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Emergency Arbitration


ISBN13: 9780198831051
Published: July 2021
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £177.50



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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 national 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.

Subjects:
Arbitration and Alternative Dispute Resolution
Contents:
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