arbitration awards a practical approach

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Arbitration Awards

Author : Ray Turner
ISBN : 9781405144803
Genre : Technology & Engineering
File Size : 41. 79 MB
Format : PDF, ePub
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‘Drawing on his long and practical experience [the author gives] guidance which only the foolhardy would reject without good reason for doing so. With this manual beside him, many an arbitrator will, I feel sure, sleep the sounder.’ - The Rt Hon The Lord Bingham of Cornhill. The preparation of an arbitrator's award requires a rigorous approach to the consideration of submissions and evidence, and to the decisions stemming from that consideration, and the arbitrator must be competent to draft a valid and enforceable award. These tasks can be complex for any arbitrator, particularly so for the less experienced. This book has been written to provide clear and practical guidance, whilst emphasising that there is no standard method of preparing or writing an award. It includes illustrations relating to a wide range of types of award. It will be of interest to all arbitrators and those involved in the process, whether they are concerned with commodities, insurance, maritime matters, rent disputes, construction or commerce.

A Practical Approach To Arbitration Law

Author : Andrew Tweeddale
ISBN : STANFORD:36105062046078
Genre : Law
File Size : 69. 5 MB
Format : PDF
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This practical handbook provides a detailed examination of arbitration law and procedure and includes the full text of the Arbitration Act 1996. Importantly, it takes account of the Civil Procedure Rules 1998, insofar as they affect arbitration proceedings. Unlike other books on arbitration, a resume of the main principles involved in international arbitration law and a section of precedents, demonstrating the theory of arbitration law in practice, are also included. Since the enactment of the Arbitration Act 1996, there have been numerous cases dealing with the Act. A Practical Approach to Arbitration Law analyses the most significant and recent cases, including: Vosnoc LtdTransglobal Projects Ltd; Charles M Wille & Co (Shipping) Ltd Ocean Laser Shipping Ltd and Allianz Versicherungs-Atktiengesellschaft Fortuna Co Inc on commencing the arbitration Soleimany Soleimany and Westacare Investments Inc Jugoimport-SDPR Holding Co Ltd on the enforcement of an award contrary to public policy Halki Shipping Corporation Sopex Oils Ltd; Davies Middleton & Davies Ltd Toyo Engineering Corporation and Patel Patel on the staying of litigation to arbitration Kye Gbangbola Smith and Sheriff on issues of serious irregularity.

Labor Employment Arbitration

Author : Floyd D. Weatherspoon
ISBN : 1600422845
Genre : Law
File Size : 87. 90 MB
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This casebook presents material which both students and practitioners will find useful in analyzing, writing, and interpreting arbitration awards and cases. Unlike the traditional casebook, there are less theoretical concepts and historical developments. Instead, the book includes a broad collection of arbitration court cases and arbitration awards to analyze, followed by discussion questions, case problems, and summaries. Court cases and arbitration awards were selected which set forth clear and practical substantive and procedural arbitration principles. In addition, leading Supreme Court cases, which outline and identify federal common law rules and policies on arbitration, are included to illustrate the judicial process for establishing precedent and federal common arbitration laws. Similarly, a selected number of secondary readings, which should enhance the reader's understanding and application of specific arbitration concepts, are inserted to give the reader an immediate opportunity to synthesize a wealth of arbitration concepts and principles. The book is divided between labor and employment arbitration with a major emphasis on labor arbitration. The labor arbitration section provides a wide range of reoccurring labor issues such as, management rights, seniority, subcontracting, benefits, wages and hours, off duty conduct, and safety policies. Because disciplinary actions remain the dominant issue arbitrated, a significant amount of material is included on the "just cause" principles. Through arbitration awards, each element of the "just cause" principle is explained and analyzed. Aside from disciplinary issues, the book also covers issue grievances, which primarily involve contract interpretation. The last section of the book discusses the development of employment arbitration. This area of arbitration has rapidly expanded in the private sector. The catalyst for this expansion was caused in part by The Supreme Court's liberal interpretation of the Federal Arbitration Act and most recently, the validation of mandatory arbitration provisions in employment contracts. This section of the book includes the leading Supreme Court decisions on compulsory arbitration and the application of these cases on discrimination claims, employment statutes, and contract disputes. Floyd D. Weatherspoon is a Professor at Capital University Law School (Columbus, Ohio), where he has taught labor and employment related courses, including arbitration for more than twenty-five years. Professor Weatherspoon also serves as a neutral in complex commercial, labor, and employment disputes. He is nationally recognized as a highly experienced labor and employment arbitrator. He serves on a number of state and national arbitration rosters and panels, including the American Arbitration Association's Labor and Employment Panels, the Federal Mediation and Conciliation Service's Roster and the National Mediation Board's Arbitration Panel. In addition to serving as a labor and employment arbitrator, he has also served as a fact-finder in a number of labor contract disputes. Professor Weatherspoon is a member of the National Academy of Arbitrators, and serves on the Council of the American Arbitration Association.

