Arbitration in Romania


Book Description

Arbitration in Romania: A Practitioner’s Guide provides international users with information on Romanian arbitration law and practice. Two very practical considerations have generated such need. On the one hand, there is a sizeable part of the international arbitration community confronted with arbitration cases connected to Romania (for example, as far as investment arbitration is concerned, Romania has so far faced twelve cases, each of them raising very interesting legal issues). On the other hand, there is a certain discrepancy between the current international perception on the status of arbitration in Romania and the actual situation, which relegates the country to a rather obscure position. This book aims to widen international practitioners’ knowledge on Romanian arbitration law and practice thereby providing an opportunity to gain insights into key concepts, such as investment and arbitral proceedings, arbitral institutions, recognition and enforcement, arbitral awards, mediation, disputes, choice of law, etc. The detailed presentation of the current legal framework by the Romanian practitioners offers perspectives on aspects of arbitration in Romania and also provides important information on the development and current status of arbitration in Romania.




Arbritation in Romania


Book Description

Arbitration in Romania: A practitioner?s guide' provides international users with information on Romanian arbitration law and practice. Two very practical considerations have generated such need. On the one hand, there is a sizeable part of the international arbitration community confronted with arbitration cases connected to Romania (for example, as far as investment arbitration is concerned, Romania has so far faced twelve cases, each of them raising very interesting legal issues). On the other hand, there is a certain discrepancy between the current international perception on the status of arbitration in Romania and the actual situation, which relegates the country to a rather obscure position. 0This book aims to widen international practitioners? knowledge on Romanian arbitration law and practice thereby providing an opportunity to gain insights into key concepts, such as investment and arbitral proceedings, arbitral institutions, recognition and enforcement, arbitral awards, mediation, disputes, choice of law, etc. The detailed presentation of the current legal framework by the Romanian practitioners offers perspectives on aspects of arbitration in Romania and also provides important information on the development and current status of arbitration in Romania.







Rules of International Arbitration


Book Description




Rules of Optional Mediation


Book Description




International Arbitration and International Commercial Law


Book Description

Over the last half-century, as UNCITRAL official, professor, arbitrator and father of the Willem C. Vis Arbitration Moot, Eric Bergsten has been at the forefront of progress in international commercial arbitration. Now, on the occasion of his eightieth birthday, the international arbitration and sales law community has gathered to honour him with this substantial collection of new essays on the many facets of the field to which he continues to bring his intellect, integrity, inquisitive nature, eye for detail, precision, and commitment to public service. Celebrating the long-standing and sustained contribution Eric Bergsten has made in international commercial law, international arbitration, and legal education, more than fifty colleagues - among them quite a few of the best-known arbitrators and arbitration academics in the world - present 45 pieces that, individually both engaging and incisive, collectively present a thorough and far-reaching account of the state of the field today, with contributions covering international sales law, commercial law, commercial arbitration, and investment arbitration. In addition, nine essays on issues in legal education mirror the great importance of the renowned Willem C. Vis International Commercial Arbitration Moot, Eric's Vienna project which has offered a life-changing experience for so many young lawyers from all over the world.




The European Convention on International Commercial Arbitration


Book Description

Originally drafted during the Cold War era to facilitate trade between Western and Eastern European countries, the European Convention on International Commercial Arbitration (ECICA) has come to the fore in recent years as commercial relationships proliferate between Western Europe and such resource-rich countries as Russia, Ukraine, and Kazakhstan. This commentary is the first comprehensive overview in English of the Convention's provisions, annexes, subsequent agreements, and relevant case law and scholarship. Following three introductory chapters—on subjective arbitrability, applicable law, and ordre public in enforcement procedures—the book provides detailed commentary and analysis of each of the Convention's articles in turn. Detailed answers will be found to such questions as the following: • Which law is applicable to the substance of a dispute within the Convention's scope of application? • Can a defective arbitration clause be “saved” and, if so, how? • In which circumstances can awards be enforced which have been set aside in the state of origin? • In which circumstances may courts decide in a matter governed by an arbitration agreement? In contrast to the other major international commercial arbitration body of rules—the New York Convention—the ECICA goes beyond enforcement and recognition of awards and codifies standards of conduct and procedure. These innovative provisions are discussed in depth. Arbitration disputes are increasing across the vast geographical region in which the ECICA is applicable, and practitioners acting in such disputes will welcome this thorough commentary on the functionality, advantages, and disadvantages of each of the Convention's provisions. They will approach national courts and arbitral tribunals with full knowledge of the rules of procedure and benefit from analysis of court decisions. Global firms, particularly in the oil and gas industry, will also appreciate the book's masterful explication of this powerful instrument in international commercial arbitration.




