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ENGLISH

Good Faith In International Arbitration

~~107,33€~~ 96,60€ 10% OFF

 Although considered a somewhat ‘hazy’ concept (particularly in common law), good faith may nevertheless be defined as a duty incumbent on a person negotiating or performing an agreement. Thus, it may be understood as obligatory on all parties in the conduct of arbitral proceedings. In this collection of expert chapters, notable jurists and legal academics from around the world fully investigate the multifaceted notion of good faith in international arbitration.All the following aspects of the matter are covered:<ul><li>detailed analysis of good faith in both common law and civil law traditions as reflected in doctrine, scholarship, and case law;</li><li>good faith implications in treaty interpretation;</li><li>using good faith as a negative defence against claims or as a positive basis for claims;</li><li>good faith in the specific field of international investment arbitration;</li><li>procedural aspects of the parties’ obligation to act in good faith during pre-arbitral negotiations, conciliation, and mediation, as well as during the arbitral proceedings;</li><li>the duty of arbitrators and arbitral institutions to act in good faith; and</li><li>the role of good faith in actions to set aside.</li></ul>As an authoritative survey and analysis of how the concept of good faith has been applied in international arbitration - and defined in the case law relevant to it - this matchless book provides invaluable guidance to parties involved in international arbitral proceedings.
ENGLISH

Good Faith In International Arbitration

~~107,33€~~ 96,60€ 10% OFF

 Although considered a somewhat ‘hazy’ concept (particularly in common law), good faith may nevertheless be defined as a duty incumbent on a person negotiating or performing an agreement. Thus, it may be understood as obligatory on all parties in the conduct of arbitral proceedings. In this collection of expert chapters, notable jurists and legal academics from around the world fully investigate the multifaceted notion of good faith in international arbitration.All the following aspects of the matter are covered:<ul><li>detailed analysis of good faith in both common law and civil law traditions as reflected in doctrine, scholarship, and case law;</li><li>good faith implications in treaty interpretation;</li><li>using good faith as a negative defence against claims or as a positive basis for claims;</li><li>good faith in the specific field of international investment arbitration;</li><li>procedural aspects of the parties’ obligation to act in good faith during pre-arbitral negotiations, conciliation, and mediation, as well as during the arbitral proceedings;</li><li>the duty of arbitrators and arbitral institutions to act in good faith; and</li><li>the role of good faith in actions to set aside.</li></ul>As an authoritative survey and analysis of how the concept of good faith has been applied in international arbitration - and defined in the case law relevant to it - this matchless book provides invaluable guidance to parties involved in international arbitral proceedings.
ENGLISH

Arbitration And Corruption

111,30€ + 10% CARD

 Corruption is one of the main obstacles to sustainable development and has a significant negative impact on a country’s productivity. In this book, which reproduces the transcribed presentations and lively discussions at the 2019 Annual Conference of the Swiss Arbitration Association (ASA), four panels including internationally known arbitration practitioners, criminal lawyers and accountants exchange views on the causes, costs, and impacts of corruption not only on society but also on the arbitral process and the arbitral profession. Among the many facets of corruption, the contributors address the following: <ul> <li>legal framework of corruption and applicable law;</li> <li>cost of corruption from an economic perspective;</li> <li>jurisdiction and the arbitrability of issues of corruption;</li> <li>aspects of corruption that are specific to arbitration in specific business sectors;</li> <li>cases involving corrupt arbitrators, experts, and witnesses;</li> <li>establishing correctness or incorrectness of suspicion of corruption;</li> <li>bringing issues of corruption before the parties; and</li> <li>judicial scrutiny of corruption-tainted arbitral awards at the setting aside and enforcement stage.</li> </ul> The authors, all of them prominent in representing the full range of business sectors active in international arbitration, provide matchless practical guidance in dealing with challenges associated with corruption in arbitration. Among much else, they deal with ‘red flags’ likely to indicate suspicious relationships, effective strategies to employ when confronted with a corruption-tainted contract and reporting suspicion of corruption and the related risk of personal liability. All of this invaluable material will be greatly appreciated by practising arbitrators, corporate counsel, arbitration institutions, and concerned academics.
ENGLISH

Clear Path Or Jungle In Commercial Arbitrators' Conflict Of Interest?

