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Télécharger "Document Production in International Arbitration (International Arbitration Law Library Book 33) (English Edition)" de Reto Marghitola Pdf Epub

Auteur : Reto Marghitola
Catégorie : Boutique Kindle,Ebooks Kindle,Ebooks en langues étrangères
Broché : * pages
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Langue : Français, Anglais

Because document production can discover written evidence that would otherwise not be available, it is often the key to winning a case. However, document production proceedings can be a costly and time-consuming exercise, and arbitral awards in particular are often challenged on grounds that relate to document production orders. The task of balancing the conflicting interests of the parties in this context is a major responsibility of arbitral tribunals.This book's analysis focuses on whether there exist legal principles on which arbitrators should establish rules of document production in both civil law and common law countries, and shows how international arbitration is affected. The author examines the relevant discretion of arbitral tribunals under US, English, Swiss, German, and Austrian law, and under nine of the most important sets of institutional rules, including the ICC Rules, the LCIA Rules, and the Swiss Rules. The presentation mines case law and legal literature for concepts based on the common expectations of the parties, the legitimate expectations of a party, the duty to balance different procedural expectations of the parties, the presumed intent of the parties, the underlying hypothetical bargain, implied terms, and the arbitrators' discretion.Among the topics and issues investigated are the following:- procedural rules on document production versus procedural flexibility;- how arbitral tribunals can modify the IBA Rules on a case-by-case basis;- discretion granted by legislation in each country covered;- electronic document production;- how to deal with privilege and confidentiality objections;- how to formulate or answer document production requests;- effective sanctions in case of non-compliance with procedural orders of the arbitral tribunal;- what grounds for annulment and non-enforcement a losing party can raise in what countries.Perhaps the greatest benefit of the book is the inclusion of model clauses, commensurate with both civil law and common law expectations. The author explicates the advantages and inconveniences of each model clause, and clarifies the influence of each clause on the efficiency of the proceedings and the enforcement risk.For practitioners, the book not only gives counsel a thorough overview of possible arguments for and against document production, but also assists arbitrators find a way through the jungle of opinions on the interpretation of the IBA Rules. Legal academics will appreciate the author's deeply informed analysis and commentary and the book's contribution to increasing the predictability of arbitral decisions on document production and showing how issues in dispute can be narrowed by tailor-made rules, thus helping to raise the efficiency and reduce the costs of arbitral proceedings.

Télécharger Document Production in International Arbitration (International Arbitration Law Library Book 33) (English Edition) de Reto Marghitola Pdf Ebook

Document Production in International Arbitration / Wolters ~ International Arbitration Law Library Series Volume 33. Because document production can discover written evidence that would otherwise not be available, it is often the key to winning a case. However, document production proceedings can be a costly and time-consuming exercise, and arbitral awards in particular are often challenged on grounds that relate to document production orders. The task .

Document Production in International Arbitration: A ~ Document Production in International Arbitration those systems are seemingly content with the process they adopt. Thus, neither system can be said to be inherently flawed. It is from this background that the relatively modem concept of international arbitration emerged. It provides an alternative to litigation before domestic

International Arbitration Law Library / Wolters Kluwer ~ International Arbitration Law Library: Arbitration in Complex International Contracts. By Joachim G. Frick. Format. Hardbound. Hardbound. Available: Ships in 3-5 Business Days . Price. Qty. This product is available for the standing order program. Learn More. Add to Cart. Share. Facebook; Twitter; LinkedIn; Email; Overview; Table of Contents; Volumes; Related Products; Overview. The technical .

Production de documents en arbitrage / Arbitrage ~ Ce concept est courant dans l'arbitrage international, mais diffère des traditions de la common law anglaise, qui nécessitent une divulgation beaucoup plus rigoureuse[2]. Afin d'englober l'arbitrage tenu à la fois en common law […] Classé sous: Informations d'arbitrage, Juridiction d'arbitrage, Règlement d'arbitrage, Production de documents en arbitrage, Juridiction, Arbitrage LCIA .

International Arbitration Books • Arbitration ~ A Practical Guide to International Arbitration in London, H. Heilbron (2008) This book, which is relevant for arbitrations with their seat in London, provides an overview of the English legal system and practice of law, as well as practical advice concerning how arbitration proceedings take place under the 1996 Arbitration Act.

