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Vol 21 No 11 Nov/Dec 2016

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International Arbitration Law and Practice 3rd ed


ISBN13: 9781937518158
Previous Edition ISBN: 9041114254
Published: January 2014
Publisher: Juris Publishing
Country of Publication: United States
Format: Hardback
Price: £140.00



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This new edition of International Arbitration Law and Practice has been largely enriched by covering international commercial arbitrations, investment treaty arbitrations, arbitrations between public bodies, between states and individuals, the UNCITRAL model law and Iran-US Tribunal proceedings as well as commodity arbitration, online arbitration and sports arbitral proceedings.

International Arbitration Law and Practice elaborates new concepts such as a definition of international arbitration based on procedural law (different from transnational law) and a doctrine (the tronc commun doctrine) to identify the applicable substantive law on disputes between parties belonging to different countries. It further suggests that a law of international arbitration has arisen from the various conventions and laws.

Besides dealing with all the aspects of arbitration on a topic by topic basis, the writer presents a third generation arbitration which builds on analysis of major obstacles to a smooth running arbitration. International Arbitration Law and Practice is a work that anyone involved in arbitral proceedings will find to be absolutely indispensable.

Mauro Rubino-Sammartano is a Partner at LawFed-BRSA. He is currently the President of the European Court of Arbitration and of the Mediation Centre of Europe, the Mediterranean and Middle East. He is also an associate member, as Italian advocate, of Littleton Chambers in London. He regularly acts as chairman, party-appointed, sole arbitrator and counsel in a large number of arbitral proceedings. His practice is largely based on international and national litigation and arbitration in the field of contracts, construction law, mergers and acquisitions, sales of goods, joint ventures and interlocutory injunctions.

The previous editions of this book were published by Kluwer Law International.

Subjects:
Arbitration and Dispute Resolution
Contents:
Chapter 1: Different Types of Arbitration and Alternative Dispute Resolution
Chapter 2: Characterization of Arbitration
Chapter 3: The Sources of International Arbitration Law
Chapter 4: Nationality of Arbitration
Chapter 5: International Arbitration Law
Chapter 6: Disputes Capable of Arbitration and Arbitral Remedies
Chapter 7: The Arbitration Agreement
Chapter 8: The Choice of Law Rules to Govern the Arbitration Agreement
Chapter 9: The Parties to Arbitration - Capacity to Submit to Arbitration - Sovereign Immunity
Chapter 10: The Role of the Arbitral Institutions
Chapter 11: The Arbitrator
Chapter 12: The Role of State Courts in Aiding Arbitration
Chapter 13: Confidentiality
Chapter 14: Substantive Law
Chapter 15: Ex Aequo Et Bono Decisions and Amiable Compositeur
Chapter 16: Arbitration and Public Policy
Chapter 17: Applicable Procedural Law
Chapter 18: Arbitration Rules
Chapter 19: The Venue of the Proceedings
Chapter 20: Documents Only Arbitration
Chapter 21: The Pre-Arbitral Referee
Chapter 22: Preliminary Issues and initial Stage
Chapter 23: Interlocutory Injunctions
Chapter 24: The Evidentiary Stage
Chapter 25: The Last Pleadings and Oral Argument
Chapter 26: Speed and Efficiency in Arbitration
Chapter 27: Breach of Due Process
Chapter 28: The Award
Chapter 29: Costs Interest and Higher Damages
Chapter 30: Filing and Notification of the Award
Chapter 31: Challenges of Awards
Chapter 32: Full De Novo Review before New Arbitral Tribunal
Chapter 33: Enforcement in the State of Origin
Chapter 34: Enforcement and Recognition in Other States
Chapter 35: Recognition and Enforcement under the New York Convention
Chapter 36: International Public Law Arbitration
Chapter 37: Arbitration, the Brussels Convention and the influence of the European Convention on Human Rights
Chapter 38: UNCITRAL Arbitration
Chapter 39: Investor State Arbitration (The Washington Convention)
Chapter 40: Arbitration of Commercial Disputes between a State and a Private Party
Chapter 41: Arbitration under the Algiers Declarations (The Iran-U.S. Claims Tribunal)
Chapter 42: Commodity Arbitration
Chapter 43: The Sports Arbitral Tribunal
Chapter 44: Online Dispute Resolution
Chapter 45: Obstacles to Overcome
Chapter 46: The Continual Search for Improvements