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Williams & Kawharu on Arbitration

Williams & Kawharu on Arbitration

  • 作者:
  • 出版商: LexisNexis New Zealand
  • ISBN: 9781877511547
  • 出版时间 January 2011
  • 规格: Hardback
  • 适应领域: New Zealand ? 免责申明:
    Countri(es) stated herein are used as reference only
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  • 描述 
  • 大纲 
  • 详细

    This is the first comprehensive, in-depth analysis of the law and practice of domestic and international arbitration in New Zealand and is destined to become an indispensable aid to those practising in this field. It is written primarily for practising lawyers, arbitrators and judges. It will also provide an invaluable resource for students of arbitration. Since New Zealand is an UNCITRAL Model Law jurisdiction it will also be of interest to arbitration specialists in other Model Law countries, especially those in the Asia-Pacific region.

    The authors bring to this task extensive practical and theoretical knowledge of both domestic and international arbitration.  David A R Williams QC, is a member of Bankside Chambers (Auckland and Singapore) and Essex Court Chambers, London and is widely regarded as New Zealand’s foremost international arbitrator and one of the world’s outstanding international commercial arbitrators.  He is an Honorary Professor of Law at the University of Auckland where he has taught international arbitration for many years.

    Co-author, Amokura Kawharu, studied arbitration at Cambridge University and practised law with Chapman Tripp in Auckland. She now lectures in arbitration at the Auckland Law School. She has published many articles on arbitration in leading overseas journals including Arbitration International and is a frequent speaker at arbitration events in New Zealand. With David Williams, she writes the arbitration section of the New Zealand Law Review.

    The contributing authors have extensive international arbitration experience. Campbell Walker practised in Paris with the international arbitration group of Shearman and Sterling, led by Professor Emmanuel Gaillard, one of the world’s leading international arbitrators. Daniel Kalderimis practised in London in the international arbitration group of Freshfields Bruckhaus Deringer LLP, the world’s No. 1 rated international arbitration law firm, led by Professor Jan Paulsson. Anna Kirk practised in London in the international arbitration and public international law group of the eminent dispute resolution firm, Herbert Smith LLP.

  • PART I - INTRODUCTION

    Chapter 1 - The Nature and Sources of Arbitration Law

    Chapter 2 - Origins of Arbitration Act 1996 (NZ) and its main features

    Chapter 3 - Role of the Court

     

    PART II - THE ARBITRATION ACT 1996 NZ AND ITS AMENDMENTS

    Chapter 4 - Arbitration Agreement

    Chapter 5 - the composition of the Arbitral Tribunal

    Chapter 6 - The Status of the Arbitrators

    Chapter 7 - Jurisdiction of the Arbitral Tribunal

    Chapter 8 - Preconditions for the Commencement of Arbitral Proceedings - Multi-Tiered Dispute Resolution Clauses

    Chapter 9 - Interim Measures of Protection

    Chapter 10 - The Law Governing Arbitral Proceedings

    Chapter 11 - The Conduct of the Arbitral Proceedings

    Chapter 12 - Legal Rules applicable to the Substance of the Dispute

    Chapter 13 - Confidentiality of Arbitral Proceedings

    Chapter 14 - Making of Awards and Termination of Proceedings

    Chapter 15 - Correction and Interpretation of Award

    Chapter 16 - Costs and Expenses of Arbitration

    Chapter 17 - Recourse against Award:  Setting Aside Awards

    Chapter 18 - Appeals and Questions of Law

     

    PART III - INTERNATIONAL COMMERCIAL ARBITRATION

    Chapter 20 ? Introduction to International Commercial Arbitration

    Chapter 21 - The UNCITRAL Arbitration Rules 2010 (Ad Hoc Arbitration)

    Chapter 22 - ICC Arbitration

    Chapter 23 - Other Arbitration Institutions

    Chapter 24 - The IBA Guidelines on Conflicts of Interest in International Arbitration (2004)

    Chapter 25 ? The IBA Rules on the Taking of Evidence in International Commercial Arbitration

    Chapter 26 ? New York Convention

     

    PART IV - INVESTMENT TREATY ARBITRATION

    Chapter 27: An Introduction to Investment Treaty Arbitration

    Chapter 28: Substantive Standards of Investor Protection

    Chapter 29: ICSID Arbitration

    Chapter 30: Overview of New Zealand’s Investment Treaties

     

    APPENDICES

    Appendix 1 - Arbitration Act 1996 (NZ) and Amendments

    Appendix 2 - High Court Amendment Rules 2000 (inserting new Part 17 High Court Rules consisting of Rules 877 ? 901

    Appendix 3 - UNCITRAL Model Law on International Commercial Arbitration

    Appendix 4 - Note on differences between UNICITRAL Model Law and Arbitration Act 1996 (NZ)

    Appendix 5 - Report of UNCITRAL Commission on International Trade Law, 18th Session - 3-21 June 1985/Vienna (A/40/17).

    Appendix 6 - Analytical Commentary on Draft Text of a Model Law on International Commercial Arbitration - Report of the Secretary General, 25 March 1985 (A/CN. 9/264)

    Appendix 7 - List of countries that have adopted arbitration legislation based on the UNCITRAL Model Law

    Appendix 8 - UNCITRAL Arbitration Rules

    Appendix 9 - UNCITRAL Notes on Organizing Arbitral Proceedings

    Appendix 10 - ICC Rules of Arbitration

    Appendix 11 -    LCIA Arbitration Rules

    Appendix 12 - AAA (ICDR) International Arbitration Rules

    Appendix 13 - ICSID Rules of Procedure for Arbitral Proceedings

    Appendix 14 - IBA Rules on the Taking of Evidence in International Commercial Arbitration (2010)

    Appendix 15 -    IBA Rules on Conflicts on Evidence in International Arbitration (2004)

    Appendix 16 -    Scoreboard of adherence to transnational arbitration treaties including 1958 New York Convention

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