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 ...»

Prof. Loukas Mistelis, Clive M Schmitthoff Professor of Transnational Commercial Law and Arbitration
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. Les mer
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Om boka

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.

Fakta

Anmeldelser

«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 ...»

Prof. Loukas Mistelis, Clive M Schmitthoff Professor of Transnational Commercial Law and Arbitration

«[A] first-class book which [...] provide[s] a genuinely comprehensive treatment of the topic of emergency arbitration [...] This book will be an indispensable guide and companion for parties considering or facing an emergency arbitration, and for emergency arbitrators, as well as for academics contemplating the topic. It will also contribute substantially to the efficient and cost-effective conduct of arbitral proceedings, it will help ensure just and effective outcomes to disputes, and it represents an important contribution to international arbitration practice.»

Lord Neuberger of Abbotsbury, Arbitrator, One Essex Court (former President of the Supreme Court of

Innholdsfortegnelse

Part I: Overview of Emergency Arbitration
1: The Principles of Emergency Arbitration
2: The Foundations of Emergency Arbitration
Part II: The Beginning of an Emergency Arbitration
3: The Commencement of Emergency Arbitration
4: The Emergency Arbitrator
Part III: Emergency Arbitration Procedure
5: The Conduct of an Emergency Arbitration
6: The Seat of Emergency Arbitration
Part IV: Applicable Standards and Forms of Emergency Measures
7: The Applicable Standards in Emergency Arbitration
8: The Form of Relief in Emergency Arbitration
Part V: The End of an Emergency Arbitration
9: The Decision of the Emergency Arbitrator
10: The Enforcement of the Emergency Arbitrator's Decision
Part VI: Emergency Arbitration in Investment Treaty Arbitration
11: Emergency Arbitration in Investment Treaty Arbitration
Part VII: The Future of Emergency Arbitration
12: The Future of Emergency Arbitration

Om forfatteren

Cameron Sim is an International Counsel in the International Dispute Resolution Group at Debevoise & Plimpton, based in Hong Kong. He is admitted in New York, Hong Kong, England & Wales, and Australia, and has appeared as advocate before arbitral tribunals seated in Europe and Asia. Prior to his arbitration career, Mr Sim clerked for the President of the Supreme Court of the United Kingdom and in the Judicial Committee of the Privy Council. Mr Sim holds a
BA/LLB (First Class Honours) from the University of Melbourne, and a BCL (Distinction) from the University of Oxford.