the South African common law, legislation and local and international case law applicable to each stage of the arbitration cycle, including the arbitration agreement, intervention by courts pending arbitration, the appointment of and challenges to the arbitrators, the pleadings and arbitration proceedings, and the arbitration award. A brief overview of alternative dispute resolution approaches is also provided as a contextual introduction.

The second edition now incorporates the new International Arbitration Act 15 of 2017 and updates the references to local case law as well as international case law relating to the UNCITRAL Model Arbitration Law (MAL). Act 15 of 2017 cements South Africa’s position not only as a venue for international arbitration but also for the enforcement of foreign arbitral awards, making this title indispensable for South African arbitrators wanting to gain experience in international arbitration.

The following appendices are incorporated in the second edition of The Law of Arbitration:

  • The Arbitration Act 42 of 1965;
  • The Rules for the Conduct of Arbitrations (2018 Edition) of the Association of Arbitrators (Southern Africa);
  • The International Arbitration Act 15 of 2017, together with its Schedules (UNCITRAL Model Law on International Commercial Arbitration; UNCITRAL Conciliation Rules; Convention on The Recognition and Enforcement of Foreign Arbitral awards)
Proportionality, Reasonableness and Standards of Review in International Investment Law and Arbitration (Hardcover): Valentina... Proportionality, Reasonableness and Standards of Review in International Investment Law and Arbitration (Hardcover)
Valentina Vadi
R2,884 Discovery Miles 28 840 Ships in 10 - 15 working days

International investment law is one of the most dynamic fields of international law, and yet it has been criticised for failing to strike a fair balance between private and public interests. In this valuable contribution to the current debate, Valentina Vadi examines the merits and pitfalls of arbitral tribunals' use of the concepts of proportionality and reasonableness to review the compatibility of a state's regulatory actions with its obligations under international investment law. Investment law scholars have hitherto given greater attention to the concept of proportionality than to reasonableness; this pivotal book combats this trajectory by examining both concepts in such a way that it does not advocate one over the other, but instead enables the reader to make informed choices. The author also explores the intensity of review as one of the main tools to calibrate the different interests underlying investor-state arbitrations. This timely book offers a useful conceptual framework for reconciling the opposing interests at stake, making it a valuable resource for international law scholars and practitioners and other interested readers.

Private International Law and Arbitration (Hardcover): Jack J. Coe, Donald E. Childress Private International Law and Arbitration (Hardcover)
Jack J. Coe, Donald E. Childress
R14,138 Discovery Miles 141 380 Ships in 10 - 15 working days

This groundbreaking collection brings together leading work at the intersection of private international law and arbitration. The selected articles span seven decades and cover a wide range of topics, from international arbitration agreements and choice of law to the enforcement of awards and arbitration involving states. Edited by two recognised experts in the field, and featuring an original introduction written by the editors, these volumes provide an essential research resource for students, academics and practitioners alike.

Investment Treaty Arbitration - Problems and Exercises (Hardcover): Kaj Hober Investment Treaty Arbitration - Problems and Exercises (Hardcover)
Kaj Hober; As told to Joel Dahlquist Cullborg
R4,412 Discovery Miles 44 120 Ships in 10 - 15 working days

Investment Treaty Arbitration is an excellent teaching tool for lecturers and readers of international investment arbitration. This casebook includes over 40 exercises based on real-life disputes, helping readers evaluate and analyse all aspects of the topic. Intended to set out a basis for discussion in seminars, the material has been developed by eminent practitioner and academic Kaj Hober, using a teaching structure proven to be successful. Key Features: * extensive examples of cases alongside seminar exercises and mini mock arbitrations to help students put their knowledge into practice * material built on the problem-based learning method, using fact patterns and allowing for in-depth discussion and a confident understanding of complex arbitration cases * exercises including questions to answer, problems to solve and group exercises, alongside excerpts of the relevant cases for annotation and analysis. The most wide-ranging textbook in the area, covering both substantive investment law and arbitration, this will become the key casebook for Masters level courses or other advanced courses in international arbitration. It will also serve as a supplementary text for those studying investment law more broadly.

