Overriding Mandatory Rules and Compliance in International Arbitration
Title | Overriding Mandatory Rules and Compliance in International Arbitration PDF eBook |
Author | Georges Affaki |
Publisher | |
Pages | 0 |
Release | 2023 |
Genre | Arbitration (International law) |
ISBN |
Overriding Mandatory Rules in International Commercial Arbitration
Title | Overriding Mandatory Rules in International Commercial Arbitration PDF eBook |
Author | Hossein Fazilatfar |
Publisher | Edward Elgar Publishing |
Pages | 224 |
Release | 2019-12-27 |
Genre | Law |
ISBN | 1788973852 |
Overriding Mandatory Rules in International Commercial Arbitration discusses the applicability of mandatory rules of law in international commercial arbitration and addresses the concerns of the arbitrators and judges at various stages of arbitration and the enforcement of the award.
Conflict of Laws in International Arbitration
Title | Conflict of Laws in International Arbitration PDF eBook |
Author | Franco Ferrari |
Publisher | Walter de Gruyter |
Pages | 481 |
Release | 2010-12-23 |
Genre | Law |
ISBN | 3866539290 |
Irrespective of the increasing harmonization of law at the transnational level, every arbitration raises a number of confl ict of laws problems relating to procedural questions as well as to issues concerning the merits of the case. Unlike a state court judge, the arbitrator has no "lex fori" in the proper sense providing the relevant confl ict rules to determine the applicable law. This raises the question of what confl ict of laws rules to apply and, consequently, of the extent of the freedom the arbitrator enjoys in dealing with this and related issues. The best example of the importance of confl ict of laws questions in arbitration is the Vivendi-Elektrim saga where the outcome of the various proceedings depended on the question of characterization. This very beneficial book is dealing with - the arbitration agreement, - the jurisdiction of the arbitral tribunal, - the law applicable to the merits and - the arbitration procedure.
Applicability of Overriding Mandatory Rules of Law in International Commercial Arbitration and in Court-control of Arbitral Awards
Title | Applicability of Overriding Mandatory Rules of Law in International Commercial Arbitration and in Court-control of Arbitral Awards PDF eBook |
Author | Hossein Fazilatfar |
Publisher | |
Pages | 238 |
Release | 2017 |
Genre | International commercial arbitration |
ISBN |
Overriding Mandatory Rules in Swiss International Arbitration
Title | Overriding Mandatory Rules in Swiss International Arbitration PDF eBook |
Author | Hristina Tsankova Marjanović |
Publisher | |
Pages | 0 |
Release | 2020 |
Genre | |
ISBN |
Yearbook of Private International Law
Title | Yearbook of Private International Law PDF eBook |
Author | Petar Sarcevic |
Publisher | sellier. european law publ. |
Pages | 429 |
Release | 2004-06-30 |
Genre | Conflict of laws |
ISBN | 3935808453 |
From 2005 on the Yearbook of Private International Law is published by S.ELP in cooperation with the Swiss Institute of Comparative Law. This English-language annual publication provides analysis and information on private international law developments world-wide. The Editors commission articles of enduring importance concerning the most significant trends in the field. The Yearbook also devotes attention to the important work and research carried out in the context of the Hague Conference, The Hague Academy, UNCITRAL and UNIDROIT. The authority of the editors and the lasting nature of the works included make the Yearbook an integral addition to the libraries of international law scholars and practitioners.
Public Policy and Mandatory Laws in International Arbitration
Title | Public Policy and Mandatory Laws in International Arbitration PDF eBook |
Author | Stavros Brekoulakis |
Publisher | |
Pages | 240 |
Release | 2019-12-14 |
Genre | |
ISBN | 9780198729044 |
Public policy is a key concept for international arbitration and is practically relevant because public policy is enshrined in the New York Convention and almost all national laws as a ground to resist enforcement or to annul an arbitral award. However, due to its theoretical complexity and dynamic nature, it has been acknowledged as being one of the most misused grounds and the approach of arbitration scholars to the topic has also often been fragmentary. Public Policy and Mandatory Laws in International Arbitration offers a comprehensive account of a key concept for international arbitraion by two leading experts in the field. The book puts forward the argument that it is easier and more apposite to identify principles of public policy at a regional level or at a level where several states share a common legal background and tradition. The book focuses on common law principles of public policy, and public policy in English law in particular. The authors use their extensive experience and research to analyze the concept of public policy, and identify the key principles of public policy and mandatory rules of common law states in international arbitration.