Preface --Opening Addresses --Luncheon Address --Roundtable on Arbitration and Conciliation Concerning China --Arbitration of Foreign Investment Disputes --Provisional/Interim Measures --Enforceability of Awards --Various Non-binding (ADR) Processes --Issues in Integrated Dispute Resolution Systems --The Role of Arbitrators as Settlement Facilitators.
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Arbitration and Corruption is a book comprising the transcript of the presentations and lively discussions at the 2019 Annual Conference of the Swiss Arbitration Association (ASA). Four panels, including internationally acclaimed arbitration practitioners, criminal lawyers and accountants, exchange views on the causes, costs, and impacts of corruption not only on society at large but also on arbitration. Corruption is one of the main impediments to sustainable development and has a significant negative impact on a country's productivity.Among the many facets of corruption, the following have been tackled by the contributors: legal framework of corruption and applicable law;cost of corruption from an economic perspective;jurisdiction and the arbitrability of issues of corruption;aspects of corruption that are specific to arbitration in specific business sectors;cases involving corrupt arbitrators, experts, and witnesses;establishing correctness or incorrectness of suspicion of corruption;bringing issues of corruption before the parties; and judicial scrutiny of corruption-tainted arbitral awards at the setting aside and enforcement stage. The speakers furnish matchless practical guidance in dealing with challenges associated with corruption in arbitration. Among much else, they deal with 'red flags' likely to indicate suspicious relationships, effective strategies to employ when confronted with a corruption-tainted contract and reporting suspicion of corruption and the related risk of personal liability. This invaluable material will be highly appreciated by practising arbitrators, corporate counsel, arbitration institutions, and concerned academics
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First published in 1933, this is one of the seminal works on international law, written by a legendary scholar in the field. This republication, featuring a new introduction by Professor Martti Koskenniemi, once again makes this book available to scholars and students in this area
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International Arbitration in the Energy Sector puts disputes in the energy and natural resources sector into a global context, providing broad coverage of different forms and systems of dispute across both renewable and non-renewable sectors
This volume collects the materials underlying the International Colloquium "Conciliation in the Globalized World of Today", held on 11 and 12 June 2015 in Vienna under the auspices of the Court of Conciliation and Arbitration within the OSCE. The aim of the Colloquium was to examine the merits and possible shortcomings of this method of conflict resolution, and it concluded that the pros heavily outweigh the cons. This volume therefore draws the attention of everyone dealing with conflict management to those advantages. It does not end by providing a summary of conclusions to be drawn from the examination of the rules governing the OSCE Court and the practice of the other institutions considered. The reader will have to find out her/himself what experiences have been made in other fields where conciliation has been institutionalized as a dispute-settlement procedure. In this regard, the present book constitutes a treasury of lessons that cannot easily be brought down to a common denominator
Is international arbitration becoming too "judicial" and conformist? This important book addresses this issue with detailed attention to the arbitral procedure, the law applicable to the dispute being arbitrated, and the review of awards. The authors include members of various international tribunals, leading lawyers, and distinguished academics from the United States and abroad. Published under the Transnational Publishers imprint
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This text provides comprehensive coverage on the state of arbitration in Brazil following the enactment of the 1996 Arbitration Act. Expert contributors explore the impact of this act on a range of areas all of Brazilian international law, including labour law, construction, and capital market transactions.
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