首页 >
法律 >
仲裁法 >
THE REASONED ARBITRATION AWARD IN THE UNITED STATES: ITS PROMISE, PROBLEMS, PREPARATION, AND PRESERVATION

THE REASONED ARBITRATION AWARD IN THE UNITED STATES: ITS PROMISE, PROBLEMS, PREPARATION, AND PRESERVATION

作者： John Burritt McArthur
出版商： Juris Publishing
ISBN: 9781944825409
出版时间 October 2022
规格： Paperback
适应领域： U.S. ? 免责申明：
Countri(es) stated herein are used as reference only

￥2,325.00

或

下载订单表

加入收藏
| 加入比较

描述

详细
The Reasoned Arbitration Award in the United States examines and criticizes the continuing tilt in USarbitration toward "standard" awards, those that contain no reasons or explanations for their outcome. It shows that US arbitrators often do not fully explain their awards, and courts too often uphold such awards as"reasoned." The Reasoned Arbitration Award is a highly impressive treatise worthy of a place in the library of any arbitrator, arbitration advocate, court, or student of arbitration – including professors and anyone else educating or training arbitrators. It also is essential reading for scholars and practitioners writing on domestic arbitration. Most stakeholders in mainstream (lawyered) commercial arbitration will find the work to be a critical reference that they routinely consult whether it is to learn more effective award writing or, for practitioners, more effective arbitration pleading.

John Burritt McArthur explains the error of the widespread misconception that "silent" awards – awards that provide no reasons for their decisions – are less prone to challenge and, are necessarily cheaper to prepare and therefore more practical than fully reasoned awards. The Reasoned Arbitration Award in the United States shows that US courts tend to uphold such awards as reasoned, and explains why this erroneous judicial approach undermines the legitimacy of U.S. arbitration. In addition, McArthur extensively analyses each ground of vacatur and its success rate via a study of the opinions grouped in pertinent Westlaw keynotes over the eight years 2010-2017. Four appendices contain convenient case synopses of opinions vacating awards for, respectively, exceeding powers (App. D, analyzing 41 awards vacated on this ground); manifest disregard (App. D, analyzing ten of these rare "Black Swan" vacaturs), violating public policy (App. F, analyzing 23 vacated awards), and evident partiality (App. F, analyzing 14 vacated awards). These materials are a gold mine for practitioners, arbitrators, judges and teachers.

The Reasoned Arbitration Award in the United States addresses the major problem created by the lack of a clear, effective definition of reasoned awards. It analyzes in detail the unreasoned awards that courts, beginning with the Eleventh Circuit in Cat Charter, have confirmed as reasoned. And it explains in detail, section by section, how to write a properly reasoned award. It:
- Provides a clear and effective definition of “reasoned award”;
- Shows the right way for courts to review awards by describing opinions that do require real reasons and vacate unreasoned awards;
- Analyses, in contrast, awards that lack comprehensible reasons and opinions that confirm them anyway, beginning with the Cat Charter award and opinion;
- Discusses how to write each section of a reasoned award in six “how-to” chapters;
- Illustrates good and bad awards with dozens of examples;
- Makes the full text of 12 inadequately reasoned awards and 10 well-reasoned awards available to readers online for further study;
- Identifies the six main categories of unreasoned awards trying to pass as reasoned;
- Explains why the criticisms that reasons make awards vulnerable and too costly are incorrect;
- Compiles vacatur rates for each ground of vacatur over an eight-year period as evidence that the vulnerability theory is incorrect;
- Recommends reforms that will strengthen the clarity and legitimacy of reasoned awards.
This thought-provoking work argues persuasively that the effectiveness and desirability of arbitration is at stake in the current disarray over reasoned awards because it is only through truly reasoned awards that arbitrators can give the parties proof that they have been heard.

你可能需要


The Hong Kong Company Secretary's Handbook: Practice and Procedure (11th Edition): List Price: ￥497.55

￥482.62 Save ￥14.93 (3%)


Hong Kong Tax & Accounting Practical Toolkit (Basic Package): ￥3,161.07


Hong Kong Company Secretary Checklist, 2nd Edition: List Price: ￥1,283.40

￥1,244.90 Save ￥38.50 (3%)


Law of Companies in Hong Kong, 4th Edition (Hardcopy + e-Book): List Price: ￥3,255.00

￥3,157.35 Save ￥97.65 (3%)


Butterworths Hong Kong Discrimination Law Handbook, 4th Edition: List Price: ￥1,395.00

￥1,353.15 Save ￥41.85 (3%)


Sentencing in Hong Kong, 11th Edition: List Price: ￥3,329.40

￥3,229.52 Save ￥99.88 (3%)