The Cambridge Handbook of Judicial Control of Arbitral Awards (Hardcover): Larry A. DiMatteo, Marta Infantino, Nathalie M-P... The Cambridge Handbook of Judicial Control of Arbitral Awards (Hardcover)
Larry A. DiMatteo, Marta Infantino, Nathalie M-P Potin
R5,319 Discovery Miles 53 190 Ships in 10 - 15 working days

A unique collaboration between academic scholars, legal practitioners, and arbitrators, this handbook focuses on the intersection of arbitration - as an alternative to litigation - and the court systems to which arbitration is ultimately beholden. The first three parts analyze issues relating to the interpretation of the scope of arbitration agreements, arbitrator bias and conflicts of interest, arbitrator misconduct during the proceedings, enforceability of arbitral awards, and the grounds for vacating awards. The next section features fifteen country-specific reviews, which demonstrate that, despite the commonality of principles at the international level, there is a significant amount of differences in the application of those principles at the national level. This work should be read by anyone interested in the general rules and principles of the enforceability of foreign arbitral awards and the grounds for courts to vacate or annul such awards.

Investment Treaty Arbitration - Problems and Exercises (Paperback): Kaj Hober Investment Treaty Arbitration - Problems and Exercises (Paperback)
Kaj Hober; As told to Joel Dahlquist Cullborg
R1,304 Discovery Miles 13 040 Ships in 10 - 15 working days

Investment Treaty Arbitration is an excellent teaching tool for lecturers and readers of international investment arbitration. This casebook includes over 40 exercises based on real-life disputes, helping readers evaluate and analyse all aspects of the topic. Intended to set out a basis for discussion in seminars, the material has been developed by eminent practitioner and academic Kaj Hober, using a teaching structure proven to be successful. Key Features: * extensive examples of cases alongside seminar exercises and mini mock arbitrations to help students put their knowledge into practice * material built on the problem-based learning method, using fact patterns and allowing for in-depth discussion and a confident understanding of complex arbitration cases * exercises including questions to answer, problems to solve and group exercises, alongside excerpts of the relevant cases for annotation and analysis. The most wide-ranging textbook in the area, covering both substantive investment law and arbitration, this will become the key casebook for Masters level courses or other advanced courses in international arbitration. It will also serve as a supplementary text for those studying investment law more broadly.

Foreign-Related Arbitration in China 2 Volume Hardback Set - Commentary and Cases (Hardcover): Fan Yang Foreign-Related Arbitration in China 2 Volume Hardback Set - Commentary and Cases (Hardcover)
Fan Yang
R6,055 Discovery Miles 60 550 Ships in 10 - 15 working days

This overview and analysis of current arbitration law and practice in mainland China offers critical analysis of significant Chinese arbitration law materials and key cases decided by the Supreme People's Court of the People's Republic of China (PRC). It also provides the full texts of around two hundred decisions of the Supreme People's Court of the PRC dating from 1990 to 2013, with enclosures of lower People's Courts' decisions presented in a systematic fashion. The analysis not only highlights the importance of the materials, judicial interpretations and key cases, but also enables readers to read mainland Chinese statutes, judiciary interpretations and cases independently and confidently.

International Commercial Arbitration and the Brussels I Regulation (Hardcover): Louise Hauberg Wilhelmsen International Commercial Arbitration and the Brussels I Regulation (Hardcover)
Louise Hauberg Wilhelmsen
R3,781 Discovery Miles 37 810 Ships in 10 - 15 working days

This new work provides a timely and in-depth examination of the interface between the recast Brussels I Regulation and international commercial arbitration. The nature of the exclusion of arbitration from the original Brussels I Regulation on the recognition and enforcement of judgments, and subsequent decisions of the CJEU in cases such as West Tankers, resulted in the use of delaying tactics by parties wishing to avoid arbitration agreements. The recast Brussels I Regulation sought to remedy the situation by clarifying the extent of the arbitration exclusion and providing further detail on the relationship between arbitration and the Regulation, with the aim of promoting the efficient resolution of international disputes within the European Union. While the recast Brussels I Regulation has gone some way to remedy the situation, problems remain for those engaged in international disputes in EU member states. Key features of this book include: * Comprehensive analysis of the interface between the recast Brussels I Regulation and international commercial arbitration * Examination of the dilatory tactics which may be employed to avoid arbitration such as forum shopping, commencing parallel proceedings and obtaining conflicting decisions * Guidance on how these tactics are addressed in national and international law * Assessment of the EU, international and national laws that apply to these tactics. Practitioners working within the fields of international commercial arbitration, civil litigation and private international law will find this work a valuable resource, providing a unique and detailed treatment of this important and technical subject.

