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This book explores the rise of private arbitration in religious and other values-oriented communities, and it argues that secular societies should use secular legal frameworks to facilitate, enforce, and also regulate religious arbitration. It covers the history of religious arbitration; the kinds of faith-based dispute resolution models currently in use;...
By Nick Gallus
This book examines whether the time of an action, along with other types of jurisdiction such as subject and territory, determines whether a tribunal may rule on it. It does this by clarifying the different limits on the temporal jurisdiction of international tribunals and the important distinctions between those limits.
This book provides the reader with immediate access to understanding the world of international arbitration by explaining how and why arbitration works. It is short and readable, but comprehensive in its coverage of the basic requirements, including the most recent changes in arbitration laws, rules, and guidelines.
General Principles of Law and International Due Process: Principles and Norms Applicable in Transnational Disputes
Article 38 of the Statute of the International Court of Justice defines "international law" to include not only "custom" and "convention" between States but also "the general principles of law recognized by civilized nations" within their municipal legal systems. In 1953, Bin Cheng wrote his seminal book on general principles,...
This book charts and assesses the extent to which the major arbitration houses, including the International Chamber of Commerce and the International Centre for the Settlement of Investment Disputes, are evolving governance functions that would normally be associated with state courts.
This Guide provides an overview of the global framework of international commercial arbitration - the New York Convention - and gives comprehensive insight into the laws of international arbitration for the world's most important jurisdictions in the arena of international arbitration: Austria, Belgium, Brazil, China, England and Wales, France, Germany,...
The doctrine of res judicata is an increasingly significant issue in international commercial arbitration as the number of disputes subject to arbitration, parties, and arbitral forums has grown. Schaffstein analyses the doctrine in domestic and international litigation and its application, then sets out to identify practical guidelines.
This book demonstrates how the public international law character of investment treaty arbitration has impacted on the dispute settlement procedure.
By Jan Paulsson
This volume provides the first theoretical examination of the concept of arbitration. It explores the place of arbitration in the legal process, offering a challenging yet accessible overview of the field and its theoretical underpinnings.