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Journal of International Arbitration ~ The Journal of International Arbitration is published six times per year. Subscription prices for 2016 [Volume 33, Numbers 1 through 6] including postage and handling: Print subscription prices: EUR 975/USD 1301/GBP 718 Online subscription prices: EUR 904/USD 1205/GBP 665 This journal is also available online at www.kluwerlawonline. Sample copies and other information are available at www .

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International Arbitration - LAWS ~ International arbitration is a form of arbitration that deals primarily with contract disputes among parties who are domiciled in different countries. International arbitration, like domestic arbitration can be either binding or non-binding on the parties involved. International arbitration involves the parties, their representatives and an arbitrator where the groups discuss the issues .

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International Arbitration Research - Harvard Library ~ Books in our library are organized on the shelves by subject and classified according to the Library of Congress call number system. Under this system, all books that are primarily about law have a call number that starts with the letter "K." If the book is mainly about international arbitration, then its call number will begin with "K2400." In HOLLIS, you can browse books by call number .

International Arbitration 2020 / France / ICLG ~ France: International Arbitration Laws and Regulations 2020. ICLG - International Arbitration Laws and Regulations - France covers common issues in international arbitration laws and regulations – including arbitration agreements, governing legislation, choice of law rules, selection of arbitral tribunal, preliminary relief and interim measures – in 34 jurisdictions

International Arbitration Laws and Regulations / France / GLI ~ In international arbitration, the Decree confirms the position of the case law that the “arbitration agreement shall not be subject to any requirement as to its form” (Article 1507) and aligns the position of French law to that of the most modern laws (and competitor in terms of place of arbitration) such as Swiss law: an application to set aside an award or an appeal against an .

Arbitration International / Oxford Academic ~ International arbitration in a brave new world; Pope Gregory the Great and the Disputes of Sardinian Women 591–604; A conversation with Professor William W. (Rusty) Park—as interviewed by Professor Catherine A. Rogers: Institute for Transnational Arbitration Houston, Texas, 13 January 2017; Damages for breach of an international arbitration .

Soft Law in International Arbitration / ArbitrationLaw ~ 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 .

Guide to International Arbitration - Latham & Watkins ~ international arbitration rules, and are accustomed to addressing choice of law, choice of jurisdiction, comparative law, and cross-cultural issues. The firm takes full advantage of the Latham network of international offices supported by an advanced, unified, technology platform. This facilitates communication and coordination, both internally and with clients, and enhances Latham’s .

International Arbitration - Peace Palace Library ~ The ICDR International Arbitration Rules are structured in accordance with the typical life-cycle of an international arbitration and the book follows this thematic structure, providing ample cross-referencing to assist the reader in understanding the relationship between the various rules and genuine issues likely to be encountered during an arbitration. The commentary embraces each of the .

International Commercial Arbitration - Research Guides ~ Research Guide: International Commercial Arbitration. Written by Alison P. Sherwin Last Updated December 15, 2015 by Hunter Whaley. The purpose of this research guide is to provide a brief overview of International Commercial Arbitration (“ICA”) and the resources available on the topic, in Columbia's Diamond Law Library, through the library homepage, and on the Internet.

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Arbitration - International commercial arbitration ~ Arbitration - Arbitration - International commercial arbitration: International commercial arbitration between traders of different countries has long been recognized by the business community and the legal profession as a suitable means of settling trade controversies out of court. The procedure in international commercial arbitration is basically the same as in domestic arbitration.

International Arbitration Database / Published by The ~ The International Arbitration Society established the Arbitration Database in May 2008. It is a website destined to become one of the biggest free online databases for lawyers and scholars seeking articles and cases related to international arbitration. We highly encourage our users to submit any documents you might deem relevant (i.e .

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International Arbitration 2020 / India / ICLG ~ India: International Arbitration Laws and Regulations 2020. ICLG - International Arbitration Laws and Regulations - India covers common issues in international arbitration laws and regulations – including arbitration agreements, governing legislation, choice of law rules, selection of arbitral tribunal, preliminary relief and interim measures – in 34 jurisdictions