Czech and Central European Yearbook of Arbitration 2011: The Relationship between Constitutional Values, Human Rights and Arbitration


Book Description

The topic for the inaugural edition of the Czech (& Central European) Yearbook of Arbitration (CYArb) is a highly interdisciplinary investigation into the relationship between human rights and arbitration. While providing a broad comparative approach of national tribunals from the perspective of different legal traditions, this topic has many significant practical aspects, such as service of process in arbitration proceedings. The CYArb also features articles by leading authorities from not only the Czech Republic but also Central and Eastern Europe, Switzerland and Russia on different topics in international arbitration; The Yearbook includes commentary and analysis of selected important case law - where international arbitration and the courts meet - from Bulgaria, the Czech Republic, Hungary, Poland and Russia. To ensure the integrity and quality of the CYArb, it boasts an Advisory Board featuring leading arbitration figures of the region, including: Anton Baier, Vienna, Austria Silvy Chernev, Sofia, Bulgaria Sir Anthony Colman, London, UK Bohuslav Klein, Prague, Czech Republic Pierre Lalive, Geneva, Switzerland Piotr Nowaczyk, Warsaw, Poland Ivan Szász, Budapest, Hungary Stanislaw Soltysiński, Warsaw, Poland Jozef Suchoža, Košice, Slovak Republic Vladimír Týč, Brno, Czech Republic A vital component of the CYArb is the unprecedented cooperation from the leading academic and arbitral institutions in the field: In the Czech Republic, this endeavor has the cooperation of the following institutions: – Faculty of Law, Charles University, Prague, – Faculty of Law, Masaryk University, Brno, – Faculty of Law, University of West Bohemia, Pilsen, – Faculty of Law, Palacký University, Olomouc, – Institute of State and Law, Academy of Sciences of the Czech Republic In the Slovak Republic: – Institute of State and Law, Slovak Academy of Sciences, A large degree of collaboration was provided by the permanent arbitration courts and other institutions in the region: · International Arbitral Centre of the Austrian Federal Economic Chamber (VIAC) · Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania · Arbitration Court attached to the Hungarian Chamber of Commerce and Industry · Arbitration Court attached to the Economic Chamber of the Czech Republic and Agricultural Chamber of the Czech Republic · Arbitration Court attached to the Czech-Moravian Commodity Exchange · ICC National Committee Czech Republic · The Court of Arbitration at the Polish Chamber of Commerce The degree of collaboration and cooperation from leading individuals, academic and arbitral institutions, allows the CYArb to fulfill its goal of being the leading Yearbook on arbitration developments and case law for the region.







International Arbitration Review


Book Description

The International Arbitration Review, edited by James H Carter of Wilmer Cutler Pickering Hale and Dorr, provides an analytical review of what has occurred in each of the important arbitration jurisdictions during the past year, capturing recent developments and putting them in the context of the jurisdiction's legal arbitration structure and selecting the most important matters for comment. In this book, leading practitioners seek to provide current information on both general international commercial arbitration and international investment arbitration, treating important investor-state dispute developments in each jurisdiction as a separate but closely related topic. There are in-depth examinations of arbitration in 41 jurisdictions as well as editorial chapters on The Impact of Corporate Taxation on Economic Losses, and overviews on ASEAN and Africa. Contributors include: Bart Legum, Michelle Bradfield and Jean-Christophe Honlet, Dentons; James Nicholson, FTI Consulting."e;This new and timely publication promises to tackle pressing and present day global concerns and to make valuable contributions to the ongoing dialogue on international arbitration"e; - Peter Tomka, President, International Court of Justice, The Hague"e;Comprehensive and topical, an excellent reference."e; - Professor Christine Mallin, University of Birmingham Business School"e;The most discursive and engaging survey of the world of arbitration today."e; - Jamie Maples, Weil Gotshal & Manges LLP