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With this newly updated edition of the Freshfields Guide to Arbitration Clauses in International Contracts - still in the concise, attractive format that made the original so popular - lawyers and business people will confidently negotiate contracts that ensure a speedy, clear-cut resolution of any dispute likely to arise. Taking into account the many significant developments in the law and practice of international arbitration that have occurred over the years since the previous editions, it offers: ; clear, uncomplicated contract-drafting advice, derived from the authors' wide-ranging practical experience; model clauses that ensure the effectiveness of dispute resolution provisions - and avoid pitfalls, and important reference materials.
Book Synopsis The Freshfields Guide to Arbitration Clauses in International Contracts by : Jan Paulsson
Download or read book The Freshfields Guide to Arbitration Clauses in International Contracts written by Jan Paulsson and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: With this newly updated edition of the Freshfields Guide to Arbitration Clauses in International Contracts - still in the concise, attractive format that made the original so popular - lawyers and business people will confidently negotiate contracts that ensure a speedy, clear-cut resolution of any dispute likely to arise. Taking into account the many significant developments in the law and practice of international arbitration that have occurred over the years since the previous editions, it offers: ; clear, uncomplicated contract-drafting advice, derived from the authors' wide-ranging practical experience; model clauses that ensure the effectiveness of dispute resolution provisions - and avoid pitfalls, and important reference materials.
Essay from the year 2018 in the subject Law - Miscellaneous, grade: A, Lyon Catholic University, course: International Contract Law, language: English, abstract: The paper discusses the Definition and Purpose of the Arbitration Clause, Two Types of Contracts where the Arbitration Clause is typically found, Legal Basis & Regime, Differences in the use and interpretation of the Contract Clause between common law and civil law jurisdictions. You may use your home jurisdictions as illustrative, and Proper drafting of the Contract Clause and advice to avoid the pitfalls of relying on a "boilerplate" clause.
Book Synopsis Standard Clauses in International Contracts. the Arbitration Clause by : Joy Mutimba
Download or read book Standard Clauses in International Contracts. the Arbitration Clause written by Joy Mutimba and published by . This book was released on 2018-04-26 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essay from the year 2018 in the subject Law - Miscellaneous, grade: A, Lyon Catholic University, course: International Contract Law, language: English, abstract: The paper discusses the Definition and Purpose of the Arbitration Clause, Two Types of Contracts where the Arbitration Clause is typically found, Legal Basis & Regime, Differences in the use and interpretation of the Contract Clause between common law and civil law jurisdictions. You may use your home jurisdictions as illustrative, and Proper drafting of the Contract Clause and advice to avoid the pitfalls of relying on a "boilerplate" clause.
The contributions in this book cover a wide range of topics within modern disputeresolution, which can be summarised as follows: harmonisation, enforcement andalternative dispute resolution. In particular, it looks into the impact of harmonisedEU law on national rules of civil procedure and addresses the lack of harmonisationin the US regarding the recognition and enforcement of foreign judgments. Furthermore,the law on enforcement is examined, not only by focusing on US law, but also onhow to attach assets in order to enforce a judgment. Finally, it addresses certain typesof alternative dispute resolution. In addition, the book looks into the systems andcultures of dispute resolution in several regions of the world, such as the EU, the US andChina, that have a high impact on globalisation. Hence, the book is diverse in the senseof dealing with multiple issues in the field of modern dispute resolution./div The book offers explorations of the impact of international rules and EU law on domesticcivil procedure, through case studies from, among others, the US, China, Belgium andthe Netherlands. The relevance of EU law for the national debate and its impact on theregulation of civil procedure is also considered. Furthermore, several contributions discussthe necessity and possibility of harmonisation in the emergency arbitrator mechanisms inthe EU. The harmonisation of private international law rules within the EU, particularlythose of a procedural nature, is juxtaposed to the lack thereof in the US. Also, the bookoffers an overview of the current dispute settlement mechanisms in China. The publication is primarily meant for legal academics in private international law andcivil procedure. It will also prove useful to practitioners regularly engaged in cross-borderdispute resolution and will be of added value to advanced students, as well as to those withan interest in international litigation and more generally in the area of dispute resolution. Vesna Lazić is Senior Researcher at the T.M.C. Asser Institute, Associate Professor ofPrivate Law at Utrecht University and Professor of European Civil Procedure at theUniversity of Rijeka. Steven Stuij is an expert in Private International Law and a PhD Candidate/GuestResearcher at the Erasmus School of Law, Rotterdam. Ton Jongbloed is Guest Editor on this volume./div
Book Synopsis International Dispute Resolution by : Vesna Lazić