A Practical Approach To Alternative Dispute Resolution

Author : Stuart Sime
ISBN : 9780198747666
Genre :
File Size : 70. 41 MB
Format : PDF, Kindle
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A Practical Approach to Alternative Dispute Resolution provides a comprehensive and easily digestible commentary on all the major areas of resolution of disputes out of court. Designed to support teaching and learning on the Bar Professional Training Course, it will also be of interest to practitioners who are looking for a clear exposition of the range of ADR processes. Written by an authoritative and highly respected author team, A Practical Approach to Alternative Dispute Resolution contains a range of features designed to enhance the reader's understanding of the key points, including sample documentation, flow diagrams, tables, and examples drawn from a range of different types of practice. Numerous cross-references to relevant websites and further resources are also provided. This fourth edition has been brought fully up to date to reflect current practice and issues affecting ADR. The book's expanded coverage also makes it a suitable text for LLM courses on ADR. Online Resource Centre - Updates to cases and procedures - Useful links for each chapter - Diagrams and figures from the book

A Practical Approach To Civil Procedure

Author : Stuart Sime
ISBN : 9780198787570
Genre : Law
File Size : 34. 50 MB
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Trusted by generations of students and litigators, A Practical Approach to Civil Procedure is the perfect guide to the complex procedural requirements employed in the civil courts. Written by an expert in the field and co-editor of Blackstone's Civil Practice, the book provides a wide-ranging and detailed overview of the key statutory provisions, rules, practice directions, and case law which govern the various stages of a civil litigation claim, making it essential reading for students and newly-qualified litigators. Taking a thoroughly practical focus throughout, the book charts the progress of a typical civil litigation claim, from funding litigation and issuing and serving proceedings, through to trial, enforcement, and appeal. Full coverage of alternative dispute resolution is also included. Relevant sample documentation is featured throughout and introduces the reader to the forms and documents which will be encountered in practice, while key point summaries featured at the end of chapters highlight the essential points covered. Updated annually, this twentieth edition has been fully revised to incorporate coverage of ongoing changes in civil procedure, including developments to the rules and their impact on areas such as costs and funding.

Practical Approach To Bank Lending

Author : ROSELINE OLUWATOYIN OLUITAN
ISBN : 1456787721
Genre : Education
File Size : 77. 15 MB
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The book discusses about the methods and approaches used by banks in granting credits to their customers. The material covers the various types of lending and the processes involved in detail. It goes beyond the normal classroom rhetoric as it adopts a practical approach similar to having a hands-on-experience in lending. It is an ideal material for students of finance who need to understand the core rudiments for financial activities and to succeed in professional examinations. It is also useful for bank staff and researchers in the subject area to keep abreast of the banking procedure. I strongly recommend the material for finance students and lecturers in the field.

Practitioner S Handbook On International Commercial Arbitration

Author : Frank-Bernd Weigand
ISBN : 9780191579974
Genre : Law
File Size : 40. 13 MB
Format : PDF, Kindle
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The Practitioner's Handbook on International Commercial Arbitration provides concise country reports on important jurisdictions for international arbitral proceedings, as well as commentaries on well-known arbitration rules which are frequently incorporated in international legal agreements. Most international commercial contracts now include an arbitration clause as an alternative to resolving disputes in the state courts. This second edition of the Practitioner's Handbook includes newly updated country chapters, expanded international coverage and commentary on the most important arbitration rules worldwide. It is written by world-leading arbitration practitioners and academics and combines a practical approach with in-depth legal research and analysis of important national and international case law. The book is unique in its coverage, providing uniformly designed country reports and thorough commentaries on internationally recognized arbitration rules in just one volume. There are individual chapters for the following countries: Austria, Belgium, China & Hong Kong, England, France, Germany, Italy, Netherlands, Singapore, Sweden, Switzerland, USA. Each country report covers: jurisdiction, the tribunal, arbitration procedure, the award, amendments and challenge to the award, liability of arbitrators and enforcement of national awards; and provides details of national arbitration laws, arbitral institutions in the jurisdiction, model arbitration clauses and a bibliography, including a list of key judicial decisions. The first edition was reviewed as "an outstanding book" and "an extremely useful tool". The work is an indispensable one-stop reference point for lawyers drafting international arbitration clauses or handling arbitration proceedings in different countries.

