international arbitration and forum selection agreements drafting and enforcing

Download Book International Arbitration And Forum Selection Agreements Drafting And Enforcing in PDF format. You can Read Online International Arbitration And Forum Selection Agreements Drafting And Enforcing here in PDF, EPUB, Mobi or Docx formats.

International Arbitration And Forum Selection Agreements

Author : Gary Born
ISBN : 9041147764
Genre : Law
File Size : 74. 21 MB
Format : PDF, Docs
Download : 238
Read : 849

Download Now


No lawyer involved in international transactions can afford to ignore this authoritative guide to planning and drafting international arbitration agreements and forum selection clauses. It includes clear, practical explanations of the advantages and disadvantages of different forms of dispute resolution provisions, and detailed discussion of all elements of drafting arbitration and choice-of-court clauses. The primer includes scores of revised model arbitration and forum selection clauses, providing precise wording for use in a wide range of commercial contexts. It is designed for easy reference and use by both general practitioners and specialists. Each model clause is thoroughly annotated, including with reference to relevant scholarship and jurisprudence. The primer is authored by Gary B. Born, one of the world's pre-eminent authorities on international commercial arbitration and litigation. He is the author of International Commercial Arbitration (2d ed. 2001) and International Civil Litigation in U.S. Courts (3d ed. 2000), and a leading international arbitration practitioner. He has brought a wealth of practical experience and academic achievement together to produce a practical, authoritative guide to drafting and planning international arbitration and forum selection agreements. This second edition, extensively updated and revised, includes such features as the following: scores of sample arbitration and forum selection clauses, including leading institutional arbitration clauses, ad hoc clauses and comprehensive guidance on drafting individualized clauses; sample language relating to discovery, language, arbitrators' qualifications, confidentiality, waivers of immunity, interim relief, fast-track procedures, costs, consent to service of process, and other commonly-used provisions; descriptions of all leading international arbitration institutions (ICC, LCIA, AAA, ICSID) and most major regional arbitration institutions, including commentary on individual characteristics of each institution; practically-oriented discussions of the importance of the arbitral seat, means of selecting arbitrators, language, and other key issues; detailed guidance on drafting choice-of-law clauses (including samples) and their role in dispute resolution; and practical analysis of enforcement of international arbitration and forum selection agreements, as well as national court judgments and international arbitral awards, under leading conventions and national laws. An appendix contains texts of the New York and European Conventions and the UNCITRAL Model Law, as well as arbitration rules of leading arbitral institutions. Designed for easy reference and use by both general practitioners and specialists, the book is required for any international practitioner or corporate counsel engaged in international matters. ADVANCE REVIEWS OF THE SECOND EDITION "An excellent work by one of the world's leading arbitration authorities and practitioners. This comprehensive review of international arbitration is bound to become essential reading for students and practitioners alike, especially for anyone drafting arbitration clauses." Roberto Danino, Secretary General of the International Centre for Settlement of Investment Disputes (ICSID) "Gary Born's new edition of this classic work covers everything a drafter of dispute resolution clauses needs to consider, with useful model clauses, and is up to the minute on all recent developments." James H. Carter, Chairman of the Board, American Arbitration Association "Many books are devoted to the subject of international arbitration, but this is one of the few which stand out as particularly valuable due to

International Arbitration And Forum Selection Agreements

Author : Gary B. Born
ISBN : 9041183892
Genre : Arbitration and award
File Size : 28. 78 MB
Format : PDF
Download : 977
Read : 1038

Download Now


International Arbitration and Forum Selection Agreements: Drafting and Enforcing is a concise, practical primer on the fundamentals of drafting and enforcing international arbitration agreements and other dispute resolution clauses. Key Features Include: Discussion of practical reasons for international arbitration and forum selection clauses Uncomplicated and concise guidance on drafting international arbitration and forum selection clauses Do's and don't's for drafting Model international arbitration and forum selection clauses that permit efficient and effective dispute resolution: more than 50 different model provisions Ad hoc versus institutional arbitration clauses Overview leading arbitral institutions (including ICC, SIAC, ICDR/AAA, LCIA, HKIAC, PCA, ICSID, WIPO, VIAC, DIS, NAI and CRCICA) Overview of advantages and disadvantages of leading arbitral seats Multi-tier dispute resolution provisions Optional provisions for international arbitration and forum selection clauses (including arbitrator selection, arbitral procedure, costs of arbitration, provisional measures, waiver of annulment and currency of award) Discussion of pathological arbitration clauses and commonly-encountered defects