Download or read book International Dispute Resolution written by Vesna Lazić and published by Springer. This book was released on 2018-07-26 with total page 127 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contributions in this book cover a wide range of topics within modern disputeresolution, which can be summarised as follows: harmonisation, enforcement andalternative dispute resolution. In particular, it looks into the impact of harmonisedEU law on national rules of civil procedure and addresses the lack of harmonisationin the US regarding the recognition and enforcement of foreign judgments. Furthermore,the law on enforcement is examined, not only by focusing on US law, but also onhow to attach assets in order to enforce a judgment. Finally, it addresses certain typesof alternative dispute resolution. In addition, the book looks into the systems andcultures of dispute resolution in several regions of the world, such as the EU, the US andChina, that have a high impact on globalisation. Hence, the book is diverse in the senseof dealing with multiple issues in the field of modern dispute resolution./div The book offers explorations of the impact of international rules and EU law on domesticcivil procedure, through case studies from, among others, the US, China, Belgium andthe Netherlands. The relevance of EU law for the national debate and its impact on theregulation of civil procedure is also considered. Furthermore, several contributions discussthe necessity and possibility of harmonisation in the emergency arbitrator mechanisms inthe EU. The harmonisation of private international law rules within the EU, particularlythose of a procedural nature, is juxtaposed to the lack thereof in the US. Also, the bookoffers an overview of the current dispute settlement mechanisms in China. The publication is primarily meant for legal academics in private international law andcivil procedure. It will also prove useful to practitioners regularly engaged in cross-borderdispute resolution and will be of added value to advanced students, as well as to those withan interest in international litigation and more generally in the area of dispute resolution. Vesna Lazić is Senior Researcher at the T.M.C. Asser Institute, Associate Professor ofPrivate Law at Utrecht University and Professor of European Civil Procedure at theUniversity of Rijeka. Steven Stuij is an expert in Private International Law and a PhD Candidate/GuestResearcher at the Erasmus School of Law, Rotterdam. Ton Jongbloed is Guest Editor on this volume./div
"This book, by a leading international arbitration practitioner, offers suggested language for every option that a drafter of an international arbitration clause may need. Following a succinct assessment of the choice between arbitration and litigation and commentary on the choices among arbitration fora and formats, the author presents an accessible how-to for drafting. While other works offer theory and a smattering of drafting tips, there is no other comprehensive collection of workable language, presented accessibly with easy-to-reference appendices. This book will be a standard reference for both in-house counsel and outside practitioners. This book provides, in an accessible format, clauses that address all the significant issues that contracting parties face, and in any event should consider, when they decide to draft a dispute resolution clause for an international contract. Those who wish immediate access to suggested language may turn directly to the Appendices. Those who wish to understand the analysis that leads to the suggested language should read the text."--Publisher's website.
Book Synopsis Arbitration Clauses for International Contracts - 2nd Edition by : Paul D. Friedland
Download or read book Arbitration Clauses for International Contracts - 2nd Edition written by Paul D. Friedland and published by Juris Publishing, Inc.. This book was released on 2007-07-01 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book, by a leading international arbitration practitioner, offers suggested language for every option that a drafter of an international arbitration clause may need. Following a succinct assessment of the choice between arbitration and litigation and commentary on the choices among arbitration fora and formats, the author presents an accessible how-to for drafting. While other works offer theory and a smattering of drafting tips, there is no other comprehensive collection of workable language, presented accessibly with easy-to-reference appendices. This book will be a standard reference for both in-house counsel and outside practitioners. This book provides, in an accessible format, clauses that address all the significant issues that contracting parties face, and in any event should consider, when they decide to draft a dispute resolution clause for an international contract. Those who wish immediate access to suggested language may turn directly to the Appendices. Those who wish to understand the analysis that leads to the suggested language should read the text."--Publisher's website.
Book Synopsis Dispute Resolution Clauses in International Contracts by : Association internationale des jeunes avocats. Congrès (50 : 2012 : Barcelona)
Download or read book Dispute Resolution Clauses in International Contracts written by Association internationale des jeunes avocats. Congrès (50 : 2012 : Barcelona) and published by . This book was released on 2013 with total page 574 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Dispute Resolution Clauses written by and published by . This book was released on 1994 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Drafting International Contracts is an essential resource for anyone working in international business. It features the latest trends, fostering an understanding of how international contracts are drafted in practice.
