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Arbitration and Contract Law: Common Law Perspectives (Ius Gentium: Comparative Perspectives on Law and Justice #54)

Thisbook deals with the contractual platform for arbitration and the application ofcontractual norms to the parties' dispute. Arbitration and agreement areinter-linked in three respects: (i) the agreement to arbitrate is itself acontract; (ii) there is scope (subject to clear consensual exclusion) inEngland for monitoring the arbitral tribunal's fidelity and accuracy inapplying substantive English contract law; (iii) the subject-matter of thearbitration is nearly always a 'contractual' matter. These three elementsunderlie this work. They appear as Part I (arbitration is founded onagreement), Part II (monitoring accuracy), Part III (synopsis of the Englishcontractual rules frequently encountered within arbitration). Thebook will be a useful resource to foreign lawyers or English non-lawyers,English lawyers seeking a succinct discussion, and to arbitral tribunals. ​

Arbitration and Dispute Resolution in the Resources Sector: An Australian Perspective (Ius Gentium: Comparative Perspectives on Law and Justice #43)

This book provides a comprehensive Australian perspective on the resolution of resources disputes. In particular, it focuses on the use of arbitration, mediation and adjudication in the resources sector. It concentrates on arbitration as the preferred method of dispute resolution, including international commercial and investor-state arbitration. The book offers fascinating insights into the use of arbitration to investment disputes involving resources companies in the African OHADA countries, Australia and other countries. It offers an Australian perspective which will be useful to discerning arbitration scholars and dispute resolvers. In addition, the book provides useful information on how to draft arbitration clauses for resources sector contracts. This publication will be of interest to members of the academic research community and will also appeal to dispute resolution professionals and practitioners.

Arbitration and Human Rights: Approaches to Excluding the Annulment of Arbitral Awards and Their Compatibility with the ECHR

This book presents a creative synthesis of two ostensibly disparate fields of law – arbitration and human rights. More specifically, it focuses on various legislative approaches to excluding the annulment of arbitral awards (setting-aside proceedings) at the seat of arbitration and evaluates the compatibility of such approaches with the European Convention on Human Rights (ECHR), in particular the right to a fair trial under Article 6(1). The book first assesses the applicability and impact of the ECHR, in particular Article 6(1), on international commercial arbitration. It then analyses a number of legislative approaches to excluding setting-aside proceedings, focusing on two synergetic phenomena – exclusion agreements and the total lack of setting-aside proceedings in national arbitration law. Lastly, the book investigates to what extent the lack of setting-aside proceedings in national arbitration law may lead to a violation of arbitrating parties’ right to a fair trial under Article 6(1), and puts forward certain de lege ferenda recommendations on how to best approach the regulation of setting-aside proceedings in national arbitration law from the standpoint of compliance with the ECHR.

Arbitration and Rent Review

Arbitration and Rent Review has become a standard work in the property world for guidance on rent review. In a clear style, the author examines the procedures that landlord and tenant should follow in order to agree a new rent or to have one decided by arbitration. By means of cases, he highlights the key areas of conflict that come before the courts, the contentious issues being introduced in the order in which they would be encountered by landlords or tenancts facing a review.

Arbitration and the Constitution

Arbitration has become an increasingly important mechanism for dispute resolution, both in the domestic and international setting. Despite its importance as a form of state-sanctioned dispute resolution, it has largely remained outside the spotlight of constitutional law. This landmark work represents one of the first attempts to synthesize the fields of arbitration law and constitutional law. Drawing on the author's extensive experience as a scholar in arbitration law who has lectured and studied around the world, the book offers unique insights into how arbitration law implicates issues such as separation of powers, federalism, and individual liberties.

Arbitration Clauses and Third Parties (Lloyd's Arbitration Law Library)

This is the first book to focus on the legal question of the incorporation of arbitration clauses, even though this issue constitutes a common problem that arises frequently in practice. Arbitration Clauses and Third Parties compares different branches of law, namely shipping, reinsurance, and construction, where the legal notion of incorporation is often implemented. It evaluates how the differences and peculiarities of the said branches of law impact the outcome of the incorporation of arbitration clauses and therefore why a ‘one size fits all’ approach should be avoided. The book provides both an in-depth legal analysis of the incorporation of arbitration clauses as well as the legal position of the third parties regarding arbitration agreements and a detailed evaluation of the relevant case law. It further offers a unique comparative analysis of English law and Singapore law with regards to the incorporation of arbitration clauses and features recent case law on the issue from both jurisdictions. Moreover, the book explores the status of third parties to arbitration and a wide range of legal situations in which arbitration clauses bind third parties. This book will be directly of interest to lawyers and professionals in arbitration, reinsurance, construction, and shipping, as well as to relevant academic courses.