Butterworths Hong Kong Company Law (Winding-Up and Miscellaneous Provisions) Handbook, 6th Edition: List Price: ￥2,120.40

￥2,056.79 Save ￥63.61 (3%)


Butterworths Hong Kong Company Law Handbook, 26th Edition: List Price: ￥4,092.00

￥3,969.24 Save ￥122.76 (3%)


Cross-Border Crime in Hong Kong: Extradition, Mutual Assistance & Financial Sanctions, 3rd Edition: List Price: ￥1,934.40

￥1,876.37 Save ￥58.03 (3%)


Clough & Clough on Personal Injuries: List Price: ￥1,395.00

￥1,353.15 Save ￥41.85 (3%)


Hong Kong Personal Insolvency Manual, 3rd Edition: List Price: ￥1,860.00

￥1,804.20 Save ￥55.80 (3%)


Butterworths Hong Kong Conveyancing and Property Law Handbook, 6th Edition: List Price: ￥1,674.00

￥1,623.78 Save ￥50.22 (3%)


A Practical Guide to Resolving Shareholder Disputes, 2nd Edition: List Price: ￥1,674.00

￥1,623.78 Save ￥50.22 (3%)


Tort Law in Hong Kong, 5th Edition (Hardcopy + ebook): List Price: ￥2,325.00

￥2,255.25 Save ￥69.75 (3%)


Company Law in Hong Kong: Practice and Procedure 2023 (Hardcopy + e-Book): List Price: ￥2,974.14

￥2,884.92 Save ￥89.22 (3%)


Company Law in Hong Kong: Insolvency 2023 (Hardcopy + e-Book): List Price: ￥2,643.99

￥2,564.67 Save ￥79.32 (3%)


Hong Kong Company Law, 15th Edition: List Price: ￥457.56

￥443.83 Save ￥13.73 (3%)


Private Equity in Hong Kong and China, 4th Edition: List Price: ￥1,860.00

￥1,804.20 Save ￥55.80 (3%)


Hong Kong Family Court Practice, 4th Edition: List Price: ￥2,511.00

￥2,435.67 Save ￥75.33 (3%)


Brooke's Notary Hong Kong, 3rd Edition: List Price: ￥1,581.00

￥1,533.57 Save ￥47.43 (3%)

“

Ordering from Professional Bookshop is fantastic, quick delivery great products, great customer service Siti L.
This is a great bookstore and have had no problems with them and all my orders have come on time and in good condition. Yang X.
Everything is perfect. Fast delivery. I highly recommend this website to all my friends and colleagues. Thanks Hoi Man L.
So thankful I am receiving all my books, thank you to all for a great service and excellent products Clinton K.
Professional Bookshop is amazing! I've been a loyal customer for over 5 years. Returns are easy to request, book or delivery complaints are taken seriously and the customer service team is friendly and patient. Mick D.
I wanted to informed you that the customer service is excellent. They were so polite and nice. I would continue to buy books from Professional Bookshop. Jingsong C.
Fast and quick service. Easy transaction method, arrived sooner than expected. Excellent packaging and the books received are in perfect condition! Thank you very much! I love the book and its quality. Saori B.
I can order any accounting books from worldwide from Professional Bookshop. Love this website and save my time to search from internet. Lingxiao R.
It is just so easy to find what you are always looking for and sometimes you can even find it up to 80% off what you would in the normal store. Graeme R.
I love shopping on Professional Bookshop! They have a wide range of accounting book with competent prices. Free shipping in Hong Kong is also really handy! Fergus Y.
Professional Bookshop is a great bookstore, I must say. Buying books in Professional Bookshop is so easy, great and reliable. It is highly recommendable. Deborah D.
A great site to shop accounting books and everything and with discountable prices. It’s my first choice whenever i want to shop something. Most trusted site. Zeng Z.
I found the books I needed and at a very low price. I am very happy and will definitely use it in the future Brian W.
I have been using Professional Bookshop for a while now. I am very impressed with customer service and delivery. When I need to have a return it is done very diligently. Olivia L.
Professional Bookshop is my default go to for finding the best prices and reading details of law books before buying. Detailed book description is very helpful. Tracy W.
I've been using Professional Bookshop since 2011 and they actually great, I always received great service and my book arrives on time. Lisa C.

所有书籍

THE REASONED ARBITRATION AWARD IN THE UNITED STATES: ITS PROMISE, PROBLEMS, PREPARATION, AND PRESERVATION

Free delivery Hong Kong?

详细

你可能需要

What Our Customers Say?

所有书籍

THE REASONED ARBITRATION AWARD IN THE UNITED STATES: ITS PROMISE, PROBLEMS, PREPARATION, AND PRESERVATION

Free delivery Hong Kong?

详细

你可能需要

What Our Customers Say?

video title