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Arbitration Clauses and Third Parties (Lloyd's Arbitration Law Library)
by Asli ArdaThis 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
by Eleni MagklasiArbitration 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)
by Shicun Wu Keyuan ZouOn 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 Law And Practice (American Casebook)
by Thomas Carbonneau Henry BlairThe 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
by Roger Hopkins Benjamin HornThe 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
by Edward Brunet Richard E. Speidel Jean R. Sternlight Stephen J. WareArbitration 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
by D.A. StephensonConsiders 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.
Arbitration and Contract Law: Common Law Perspectives (Ius Gentium: Comparative Perspectives on Law and Justice #54)
by Neil AndrewsThisbook 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)
by Philip Evans Gabriël A. MoensThis 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
by Toms KrūmiņšThis 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
by Ben BeaumontArbitration 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
by Peter B. RutledgeArbitration 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 in China: Rules & Perspectives (China Law, Tax & Accounting)
by Giovanni Pisacane Lea Murphy Calvin ZhangThe 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
by Maud Piers Christian AschauerArbitration 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: Theory, Practice and Law
by Jay Folberg Dwight Golann Thomas J. Stipanowich Lisa A. KloppenbergThis custom title contains selections from: <p><p> Resolving Disputes: Theory, Practice, and Law, Third Edition (9781454838746); Jay Folberg, Dwight Golann, Thomas J. Stipanowich, Lisa A. Kloppenberg
Arbor Day Square
by Cyd Moore Kathryn Osebold GalbraithA 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.
Arboreal Symbolism in European Art, 1300–1800 (Routledge Research in Art and Religion)
by Katherine T. BrownArboreal 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 Park: A Novel
by Kate Tyler WallStacy 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.
Arboria: The Land Between the Trees
by Anthony StefanoSomething 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...
Arborite
by Anita M. McgahanDescribes 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.
Arboviruses: Epidemiology and Ecology (Routledge Revivals #3)
by Thomas P. MonathFirst 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.
Arbuscular Mycorrhizal Fungi and Higher Plants: Fundamentals and Applications
by Golam Jalal Ahammed Roghieh HajibolandThis book covers the fundamentals of arbuscular mycorrhizal fungi (AMF) and higher plant symbiosis with potential implications in crop production. It provides new insights into our understanding of the mechanisms of AMF-mediated plant growth regulation and stress tolerance covering the most recent biochemical, physiological, molecular, environmental, and ecological studies. Focusing on AMF-induced physiological and molecular mechanisms of enhanced tolerance to stress, environmental stress is discussed in several dedicated chapters. The book provides not only updated information with new insights and perspectives but also several new topics, such as a comprehensive discussion on biotic stressors, AMF interaction with other microorganisms, non-host plant species, plant secondary metabolism, signaling events in plant-AMF symbiosis, AMF-mediated nutrient acquisition and subsequent stress tolerance. The book also discusses the potential implications of AMF for sustainable crop production in the context of climate change. The book can be a useful reference book for academics and scientists involved in related research, such as academics in agronomy and plant sciences, scientists involved in beneficial fungi research, chemists, industrialists, and employees involved in the production and marketing of biofertilizers, master and doctoral degree students of agronomy, horticulture, and plant protection, consultants working on the production of crops in marginal environments as well as environmental scientists working for assisted phytoremediation programs. It would also be suitable for agronomy, ecology, and plant science-related courses, such as plant stress physiology, plant growth-promoting microbes, and plant pathology to teach undergraduate, graduate, and postgraduate students at colleges and universities.
Arbuscular Mycorrhizal Fungi in Sustainable Agriculture: Inoculum Production and Application
by Amitava Rakshit Manoj Parihar Alok Adholeya Yinglong ChenThis 2-volume book is an up-to-date overview of current progress in Arbuscular Mycorrhizal Fungal (AMF) technique development, inoculum production and its quality regulations, application in agriculture, horticulture, agroforestry, and other ecosystems, along with nutrient management for sustainable food production. It contains the current advancement in basic and molecular techniques, challenges, opportunities, and determinates of various AMF production methods and major tools and techniques for their field application. Production and development of AMF is rapidly evolving and requires a multidisciplinary approach with up-to-date knowledge to broaden and strengthen the perspective of researchers involved in this domain. The volumes offer new insight and cutting-edge information for novices and experts such as students, academicians, researchers, environmentalists, industrialists, and others interested in mycorrhiza. The first volume covers some basic isolation techniques, enumeration,and molecular studies with recent advances in various in-vitro and in-vivo production technologies, regulatory issues, and application methodologies for field inoculation. It also discusses AMF application in various agroecosystems for sustainable agricultural production and a healthier planet.
Arbuscular Mycorrhizal Fungi in Sustainable Agriculture: Nutrient and Crop Management
by Amitava Rakshit Manoj Parihar Alok Adholeya Yinglong ChenThis 2 volume book is an up-to-date overview of current progress in Arbuscular Mycorrhizal Fungal (AMF) technique development, inoculum production and its quality regulations, application in agriculture, horticulture, agroforestry and other ecosystems along with nutrient management for sustainable food production. It offers new insight and cutting-edge information for novices and experts such as students, academicians, researchers, environmentalists, industrialists, and other individuals interested in the field of mycorrhiza.AMF provides favorable rhizospheric environment to the plant with numerous direct and indirect mechanisms, in exchange of soil nutrients and photosynthetically fixed carbon. Other than the species composition and diversity determination of natural ecosystem, AMF play a vital role in maintaining the soil quality, agricultural sustainability and environmental integrity. The second volume provide comprehensive knowledge on AMF role in nutrient cycling, nutrient exchange and their acquisition under normal and stress condition.
Arbuscular Mycorrhizal Fungi: For Nutrient, Abiotic and Biotic Stress Management in Rice
by Periyasamy PanneerselvamArbuscular mycorrhizal fungi (AMF) are considered enormously important in contemporary agriculture and horticulture due to their important role in nutrient, biotic and abiotic stress management apart from enhancing plant health and soil fertility. AMF is one of the important fungi for soil aggregation, which helps in drought management. Hence this book brings out an exclusive text on AMF for sustainable rice production. It provides comprehensive up-to-date knowledge on AMF in rice cultivation, and for sustainable rice production in different ecologies without damaging the environment. Salient Features: 1. Covers all the aspects of AMF in rice cultivation from diversity to applications 2. Documents AMF diversity based on metagenomic approach in rice ecosystems 3. Explains the importance of AMF in soil aggregation, which helps in drought management 4. Provides new unraveling knowledge about AMF for sustainable rice production in different ecologies without damaging the environment 5. Discusses the AMF role in induction of resistance in rice plants against some pests.