NLU Meghalaya Library

Online Public Access Catalogue (OPAC)

Amazon cover image
Image from Amazon.com

Dalhuisen on transnational and comparative commercial, financial and trade law.Volume 2. International arbitration : the transnationalisation of dispute resolution / J. H. Dalhuisen.

By: Material type: TextPublisher: London [England] : Hart Publishing, 2022Distributor: [London, England] : Bloomsbury Publishing, 2022Edition: Eighth editionDescription: 1 online resource (384 pages)Content type:
  • text
Media type:
  • computer
Carrier type:
  • online resource
ISBN:
  • 9781509949267
  • 9781509949243
Other title:
  • International arbitration : the transnationalisation of dispute resolution
Subject(s): Genre/Form: Additional physical formats: Print version:: No titleDDC classification:
  • 346.07 23
LOC classification:
  • K1005 .D363 2022eb
Online resources:
Contents:
1. International Commercial Arbitration 1.1 Introduction 1.2 The Process of Legal Transnationalisation. The Operation of the Modern Lex Mercatoria . Transnational and Domestic Public Policy Considerations in International Arbitrations 1.3 International Arbitration: Initial Steps and Complications 1.4 The Conduct of the Proceedings and the Award 1.5 The Role of National Courts 1.6 The New York Convention. International Recognition and Enforcement of the Awards -- 2. International Financial Arbitration 2.1 Introduction 2.2 Building Blocks of Private Law in International Finance. The Applicable Law and its Transnationalisation 2.3 Public Policy Concerning Financial Instruments. Remedies 2.4 Complications in International Financial Arbitrations 2.5 The Emergence of P.R.I.M.E. -- 3. Foreign Investment Arbitration 3.1 Introduction 3.2 The Basic Foreign Investment Protections. Direct Investors' Claims and the Role of Investment Arbitration 3.3 The Applicable Law in Foreign Investments 3.4 Proprietary and Non-proprietary Takings 3.5 Dispute Resolution and The Transatlantic Trade and Investment Partnership (TTIP). The EU 2014 Questionnaire, Subsequent Action, and the EU/Canada Treaty -- 4. The Reasoning of International Arbitrators 4.1 Introduction 4.2 A Proper Perspective 4.3 Conclusions
Summary: "... remains a must read for practitioners and academics interested in more than the substantive law of trans-border commercial activity." ( King's Law Journal ) Volume 2 of this new edition covers the transnationalisation of dispute resolution, especially arbitration, and contains a critical analysis of the main challenges to its success, continuing credibility, and effectiveness. The volume distinguishes between commercial, financial, and foreign investment arbitration and concentrates on the status, role, and reasoning of international arbitrators, their limited powers especially in matters of public policy and in property matters, the threat of judicialisation, and the need to connect with mediation and a settlement ethos. The complete set in this magisterial work is made up of 6 volumes. Used independently, each volume allows the reader to delve into a particular topic. Alternatively, all volumes can be read together for a comprehensive overview of transnational comparative commercial, financial and trade law."-- Provided by publisher.
Tags from this library: No tags from this library for this title. Log in to add tags.
Star ratings
    Average rating: 0.0 (0 votes)
No physical items for this record

1. International Commercial Arbitration 1.1 Introduction 1.2 The Process of Legal Transnationalisation. The Operation of the Modern Lex Mercatoria . Transnational and Domestic Public Policy Considerations in International Arbitrations 1.3 International Arbitration: Initial Steps and Complications 1.4 The Conduct of the Proceedings and the Award 1.5 The Role of National Courts 1.6 The New York Convention. International Recognition and Enforcement of the Awards -- 2. International Financial Arbitration 2.1 Introduction 2.2 Building Blocks of Private Law in International Finance. The Applicable Law and its Transnationalisation 2.3 Public Policy Concerning Financial Instruments. Remedies 2.4 Complications in International Financial Arbitrations 2.5 The Emergence of P.R.I.M.E. -- 3. Foreign Investment Arbitration 3.1 Introduction 3.2 The Basic Foreign Investment Protections. Direct Investors' Claims and the Role of Investment Arbitration 3.3 The Applicable Law in Foreign Investments 3.4 Proprietary and Non-proprietary Takings 3.5 Dispute Resolution and The Transatlantic Trade and Investment Partnership (TTIP). The EU 2014 Questionnaire, Subsequent Action, and the EU/Canada Treaty -- 4. The Reasoning of International Arbitrators 4.1 Introduction 4.2 A Proper Perspective 4.3 Conclusions

Abstract freely available; full-text restricted to individual document purchasers.

"... remains a must read for practitioners and academics interested in more than the substantive law of trans-border commercial activity." ( King's Law Journal ) Volume 2 of this new edition covers the transnationalisation of dispute resolution, especially arbitration, and contains a critical analysis of the main challenges to its success, continuing credibility, and effectiveness. The volume distinguishes between commercial, financial, and foreign investment arbitration and concentrates on the status, role, and reasoning of international arbitrators, their limited powers especially in matters of public policy and in property matters, the threat of judicialisation, and the need to connect with mediation and a settlement ethos. The complete set in this magisterial work is made up of 6 volumes. Used independently, each volume allows the reader to delve into a particular topic. Alternatively, all volumes can be read together for a comprehensive overview of transnational comparative commercial, financial and trade law."-- Provided by publisher.

Compliant with Level AA of the Web Content Accessibility Guidelines. Content is displayed as HTML full text which can easily be resized or read with assistive technology, with mark-up that allows screen readers and keyboard-only users to navigate easily.

Mode of access: World Wide Web.

There are no comments on this title.

to post a comment.