Arbitrating Brands - International Investment Treaties and Trade Marks (Hardcover): Metka Potocnik Arbitrating Brands - International Investment Treaties and Trade Marks (Hardcover)
Metka Potocnik
R2,621 Discovery Miles 26 210 Ships in 10 - 15 working days

Brand recognition is crucial to companies promoting the sale of products and services. Directors invest considerable revenue into developing brand imagery that is unique and identifiable. Linking intellectual property law and international investment law, Arbitrating Brands takes the opportunity to analyse trade marks and brands as examples of foreign direct investment. In light of the Phillip Morris cases against Australia and Uruguay, Metka Potocnik explores the substantive protection of trade marks under international investment treaties, unpacking the specifics of arbitrating investment claims arising out of state trade mark regulation. Utilising plain packaging regulation for tobacco products as a springboard for analysis, this book offers a practical approach with recommendations for arbitrators on how to approach trade mark investment cases. Detailed and insightful, this book is essential reading for arbitration practitioners, offering practical analytical tools to approaching the adjudication of trade mark investment disputes. It will also be of interest to the growing group of researchers and students focusing on intellectual property arbitration. Furthermore, brand owners following developments in the field will benefit from this book's insight into the trajectories of trade mark legislation.

Rules and Practices of International Investment Law and Arbitration (Paperback): Yannick Radi Rules and Practices of International Investment Law and Arbitration (Paperback)
Yannick Radi
R1,275 Discovery Miles 12 750 Ships in 7 - 11 working days

International investment law and arbitration is its own 'galaxy', made up of thousands of treaties to be read in relation to hundreds of awards. It is also diverse, as treaty and arbitration practices display nuances and differences on a number of issues. While it has been expanding over the past few decades in quantitative terms, this galaxy is now developing new traits as a reaction to the criticisms formulated across civil society in relation to the protection of public interest. This textbook enables readers to master and make sense of this galaxy in motion. It offers an up-to-date, comprehensive and detailed analysis of the rules and practices which form international investment law and arbitration, covering its substantive, institutional and procedural aspects. Using analytical and practice-oriented approaches, it provides analyses accessible to readers discovering this field anew, while it offers a wealth of in-depth studies to those who are already familiar with it.

Redfern and Hunter on International Arbitration (Paperback, 6th Revised edition): Nigel Blackaby, Constantine Partasides, Alan... Redfern and Hunter on International Arbitration (Paperback, 6th Revised edition)
Nigel Blackaby, Constantine Partasides, Alan Redfern, Martin Hunter
R1,300 R1,127 Discovery Miles 11 270 Save R173 (13%) In stock

This leading commentary on international commercial arbitration, now in its sixth edition, is an essential guide for arbitrators, lawyers, and students. Based on the authors' extensive experience as counsel and arbitrators, it provides an updated explanation of all elements of the law and practice of arbitration. This text provides an authoritative guide to the international arbitral process, from the drafting of the arbitration agreement to the enforcement of arbitral awards. The sixth edition has been updated to incorporate reference to the latest significant developments in the field such as the new LCIA, ICC and UNCITRAL Rules and new IBA Guidelines. There will also be an increased reference to international arbitral authority and practice from beyond Europe (China, India, and the US). Following the chronology of an arbitration, the book covers applicable laws, arbitration agreements, the establishment and powers of a tribunal, the conduct of proceedings and the role of domestic courts. In addition, it provides an in-depth examination of the award itself, and comments on the special considerations applying to arbitrations brought under investment treaties. It draws on examples of the rules and practice of arbitration at the International Chamber of Commerce, the London Court of International Arbitration, the American Arbitration Association, the International Centre for Settlement of Investment Disputes and the United Nations Commission on International Trade Law.

