Suchergebnisse

List of Abbreviations --Preface --Introduction --Intellectual Property, Agreements Relating to It and Disputes that Arise as to It or under Such Agreements --Benefits and Limitations of International Arbitration for IP Disputes --Arbitrability of IP Disputes --Legal and Regulatory Framework of an IP Arbitration --Arbitration Agreements --The Arbitral Tribunal --Organization and Conduct of Arbitral Proceedings and the Taking of Evidence --Confidentiality of Arbitral Proceedings --The Making, Setting Aside, Recognition and Enforcement of Arbitral Awards --IP Mediation --Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention), 1958 --WIPO Arbitration Rules 2002 English --WIPO Expedited Arbitration Rules 2002 English --WIPO Mediation Rules, 2002.

Cover -- Half Title -- Title -- Copyright -- Contents -- Table of cases -- Introduction -- 1 What is arbitration? -- 2 The laws and rules applicable to arbitration -- 3 The agreement to arbitrate -- 4 The arbitral tribunal -- 5 Arbitral proceedings -- 6 The arbitral award -- 7 Challenging and enforcing arbitral awards -- Index.

Introduction --Definition of Document Production and Distinction from Other Terms --Purpose of Document Production --Arbitral Tribunals' Broad Discretion --Interpretation of the IBA Rules --Document Production Strategies --The Expectations of the Parties --Model Clauses --Sanctions --Document Production Orders and Annulment and Enforcement of the Award --Conclusion.

Table of Contents -- Preface -- Forum Shopping in the International Commercial Arbitration Context: Setting the Stage -- A U. S. Perspective on Forum Shopping, Ethical Obligations, and International Commercial Arbitration -- Forum Shopping and the Determination of the Place of Arbitration -- Forum Shopping at the "Gateway" to International Commercial Arbitration -- Anti-arbitration Injunctions and Anti-suit Injunctions: An Anglo-European Perspective -- Enforcing Orders Against Third Parties (and Parties) for the Taking of Evidence in International Arbitration -- Interim Measures - Relevance of the Courts at the Place of Arbitration and Other Places -- Courts and the Constitution of the Arbitral Tribunal: A Comparative Analysis of Standards of Arbitrator Independence and Impartiality -- Forum Shopping in International Arbitration - Forum Non Conveniens and Lack of Personal Jurisdiction -- Setting Aside of Arbitral Awards and Forum Shopping in International Arbitration: Delocalization, Party Autonomy and National Courts in Post-Award Review -- Forum Shopping and Enforcement of Foreign Arbitral Awards: Notes on Public Policy -- Forum-Shopping and Post-Award Judgments -- Making Remission and Other "Curative" Mechanisms Part of the Forum Shopping Conversation - A View from the U. S. with Comparative Notes -- Enforcement after the Arbitration: From National Courts to Public International Law Fora

This work offers an in-depth study of the role of culture in modern day arbitral proceedings. It contains a detailed analysis of how cultural miscommunication affects the accuracy, efficiency, fairness, and legitimacy in both commercial and investment arbitration when the arbitrators and the parties, their counsel and witnesses come from diverse legal traditions and cultures. The text provides a comprehensive definition of culture, and methodically documents and examines the epistemology of determining facts in various legal traditions and how the mixing of traditions influences the outcome

In 'Addressing Corruption Allegations in International Arbitration', Brody K. Greenwald and Jennifer A. Ivers provide a comprehensive overview of the key issues that arise in international arbitrations involving allegations of corruption by drawing upon their significant experience in these high-stakes cases, including in the only two reported investment treaty cases dismissed specifically as a result of corruption. Their monograph is a valuable resource that analyzes, among other things, the public policy against corruption, the requirements for establishing corruption, issues relating to the burden and standard of proof, how corruption has been proved in practice, and the legal consequences where corruption is established. Greenwald and Ivers also assess issues that arise where a sovereign State raises an arbitration defense based on alleged corruption, but does not prosecute the alleged wrongdoers in its domestic courts

Preface --Effective Advocacy in Arbitration --Strategic Management in Commencing Arbitration --Effective Advocacy in the Written and Procedural Phases of Arbitration --Experts: Neutrals or Advocates? --The Hearing --Advocacy After the Issue of the Arbitral Award --Arbitration Advocacy and Constitutional Law --Keynote Address: Advocacy and Ethics in International Arbitration --List of Session Reporters.

Attorney-client privilege is often invoked as a defence in international arbitration proceedings. Nevertheless, the participants often have very different expectations regarding the applicable privilege standard, as national attorney-client privilege laws vary widely between jurisdictions. This is complicated by the fact that institutional arbitration rules do not include provisions on the scope of attorney-client privilege, nor do they contain conflict-of-laws rules to determine the applicable national privilege standard. The determination of the applicable level of protection is rather left to the discretion of the arbitral tribunal. Drawing on interviews with more than 30 leading international arbitration practitioners and extensive academic research, this text provides guidance to tribunals regarding the determination of the applicable attorney-client privilege standard.