International Arbitration And Forum Selection Agreements Planning Drafting And Enforcing

Author : Gary Born
ISBN : 9041193421
Genre : Law
File Size : 70. 85 MB
Format : PDF, Docs
Download : 453
Read : 341

Download Now



International Arbitration

Author : Gary B. Born
ISBN : 9781454860259
Genre : Law
File Size : 86. 20 MB
Format : PDF, Mobi
Download : 678
Read : 578

Download Now


This important casebook is based upon one of the leading books in the field Born's treatise, International Commercial Arbitration. It offers a comprehensive approach to international commercial arbitration (focused on the New York Convention and UNCITRAL Model Law), while providing comparative examples drawn from state-to-state and investment arbitration. An easy-to-use chronological structure follows the course of an international arbitration. Features: Thoroughly revised to reflect amendments to UNCITRAL Rules, ICC Rules and other institutional arbitration rules New sections addressing IBA Guidelines on Party Representation in International Arbitration Revised to reflect amendments to representative national arbitration legislation in France, Singapore and elsewhere Streamlined excerpts of cases and awards; added excerpts of new arbitral awards on selected topics.

International Commercial Arbitration

Author : Gary Born
ISBN : 9789041127594
Genre : Arbitration agreements, Commercial
File Size : 63. 95 MB
Format : PDF, ePub
Download : 939
Read : 568

Download Now


International Commercial Arbitration Third Edition is an authoritative treatise providing the most complete available commentary and analysis on all aspects of the international commercial arbitration process. This completely revised and expanded edition of Gary Born's authoritative work is divided into three main parts, dealing with the International Arbitration Agreement, International Arbitral Procedures and International Arbitral Awards. The Third Edition provides a systematic framework for both current analysis and future developments, as well as exhaustive citations from all leading legal systems. INTERNATIONAL ARBITRATION AGREEMENTS Legal Framework for International Arbitration Agreements International Arbitration Agreements and the Separability Presumption Choice-of-Law Governing International Arbitration Agreements Formation, Validity and Legality of International Arbitration Agreements International Arbitration Agreements and Competence-Competence Effects and Enforcement of International Arbitration Agreements Interpretation of International Arbitration Agreements INTERNATIONAL ARBITRAL PROCEDURES AND PROCEEDINGS Legal Framework for International Arbitral Proceedings Selection, Challenge and Replacement of Arbitrators in International Arbitration Rights and Duties of International Arbitrators Selection of Arbitral Seat in International Arbitration Procedures in International Arbitration Disclosure and Discovery in International Arbitration Provisional Measures in International Arbitration Consolidation, Joinder and Intervention in International Arbitration Choice of Substantive Law in International Arbitration Confidentiality in International Arbitration Legal Representation and Professional Conduct in International Arbitration INTERNATIONAL ARBITRAL AWARDS Legal Framework for International Arbitral Awards Form and Content of International Arbitral Awards Correction, Interpretation and Supplementation of International Arbitral Awards Annulment of International Arbitral Awards Recognition and Enforcement of International Arbitral Awards Preclusion, Lis Pendens and Stare Decisis in International Arbitral Awards

International Civil Litigation In United States Courts

Author : Gary B. Born
ISBN : 9781454823971
Genre : Law
File Size : 32. 26 MB
Format : PDF, ePub, Docs
Download : 906
Read : 457

Download Now


Written by two leading scholar-practitioners in the field, International Civil Litigation in United States Courts offers a unique combination of excerpts of cases and materials, commentary, and detailed notes--in an accessible framework that integrates topics seamlessly. Much like the newly released edition of Mr. Born's International Arbitration casebook, this text promises to be the leader in its field. The Fifth Edition provides a thoroughly updated survey of the field, canvassing recent developments, such as the stream-of-commerce theory of personal jurisdiction, the immunity of government officials after Samantar , and the extraterritorial application of federal statutes after Morrison . Each chapter contains non-U.S. materials which support a comparative study of the topics covered in the book. International Civil Litigation in United States Courts features broad and inclusive coverage a manageable and transparent organization of topics extraordinary authorship that brings a wealth of experience in teaching and practice to every page integrated coverage of conflicts of laws enduring value as a reference source Updated throughout, highlights of the Fifth Edition reflect significant developments in the field: analyzes the most recent Supreme Court decisions in the field like Samantar, Morrison and the upcoming stream of commerce cases traces subsequent lower court activity following path breaking decisions like Sosa and Intel covers major legislative activity like the recent overhaul of the Foreign Sovereign Immunities Act even greater emphasis on comparative analysis of the topics covered such as jurisdiction, judgments and forum selection

