Gabrielle Kaufmann-Kohler's Books

International Arbitration: Law and Practice in Switzerland

By: Gabrielle Kaufmann-Kohler,Antonio Rigozzi

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International Arbitration: Law and Practice in Switzerland

By: Gabrielle Kaufmann-Kohler,Antonio Rigozzi

This book expounds the theory of international arbitration law. It explains in easily accessible terms all the fundamentals of arbitration, from separability of the arbitration agreement to competence-competence over procedural autonomy, finality of the award, and many other concepts. It does so with a focus on international arbitration law and jurisprudence in Switzerland, a global leader in the field. With a broader reach than a commentary of Chapter 12 of the Swiss Private International Law Act, the discussion contains numerous references to comparative law and its developments in addition to an extensive review of the practice of international tribunals. Written by two well-known specialists - Professor Kaufmann-Kohler being one of the leading arbitrators worldwide and Professor Rigozzi one of the foremost experts in sports arbitration - the work reflects many years of experience in managing arbitral proceedings involving commercial, investment, and sports disputes. This expertise is the basis for the solutions proposed to resolve the many practical issues that may arise in the course of an arbitration. It also informs the discussion of the arbitration rules addressed in the book, from the ICC Arbitration Rules to the Swiss Rules of International Arbitration, the CAS Code, and the UNCITRAL Rules. While the book covers commercial and sports arbitrations primarily, it also applies to investment arbitrations conducted under rules other than the ICSID framework.

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Page Count

691

Publisher

Oxford University Press

Published Date

ISBN 10

0191669180

ISBN 13

9780191669187

Investor-State Dispute Settlement and National Courts

Current Framework and Reform Options

By: Gabrielle Kaufmann-Kohler

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Investor-State Dispute Settlement and National Courts

Current Framework and Reform Options

By: Gabrielle Kaufmann-Kohler

This open access book examines the multiple intersections between national and international courts in the field of investment protection, and suggests possible modes for regulating future jurisdictional interactions between domestic courts and international tribunals. The current system of foreign investment protection consists of more than 3,000 international investment agreements (IIAs), most of which provide for investment arbitration as the forum for the resolution of disputes between foreign investors and host States. However, national courts also have jurisdiction over certain matters involving cross-border investments. International investment tribunals and national courts thus interact in a number of ways, which range from harmonious co-existence to reinforcing complementation, reciprocal supervision and, occasionally, competition and discord. The book maps this complex relationship between dispute settlement bodies in the current investment treaty context and assesses the potential role of domestic courts in future treaty frameworks that could emerge from the States current efforts to reform the system. The book concludes that, in certain areas of interaction between domestic courts and international investment tribunals, the "division of labor" between the two bodies is not always optimal, producing inefficiencies that burden the system as a whole. In these areas, there is a need for improvement by introducing a more fruitful allocation of tasks between domestic and international courts and tribunals - whatever form(s) the international mechanism for the settlement of investment disputes may take. Given its scope, the book contributes not only to legal analysis, but also to the policy reflections that are needed for ongoing efforts to reform investor-State dispute settlement.

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Page Count

125

Publisher

Springer Nature

Published Date

ISBN 10

3030441644

ISBN 13

9783030441647

Online Dispute Resolution

Challenges for Contemporary Justice

By: Gabrielle Kaufmann-Kohler,Thomas Schultz

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Online Dispute Resolution

Challenges for Contemporary Justice

By: Gabrielle Kaufmann-Kohler,Thomas Schultz

In a world governed by speed, the Internet plays a growing role in many of today's innovations, and the resolution of disputes using electronic means of communication may soon be part of everyday legal practice. This book offers a survey of the current state of play in online dispute resolution, from the methods and information technology currently in use to the range of regulatory solutions proposed by shareholders. Taking their analysis a step further, the authors also address this new field's most pressing issues, including possible amendments of existing legislation, treaties, and arbitration and other ADR rules. Online Dispute Resolution: Challenges for Contemporary Justice is an in-depth study of online dispute resolution today, discussing among other topics: the different methods of ODR; fields of use; ways to bring parties to online dispute resolution; validity and effects of clauses entered into online and providing for online mediation or arbitration; issues surrounding electronic communications and evidence in arbitration; and, enforcement of online dispute resolution outcomes, both through court proceedings and built-in enforcement mechanisms. This book also covers issues related to security and e-commerce in general. As a special feature, it contains a section on existing online dispute resolution providers, complete with interviews and statistics. Online Dispute Resolution: Challenges for Contemporary Justice is a significant resource for legal counsel, to arbitral institutions, ODR and ADR service providers, governments and governmental and non-governmental organizations, as well as to those with a more academic interest. This book will provide a greater understanding of online dispute resolution to persons in the fields of arbitration and ADR, e-commerce, intellectual property, civil procedure, international law, international trade and commerce, and information technology.

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Page Count

406

Publisher

Kluwer Law International B.V.

Published Date

ISBN 10

9041123180

ISBN 13

9789041123183

Online Dispute Resolution

Challenges for Contemporary Justice

By: Gabrielle Kaufmann-Kohler,Thomas Schultz

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Online Dispute Resolution

Challenges for Contemporary Justice

By: Gabrielle Kaufmann-Kohler,Thomas Schultz

In a world governed by speed, the Internet plays a growing role in many of today's innovations, and the resolution of disputes using electronic means of communication may soon be part of everyday legal practice. This book offers a survey of the current state of play in online dispute resolution, from the methods and information technology currently in use to the range of regulatory soloutions proposed by sakeholders. Taking their analysis a step further, the authors also address this new field's most pressing issues, including possible amendments of existing legislation, treaties, and arbitration and other ADR rules. "Online Dispute Resolution: Challenges for Contemporary Justice" is an in-depth study of online dispute resolution today, discussing among other topics: the different methods of ODR; fields of use; ways to bring parties to online dispute resolution; validity and effects of clauses entered into online and providing for online mediation or arbitration; issues surrounding electronic communications and evidence in arbitration; and, enforcement of online dispute resolution outcomes, both through court proceedings and built-in enforcement mechanisms. This book also covers issues related to security and e-commerce in general. As a special feature, it contains a section on existing online dispute resolution providers, complete with interviews and statistics.

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Page Count

384

Published Date

ISBN 10

3725548536

ISBN 13

9783725548538

Book's by Gabrielle Kaufmann-Kohler

International Arbitration: Law and Practice in Switzerland

International Arbitration: Law and Practice in Switzerland

Investor-State Dispute Settlement and National Courts

Investor-State Dispute Settlement and National Courts

Online Dispute Resolution

Online Dispute Resolution

Online Dispute Resolution

Online Dispute Resolution

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