Arbitration in Africa

Arbitration in Africa
Title Arbitration in Africa PDF eBook
Author Lise Bosman
Publisher Kluwer Law International B.V.
Pages 693
Release 2021-09-02
Genre Law
ISBN 9403537612

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The Second Edition of this unprecedented volume assembles an updated and expanded country-by-country analysis – both practical and insightful – of how arbitration is conducted in forty-nine African countries, providing essential information about legislative provisions, treaty adherence, and arbitral procedure. Contributors include sought-after African arbitrators, distinguished practitioners, academics and institution-builders, all of whom are active in promoting the use of arbitration as a viable means of dispute resolution in Africa. Five sections representing the main regions of the continent, each with a substantive introductory chapter covering the major trends within that region, offer country overviews addressing issues such as the following: adherence to the key arbitration conventions; modernity of a State’s arbitration legislation and its compatibility with the UNCITRAL Model Law; particular features of arbitral practice in that jurisdiction (including responses to the COVID-19 pandemic); access to and (where available) statistics from local and regional arbitral institutions; significant arbitration-related national case law; and enforcement of foreign arbitral awards. A sixth section focuses on treaty-based investor-State arbitration against African States under the ICSID Convention, providing an empirical analysis of the experience and record of African States with investor-State arbitration in the period between 2010 and 2020. Useful tables and graphics of intra-African bilateral investment treaties, a list of ICSID proceedings involving African States, a list of treaty accession by African States, and other tabular features round out the volume. The first edition of this volume was welcomed by arbitration practitioners and legal academics everywhere as an essential guide to an emerging and important area of international arbitration practice. This second edition tracks the significant developments (in treaty accession, reform of arbitration legislation and developing case law) that have taken place over the past decade, and confirms that arbitration as a preferred method of dispute resolution is now firmly entrenched on the African continent.

International Arbitration from Athens to Locarno

International Arbitration from Athens to Locarno
Title International Arbitration from Athens to Locarno PDF eBook
Author Jackson H. Ralston
Publisher The Lawbook Exchange, Ltd.
Pages 434
Release 2004
Genre Arbitration, International
ISBN 1584773960

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Written from the perspective of a professional, this study is notable for its deep understanding of history and the nature of international arbitration. Originally published: Stanford University Press, 1929. xvi, 417 pp. The book is divided into five parts. Part I: General Principles of Judicial Settlement between Nations. Part II: Influences working toward Judicial Settlement. Part III: History of Arbitral Tribunals. Part IV: Hague Peace Conferences and their Results. Part V: The Permanent Court of International Justice. "The field of international arbitration, either in its historical or in its analytical aspects, is rather broad. To deal thoroughly with either of them is a serious task; to undertake both at once-to line up, within the limits of a volume of some 400 odd pages, the substantive and procedural rules governing the judicial settlements between nations, as well as to point out the historical growth of these rules, together with the influences, political, social and ethical, under which this growth took place-to accomplish this satisfactorily is almost inconceivable. That the author nevertheless has succeeded in producing a work which gives the reader the great contours of the history of international arbitration and makes him slightly acquainted with the innumerable problems connected with its development, speaks for the high ability of Judge Ralston and should certainly be acknowledged as an accomplishment."-- Francis Deák, 29 Columbia Law Review (1929) 1173 JACKSON H. RALSTON [1857-1945] was an American diplomat and scholar of international law. He lectured at Stanford University from 1929-1933 and represented the United States as agent and counsel in the first dispute submitted to the Permanent Court of Arbitration at The Hague under the Hague Convention of 1899. He secured a significant victory and large financial award in the Pious Fund case. Settlement of this dispute gave authority to The Hague's new court for international dispute resolution, with Ralston's victory clearly establishing his reputation. He was the author of The Law and Procedure of International Tribunals (1926) and A Quest for International Order (1941). The Jackson H. Ralston Prize in International Law was established at Stanford Law School in 1972.

Climate Change Litigation: Global Perspectives

Climate Change Litigation: Global Perspectives
Title Climate Change Litigation: Global Perspectives PDF eBook
Author Ivano Alogna
Publisher BRILL
Pages 567
Release 2021-04-26
Genre Law
ISBN 900444761X

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This ground-breaking volume provides analyses from experts around the globe on the part played by national and international law, through legislation and the courts, in advancing efforts to tackle climate change, and what needs to be done in the future. Published under the auspices of the British Institute of International and Comparative Law (BIICL), the volume builds on an event convened at BIICL, which brought together academics, legal practitioners and NGO representatives. The volume offers not only the insights from that event, but also additional materials, sollicited to offer the reader a more complete picture of how climate change litigation is evolving in a global perspective, highlighting both opportunities, and constraints.

International Arbitration in the Netherlands

International Arbitration in the Netherlands
Title International Arbitration in the Netherlands PDF eBook
Author Albert Marsman
Publisher
Pages 716
Release 2021
Genre
ISBN

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The Idea of Arbitration

The Idea of Arbitration
Title The Idea of Arbitration PDF eBook
Author Jan Paulsson
Publisher
Pages 331
Release 2013-11
Genre Law
ISBN 0199564167

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Providing a theoretical examination of the concept of arbitration, this book explores the place of arbitration in the legal process and examines the ethical challenges to arbitral authority and its moral hazards.

Research and Practice in International Commercial Arbitration

Research and Practice in International Commercial Arbitration
Title Research and Practice in International Commercial Arbitration PDF eBook
Author Stacie Strong
Publisher Oxford University Press, USA
Pages 0
Release 2009
Genre Law
ISBN 9780199238309

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Exponential growth in international commercial arbitration sources, as well as their diversity and international nature can leave those interested in this area confused. This is a practical and portable guide to the strategies, as well as the sources, associated with researching international commercial arbitration.

Interim and Emergency Relief in International Arbitration - International Law Institute Series on International Law, Arbitration and Practice

Interim and Emergency Relief in International Arbitration - International Law Institute Series on International Law, Arbitration and Practice
Title Interim and Emergency Relief in International Arbitration - International Law Institute Series on International Law, Arbitration and Practice PDF eBook
Author Diora Ziyaeva
Publisher Juris Publishing, Inc.
Pages 389
Release 2015-05-01
Genre Arbitration and award
ISBN 1937518701

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Interim and Emergency Relief In International Arbitration is a compilation of papers authored by some of the world’s leading international arbitration practitioners. It addresses issues relating to obtaining interim measure orders, including the relevant applicable standards such as irreparable harm that various international courts and tribunals, under the ICSID, UNCITRAL, ICC, SCC, and some domestic law jurisdictions often apply. It also touches upon theoretical and practical issues involving compliance with and enforcement of interim measures in international arbitration. These issues naturally are raised in the context of an ongoing discourse where tribunals have different, at times imperfect tactics for encouraging compliance with their interim measures including drawing adverse inferences, issuing diplomatic statements against a sovereign stopping just short of ordering interim measures, splitting the sum of security for costs and allowing for reimbursement, and levying heavier damages against the non-complying party without changing the substantive aspects of the award. This book explores these methods and identifies the latest trends in this exciting area of international law. Interim and Emergency Relief In International Arbitration is intended for arbitrators, practicing attorneys, representatives of international arbitral institutions and academics, all of whom will find this book very useful. The compilation of papers and presentations in the book cover a number of jurisdictions including East Asia, the Middle East, Europe and North America.