Czech Yearbook of International Law (CYIL) represents the broadest scholarly legal science and praxis in the region of central and eastern Europe. The analytical views espoused in the CYIL are germane to actual issues of public and private international law and are related to aspects of European and constitutional law. The quality of the CYIL is clearly apparent by those professionals from prominent institutions in the Czech Republic, Slovak Republic and Poland who are represented on the Advisory and Editorial Boards. Czech Yearbook of International Law is a compilation of articles written by professionals who offer unique insight into special legal issues regulated in the European legal culture. CYIL includes articles from academicians, attorneys, justice staff, practitioners in the field of international law, book reviews of select publications and provides information and overviews of scholarly work in the field of international law. CYIL promotes development of international law and of new analytical approaches that will increase understanding of this branch of law and its goals in the current global era. The focal points of interest in CYIL 2010 are actual issues involving international treaties in the context of EU law, international contractual relations, the protection of human rights in the international context, aspects of criminal law as well as international arbitration. The Czech Republic, is an important source of information for those in academia interested in comparative and international law, as well as for specialists interested in the related areas of constitutional and European law. The goal of this book is to further advance and develop the international law analyses particularly from the countries of central and eastern Europe.

Czech Yearbook of International Law, Second Decade Ahead: Tracing the Global Crisis

Reference

Juris Net

The chapters of this volume represent the majority of Professor Carbonneau s scholarly writings on the subject of international commercial arbitration. They reflect his interest over the course of thirty years of law-teaching in international litigation, comparative law, and-of course - international arbitration. Some of the chapters are of a recent vintage, while others were written a decade or two ago. Whatever their date of production, the chapters have a continuing professional interest. Each addresses some of the major issues of trans-border arbitration law. A number of chapters emphasize the importance of courts in developing and maintaining a legal culture that is hospitable to arbitration. The work of the courts has been instrumental to the reception of arbitration in the United States and in several European jurisdictions. The courts can make or break arbitration by upholding arbitration agreements and enforcing arbitral awards. Other chapters underscore that arbitration can operate as a complete legal system. It not only provides workable trial procedures, but arbitrators can also create law in their rulings. With the addition of an internal arbitral appellate mechanism, arbitrations can function with almost absolute independence. The world law on arbitrations seems to favor the a-national and a-juridical operation of the arbitral process. A few of the chapters recognize that arbitration is being increasingly employed to resolve political or mixed political and commercial disputes. Investment arbitration and BITs are the most recent expression of this development; it had been apparent in WTO and NAFTA dispute resolution. The Iran-U.S. Claims Tribunal presented the first great occasion for assessing the vocation of arbitration in a mixed dispute situation. While arbitration has made significant inroads in this area, political sovereignty remains resistant to the imposition of limitations. In many less visible political cases, determinations are nonetheless made and rendered enforceable. The concluding chapters address more specific developments in the field of ICA. A number of cases point to the strong, perhaps overweening, support of the judiciary for arbitration. The courts in some jurisdictions support arbitration unequivocally and are bent upon a single outcome no matter the impact on doctrine. Lawyer presence in the arbitral process has lead to increased formalization in some proceedings. The judicialization of arbitration tilts the process toward the protection of rights and hinders its ability to function effectively and reach finality. Lawyers can readily misunderstand and undermine the gravamen of arbitration. The concluding chapters also establish that the UK Arbitration Act 1996 is one of the world s outstanding arbitration statutes. It rivals and bests the UNCITRAL Model Law on ICA and is the equal of the French codified law on arbitration. Finally, the express text of the New York Arbitration Convention appears to have been altered significantly by court practice. The possible limitations of national law have been neutralized and the provisions of the Convention articulate a truly trans-border regulation of the enforcement of awards. In sum, the chapters in this book reflect the author's lifetime work in the area of international arbitration and are required reading for all those in the practicing in the field- law students, arbitrators, academics and practicing lawyers.

Carbonneau on International Arbitration: Collected Essays

Thomas Carbonneau

Law Practice

A companion to Carbonneau on International Arbitration: Collected Essays, the essays in this volume represent the majority of the author's scholarly writings on the topic of U.S. arbitration law. They reflect his three decades of experience as a law professor and as the Editor-in-Chief of the World Arbitration & Mediation Report (renamed Review) and the Journal of American Arbitration. Each one tackles an aspect of the debate about the role of arbitral adjudication in contemporary American society and provides an assessment of the evolution and content of the U.S. law of arbitration. In particular, Carbonneau on Arbitration: Collected Essays examines the work of the U.S. Supreme Court in arbitration and provides a critical, but balanced, assessment of that decisional law. The chapters of this volume represent the majority of the author's scholarly writings on international commercial arbitration over thirty years. The chapters address various major issues and themes of transborder arbitration law, including (1) the importance of courts in developing and maintaining a legal culture that is hospitable to arbitration, (2) arbitration as a complete legal system, (3) the increasing use of arbitration to resolve political or mixed political and commercial disputes, and (4) the judicialization of arbitration. Some of the chapters are of a recent vintage, while others were written a decade or two ago. Whatever their date of production, these essays are of continuing interest to practitioners in and scholars of the field.

