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Vol 21 No 11 Nov/Dec 2016

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Criminal Injuries Compensation Claims

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International Arbitration and Cross-Border Insolvency: Comparative Perspectives


ISBN13: 9789041154194
Published: September 2014
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £132.00



Low stock.

This book provides an in-depth analysis of applicable rules and policies under the current legal framework and case law of national courts and arbitral tribunals, emphasizing developments in five countries where high levels of international arbitration occur: England, the United States, France, Germany and Switzerland. Among the complex issues that arise when an insolvency disrupts an arbitration, the author examines the following:-

  • recognition of insolvencies by arbitral tribunals;
  • determination of the law applicable to the effects of an insolvency on arbitration;
  • effects of an insolvency on validity and scope of an arbitration agreement;
  • effects of an insolvency on capacity of the parties to an international arbitration;
  • suspension of arbitral proceedings due to an insolvency; and
  • effects of an insolvency on the recognition and enforcement of arbitral awards.
In addition to providing a comparative legal analysis of issues that arise in connection with the collision of international arbitration and cross-border insolvency, the author sets out proposals to clarify policy and procedure.

Dealing with cross-border insolvency law issues in international arbitration presents an enormous challenge for arbitration practitioners, arbitral tribunals and national courts. This book will serve as a source of inspiration as well as a reference and provide a clearly marked path to an effective synthesis in this complex field.

Subjects:
Insolvency Law, Comparative Law, Arbitration and Dispute Resolution
Contents:
1. Introduction.
2. Background.
3. Recognition of Insolvencies by National Courts.
4. Recognition of Insolvencies by Arbitral Tribunals.
5. Determining the Law Applicable to the Effects of an Insolvency.
6. Specific Effects of a Commencement of an Insolvency on International Arbitration.
7. Effects of an Insolvency on the Recognition and Enforcement of International Arbitral Awards.
8. Summary and Conclusion.

Series: International Arbitration Law Library

Valuation for Arbitration: Compensation Standards, Valuation Methods and Expert Evidence 2nd ed ISBN 9789041162281
To be published March 2018
Kluwer Law International
£119.00
The International Effectiveness of the Annulment of an Arbitral Award 2nd ed ISBN 9789041159731
To be published September 2017
Kluwer Law International
£92.00
Party-Appointed Arbitrators in International Commercial Arbitration ISBN 9789041166715
Published April 2016
Kluwer Law International
£128.00
Parallel Proceedings in International Arbitration: A Comparative European Perspective ISBN 9789041152640
Published May 2014
Kluwer Law International
£136.00
£128.00
Challenge and Disqualification of Arbitrators in International Arbitration ISBN 9789041137999
Published January 2012
Kluwer Law International
£128.00
China-Africa Dispute Settlement: The Law, Economics and Culture of Arbitration ISBN 9789041136749
Published November 2011
Kluwer Law International
£128.00
Confidentiality in International Commercial Arbitration ISBN 9789041132260
Published July 2011
Kluwer Law International
£116.00
Bias Challenges in International Arbitration: The Need for a Real Danger Test ISBN 9789041131911
Published November 2009
Kluwer Law International
£119.00
Arbitrability: International & Comparative perspectives ISBN 9789041127303
Published March 2009
Kluwer Law International
£119.00
Force Majeure and Hardship Under General Contract Principles ISBN 9789041127921
Published January 2009
Kluwer Law International
£148.00
£117.00
£128.00
Complex Arbitrations: Multiparty, Multicontract, Multi-Issue and Class Actions ISBN 9789041124425
Published December 2005
Kluwer Law International
£136.00
Provisional Measures in International Commercial Arbitration ISBN 9789041123534
Published August 2005
Kluwer Law International
£123.00
Towards a Science of International Arbitration: Collected Empirical Research ISBN 9789041123220
Published December 2004
Kluwer Law International
£123.00
Online Dispute Resolution: Challenges for Contemporary Justice ISBN 9789041123183
Published December 2004
Kluwer Law International
£156.00
Corruption in International Trade and Commercial Arbitration ISBN 9789041122360
Published March 2004
Kluwer Law International
£167.00
The Healthy Award: Challenges in International Commercial Arbitration ISBN 9789041120113
Published March 2003
Kluwer Law International
£195.00
The International Effectiveness of the Annulment of an Arbitral Award ISBN 9789041117175
Published January 2002
Kluwer Law International
£100.00
Insolvency Proceedings and Commercial Arbitration ISBN 9789041111159
Published June 2000
Kluwer Law International
£126.00
Arbitration and Mediation in International Business ISBN 9789041102423
Published June 1998
Kluwer Law International
Out of print
Iran-United States Claims Tribunal in Action ISBN 9781853339028
Published March 1993
Brill Academic Publishers
Out of print