Arbitration And Contract Law

Author : Neil Andrews
ISBN : 9783319271446
Genre : Law
File Size : 52. 44 MB
Format : PDF, ePub, Mobi
Download : 224
Read : 684

Download Now


This book deals with the contractual platform for arbitration and the application of contractual norms to the parties' dispute. Arbitration and agreement are inter-linked in three respects: (i) the agreement to arbitrate is itself a contract; (ii) there is scope (subject to clear consensual exclusion) in England for monitoring the arbitral tribunal's fidelity and accuracy in applying substantive English contract law; (iii) the subject-matter of the arbitration is nearly always a ‘contractual’ matter. These three elements underlie this work. They appear as Part I (arbitration is founded on agreement), Part II (monitoring accuracy), Part III (synopsis of the English contractual rules frequently encountered within arbitration). The book will be a useful resource to foreign lawyers or English non-lawyers, English lawyers seeking a succinct discussion, and to arbitral tribunals.​

Soft Law In International Arbitration

Author : Lawrence W. Newman
ISBN : 9781937518431
Genre : Law
File Size : 85. 31 MB
Format : PDF, Docs
Download : 384
Read : 563

Download Now


Présentation de l'éditeur : "In recent years, a growing body of provisions called "protocols," "guidelines," "checklists" or even "rules" has emerged in international arbitration. Unlike national or international law, or institutional arbitral rules, these provisions are not "mandatory" for arbitration participants. They range from provisions that can be incorporated into the parties' agreement to arbitrate to suggestions as to the best practices that arbitrators and other arbitration participants may choose to follow. These materials are often collectively referred to as "soft law." Soft Law in International Arbitration provides a guide to what the editors consider to be the most useful of such materials. The book organizes these materials into five categories, each introduced with commentary by a prominent member of the international arbitration community. Thus, the eighteen documents contained in this book can be regarded as helping to fill in the spaces that substantive law and arbitration rules have intentionally left blank. Soft Law in International Arbitration is an indispensable commentary for practitioners and academics alike."

Between East And West

Author : Kaj Hobér
ISBN : STANFORD:36105134507412
Genre : Law
File Size : 36. 48 MB
Format : PDF, Mobi
Download : 626
Read : 1121

Download Now


Friends and colleagues from all corners of the world have dedicated this publication to Ulf Franke in appreciation of his 35 years of service as Secretary General of the Arbitration Institute of the Stockholm Chamber of Commerce (SCC Institute). Mr. Franke’s expertise has been long recognized not only in Sweden, but also in the international arbitration community. Throughout an inspiring career, Mr. Franke has used his vast knowledge of international arbitration in combination with an inexhaustible energy to build and develop the practice of institutional arbitration and the SCC Institute. Between East and West: Essays in Honour of Ulf Franke contains 43 essays by leading members of the arbitration community. The contributions not only look back on how international arbitration has developed over the course of Mr. Franke’s career, but also discuss cutting-edge issues that directly affect the future of this field.

Transnational Litigation In Comparative Perspective

Author : Stephen C. McCaffrey
ISBN : STANFORD:36105134446694
Genre : Law
File Size : 80. 8 MB
Format : PDF, Kindle
Download : 243
Read : 1130

Download Now


Transnational Litigation in Comparative Perspective: Theory and Application is the only casebook that examines the principal issues in transnational litigation from a comparative perspective. Each chapter focuses on a particular core problem that all legal systems must address. The first half of each chapter is devoted to exploring the theoretical context of the issue, thereby enabling students to appreciate the complexity of the problem and to see how achieving a resolution requires balancing competing interests. The second part of each chapter then focuses on how different systems deal with these challenges. Topics covered include protective measures, personal jurisdiction, forum non conveniens, forum selection clauses, state immunity, state doctrine, service of process, gathering evidence abroad, choice of law, and recognition and enforcement of foreign judgments. Distinctive Features *Uses a comparative approach that better prepares future lawyers for international litigation that may be initiated in countries other than the U.S. *Offers a hypothetical at the beginning of each chapter to introduce the fundamental issue; the hypotheticals raise questions that are diagnostic rather than prescriptive, leading to many "right" answers *Accommodates different types of courses--professors who employ a less theoretical approach can use the hypotheticals to ground class discussions *Considers issues unique to arbitration as they arise in connection with the various topics studied

Top Download:

Best Books