Arbitration Clauses in Maritime Contracts

Arbitration clauses are sacrosanct in maritime contracts. Standard forms of charterparties and bills of lading reflect a desire to trade over the trusted dispute resolution choice of arbitration. However, when incorporating arbitration clauses, disputes and interpretational complexities continue to arise evidencing that the law is not settled yet. This book introduces a holistic evaluation of the commercial reasons and the legal principles that permeate the incorporation of arbitration clauses in modern maritime contracts, contrasting arbitration with exclusive jurisdiction clauses, where appropriate.The book presents a modern specialised legal study of incorporation of arbitration clauses into maritime contracts, considering recent developments and long-established principles of incorporation.Offering a thorough research into English, European, and Chinese law, with the objective to assess how the incorporation of arbitration principles crystallises through the years, the book will be of interest to researchers, legal practitioners, and commercial parties.

Arbitration Concerning the South China Sea: Philippines versus China (Contemporary Issues in the South China Sea)

On 22 January 2013, the Republic of the Philippines instituted arbitral proceedings against the People’s Republic of China (PRC) under the United Nations Convention on the Law of the Sea (UNCLOS) with regard to disputes between the two countries in the South China Sea. The South China Sea Arbitration is a landmark case in international law because of the parties involved, the legal questions to be decided and the absence of one of the parties. As revealed in its official statements, the PRC will neither accept nor participate in this arbitration nor present written and oral arguments in the tribunal room. Such default of appearance makes applicable certain procedural rules. According to Article 9 of Annex VII, the Tribunal, before making its Award, is obligated to satisfy itself not only that it has jurisdiction over the dispute, but also that the claims brought by the Philippines are well-founded in fact and law. Therefore, it is necessary for the Tribunal to look into all the claims brought forward by the Philippines and all the disputes constituted by the claims in the procedural phase. The possible arguments the PRC could make should be explored during this process. This book brings together chapters selected from well-established scholars in Asia, Europe and North America addressing the issues arising from the South China Sea Arbitration. It contains five easy to read parts: origin and development of the South China Sea dispute; the jurisdiction and admissibility of the case; international adjudication and dispute settlement; legal issues arising from the case such as the legal status of the U-shaped line and islands, rocks and low-tide elevations; and the Arbitration case and its impact on regional maritime security.

Arbitration in China: Rules & Perspectives (China Law, Tax & Accounting)

The book provides a comprehensive and practical overview of arbitration in the People's Republic of China. The process of arbitrating a dispute is described from the perspective of a non-Chinese individual or business. Readers are guided through the typical course of events in an arbitration process. By avoiding both excessive technicality and undue simplification, the book appeals to both law professionals and business managers, and is useful for practitioners and non-experts alike. Recent developments in Chinese law on the matter, up to the first quarter of 2015, has been taken into account in order to provide readers with a pragmatic, up-to-date presentation of the topic. For the same reasons, illustrative reference is made to the Shanghai FTZ Arbitration Rules. The relevant provisions are noted throughout the text; the three appendices at the end of the book allow for easy referencing of the main legislation and regulations. The appendices include English versions of the most important PRC Statutes and Interpretations of Statutes on arbitration, the Arbitration Rules of the main Chinese arbitration institutions and the official Model Arbitration Clauses suggested by those institutions.

Arbitration in the Digital Age: The Brave New World of Arbitration

Arbitration in the Digital Age analyses how technology can be efficiently and legitimately used to further sound arbitration proceedings. The contributions, from a variety of arbitration scholars, report on current developments, predict future trends, and assesses their impact from a practical, legal, and technical point of view. The book also discusses the relationship between arbitration and the Internet and analyses how social media can affect arbitrators and counsel's behaviour. Furthermore, it analyses the validity of electronic arbitration and awards, as well as Online Arbitration (OArb). The volume establishes, on a very practical level, how technology could be used by arbitration institutions, arbitrators, parties to an arbitration and counsel. This book will be of special interest to arbitrators and lawyers involved in international commercial arbitration.

