International arbitration is the preferred method... more

International arbitration is the preferred method for the settlement of international business disputes. As a private, autonomous and international dispute resolution mechanism arbitration has become independent from national laws in practice. This new and comprehensive treatise addresses all significant issues pertaining to international arbitration. The perspective is international and comparative and reference is made to all major international treaties and instruments, arbitration rules and national laws. The authors trace the realities of international arbitration practice, i.e. what parties and arbitrators do, how arbitration is conducted, and the principles pertaining to the arbitration agreement, the formation, role and functions of the arbitration tribunal, and the importance and effect of the arbitration award. These are illustrated by published awards, international instruments and arbitration rules, and national court decisions recognising and giving effect to these autonomous international arbitration practices. At every stage of the arbitration process there remains a conceptual legal conflict between the inherent international and autonomous character of arbitration and the national laws of the parties, the place of arbitration, and the place where the award is to be enforced. These issues are reviewed with particular reference to national constitutional and regulatory systems, the effect of mandatory laws of connected states, and European and international law including international human rights instruments. The book describes participation in international arbitration of states and state entities, and the interaction between commercial and investment arbitrations. No two international arbitrations are the same. This book analyses the various structures, practical arrangements, procedures and legal implications for arbitrations wherever the arbitration takes place. It also provides a guide for lawyers involved in the international arbitration process whatever the nationality of the parties and the composition of the tribunal. The book is an indispensable tool for practising and academic lawyers concerned with international trade law, international litigation and commercial arbitration. It is also an essential guide for those seeking to understand a particular issue in international arbitration... less

The globalisation of markets has pushed static, t... more

The globalisation of markets has pushed static, territorially-bounded legal structures towards a more rapid and efficient adaptation to the globalised and regionalised reality. In addition, substantial modifications in the structure and activities of financial institutions have increased risks and the need for new regulatory responses. Efforts to harmonise commercial law within the global order have resulted in a fragmented and ad hoc process, constructed according to multiple different interests and in order to preserve public policies in the face of transnational challenges. This book is the first to systematically analyse the current state of commercial law from a global perspective. The author seeks to both identify the reasons that are fostering the harmonisation process and to explain the ways in which it is developing. Among the relevant elements examined in this thorough analysis are the following: how emerging countries are absorbing international standards (with a special case study of Brazil); the impact of corporate activities on legal systems; the role of the corporation in promoting the standardisation of laws; issues of social responsibility and corporate accountability; justifications for the regulation of the corporate world; free trade vs. fair trade; the impact of treaty reservations and different forms of treaty incorporation into national legal systems; interaction between regional trade agreements and the WTO system; how movements of capital are reflected in international initiatives as well as in regional legislation and regulation; co-operation among national financial authorities; the emerging new lex mercatoria; and the role of professional associations such as the International Chamber of Commerce (ICC). A detailed study of the various legal vehicles that promote the spread of international standards emphasizes the influential role of soft law and the emergence of customs alongside the case law developed by the International Court of Justice and the European Court of Justice. Further analysis includes a detailed comparison of the standardisation of company law in the Mercosur and the European Union, demonstrating the evolution of certain regional integration processes into full-fledged legal structures. The synthesis of existing systems and emerging trends presented in this important book will be of immeasurable value to everyone working in the field of international commerce, from business executives and their counsel to policymakers and government officials. It will be consulted by all these professionals for many years to come.... less

Gary Borns International Commercial Arbitration i... more

Gary Borns International Commercial Arbitration is an authoritative 3,200 page treatise, in two volumes, providing the most complete available commentary and analysis on all aspects of the international commercial arbitration process.International Commercial Arbitration was recently voted the International Dispute Resolution Book of the Year by the Oil, Gas, Energy, Mining and Infrastructure Dispute Management list serve. OGEMID described Borns treatise as a masterful treatise from a masterful mind.International Commercial Arbitration comprehensively examines the constitutional framework of contemporary international commercial arbitration, thoroughly explicating all relevant conventions, statutes, and institutional rules and their interactions in dozens of jurisdictions worldwide. All practitioners, academics and users of international commercial arbitration whether they need a systematic exposition of how all the pieces fit together, or detailed clarification of specific issues, or a basis on which to develop strategies will find clear and authoritative guidance in this work.Reviewers have described International Commercial Arbitration as the definitive text on international arbitration and a magisterial exposition of international arbitration, which is stunning in its scope and comprehensiveness.... less