Book Synopsis Drafting International Contracts by : Marcel Fontaine
Download or read book Drafting International Contracts written by Marcel Fontaine and published by BRILL. This book was released on 2006-04-03 with total page 665 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drafting International Contracts is an essential resource for anyone working in international business. It features the latest trends, fostering an understanding of how international contracts are drafted in practice.
Book Synopsis Drafting Dispute Resolution Clauses by : Kathleen M. Scanlon
Download or read book Drafting Dispute Resolution Clauses written by Kathleen M. Scanlon and published by . This book was released on 2006 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Provides a comprehensive global survey on multi-tier dispute resolution, examining its trends, its strengths and weaknesses, and the way forward.
Book Synopsis Multi-Tier Approaches to the Resolution of International Disputes by : Anselmo Reyes
Download or read book Multi-Tier Approaches to the Resolution of International Disputes written by Anselmo Reyes and published by Cambridge University Press. This book was released on 2021-12-16 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides a comprehensive global survey on multi-tier dispute resolution, examining its trends, its strengths and weaknesses, and the way forward.
International transactions present unique legal risks. When a contract touches several different nations, a party may not know where it will be called upon to defend a lawsuit or, alternatively, which nation's law will be applied to resolve that dispute. To mitigate these risks, parties will often write dispute resolution provisions into their contracts. Arbitration clauses and forum selection clauses help to reduce uncertainty relating to forum. Choice-of-law clauses help to reduce uncertainty as to governing law. Over the past few decades, such provisions have become commonplace in international contracting. And yet there exist vanishingly few empirical studies exploring the use of these provisions in international commercial agreements.This Article aspires to help fill this gap. Drawing upon a hand-collected dataset of 157 international supply agreements, it describes the ways in which large corporations seek to mitigate their risk in international transactions via dispute resolution clauses. The Article first provides a thick descriptive account of choice-of-law clauses in these agreements to illustrate the myriad ways these clauses do (and do not) mitigate legal risk. It then undertakes the same project with respect to arbitration clauses and forum selection clauses, paying careful attention to the ways in which actual practice deviates from the model forms promulgated by arbitration groups, to show how these clauses mitigate forum risk.While the primary object of the Article is descriptive rather than normative -- it seeks to describe the contents of agreements that have heretofore been largely ignored by legal scholars -- it also discusses the normative implications of its descriptive account for three groups. First, legal scholars may draw upon this account to better understand how contract boilerplate evolves and changes over time. Second, judges called upon to interpret a contract may utilize this account to determine whether a phrase is typically included in clauses of a given type. Third, and finally, contract drafters may glean useful insights into how to craft dispute resolution provisions that maximize the reduction in uncertainty in international contracting.
Book Synopsis An Empirical Study of Dispute Resolution Clauses in International Supply Contracts by : John F. Coyle
Download or read book An Empirical Study of Dispute Resolution Clauses in International Supply Contracts written by John F. Coyle and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: International transactions present unique legal risks. When a contract touches several different nations, a party may not know where it will be called upon to defend a lawsuit or, alternatively, which nation's law will be applied to resolve that dispute. To mitigate these risks, parties will often write dispute resolution provisions into their contracts. Arbitration clauses and forum selection clauses help to reduce uncertainty relating to forum. Choice-of-law clauses help to reduce uncertainty as to governing law. Over the past few decades, such provisions have become commonplace in international contracting. And yet there exist vanishingly few empirical studies exploring the use of these provisions in international commercial agreements.This Article aspires to help fill this gap. Drawing upon a hand-collected dataset of 157 international supply agreements, it describes the ways in which large corporations seek to mitigate their risk in international transactions via dispute resolution clauses. The Article first provides a thick descriptive account of choice-of-law clauses in these agreements to illustrate the myriad ways these clauses do (and do not) mitigate legal risk. It then undertakes the same project with respect to arbitration clauses and forum selection clauses, paying careful attention to the ways in which actual practice deviates from the model forms promulgated by arbitration groups, to show how these clauses mitigate forum risk.While the primary object of the Article is descriptive rather than normative -- it seeks to describe the contents of agreements that have heretofore been largely ignored by legal scholars -- it also discusses the normative implications of its descriptive account for three groups. First, legal scholars may draw upon this account to better understand how contract boilerplate evolves and changes over time. Second, judges called upon to interpret a contract may utilize this account to determine whether a phrase is typically included in clauses of a given type. Third, and finally, contract drafters may glean useful insights into how to craft dispute resolution provisions that maximize the reduction in uncertainty in international contracting.