Arbitration Law And Practice (American Casebook)

The Eighth Edition of this popular casebook fully integrates the most recent SCOTUS cases, including Epic Systems v. Lewis and Kindred Nursing Centers, Ltd. Partnership v. Clark, as well as a number of significant lower court decisions from the last three years. To keep pace with the rapid evolution of arbitration law, the new edition refines its organization to more precisely define issues of critical importance while retaining comprehensive coverage. In particular, the early chapters have been revised to provide pinpoint articulation of the core concepts and principles of arbitration law. Meanwhile, the later chapters on fairness in arbitration and enforcement of arbitral awards have been expanded and reworked to account for current trends in the decisional law. As with prior editions, this volume aims to be a teaching tool, allowing students and instructors to comprehensively assess the defining work of the Supreme Court while predicting when, why, and how the law will continue to change.

Arbitration Law Handbook

The Arbitration Law Handbook collects together in one volume the laws in force in more than twenty countries, with the main procedural rules used in each of those countries. Each section has a short overview identifying relevant treaty obligations, the main arbitral bodies and the principal laws in force. Additionally, there is an international section in which the UNCITRAL Model Law and Arbitration Rules are set out and in which the major international conventions relating to arbitration, such as the New York Convention and table of signatories, are reproduced. The section also includes the ICSID Arbitration Rules (applicable to the settlement of investment disputes), as well as those of WIPO (applicable to the settlement of intellectual property disputes)

Arbitration Law in America

Arbitration Law in America: A Critical Assessment is a source of arguments and practical suggestions for changing the American arbitration process. The book, first published in 2006, argues that the Federal Arbitration Act badly needs major changes. The authors, who have previously written major articles on arbitration law and policy, here set out their own views and argue among themselves about the necessary reforms of arbitration. The book contains draft legislation for use in international and domestic arbitration and a detailed explanation of the precise justifications for proposed legislative changes. It also contains two proposals that might be deemed radical - to ban arbitration related to the purchase of products by consumers and to prohibit arbitration of employment disputes. Each proposal is vetted fully and critiqued by one or more of the other co-authors.

Arbitration Practice in Construction Contracts

Considers each stage in the course of an arbitration in detail, from the claimant's decision to seek the means of resolving a dispute to the arbitrator's award, explaining clearly and concisely what is expected of the claimant, respondent and arbitrator and when.

Arbor Day Square

A heartfelt story about community and family, and how neighbors working together can make their town a better place for themselves and future generations. Katie and her papa are among a group of settlers building a town in the middle of the dusty, brown prairie. Every week the trains bring more people and more lumber to build houses, fences, and barns. New buildings are erected: a church with a steeple, a store with glass windows, even a schoolhouse with desks for seventeen children. But one thing is missing: trees. When the townspeople take up a collection to order trees from back east, Katie adds her own pennies and Papa's silver dollar. When the tiny saplings finally arrive, Katie helps dig holes and fetch water. Then, in a quiet corner off the public square, Katie and Papa plant a flowering dogwood in memory of Mama. Although set in the past, Kathryn O. Galbraith's gentle story of community building, the timelessness of love, and the power of ritual will resonate with young readers today. Cyd Moore's full-color illustrations reflect the simplicity of the story and life in a new prairie town, while evoking the complexity of its themes.

The Arbor House Treasury of Great Science Fiction Short Novels

Arboreal Symbolism in European Art, 1300–1800 (Routledge Research in Art and Religion)

Arboreal Symbolism in European Art, 1300–1800 probes the significance of trees in religious iconography of Western art.Based in the disciplines of art history, botany, and theology, this study focuses on selected works of art in which tree forms embody and reflect Christian themes. Through this triple lens, Brown examines trees that early modern artists rendered as sacred symbols—symbols with origins in the Old Testament, New Testament, Greek and Roman cultures, and early medieval legends. Tree components and wood depicted in works of art can serve as evidence for early modern artists’ embrace of biblical metaphor, classical sources, and devotional connotations. The author considers how artists rendered seasonal change in Christian narratives to emphasize themes of spiritual transformation. Brown argues that many artists and their patrons drew parallels between the life cycle of a tree and events in the Gospels with their respective annual, liturgical celebrations.This book will interest scholars in art history, religion, humanities, and interdisciplinary studies.

Arboria: The Land Between the Trees

Something is afoot in Durbuy, the smallest town in the world. Alexander, Hope, Meredith and Amy are spending a wonderful time on holiday with their parents in a house at the edge of a forest when, quite by accident, they stumble across a gateway into a fantastic land populated by dwarfs, gnomes and a host of other creatures each stranger than the last. But they are not the only ones looking for a way back to their own world; a mysterious Sorceress has been trying to locate the portal for the last several centuries...

