Roman Arbitration

Roman Arbitration
Title Roman Arbitration PDF eBook
Author Derek Roebuck
Publisher Holo Books
Pages 312
Release 2004
Genre History
ISBN

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The Roman empire encompassed a vast area, incorporating many different cultures, and yet Roman law had to resolve disputes across the board. This meticulous study of the ways and means in which Roman law asserted control over disputes between individuals, communities and even states, is based on an in-depth analysis of legal texts, including Justinian's Corpus Juris . The study examines the Roman concept of the arbitrator, a duty that any good man' could have been called upon to perform, the types of cases he might be expected to settle, the settlements and compromises, the hearings and the enforcement measures available to him.

Stockholm Arbitration Yearbook 2021

Stockholm Arbitration Yearbook 2021
Title Stockholm Arbitration Yearbook 2021 PDF eBook
Author Axel Calissendorff
Publisher Kluwer Law International B.V.
Pages 468
Release 2021-10-08
Genre Law
ISBN 940353530X

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Stockholm Arbitration Yearbook Series, VOLUME 3 Each year, Stockholm is the arbitration seat of choice for numerous parties endeavouring to resolve international disputes. It is the second most used venue for investment disputes, and it is often the venue for disputes arising from the Energy Charter Treaty. This annual publication, launched under the auspices of the Stockholm Centre for Commercial Law, is designed to meet the information needs of arbitration practitioners and parties from all over the world. The present edition’s topics include: a guide to the arbitral tribunal’s deliberation and decision-making; getting unwilling witnesses to appear; recent Swedish case law related to arbitration; claims based on fraud and other non-contractual claims; two parties with several arbitration agreements; and interaction between experts and the arbitral tribunal. The Yearbook provides both perspective and detailed analyses that will be welcomed by arbitration practitioners, counsel and judges deciding arbitration cases. It will also provide valuable insights for arbitration academics, in-house counsel at multinational companies and arbitral institutions worldwide.

Ancient Greek Arbitration

Ancient Greek Arbitration
Title Ancient Greek Arbitration PDF eBook
Author Derek Roebuck
Publisher
Pages 424
Release 2001
Genre Law
ISBN

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The first full-length description and analysis of how dispute resolution by mediation and arbitration developed in the Ancient Greek world, from Homer to Cleopatra. Based on all the primary sources, with the relevant extracts in new translations: not only poetry, drama, history, philosophy and oratory, but also inscriptions and the mass of arbitration documents surviving as papyri. Introductory chapters deal with theory and method, language and translation, and the Greek legal system. The conclusions show how mediation and arbitration were partners in the ordinary processes of dispute resolution, and widespread in all the times and places examined. Publisher's note.

The Roman Senate As Arbiter During the Second Century BC

The Roman Senate As Arbiter During the Second Century BC
Title The Roman Senate As Arbiter During the Second Century BC PDF eBook
Author Valentina Casella
Publisher Brepols Publishers
Pages 256
Release 2019
Genre
ISBN 9782503586885

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In the wider context of the border conflicts that involve Rome as a third authority super partes, for which there is evidence already in the second century BC, two epigraphic documents stand out for the peculiarities distinguishing them from all others: the so-called Polcevera Tablet (concerning a dispute between Genuates and Viturii Langenses) and the Cippus Abellanus (related to a border dispute between Nolani and Abellani and written in Oscan). They make us aware of the political and municipal dynamics underlying the complex principle of Roman arbitration, often required to resolve territorial disputes, which were gradually evolving as Rome opened up to the East. What role did the Roman Senate play in such disputes? What exactly was the function of the referees sent by the City to settle the disputes with a super partes judgment? What was the importance of the agrarian reform of the Gracchi and the realisation of road axes in the acuity of such antagonisms? These are the questions to which this study tries to provide an answer.

International Commercial Arbitration

International Commercial Arbitration
Title International Commercial Arbitration PDF eBook
Author Gary B. Born
Publisher Kluwer Law International B.V.
Pages 5388
Release 2020-11-23
Genre Law
ISBN 9403526440