International Arbitration In Switzerland

Author : Gabrielle Kaufmann-Kohler
ISBN : 9789041123008
Genre : Law
File Size : 76. 63 MB
Format : PDF, ePub
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A convenient, neutral location, with a long-standing tradition of arbitration, arbitration-friendly legislation, arbitration-supportive courts, and an exemplary infrastructure - for all of these reasons, parties often choose Switzerland as their preferred seat of arbitration. Switzerland continues to therefore play a leading role in the field of arbitration. This book, since its first edition in 2004, has been widely used as a peerless practitioners' guide to international arbitration in Switzerland. Keeping in line with the first edition, this second edition describes in detail each phase of arbitral proceedings, from drafting the arbitration clause to challenge and enforcement of the award. The second edition continues to pay close attention to all aspects, including procedure before the arbitral tribunal, interim measures, confidentiality, the mediation alternative, and many other topics. The new edition has been extensively revised to take fully into account the newly amended Swiss Rules of International Arbitration, as well as numerous changes internationally, such as the revised ICC Rules and the revised UNCITRAL Rules. Many new decisions of the Swiss Federal Tribunal relating to arbitration are also considered, as is legal commentary. The second edition also features a chart comparing major institutional arbitration rules on all aspects of the arbitral process covered by those rules. There are also two entirely new chapters - one on the legislative framework of Swiss arbitration law, and one addressing costs of arbitration. The approach throughout is rigorously practice-oriented, adding theoretical support whenever necessary. With the help of this book, practitioners will proceed confidently as they approach such tasks as the following: drafting an effective arbitration clause and choosing between ad hoc and institutional arbitration; understanding the manner in which arbitral proceedings can be structured and evaluating what is best suited to their needs; weighing the possibilities of interim relief at their disposal; anticipating the duration and costs of proceedings; and assessing post-award options. Whilst focusing on the latest developments in international commercial arbitration, International Arbitration in Switzerland includes sections on sports arbitration (with a focus on the Court of Arbitration for Sport in Lausanne) and on Swiss-based public international law dispute settlement mechanisms, such as those of the WTO and the UNCC. The book provides useful answers to concrete questions that in-house lawyers, outside counsel, and arbitrators are confronted with when practicing international arbitration in Switzerland. With its wealth of practical expertise and up-to-date information, it will enable foreign in-house and external counsel to make the appropriate choices and decisions. It will be indispensable for all practitioners and academics interested in arbitration in Switzerland.

Alternative Dispute Resolution In Zimbabwe

Author : Rodgers Matsikidze
ISBN : 0797454241
Genre : Arbitration and award
File Size : 41. 75 MB
Format : PDF, ePub
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Recognition And Enforcement Of Foreign Arbitral Awards In Theory And In Practice

Author : Ihab Abdel Salam Amro
ISBN : 9781443858663
Genre : Law
File Size : 70. 78 MB
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This book initiates a discussion of the law and practice of recognition and enforcement of foreign arbitral awards in both common law and civil law countries. In terms of law, this book principally focuses on the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958, and the harmony or clash between the New York Convention and national arbitration laws of both common law and civil law countries including the UK and the USA (as common law countries), and France, Germany and Greece (as civil law countries). In terms of practice, this book deeply and extensively examines the judicial application of the New York Convention in national courts of common law and civil law countries, and sheds light on the best practices related to the judicial application of the New York Convention, while also highlighting how future disputes can be resolved in national courts. As such, this book provides solutions for salient and recurring problems arising out of the erroneous judicial application or interpretation of the New York Convention by national courts, and encourages the adoption of a more liberal regime in favour of the recognition and enforcement of foreign arbitral awards generally, and the adoption of a more liberal interpretation of the New York Convention in national courts of both common law and civil law countries particularly. This book, which is based on more than 100 courts’ decisions from common law and civil law countries, is a valuable resource for academics, arbitrators, practicing lawyers, corporate counsels, law students and researchers interested in international commercial arbitration, as well as for business professionals involved in international trade, and those who are willing to solve their commercial disputes through arbitration.

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