| Description |
1 online resource (294 pages) |
| Series |
Ius Gentium ; v. 79 |
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Ius gentium (Dordrecht, Netherlands) ; v. 79.
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| Contents |
Intro -- Contents -- Editors and Contributors -- Recent Developments in the International Commercial Courts -- Commercial Courts in Germany -- 1 The Concept of Commercial Courts -- 1.1 Definition and Basic Features -- 1.2 The English Commercial Court as a Prototype -- 1.3 New York's Commercial Division -- 2 Commercial Courts in Germany: The Status Quo -- 3 The Decline of Commercial Litigation in Germany -- 4 The Role of Arbitration -- 5 Introduction of English as a Court Language -- 6 Reform Proposal: A German Commercial Court -- 6.1 The Interests of the Parties -- 6.2 Excellent Judges |
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6.3 Workload -- 6.4 Facilities and Resources -- 6.5 Procedure -- 6.6 English as the Court Language -- 6.7 Exclusion of the Public -- 6.8 The Appeals Process -- 6.9 Institutional Anchor -- 6.10 Competence and Choice of Court Agreements -- 6.11 Financing -- References -- Recognition and Enforcement of International Commercial Court Judgments -- 1 Introduction -- 2 General Methods for the Recognition and Enforcement of Foreign Judgments -- 2.1 Bilateral Agreements -- 2.2 Multilateral Conventions -- 2.3 Memoranda of Guidance -- 2.4 Domestic Law -- 3 Common Law Jurisdiction Approach |
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3.1 Statutory Registration Regime -- 3.2 Common Law Regime -- 3.3 Final and Conclusive Nature of the Foreign Judgment -- 3.4 The International Jurisdiction of the Foreign Court to Hear the Matter -- 3.5 Defences to Recognition and Enforcement -- 4 Civil Law Jurisdiction Approach -- 5 Features of Jurisdictions with International Commercial Courts -- 5.1 London -- 5.2 Paris -- 5.3 Netherlands -- 5.4 DIFC -- 5.5 AIFC -- 5.6 Singapore -- 5.7 China -- 6 Conclusion -- References -- The New Chinese International Commercial Court and the Future of Dispute Resolution in the Belt and Road Initiative |
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1 Introduction -- 2 The BRI-Background and Structure -- 2.1 The Land Based Silk Road Economic Belt -- 2.2 The 21st Century Maritime Silk Road -- 2.3 Finance -- 2.4 The BRI-Aims -- 3 The Establishment of the CICC -- 3.1 Status and Jurisdiction -- 3.2 Judiciary and Expert Committee -- 3.3 Enforceability of CICC Judgments -- 3.4 Promotion of Arbitration and Mediation -- 3.5 Investment Disputes -- 4 Conclusions -- References -- The Netherlands Commercial Court (NCC): Its Challenges and Perspectives -- 1 Introduction -- 2 Background and Central Ideas -- 3 Key Features -- 3.1 Some General Observations |
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3.2 Four Conditions -- 3.3 Other Striking Characteristics of the NCC and Its Proceedings -- 4 The NCC's Challenges ... -- 5 ... and Its Perspectives, Followed by Some Concluding Reflections -- References -- Further Developments in International Commercial Arbitration -- The Efficient Conduct of the Arbitration Proceedings and the 'New' Role of Arbitrators: A Challenging Journey Through Promises and Expectations -- 1 Introduction -- 2 The Arbitrators' 'New' Role in the International Arbitration Rules -- 3 IBA Rules v Prague Rules or Adversarial v Inquisitorial Approach to Litigation |
| Summary |
This book brings together articles from leading experts in the field of international dispute resolution. The main focus is on the situation in Asia, though the European perspective also plays an important part. Accordingly, the focus on the Asian dispute resolution market with a distinctly American and European "touch" is one of the books most unique features. The dispute resolution market is rapidly transforming, and dispute resolution law is changing with it -especially in Asia. This book highlights recent advances and outlines future trends in this area. Emphasis is especially placed on International Commercial Arbitration Law on the one hand; and on International Investment Arbitration Law on the other. Two dedicated sections address these two topics, while another is dedicated to a quite new phenomenon in the field of international dispute resolution, the emergence of International Commercial Courts not only in Asia, but also in other regions of the world (e.g. in the Netherlands). This raises a host of interesting legal questions, which the book addresses. The books final section investigates general trends in dispute resolution (e.g. the rising cost problem in arbitration in general) |
| Notes |
4 Party Autonomy v Arbitrators' Duty to Conduct the Proceedings Efficiently |
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Print version record |
| Subject |
Dispute resolution (Law)
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International economic & trade law.
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International economics.
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International business.
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Arbitration, mediation & alternative dispute resolution.
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Law -- International.
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Business & Economics -- International -- Economics.
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Business & Economics -- International -- General.
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Law -- Arbitration, Negotiation, Mediation.
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Dispute resolution (Law)
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| Form |
Electronic book
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| Author |
Chen, Lei
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Janssen, André, 1972-
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| ISBN |
9783030429744 |
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3030429741 |
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