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International Commercial Arbitration is an authoritative 4,250 page treatise, in three volumes, providing the most comprehensive commentary and analysis, on all aspects of the international commercial arbitration process that is available. The Third Edition of International Commercial Arbitration has been comprehensively revised, expanded and updated, To include all legislative, judicial and arbitral authorities, and other materials in the field of international arbitration prior to June 2020. It also includes expanded treatment of annulment, recognition of awards, counsel ethics, arbitrator independence and impartiality and applicable law. The revised 4,250 page text contains references to more than 20,000 cases, awards and other authorities and will enhance the treatise’s position as the world’s leading work on international arbitration. The first and second editions of International Commercial Arbitration have been routinely relied on by courts and arbitral tribunals around the world ((including the highest courts of the United States, United Kingdom, Singapore, India, Hong Kong, New Zealand, Australia, the Netherlands and Canada) and international arbitral tribunals (including ICC, SIAC, LCIA, AAA, ICSID, SCC and PCA), e.g.: U.S. Supreme Court – GE Energy Power Conversion France SAS, Corp. v. Outokumpu Stainless USA, LLC, 590 U.S. - (U.S. S.Ct. 2020); BG Group plc v. Republic of Argentina, 572 U.S. 25 (U.S. S.Ct. 2014); Canadian Supreme Court – Uber v. Heller, 2020 SCC 16 (Canadian S.Ct.); Yugraneft Corp. v. Rexx Mgt Corp., [2010] 1 R.C.S. 649, 661 (Canadian S.Ct.); U.K. Supreme Court – Jivraj v. Hashwani [2011] UKSC 40, ¶78 (U.K. S.Ct.); Dallah Real Estate & Tourism Holding Co. v. Ministry of Religious Affairs, Gov’t of Pakistan [2010] UKSC 46 (U.K. S.Ct.); Swiss Federal Tribunal – Judgment of 25 September 2014, DFT 5A_165/2014 (Swiss Fed. Trib.); Indian Supreme Court – Bharat Aluminium v. Kaiser Aluminium, C.A. No. 7019/2005, ¶¶138-39, 142, 148-49 (Indian S.Ct. 2012); Singapore Court of Appeal – Rakna Arakshaka Lanka Ltd v. Avant Garde Maritime Servs. Ltd, [2019] 2 SLR 131 (Singapore Ct. App.); PT Perusahaan Gas Negara (Persero) TBK v. CRW Joint Operation, [2015] SGCA 30 (Singapore Ct. App.); Larsen Oil & Gas Pte Ltd v. Petroprod Ltd, [2011] SGCA 21, ¶19 (Singapore Ct. App.); Australian Federal Court – Hancock Prospecting Pty Ltd v. Rinehart, [2017] FCAFC 170 (Australian Fed. Ct.); Hague Court of Appeal – Judgment of 18 February 2020, Case No. 200.197.079/01 (Hague Gerechtshof); Arbitral Tribunals – Lao Holdings NV v. Lao People's Democratic Republic I, Award in ICSID Case No. ARB(AF)/12/6, 6 August 2019; Gold Reserve Inc. v. Bolivarian Republic of Venezuela, Decision regarding the Claimant’s and the Respondent’s Requests for Corrections, ICSID Case No. ARB(AF)/09/1, 15 December 2014; Total SA v. The Argentine Republic, Decision on Stay of Enforcement of the Award, ICSID Case No. ARB/04/01, 4 December 2014; Millicom Int'l Operations B.V. v. Republic of Senegal, Decision on Jurisdiction of the Arbitral Tribunal, ICSID Case No. ARB/08/20, 16 July 2010; Lemire v. Ukraine, Dissenting Opinion of Jürgen Voss, ICSID Case No. ARB/06/18, 1 March 2011.

Investor-State Arbitration

Investor-State Arbitration
Title Investor-State Arbitration PDF eBook
Author Christopher Dugan
Publisher Oxford University Press, USA
Pages 818
Release 2008
Genre Business & Economics
ISBN 019979572X

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I. Introduction II. History and Limitations of the Traditional System for Resolving Investment Disputes III. The Modern System of Investor-State Arbitration IV. Commonly Used Procedural Rules V. Procedural Law Applicable in Investor-State Arbitration VI. National Court Interference: Anti-Arbitration Injunctions VII. The Course of an Investment Arbitration VIII. Consolidation under Relevant Arbitration Rules or Treaties IX. Governing Law in Investment Disputes X. Consent to Arbitral Jurisdiction XI. The Concept of Investment XII. The Nationality of the Investor XIII. Exhaustion of Local Remedies XIV. Election of Forum: National Courts and Contract Arbitrations XV. Discrimination XVI. Expropriation XVII. "Fair and Equitable Treatment" and "Full Protection and Security" XVIII. Umbrella Clauses XIX. Damages, Compensation, and Non-Pecuniary Remedies XX. Annulment and Set Aside XXI. Enforcement of Awards XXII. The Future of International Investment Arbitration Select Bibliography Index Table of Cases Index of Treaties, Conventions, and International Agreements.

Arbitration Law of Russia

Arbitration Law of Russia
Title Arbitration Law of Russia PDF eBook
Author Roman Khodykin
Publisher Juris Publishing, Inc.
Pages 328
Release 2013-02-01
Genre Arbitration and award
ISBN 1937518140

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A comprehensive review of the arbitration law and practice in Russia including: discussion of arbitration practice and procedure; an examination of the jurisdiction of the arbitral tribunal; the appointment of arbitrators including the challenge and replacement of arbitrators; an analysis of the various types of awards including a discussion on deliberations, agreements, settlements, and the costs of arbitration; a discussion on the amendment and challenge of awards including the liability of arbitrators; and, a review of the enforcement of domestic and foreign arbitration awards.