International Investment Law and Arbitration - Commentary, Awards and other Materials (Paperback): Chin Leng Lim, Jean Ho,... International Investment Law and Arbitration - Commentary, Awards and other Materials (Paperback)
Chin Leng Lim, Jean Ho, Martins Paparinskis
R1,210 Discovery Miles 12 100 Ships in 10 - 15 working days

What was once a contested body of principles applied peripherally to the international settlement of expropriation disputes has been transformed and in its place now stands an important area of international disputes practice. International Investment Law and Arbitration offers a comprehensive introduction to the subject. Presenting the facts of daily legal practice and the largely unaltered aims of the subject alongside a broad selection of key awards and original materials, historical developments are discussed in the context of the changing directions in the arbitral jurisprudence and current treaty and arbitration reform debate. Key features: accessible and engaging commentary integrated throughout, end of chapter questions test reader understanding, further reading lists support and encourage exploration of the subject. Suitable for postgraduate law students studying modules on international investment arbitration, International Investment Law and Arbitration offers an indispensable introduction to the subject.

International Commercial Arbitration - A Transnational Perspective (Hardcover, 7th Revised edition): Tibor Varady, John J.... International Commercial Arbitration - A Transnational Perspective (Hardcover, 7th Revised edition)
Tibor Varady, John J. Barcelo III, Stefan Kroll, Arthur T. von Mehren
R6,538 R5,897 Discovery Miles 58 970 Save R641 (10%) Ships in 10 - 15 working days

This innovative casebook on International Commercial Arbitration-currently used on several continents- approaches the subject as uniquely transnational law. Authored by three leading arbitration experts coming from different legal backgrounds who have taught worldwide, it covers international conventions, court decisions, arbitral awards, statutes, and arbitration rules from all over the world. This thoroughly updated 7th edition includes new or expanded sections on, for example, third-party funding, enhanced transparency-particularly in investment arbitration-(amidst concerns for confidentiality), and difficulties in appointing and challenging arbitrators (concerning "issue conflict", "double hatting", and equal representation). The 7th edition adds new cases, for example, on enforcing annulled awards, the negative effect of Kompetenz-Kompetenz, and on non-arbitral issues in corporate disputes. It also adds new problems for student study and analysis. This completely updated edition includes new and current treaties and legislative acts, such as, the 2014 Convention on Transparency in Investor-State Arbitration, the 2015 amendments to the Indian Arbitration Act, the 2016 amendments to the Belgian Judicial Code and new or updated institutional rules, such as the new 2017 ICC Rules, the 2016 ICC Note to Parties and Arbitral Tribunals on the Conduct of Arbitration, the 2017 SCC Rules, the 2018 VIAC Rules, and the 2018 DIS Rules.

Documents Supplement to International Commercial Arbitration - A Transnational Perspective (Paperback, 7th Revised edition):... Documents Supplement to International Commercial Arbitration - A Transnational Perspective (Paperback, 7th Revised edition)
Tibor Varady, John Barcelo III, Stefan Kroell
R1,613 R1,501 Discovery Miles 15 010 Save R112 (7%) Ships in 10 - 15 working days

This documents supplement contains the latest versions of arbitration's primary sources, including the New York Convention (listing the 159 country parties as of October, 2018), the UNCITRAL Arbitration Rules and UNCITRAL Model Law (including the 2006 amendments), national arbitration statutes, leading institutional rules, and Codes of Conduct for arbitrators. It contains important recent changes in these sources, such as the new 2017 ICC Arbitration Rules; the Indian Arbitration Act as amended in 2015; the 2013 amendment to the UNCITRAL Arbitration Rules; and a new document, the 2014 UNCITRAL Rules on Transparency in Treaty-Based Investor-State Arbitration.

International Negotiation - A Process of Relational Governance for International Common Interest (Hardcover): Evangelos... International Negotiation - A Process of Relational Governance for International Common Interest (Hardcover)
Evangelos Raftopoulos
R2,091 Discovery Miles 20 910 Ships in 10 - 15 working days

Evangelos Raftopoulos explores international negotiation as a structured process of relational governance that generates international common interest between and among international participants and in relation to the international public order. He challenges prescriptive models of negotiation - developed in international relations and positivistic approaches to international law, which artificially separate treaties from negotiation in the name of 'objectivity' - and opens a window for looking at international negotiations from a novel, international law perspective. Using an interdisciplinary approach that incorporates law, philosophy, politics, and linguistics, he proposes a holistic, theoretical model of multilateral international negotiation that not only offers a 'subjective' view of international law in practice but also demonstrates the importance of understanding the horizontal normativity of international ordering. This work should be read by academics and practitioners of international law and negotiations, officials of international organizations, and anyone else interested in international law and international relations.

