Emergency Arbitration
Series: Oxford International Arbitration Series;
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Product details:
- Edition number 1
- Publisher OUP Oxford
- Date of Publication 2 July 2021
- ISBN 9780198831051
- Binding Hardback
- No. of pages496 pages
- Size 252x175x30 mm
- Weight 996 g
- Language English 140
Categories
Short description:
This is the first work to provide clear guidance on the increasingly utilized procedure of emergency arbitration. Setting out the procedural frameworks common to the leading emergency arbitration rules and establishing fifteen common principles, it provides greater control and certainty in bringing and defending applications for emergency measures.
MoreLong description:
Emergency Arbitration is the first work of its kind to provide clear and authoritative guidance on the practice and theory of this increasingly utilized procedure. By examining the leading emergency arbitration rules, the book identifies a common procedural framework for the commencement, conduct, and decision-making process in an emergency arbitration. This framework is developed through the articulation of 'The Fifteen Principles of Emergency Arbitration'. These are aimed at giving parties greater control and certainty in bringing and defending applications for emergency measures.
The book combines a practical approach, including the use of flowcharts and tables, with in-depth analysis of important issues arising in emergency arbitration. These include the status of the emergency arbitrator; the relationship between the emergency arbitrator, the arbitral tribunal, and courts; the role of the seat of emergency arbitration; applicable laws and transnational standards; due process requirements; the enforceability of decisions; and use of the procedure in investment treaty arbitration. Emergency Arbitration is thus a vital companion to those contemplating, or facing, an emergency arbitration.
This monograph contains a wealth of research and provides a balanced, systematic and comprehensive analysis of all major (theoretical and practical) issues associated with emergency arbitration. It is insightful, rich in resources and analysis, and very relevant to arbitral practice ...
Table of Contents:
Part I: Overview of Emergency Arbitration
The Principles of Emergency Arbitration
The Foundations of Emergency Arbitration
Part II: The Beginning of an Emergency Arbitration
The Commencement of Emergency Arbitration
The Emergency Arbitrator
Part III: Emergency Arbitration Procedure
The Conduct of an Emergency Arbitration
The Seat of Emergency Arbitration
Part IV: Applicable Standards and Forms of Emergency Measures
The Applicable Standards in Emergency Arbitration
The Form of Relief in Emergency Arbitration
Part V: The End of an Emergency Arbitration
The Decision of the Emergency Arbitrator
The Enforcement of the Emergency Arbitrator's Decision
Part VI: Emergency Arbitration in Investment Treaty Arbitration
Emergency Arbitration in Investment Treaty Arbitration
Part VII: The Future of Emergency Arbitration
The Future of Emergency Arbitration