Arboria Park: A Novel

Stacy Halloran has lived most of her life in 1950s-era housing development Arboria Park. But her beloved neighborhood may not survive much longer. Despite her parents&’ entreaties to &“stay in the yard where it&’s safe,&” the Park is where young Stacy roams in quest of &“real life.&” Through her wanderings, she learns about the area&’s agricultural history; meets people from backgrounds different than her own; watches her siblings develop interracial and same-sex relationships; helps launch the local punk-rock scene; and finally, settles as a wife and mother. As the neighborhood declines (along with her relationship with her mother), Stacy considers moving on to rescue herself and her daughter. But then a massive highway project threatens the ever-resilient Park—and it&’s Stacy&’s task to rally family, friends, and neighbors to save it.

Arborite

Describes the competitive position of Arborite, a Canadian manufacturer of high-pressure laminates (HPL) (a product sold under the Formica name in the United States). Arborite's market share has slipped, and a new general manager must evaluate whether a change in strategy is warranted. Provides detailed information for Arborite and its competitors on the costs of performing the activities necessary to manufacture and market HPL.

The Arbornaut: A Life Discovering the Eighth Continent in the Trees Above Us

“An eye-opening and enchanting book by one of our major scientist-explorers.” —Diane Ackerman, author of The Zookeeper’s WifeNicknamed the “Real-Life Lorax” by National Geographic, the biologist, botanist, and conservationist Meg Lowman—aka “CanopyMeg”—takes us on an adventure into the “eighth continent” of the world's treetops, along her journey as a tree scientist, and into climate actionWelcome to the eighth continent!As a graduate student exploring the rain forests of Australia, Meg Lowman realized that she couldn’t monitor her beloved leaves using any of the usual methods. So she put together a climbing kit: she sewed a harness from an old seat belt, gathered hundreds of feet of rope, and found a tool belt for her pencils and rulers. Up she went, into the trees. Forty years later, Lowman remains one of the world’s foremost arbornauts, known as the “real-life Lorax.” She planned one of the first treetop walkways and helps create more of these bridges through the eighth continent all over the world. With a voice as infectious in its enthusiasm as it is practical in its optimism, The Arbornaut chronicles Lowman’s irresistible story. From climbing solo hundreds of feet into the air in Australia’s rainforests to measuring tree growth in the northeastern United States, from searching the redwoods of the Pacific coast for new life to studying leaf eaters in Scotland’s Highlands, from conducting a BioBlitz in Malaysia to conservation planning in India and collaborating with priests to save Ethiopia’s last forests, Lowman launches us into the life and work of a field scientist, ecologist, and conservationist. She offers hope, specific plans, and recommendations for action; despite devastation across the world, through trees, we can still make an immediate and lasting impact against climate change. A blend of memoir and fieldwork account, The Arbornaut gives us the chance to live among scientists and travel the world—even in a hot-air balloon! It is the engrossing, uplifting story of a nerdy tree climber—the only girl at the science fair—who becomes a giant inspiration, a groundbreaking, ground-defying field biologist, and a hero for trees everywhere.Includes black-and-white illustrations

Arboviruses: Epidemiology and Ecology (Routledge Revivals #3)

First Published in 1988, this five volume set documents the transmission and growth of Arthropod born viruses. Carefully compiled and filled with a vast repertoire of notes, diagrams, and references this book serves as a useful reference for Students of Epidemiology, and other practitioners in their respective fields.

The Arboviruses: Epidemiology and Ecology (Routledge Revivals #4)

First Published in 1988, this five volume set documents the transmission and growth of Arthropod born viruses. Carefully compiled and filled with a vast repertoire of notes, diagrams, and references this book serves as a useful reference for Students of Epidemiology, and other practitioners in their respective fields.

The Arboviruses: Epidemiology and Ecology (Routledge Revivals #1)

First Published in 1988, this five volume set documents the transmission and growth of Arthropod born viruses. Carefully compiled and filled with a vast repertoire of notes, diagrams, and references this book serves as a useful reference for Students of Epidemiology, and other practitioners in their respective fields.

The Arboviruses: Epidemiology and Ecology (Routledge Revivals #5)

First Published in 1988, this five volume set documents the transmission and growth of Arthropod born viruses. Carefully compiled and filled with a vast repertoire of notes, diagrams, and references this book serves as a useful reference for Students of Epidemiology, and other practitioners in their respective fields.