Carbonneau on Arbitration: Collected Essays

Thomas E. Carbonneau

The AAA Handbook on Arbitration Practice assembles from Dispute Resolution Journal - the flagship publication of the American Arbitration Association - and other sources the latest thinking on arbitration and dispute resolution. All chapters, where necessary, have been revised and updated by the authors to insure that they represent the most current developments in law and practice. The AAA Handbook on Arbitration Practice is a succinct, comprehensive and a practical introduction to the use of arbitration and dispute resolution, written by leading practitioners and scholars, it provides essential orientation and is a "must" for anyone with an interest in the field. The AAA Handbook on Arbitration Practice brings to the arbitration and dispute resolution professional the latest thinking on arbitration and ADR from world-renowned specialists in the field. Created from selected articles, the chapters in this work were selected from an extensive body of writings and, in the main, represent world-class assessments of arbitration and dispute resolution practice. All the major facets of the field are addressed. The chapters provide the reader with comprehensive and accurate information, lucid evaluations, and useful practical guidance. They not only acquaint, but also ground the reader in the field.

AAA Handbook on Arbitration Practice (American Arbitration Association Handbook)

American Arbitration Association

Assembled form Dispute Resolution Journal - the flagship publication of the American Arbitration Association - the chapters in the Handbook have all, where necessary, been revised and updated prior to publication. The book is succinct, comprehensive and a practical introduction to the use of arbitration and ADR, written by leading practitioners and scholars. The Handbook begins with a thorough introduction into the practice of mediation and offers advice and strategies in preparing for and conducting successful mediations. It explores the use of mediator evaluations, (i.e. opinions as to the likely outcome or value of legal claims), reframing (i.e. restating or rephrasing statements of conflict), risk analysis, the underlying psychology and bridging of cultural gaps, among many other areas included to assist mediators in achieving the best results. Attorneys are provided with guidance on establishing a mediation practice, preparing clients for mediation, negotiation tactics, and how to answer a client s questions regarding the process of mediation. It discusses confidentiality and ethics in mediation and also addresses the use of mediation in specific types of disputes, such as business to business matters, construction, medical malpractice, governmental agencies including environmental agencies, and in the workplace. Lastly, it touches on various mediation issues as they arise in the legal system. The chapters were selected from an extensive body of writings and, in the main, represent world-class assessments of arbitration and ADR practice. All the major facets of the field are addressed and provide the reader with comprehensive and accurate information, lucid evaluations, and an indication of future developments. They not only acquaint, but also ground the reader in the field.

AAA Handbook on Mediation - 2nd Edition

The AAA Handbook on Construction Arbitration and ADR assembles from the Dispute Resolution Journal - the flagship publication of the American Arbitration Association - and other sources, the leading professional writing in areas in which arbitration and ADR are likely to apply. The Handbook on Construction Arbitration and ADR is succinct, comprehensive and a practical introduction to the use of arbitration and ADR in various fields, written by leading practitioners and scholars. It provides essential orientation and is a "must" for anyone with an interest in the field of arbitration and ADR. The Handbook also addresses various contemporary problems in arbitration and ADR law - such as the use of class action arbitration, the awarding of punitive damages in arbitration, and the selection of arbitrators and mediators. The Handbook contains recent important articles written by authors who are recognized specialists in that area. Often the authors have both national and international reputations. The contributions cover a wide array of topics that are of substantial interest in the field and provide analytically thorough, professional, and practical answers to problems that have emerged in the field. The articles were selected from an extensive body of writings and, in the main, represent world-class assessments of arbitration and ADR practice. All the major facets of the field are addressed. The articles provide the reader with comprehensive and accurate information, lucid evaluations, and an indication of future developments. They not only acquaint, but also ground the reader in the field.

AAA Handbook on Construction Arbitration and ADR - 2nd Edition

The AAA Handbooks assemble from Dispute Resolution Journal - the flagship publication of the American Arbitration Association - and other sources, the leading professional writing in areas in which arbitration and ADR are likely to apply. The Handbooks on Arbitration and ADR are succinct, comprehensive and practical introductions to the use of arbitration and ADR in various fields, written by leading practitioners and scholars. They provide essential orientation and are a must for anyone with an interest in the field of arbitration and ADR. The Handbooks also address various contemporary problems in arbitration and ADR law - such as the use of class action arbitration, the awarding of punitive damages in arbitration, and the selection of arbitrators and mediators. The Handbooks contain recent important articles written by authors who are recognized specialists in that area. Often the authors have both national and international reputations in the area. The contributions cover a wide array of topics that are of substantial interest in the field and provide analytically thorough, professional, and practical answers to problems that have emerged in the field. The articles were selected from an extensive body of writings and, in the main, represent world-class assessments of arbitration and ADR practice. All the major facets of the field are addressed. The articles provide the reader with comprehensive and accurate information, lucid evaluations, and an indication of future developments. They not only acquaint, but also ground the reader in the field.

AAA Handbook on Commercial Arbitration 2nd Edition

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