Redfern and Hunter on International Arbitration
Sixth Edition (Hardback and eBook)
Nigel Blackaby, Constantine Partasides QC, Alan Redfern, and Martin Hunter
'This leading commentary on international commercial arbitration, now in its sixth edition, is an essential guide for arbitrators and lawyers worldwide. Based on the authors' extensive experience as counsel and arbitrators, it provides an updated explanation of all elements of the law and practice of arbitration. This pack includes the hardback and an ebook version.
This text provides an authoritative guide to the international arbitral process, from the drafting of the arbitration agreement to the enforcement of arbitral awards. The sixth edition has been updated to incorporate reference to the latest significant developments in the field such as the new LCIA, ICC and UNCITRAL Rules and new IBA Guidelines. There will also be an increased reference to international arbitral authority and practice from beyond Europe (China, India, and the US).
Following the chronology of an arbitration, the book covers applicable laws, arbitration agreements, the establishment and powers of a tribunal, the conduct of proceedings and the role of domestic courts. In addition, it provides an in-depth examination of the award itself, and comments on the special considerations applying to arbitrations brought under investment treaties. It draws on examples of the rules and practice of arbitration at the International Chamber of Commerce, the London Court of International Arbitration, the American Arbitration Association, the International Centre for Settlement of Investment Disputes and the United Nations Commission on International Trade Law.'
Source: Oxford Press
The Principles and Practice of International Commercial Arbitration
Paperback – Mar 26 2012
by Margaret L. Moses
'The Principles and Practice of International Commercial Arbitration provides the reader with immediate access to understanding the world of international arbitration. Arbitration has become the dispute resolution method of choice in international transactions. This book explains how and why arbitration works. It provides the legal and regulatory framework for international arbitration, as well as practical strategies to follow and pitfalls to avoid. 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. The second edition includes updates on rules and guidelines, such as the arbitration rules of the ICC, the SCC, the ACICA, and UNCITRAL, as well as the 2010 IBA Rules on Taking of Evidence in International Arbitration. In the book, the author includes insights from numerous international arbitrators and counsel, who tell firsthand about their own experiences of arbitration and their views of best practices. Throughout the book, the principles of arbitration are supported and explained by the practice, providing a concrete approach to an important means of resolving disputes.'
Ethics in International Arbitration
by Catherine A. Rogers
'Ethics in International Arbitration systematically analyses the causes and effects of these developments as they relate to the professional conduct of arbitrators, counsel, experts, and third-party funders in international commercial and investment arbitration. This work proposes a model for effective ethical self-regulation, meaning regulation of professional conduct at an international level and within existing arbitral procedures and structures. The work draws on historical developments and current trends to propose analytical frameworks for addressing existing problems and reifying the legitimacy of international arbitration into the future'.
Source: Oxford Press
Transnational Commercial Law: Text, Cases, and Materials
by Roy Goode (Author), Herbert Kronke (Author), Ewan McKendrick (Author)
'In this new edition the work has been completely revised and updated, covering a number of new or substantially revised international instruments. In addition four new chapters have been added by specialist contributors dealing with regional harmonization, carriage of goods by sea, transactions in securities and the relationship between international conventions and national law. The authority of the text is enhanced by the fact that all the authors have played leading roles in the drafting and development of many of the instruments examined in the work.'
Practising Virtue: Inside International Arbitration
by David D. Caron (Editor), Stephan W. Schill (Editor), Abby Cohen Smutny (Editor), Epaminontas E. Triantafilou (Editor)
'Practising Virtue looks at international arbitration from the 'inside', with an emphasis on its transnational character. Instead of concentrating on the national and international law governing international arbitration, it focuses on those who practice international arbitration, in order to understand how it actually works, what its sources of authority are, and what demands of legitimacy it must meet. Putting those who practice arbitration into the centre of the system of international arbitration allows us to appreciate the way in which they contribute to the development of the law they apply. This book invites eminent arbitrators to reflect on the actual practice of international arbitration, and its contribution to the transnational justice system.'