Rethinking International Commercial Arbitration - Towards Default Arbitration (Hardcover): Gilles Cuniberti Rethinking International Commercial Arbitration - Towards Default Arbitration (Hardcover)
Gilles Cuniberti
R2,475 Discovery Miles 24 750 Ships in 10 - 15 working days

This innovative book proposes a fundamental rethink of the consensual foundation of arbitration and argues that it should become the default mode of resolution in international commercial disputes. The book first discusses the most important arguments against this proposal and responds to them. In particular, it addresses the issue of the legitimacy of arbitrators and the compatibility of the idea with guarantees afforded by European human rights law and US constitutional law. The book then presents several models of non-consensual arbitration that could be implemented to afford neutral adjudication in disputes between parties originating from different jurisdictions, to offer an additional alternative forum in the doctrine of forum non conveniens or to save judicial costs. The first dedicated exploration into the groundbreaking concept of default arbitration, Rethinking International Commercial Arbitration will appeal to scholars, students and practitioners in arbitration and international litigation.

An Introduction to International Arbitration (Paperback): Ilias Bantekas An Introduction to International Arbitration (Paperback)
Ilias Bantekas
R780 Discovery Miles 7 800 Ships in 10 - 15 working days

This concise yet comprehensive textbook introduces the reader to the law and practice of international arbitration. Arbitration is a complex field due to the variety of disciplines involved and necessitates an approach that takes nothing for granted. Written by a renowned scholar and practitioner, this book explains the divergent issues of civil procedure, contracts, conflict of laws, international law amongst others in an accessible manner. Focusing mainly on international commercial arbitration, the book also features a distinct chapter on consumer and online arbitration and an equally comprehensive chapter on international investment arbitration.

The IBA Guidelines on Party Representation in International Arbitration - A Guide (Hardcover): Peter Ashford The IBA Guidelines on Party Representation in International Arbitration - A Guide (Hardcover)
Peter Ashford
R2,467 Discovery Miles 24 670 Ships in 10 - 15 working days

The guidelines on party representation are one of three key publications published by the IBA and are commonly referred to or adopted as good practice in international arbitration. This user-friendly handbook to the guidelines will benefit the understanding and practical application of arbitration protocol in the legal community. Written by a respected and experienced arbitration practitioner, this is a companion volume to The IBA Rules on the Taking of Evidence in International Arbitration (2013) and combines commentary from the drafting committee, additional analysis of the guidelines and tabular comparative material addressing the interaction with Major Professional Conduct Rules and Major Institutional Rules. It is a convenient and invaluable resource for best practice on the duties of arbitrators, institutions and other representatives in this field.

Practitioner's Handbook on International Commercial Arbitration (Hardcover, 3rd Revised edition): Frank Bernd Weigand,... Practitioner's Handbook on International Commercial Arbitration (Hardcover, 3rd Revised edition)
Frank Bernd Weigand, Antje Baumann
R8,957 Discovery Miles 89 570 Ships in 10 - 15 working days

The Practitioner's Handbook on International Commercial Arbitration provides reports on the arbitration systems and laws of 13 countries in addition to commentaries on the arbitration rules of ICC, ICDR, LCIA, and UNCITRAL Arbitration Rules as well as on the UNCITRAL Model Law and the New York Convention. This comprehensive overview of the key arbitral jurisdictions and the most important arbitral rules and conventions makes it a unique and indispensable work that belongs on the desk of each practitioner. Written by world-leading arbitration practitioners and academics, this book combines a practical approach with in-depth legal research and analyses of important national and international case law. This new edition is written to meet the needs of both the non-specialist lawyer requiring quick and useful information on a particular legal system or set of rules or interested in a concise general introduction into the law of international arbitration, and the experienced arbitration practitioner looking for well-founded information on a particular issue.