The rapid, recent increase in transnational comme... more

The rapid, recent increase in transnational commercial litigation has made it even more necessary for lawyers to understand how claims are litigated in the courts of other countries. Yet information on court procedure, the local legal profession, and local judiciaries has not been readily available without specialist advice from local lawyers. This advice raises costs and may result in delays. This book provides an overview of commercial litigation procedure and its judges and practitioners in the courts of the important commercial countries throughout the world. The basic work includes sections on Argentina, Belgium, Bermuda, Brazil, Canada, China (PRC), Denmark, Egypt, England and Wales, France, Germany, Greece, Hungary, India, Italy, Japan, Jersey, Korea, Kuwait, Malaysia, the Netherlands, Russia, Spain, Switzerland, Thailand, Uruguay, and the United States. Subsequent supplements update current material and have introduced several new sections, including East European, Far Eastern, and South American jurisdictions, and new material on limitation. Each section gives a general account of the structure of the courts and their jurisdictions, civil litigation procedures in each country concerned, the local legal profession, local specialist areas and charges, and the local judiciary. The section then traces in detail each country's procedural steps for typical kinds of commercial litigation, such as claims for breach of sale of goods contracts, claims for damages under charter parties, claims relating to bank deposits, claims to enforce foreign judgements and arbitration awards, admiralty claims, and claims for breach of copyright and trademarks. The uniform subject matter of the different national sections permits ease of same-claim comparisons between different jurisdictions.... less

Yearbook Commercial Arbitration has established i... more

Yearbook Commercial Arbitration has established itself as a major source of information and commentary on law and practice in the field. Published under the auspices of the International Council for Commercial Arbitration with the assistance of the Permanent Court of Arbitration, the Yearbook's broad-based coverage includes sections on the following: Arbitral awards, both institutional and ad hoc, with a separate accompanying section index; Selected court decisions on arbitration from all around the world during the previous year; Court decisions applying the UNCITRAL Model Law as reported in Case Law on UNCITRAL Texts (CLOUT), which suggest UNCITRAL's growing significance as a source of instruments and texts; New and amended arbitration rules of the primary institutions, both international and national; Awards and decisions of the Iran-U.S. Claims Tribunal, ICC, ICSID, and other bodies; Recent developments in arbitration law and practice; and Decisions applying the major multilateral arbitration conventions (New York 1958, Europe 1961, Washington 1965, Panama 1975), with commentary.... less

The digest is a comprehensive compilation of Supr... more

The digest is a comprehensive compilation of Supreme Court cases on arbitration, banking, insurance, direct tax, consumer protection, motor vehicles, contact and company laws for the year 2008. Each and every case has been thoroughly analysed and all the rulings for which it is a binding authority under the constitutional mandate has been extracted.The arrangement of cases in the digest is such that the reader can easily find the relevant rulings, either by topic, statute or section. In case of multiple rulings, the section or subtopics have been further sub divided for convenience.... less

Based on Gary Borns well-known treatise, Internat... more

Based on Gary Borns well-known treatise, International Commercial Arbitration: Commentary and Materials, one of the leading authorities in the field, this new casebook is a thoroughly international approach to international commercial arbitration, focusing on the New York Convention and UNCITRAL Model Law.... less

International Commercial Arbitration and Its Indi... more

International Commercial Arbitration and Its Indian Prespective... less

Here, in two comprehensive volumes, including CD-... more

Here, in two comprehensive volumes, including CD-Rom and forms, top experts offer insights gained from many years of litigation and dispute resolution experience to give you critical tools needed to prepare successful settlements: Sophisticated analysis of the law and its application Detailed planning of effective drafting techniques In-depth coverage of "hot issues," such as multi-party settlements and tax considerations Strategies for handling "special topics," such as tax and environmental concerns A time-saving library of model agreements on disk for a variety of disputes and jurisdictions Extensive case citations And much more... less

Law of International Trade: Cross-Border Commerci... more

Law of International Trade: Cross-Border Commercial Transactions provides readers with a comprehensive and up to date treatment of all key aspects of private international trade law. *Demonstrates to readers how international trade law operates in its political, economic and business contexts and includes analysis of both theoretical and doctrinal issues. *Provides a clear and concise explanation of the theoretical framework and the legal principles which underpin the law against the background of modern trade documentation and export practice. *Incorporates example contractual clauses, forms and diagrams to demonstrate how the law works in practice. *Offers an important treatise of the subject, examining legal complexities in cases and materials. *Sets out summaries of the more significant cases and, where relevant, cases from the EU, Commonwealth and other countries are discussed. *Includes increased coverage of the Vienna Convention on International Sales, and the International Air, Road and Rail Carriage of Goods regimes. *Discusses recent legal developments, including, the Rome I and Rome II Regulations, the final draft UNCITRAL Transport Convention, UK insurance law reform, URR725 and the UCP 600. *Provides footnotes to guide further and more detailed research into key topics. *Discusses latest case-law: Scottish & Newcastle International; Premium Nafta; Lesotho Highlands Development Authority; The Front Comor; Freeport plc; Datec Electronics; The Achilleas; MSC Amsterdam; Stemson; Dadourian; Shamil Bank; The Golden Victory, and many others.... less