Cross-Examination in International Arbitration
by Kaj Hobér (Author), Howard S. Sussman (Author)
'Cross-Examination In International Arbitration addresses the common issues that can occur in cross-examination in arbitrations such as adjusting the level of English to consider the competency of the panel's least competent member or how to cross-examine a witness with only the use of a written statement rather than by means of oral direct testimony. By highlighting the common challenges which might arise, the authors present a guide which will benefit those practicing or looking to practice in this field.'
Alternative Dispute Resolution-The Indian Perspective
Edited by Shashank Garg
'Alternative Dispute Resolution (ADR) is a mechanism to resolve disputes outside the courtroom through mediation, arbitration, negotiation and conciliation. With the rapidly changing business and commerce landscape, the demand for efficient and time-bound methods of dispute resolution has increased. As a departure from the traditional adversarial system of dispensing justice, which is expensive, slow and often ineffective, ADR provides the panacea of early resolution of disputes to the warring parties.
This book provides an insight into the contemporary aspects of the law and practice of ADR in India. The volume, with contributions from eminent experts, sheds light on the usage of the best practices of dispute resolution in India and answers complex legal questions related to ADR. It equips the readers to understand the challenges associated with the ever-increasing ADR mechanism and addresses issues that have emerged following the enactment of the Arbitration and Conciliation (Amendment) Act, 2015.'
Procedure and Evidence in International Arbitration
by Jeffrey Waincymer
'Like any complex human activity, the practice of international arbitration takes place in a context wider than its rules and its "book learning" can articulate. Its hallmark combination of fairness and efficiency is actually accomplished through a web of deliberation and judgment in which particular circumstances play an ever-present role. This highly distinctive book combines an unparalleled familiarity with the key theoretical and practical books in the field and a keen awareness, from procedural and evidentiary perspectives, of what arbitral tribunals and practitioners actually do--or should do.
Central to the book’s purpose is the procedural challenge facing arbitrators at each and every stage of the arbitral process when fairness arguments conflict with efficiency concerns and trade-offs must be determined. Some key themes include how can a tribunal be fair, and in particular be neutral, if parties are so diverse? How can arbitration be made efficient and cost-effective without undue inroads into fairness and accuracy? How does a tribunal do what is best if the parties are choosing a suboptimal process? When can or must an arbitrator ignore procedural choices made by the parties? The author thoroughly evaluates competing arguments and adds his own practical tips, expertly synthesizing and engaging with the conference literature and differing authors’ views. He identifies criteria that offer a harmonized approach to each stage of the arbitral process, with particular attention to such aspects of international arbitration as:
- appropriate trade-offs between flexibility and certainty;
- the rights, duties and powers of arbitrators;
- appointment and challenge of arbitrators;
- responses to ‘guerilla’ tactics;
- drafting of arbitration agreements, including specialty clauses;
- drafting of required commencement notices and response documents;
- fast track arbitration and other efficiency options;
- strategic use of preliminary conferences and timetabling;
- online arbitration;
- multi-party, multi-contract, class arbitration;
- amicus and third party funders;
- pre-arbitral referees and interim relief;
- witness evidence, both factual and expert;
- documentary evidence, production obligations, and challenges to production;
- identifying applicable law; and
- remedies and costs.
The discussion of each stage offers practical suggestions informed by insights from various theoretical debates and empirical studies, and a unique appendix outlines the facts of numerous reported challenges to arbitrators.
No previous book has tackled so directly, in an utterly practical context, the question of how issues of fairness interrelate with efficiency concerns and how this should act as a guide to best arbitral practice. Seeking to identify the essential character and spirit of desirable norms rather than technical detail, the author shows how the exercise of discretion will have a fundamental impact on the outcome of arbitration and the respect in which the practice is held. No one using international arbitration, or considering the use of it, can afford to ignore this book.'
For complete list of books available, please contact the MARC Permanent Secretariat