Suchergebnisse

There is probably no area of activity more in need of reliable dispute resolution procedures than construction projects, especially if more than one jurisdiction is involved. The third edition of this eminently practical guide greatly facilitates the process for all parties concerned. The text, updated to include the latest edition of arbitral rules and introducing the Prague Rules, considers the full range of available dispute resolution methods, including mediation, conciliation and determination by dispute review boards, before focusing specifi cally on arbitration. The book then looks in detail at all aspects of arbitration, from commencement of proceedings, selection of the tribunal, through preparation and collection of the evidence necessary in complex construction cases, to common procedural issues, the conduct of the hearing, the effect of the award, challenges to it and its enforcement. The third edition addresses fresh thinking on MedArb, guidance on preparation for and conduct of virtual hearings in the wake of COVID-19, technological advances to assist collection and presentation of evidence, litigation funding and includes a new chapter on the role of arbitration in tender disputes. Specific valuable features include the following: - guidance on the drafting of dispute resolution provisions designed to minimise disputes and facilitate their swift resolution; - flowcharts to illustrate the stages in dispute procedures and arbitration; - a comparison between common law and civil law approaches to key concepts; - details of the key features of a construction contract, common standard forms and procurement structures; - expert guidance on effective contract administration; - step-by-step advice on the conduct of a construction arbitration to maximise effi ciency; and - coverage of particular issues thrown up by complex construction disputes which differentiate them from other commercial disputes, with guidelines on how to approach such issues in the presentation before a tribunal. As an easy-to-use resource for both general counsel and the lawyers in private practice, this book has no peers. It has proved to be of particular value to commercial contract negotiators and corporate counsel who may have many years of experience but have not had to live through a construction dispute or manage a construction contract during the life of a project. Lawyers in private practice embarking on a construction dispute for the fi rst time will also fi nd this book of value, as will students of dispute resolution

International law can be created by other means than treaties between states. This book investigates the philosophical questions posed by the treatment of international arbitration as law, such as those relating to sovereignty and territoriality, and sets out conditions which international arbitration must meet in order to form legitimate law.

Foreword --Table of Abbreviations --Table of EU Case Law --Introduction --The Objectives of Competition Law --The Enforcement of Community Law --The Content of EC Competiton Law --Arbitrability --The Application of Mandatory Norms --Taking EC Competition Law Seriously --EC Competition Law Assistance in International Arbitration --Overview of Substantive Analysis in Practice --Legal Relief --Bibliography.

International arbitration is one of the main mechanisms to settle cross-border disputes between states, private commercial actors, and private and public entities. Yet its theoretical penetration is incomplete. This book, by arbitrators, counsel, and scholars, provides fundamental theoretical insights into international arbitration.

Foreword / Yves Derains -- Introduction / Antonias Dimolitsa -- 1. A financing is a financing is a financing / Georges Affaki -- 2. Third-party investing in international arbitration claims: to invest or not to invest? A daunting question / Selvyn Seidel -- 3. "Corporate governance" rules are coming to third-party financing of international arbitration (and in general) / Selvyn Seidel and Sandra Sherman -- 4. Overview of arbitration finance / Christopher Bogart -- 5. Risk management tools for respondents: here be dragons / Mark Kantor -- 6. Third-party funding in international arbitration: issues for counsel / Charles Kaplan -- 7. Third-party funding: disclosure, joinder and impact on arbitral proceedings / Laurent Lévy and Régis Bonnan -- 8. Third-party funding in international arbitration: towards mandatory disclosure of funding agreements? / Maxi Scherer -- 9. Third-party funding in investor-state arbitration: introduction and overview / Carolyn Lamm and Eckhard R. Hellbeck -- 10. Third-party funding in international investment arbitration: the elephant in the room / Angelynn Meya -- 11. Third-party funding and "mass" claims in investment arbitrations / Antonio Crivellaro -- 12. Concluding remarks / Bernardo Cremades.