111,30€ + 10% CARD

 In arbitral proceedings, objections and challenges related to arbitrators’ conflicts of interest can readily escalate into acrimony. Moreover, the alleged fear of bias has engendered a veritable jungle of rules and guidelines, complicating and even undermining the process. In this book’s innovative approach to this thorny subject, prominent specialists representing three stakeholding groups—users, institutions, and state courts—impart firsthand information on their respective practices and policies concerning arbitration, and then proceed to recommend promising paths to harmonizing guidelines and establishing clear and reasonable criteria. Drawing on papers presented at a conference sponsored by the Swiss Arbitration Association (ASA), the contributions respond in depth to such questions as the following: <ul> <li>How much independence and impartiality do users seek?</li> <li>What are users expecting and to what extent do expectations differ with regard to the users’ own arbitrator, the arbitrator appointed by the opponent, and the chairperson?</li> <li>In what ways can party-appointed arbitrators impact independence and impartiality?</li> <li>When and why should an arbitrator be challenged?</li> <li>How much uniformity exists among the various sets of institutional rules and guidelines, relating in particular to the constitution of the arbitral tribunal?</li> </ul> Contributors come from a representative range of major commercial jurisdictions, including England, France, Germany, Singapore, Switzerland, and the United States. With its deeply informed, practice-based views from users, arbitral institutions, major jurisdictions, and practitioners, this remarkably thorough overview of arbitrators’ conflicts of interest will facilitate informed choice of jurisdictions and arbitral institutions for users and assist arbitrators in ascertaining their disclosure obligations. It will be highly valued by corporate counsel, arbitral institutions, arbitrators, judges, and academics interested in international arbitration.
ENGLISH

Environmental Law In Hong Kong

by Anton Cooray

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ENGLISH

Labour And Employment Compliance In Poland

by Barbara Jozwik

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ENGLISH

Labour And Employment Compliance In France

by Pascale Lagesse

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Labour And Employment Compliance In Spain

by Ana Campos, Salvador Del Rey e Sergi Galvez Duran

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ENGLISH

Labour And Employment Compliance In India

by Manishi Pathak

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Labour And Employment Compliance In The United Arab Emirates

by Sara Khoja e Sarit Thomas

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ENGLISH

Labour And Employment Compliance In Saudi Arabia

by Sara Khoja e Sarit Thomas

71,65€

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ENGLISH

Labour And Employment Compliance In The Republic Of Korea

by Christopher Mandel, Sang Wook Cho e Soojung Lee

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Labour And Employment Compliance In Italy

by Angelo Zambelli

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Labour And Employment Compliance In Chile

by Gerardo Otero A., Javier Sabido, Maria De Los Angeles Fernandez S. e Maria Dolores Echeverria F.

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Labour And Employment Compliance In Japan

by Yoshikazu Sugino

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Labour And Employment Compliance In Brazil

by Andrea Giamondo Massei Rossi, Murilo Caldeira Germiniani e Rodrigo Seizo Takano

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Labour And Employment Compliance In Argentina

by Enrique Alfredo Betemps e Julio Cesar Stefanoni Zani

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Labour And Employment Compliance In Mexico

by Oscar De La Vega Gomez

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Labour And Employment Compliance In Israel

by Helen Raziel, Ilan Winder e Pnina Broder-Manor

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Labour And Employment Compliance In Germany

by Gerlind Wisskirchen e Martin Lutzeler

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Labour And Employment Compliance In Belgium

by Chris Van Olmen

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Corporate Acquisitions And Mergers In The United Kingdom

by Nilufer Von Bismarck Obe

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ENGLISH

Corporate Acquisitions And Mergers In Bulgaria

by Denitsa Kuzeva, Diana Dimova, Gabriela Ivanova, Ilia Lasin, Nina Tsifudina, Petar Popov, Simeon Vachev e Stanislava Irikova

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ENGLISH

Corporate Acquisitions And Mergers In Vietnam

by Bui Thanh Tien e Tony Foster

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