A Guide to the CIETAC Arbitration Rules (Hardcover): Jianlong Yu, Lijun Cao A Guide to the CIETAC Arbitration Rules (Hardcover)
Jianlong Yu, Lijun Cao
R3,339 Discovery Miles 33 390 Ships in 10 - 15 working days

The China International Economic and Trade Arbitration Commission (CIETAC) is the largest permanent arbitration centre in the world, with a fast-growing case load and rising international profile. This commentary on the CIETAC 2012 Arbitration Rules provides guidance on the rules, alongside practical and procedural recommendations from practitioners of unparalleled experience. This is a rule-by-rule examination of the inception, interpretation and application of the new rules, which makes comparative reference to the rules of other institutions and considers all relevant case law and legislation. The commentary groups the rules thematically according to the principle areas of practitioner interest, including chapters on: Jurisdiction and the Arbitration Agreement; Commencing the Arbitration; Formation and Challenges to the Arbitral Tribunal; Conduct of Proceedings; Awards; Summary Procedure and Costs. The text concludes with a chapter on the practical aspects of arbitrating in China, ensuring the book is a comprehensive reference work for practitioners in the field.

International Commercial Arbitration in New York (Hardcover, 2nd Revised edition): James H. Carter, John Fellas International Commercial Arbitration in New York (Hardcover, 2nd Revised edition)
James H. Carter, John Fellas
R6,421 Discovery Miles 64 210 Ships in 10 - 15 working days

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. The second edition of International Commercial Arbitration in New York encompasses five years of developments in New York and other US international arbitration law since the first edition appeared. Every chapter has been updated, and the new edition includes an entirely new chapter on the legal and practical aspects of conducting an arbitration hearing in New York, covering such subjects as rights to appear as a representative of a party, subpoenas to compel attendance of witnesses, confidentiality of proceedings, and witness testimony and instructions. This collection 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 the arbitral process and the New York courts, including jurisdiction, enforcing arbitration agreements, obtaining preliminary relief, and discovery. Class action arbitration, challenging and enforcing arbitral awards, and biographical materials on New York-based international arbitrators are also included, making this a comprehensive, valuable resource for practitioners. New York continues to be the leading venue for international commercial arbitration in the US, and this book is the only comprehensive treatment of its law and practices. The first edition was described as "a wonderful and important book . . . a must for all those seriously engaged in the practice or study of international arbitration in New York and in the United States" (Arbitration International) and "an excellent resource for practitioners anywhere in the world who are or may become involved in an international commercial arbitration seated in New York City" (Global Arbitration Review).

The Evolution of International Arbitration - Judicialization, Governance, Legitimacy (Paperback): Alec Stone Sweet, Florian... The Evolution of International Arbitration - Judicialization, Governance, Legitimacy (Paperback)
Alec Stone Sweet, Florian Grisel
R739 Discovery Miles 7 390 Ships in 10 - 15 working days

The development of international arbitration as an autonomous legal order comprises one of the most remarkable stories of institution building at the global level over the past century. Today, transnational firms and states settle their most important commercial and investment disputes not in courts, but in arbitral centres, a tightly networked set of organizations that compete with one another for docket, resources, and influence. In this book, Alec Stone Sweet and Florian Grisel show that international arbitration has undergone a self-sustaining process of institutional evolution that has steadily enhanced arbitral authority. This judicialization process was sustained by the explosion of trade and investment, which generated a steady stream of high stakes disputes, and the efforts of elite arbitrators and the major centres to construct arbitration as a viable substitute for litigation in domestic courts. For their part, state officials (as legislators and treaty makers), and national judges (as enforcers of arbitral awards), have not just adapted to the expansion of arbitration; they have heavily invested in it, extending the arbitral order's reach and effectiveness. Arbitration's very success has, nonetheless, raised serious questions about its legitimacy as a mode of transnational governance. The book provides a clear causal theory of judicialization, original data collection and analysis, and a broad, relatively non-technical overview of the evolution of the arbitral order. Each chapter compares international commercial and investor-state arbitration, across clearly specified measures of judicialization and governance. Topics include: the evolution of procedures; the development of precedent and the demand for appeal; balancing in the public interest; legitimacy debates and proposals for systemic reform. This book is a timely assessment of how arbitration has risen to become a key component of international economic law and why its future is far from settled.

