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Vol 21 No 11 Nov/Dec 2016

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Criminal Injuries Compensation Claims

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Procedural Law in International Arbitration


ISBN13: 9780199249480
ISBN: 0199249482
Published: March 2004
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £127.50



This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

International arbitration has become the preferred method for the resolution of international commercial disputes, yet the question still remains: What is the procedural law of international commercial arbitral proceedings and what is its relevance? This book comprehensively analyses the relevant legislative practice of all major arbitration venues in the world, as well as the arbitral practice of a number of arbitral institutions.

Practitioners will welcome the book's examination of the fate of awards annulled in their state of origin, 'stateless' awards, the procedural regime of arbitrations involving sovereign states, and the human rights considerations in international arbitration.

Subjects:
Conflict of Laws, Arbitration and Dispute Resolution
Contents:
1. Introduction;
I - The Area of Inquiry: International Commercial Arbitration
II - The Object of Inquiry
III - The Purpose and Method of the Inquiry
IV - The Structure of this Book
2. The Theoretical Thinking on the Law of the Arbitration;
I - Introduction to the Notions
II - Seat Theories
III - Legal Localization
IV - Approaches to Delocalization
V - Concluding Remarks: Desiderata
3. The Law of the Arbitration in National Laws;
I - Localization by Choice of Law: Its Shortcomings and Abandonment
II - The Basic Tenets of Modern Arbitration Law
III - Supervision and Support at the Seat of an Arbitration
4. Human Rights Law Requirements in International Arbitration;
I - International Law Creates Obligations for States
II - An Arbitration Agreements is a Waiver of the Right to State-Administered Justice
III - A Right to a 'Fair Arbitration'?
IV - Are Arbitral Tribunals Bound by the ECHR?
V - An International Obligation to Supervise and Assist Arbitral Proceedings?
VI - Conclusions
5. Procedural Law and Rules in Arbitral Practice;
I - What is 'Procedure' and 'Procedural Law' in Arbitral Practice?
II - A Survey of Arbitration Rules
III - Overview of Arbitration Practice with Particular Reference to ICC Practice
IV - General Principles of Arbitral Procedure
6. Arbitrations Involving a State or an International Organization;
I - Introduction
II - The Iran-United States Claims Tribunal
III - Foreign Investment Treaty Arbitration
IV - Arbitrations between Private Parties and International Organizations
V - States as Arbitrating Parties
VI - Conclusions
7. Enforceability of Awards Annulled in their State of Origin;
I - Article V(1)(e) within the General Convention Framework
II - The Case Law
III - The Proper Limits for Discounting Annulment
IV - Policy Considerations: the Case for Restraint
V - Conclusions
8. A Nexus between an Award and a Municipal Law? International and A-National Awards in the New York Convention;
I - Some Clarifications
II - Foreign and Non-Domestic Awards
III - Awards of the Iran-United States Claims Tribunal
IV - A-National and Stateless Awards
V - Conclusions
9. What Does the Future Hold?

Series: Oxford Private International Law

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The Hague Convention on International Child Abduction 2nd ed ISBN 9780199590346
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Conflict of Laws and Arbitral Discretion: The Closest Connection Test ISBN 9780198787440
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Freedom of Establishment and Private International Law for Corporations ISBN 9780199698042
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Substance and Procedure in Private International Law ISBN 9780199532797
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Substance and Procedure in Private International Law (eBook) ISBN 9780191629365
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Employment Contracts In Private International Law (eBook) ISBN 9780191632075
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Employment Contracts In Private International Law ISBN 9780199591046
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The Arrest of Ships in Private International Law ISBN 9780199581351
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Intellectual Property and Private International Law 2nd ed ISBN 9780199556588
Published February 2011
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The Anti-Suit Injunction with 1st Supplement ISBN 9780199589807
Published November 2010
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£187.50
The Anti-Suit Injunction Updating Supplement ISBN 9780199588473
Published November 2010
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£49.49
Cross-Border Divorce Law: Brussels II Bis ISBN 9780199581191
Published October 2010
Oxford University Press
£135.00
The Anti-Suit Injunction ISBN 9780199287321
Published October 2008
Oxford University Press
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Cross-Border Consumer Contracts ISBN 9780199276547
Published September 2008
Oxford University Press
£135.00
Agreements on Jurisdiction and Choice of Law ISBN 9780199282302
Published March 2008
Oxford University Press
£230.00
Civil Jurisdiction Rules of the EU and their Impact on Third States ISBN 9780199228577
Published January 2008
Oxford University Press
£122.50
Conflict of Laws Within the UK ISBN 9780199202454
Published October 2007
Oxford University Press
£112.50
Insolvency in Private International Law 2nd ed with 1st Supplement ISBN 9780199214952
Published March 2007
Oxford University Press
£225.00
Insolvency in Private International Law: 1st Supplement to 2nd ed ISBN 9780199288731
Published March 2007
Oxford University Press
£33.49
The Transfer of Property in the Conflict of Laws ISBN 9780199271474
Published October 2005
Oxford University Press
£117.50
International Sale of Goods in the Conflict of Laws ISBN 9780199244690
Published January 2005
Oxford University Press
£310.00
Choice of Law for Equitable Doctrines ISBN 9780199274925
Published September 2004
Oxford University Press
£127.50
Foreign Law in Civil Litigation: A Comparative and Functional Analysis ISBN 9780199264766
Published January 2004
Oxford University Press
£145.00
Forum Shopping and Venue in Transnational Litigation ISBN 9780199248186
Published June 2003
Oxford University Press
£117.50
Shares and Other Securities in the Conflict of Laws ISBN 9780199256136
Published March 2003
Oxford University Press
£127.50
Cross-border Enforcement of Patent Rights ISBN 9780199249695
Published September 2002
Oxford University Press
£112.50
Res Judicata, Estoppel and Foreign Judgments ISBN 9780199243396
Published March 2002
Oxford University Press
£105.00
Corporations in Private International Law ISBN 9780198299257
Published March 2002
Oxford University Press
£122.50
Enforcement of Judgments in Europe
Wendy KennettLecturer in Law, University of Keele
ISBN 9780198298199
Published September 2001
Oxford University Press
£127.50
Claims for Contribution and Reimbursement in an International Context ISBN 9780198268963
Published October 2000
Oxford University Press
£117.50
The Hague Convention on International Child Abduction ISBN 9780198260646
Published September 1999
Oxford University Press
£127.50
Autonomy in International Contracts ISBN 9780198262701
Published March 1999
Oxford University Press
£112.50
Foreign Law in English Courts: Pleading, Proof and Choice of Law ISBN 9780198258780
Published June 1998
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£120.00
Declining Jurisdiction in Private International Law ISBN 9780198259596
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£127.50