International Protection of Investments - The Substantive Standards (Hardcover): August Reinisch, Christoph Schreuer International Protection of Investments - The Substantive Standards (Hardcover)
August Reinisch, Christoph Schreuer
R6,503 Discovery Miles 65 030 Ships in 7 - 11 working days

This book outlines the protection standards typically contained in international investment agreements as they are actually applied and interpreted by investment tribunals. It thus provides a basis for analysis, criticism, and stocktaking of the existing system of investment arbitration. It covers all main protection standards, such as expropriation, fair and equitable treatment, full protection and security, the non-discrimination standards of national treatment and MFN, the prohibition of unreasonable and discriminatory measures, umbrella clauses and transfer guarantees. These standards are covered in separate chapters providing an overview of textual variations, explaining the origin of the standards and analysing the main conceptual issues as developed by investment tribunals. Relevant cases with quotations that illustrate how tribunals have relied upon the standards are presented in depth. An extensive bibliography guides the reader to more specific aspects of each investment standard permitting the book's use as a commentary of the main investment protection standards.

Shadow Courts - The Tribunals that Rule Global Trade (Paperback): Haley Sweetland Edwards Shadow Courts - The Tribunals that Rule Global Trade (Paperback)
Haley Sweetland Edwards
R274 R225 Discovery Miles 2 250 Save R49 (18%) Ships in 7 - 11 working days

International trade deals have become vastly complex documents, seeking to govern everything from labor rights to environmental protections. This evolution has drawn alarm from American voters, but their suspicions are often vague. In this book, investigative journalist Haley Sweetland Edwards offers a detailed look at one little-known but powerful provision in most modern trade agreements that is designed to protect the financial interests of global corporations against the governments of sovereign states. She makes a devastating case that Investor-State Dispute Settlement -- a "shadow court" that allows corporations to sue a nation outside its own court system -- has tilted the balance of power on the global stage. A corporation can use ISDS to challenge a nation's policies and regulations, if it believes those laws are unfair or diminish its future profits. From the 1960s to 2000, corporations brought fewer than 40 disputes, but in the last fifteen years, they have brought nearly 650 -- 54 against Argentina alone. Edwards conducted extensive research and interviewed dozens of policymakers, activists, and government officials in Argentina, Canada, Bolivia, Ecuador, the European Union, and in the Obama administration. The result is a major story about a significant shift in the global balance of power.

A Guide to the PCA Arbitration Rules (Paperback): Brooks Daly, Evgeniya Goriatcheva, Hugh Meighen A Guide to the PCA Arbitration Rules (Paperback)
Brooks Daly, Evgeniya Goriatcheva, Hugh Meighen
R1,407 Discovery Miles 14 070 Ships in 10 - 15 working days

This is a guide to and commentary on the new procedural rules for arbitration adopted by the Permanent Court of Arbitration (PCA) in December 2012. The PCA is a unique arbitral institution - an intergovernmental organization counting over one hundred member states - with a rapidly growing annual caseload of arbitrations involving various combinations of states, state entities, intergovernmental organizations, and private parties. The 2012 PCA Rules are the most recent set of arbitral rules from any institution, and constitute a consolidation of four sets of PCA Rules drafted in the 1990s, and updated in light of PCA experience and the revision of other procedural regimes. They include special provisions adapted to arbitrations involving public entities and a number of novel provisions drafted on the basis of the PCA's experience administering arbitrations. In recent years, the PCA caseload has expanded to the extent that the total amount in dispute in PCA cases is estimated to be greater than that in any other arbitral institution, increasing the need for a comprehensive guide to arbitration under its auspices. This text benefits from the unparalleled insights of its three co-authors, all of whom are PCA lawyers, one of whom is the Deputy Secretary-General of the PCA, and a member of the drafting committee for the 2012 PCA Rules. An introductory chapter, describing the mandate for the revised rules from the PCA member states, as well as the drafting process itself, is followed by a rule-by-rule analysis following the familiar structure of the rules themselves. This analysis is split into four sections: the introductory rules; the composition of the arbitral tribunal; arbitral proceedings; and the award. The comprehensive appendices are intended to reduce the need for recourse to other materials and provide a stand-alone resource.

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