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The numerous arbitral regimes around the world differ in subtle yet complex ways. These variations can have a profound effect on the procedural rights and obligations of the parties. Broadly speaking, the choice of regime will impact the way in which an arbitration is conducted; its duration and expense; the outcome of the dispute; and the ultimate enforceability of the award. To inform the parties’ choice, this book is the first to deal specifically and in depth with a broad range of institutional and ad hoc arbitration rules on a comparative basis. It provides a practical guide to the rules in one book—a one-stop shop—from a distinctly “rule” and “guide” point of view. This book has its genesis in the authors’ experience as practitioners and educators in international commercial and investor-state arbitration—and as advisers to, and trainers for, arbitral institutions, arbitrators, judges and government officials around the world. This comprehensive, descriptive and analytical “road map” covers the broad range of issues addressed in nine representative major sets of arbitration rules. The authors detail the distinct ways in which rules governing such important issues as the following may differ among the various arbitral regimes: the governance structure and role of the administering institutions in the arbitration, including case management and administrative support; the critical and recommended issues to be established in the agreement to arbitrate, such as the place of arbitration and the governing law among others; the requirements and best practices for starting the arbitration on the right foot; the procedures for selecting, appointing and challenging arbitrators; the impact of the initial procedural conference on the proceedings; the rules on presenting the case in chief: written submissions, documentary evidence, witness and expert testimony and more; the costs and fees of leading institutions; the procedures and standards for award scrutiny and enforceability; and a range of special and innovative procedures such as expedited proceedings, interim relief and consolidation of proceedings. The comparative analysis is organized around the chronological phases of an international arbitration and supported by rule comparison tables and clear explanations of each step of the process. With this eminently practical book, contract negotiators, counsel and arbitrators can confidently navigate any international arbitration. Thorough coverage of the applicable rules and guidelines enables parties and/or the tribunal to design bespoke arbitration procedures based upon the various rules of leading regimes. Arbitral institutions can survey the different approaches and identify emerging best practices in the design and drafting of arbitral regimes. All in all, this volume is a useful guide and comprehensive framework of rules for both arbitration practitioners and users of arbitration services, as well as for students and teachers of international arbitration.
An autobiography and selected writings by the former Chief Judge of New York’s highest court, the Court of Appeals. In 1983, Judith S. Kaye (1938–2016) became the first woman appointed to the Court of Appeals, New York’s highest court. Ten years later, she became the first woman to be appointed chief judge of the court, and by the time she retired, in 2008, she was the longest-serving chief judge in the court’s history. During her long career, she distinguished herself as a lawyer, jurist, reformer, mentor, and colleague, as well as a wife and mother. Bringing together Kaye’s own autobiography, completed shortly before her death, as well as selected judicial opinions, articles, and speeches, Judith S. Kaye in Her Own Words makes clear why she left such an enduring mark upon the court, the nation, and all who knew her. The first section of the book, Kaye’s memoir, focuses primarily on her years on the Court of Appeals, the inner workings of the court, and the challenges she faced, as chief judge, in managing a court system populated by hundreds of judges and thousands of employees. The second section, a carefully chosen selection of her written opinions (and occasional dissents), reveals how she guided the law in New York State for almost a quarter century with uncommon vision and humanity. Her decisions cover every facet of New York and federal law and have often been quoted and followed nationally. The final section of the book includes selections from her numerous articles and speeches, which cover the field, from common law jurisprudence to commercial law to constitutional analysis, all with an eye to the future and, above all, how the law can best affect the everyday lives of people who come to court—willingly or unwillingly—including, not least, those most in need of the law. BACK FLAP “Judith Kaye was one of the most admired judges in the nation— and a wonderful, real, often funny person as well. This collection captures the full range of the judge and the woman, and it serves as a great reminder of her enduring legacy.” — Jeffrey Toobin “An extraordinary woman, jurist, and leader who had a striking impact on the law and the administration of justice in New York State and beyond. This collection is more than a simple record of a remarkable life. It is a treasure—not only for those of us who knew and admired Judith but for all who may seek to understand and appreciate the profound impact she had on the law, the legal profession, and the administration of justice.” — from the Foreword by Honorable Janet DiFiore
The Netherlands Arbitration Institute (NAI) is the most prestigious institute in the Netherlands for the arbitration of commercial disputes. While NAI arbitration is the dispute resolution mechanism of choice of many Dutch corporations and public entities, it is increasingly agreed on by foreign parties selecting the Netherlands as a neutral venue for their potential disputes. This excellent volume, a rule-by-rule guide to the NAI Arbitration Rules, is not only the first such handbook in English, but the most comprehensive and detailed in any language. In addition, it provides a unique commentary in English on important elements of Dutch arbitration law. Drawing on case law from arbitral tribunals and state courts and on extensive personal experience, members of the arbitration team of the Dutch law firm De Brauw Blackstone Westbroek N.V. provide in-depth commentary on each provision of the NAI Arbitration Rules and on arbitration-related court proceedings in the Netherlands under the Dutch Arbitration Act. Focusing on disputes arising from (among others) share purchase agreements, joint venture agreements, licence agreements, franchise agreements, finance agreements, contractor agreements, distribution agreements, and agreements for the sale of goods, the analysis covers such crucial factors of the NAI system as the following: the use of the list procedure for the appointment of arbitrators; the central role of the Administrator; the Dutch concept of binding advice; contractual relationships and exclusion of liability; the separability of the arbitration agreement; freedom in determining and applying rules of evidence; the mechanisms for parties to seek relief in summary arbitration proceedings; costs of arbitration; and the arbitral award, including the possibility of rectifying, supplementing and setting aside this award. The provision-by-provision analysis also compares the NAI Rules with both relevant proceedings in the Dutch state courts and, inter alia, ICC and UNCITRAL Arbitration Rules and to practice under such other rules. The authors of this matchless book have faced many questions on the NAI Arbitration Rules, advised on the interpretation and correct application of those Rules, and defended such interpretation before tribunals and courts. In this book they share their experience, insights, and expertise. Counsel for corporate clients and public entities contemplating arbitration proceedings and– as well as counsel to parties in NAI proceedings or related court proceedings and– will find here an incomparable guide to the NAI system and Dutch arbitration law.
Re-issued in paperback to mark the centenary of legislation enabling women to enter the professions for the first time in the United Kingdom. Rose Heilbron QC (later Dame Rose Heilbron), was an English barrister, who became a world famous icon of the 1950s and 1960s. She was one of the two first women King's Counsel (later Queen's Counsel) in 1949 and the first senior woman Judge in England in 1956 when she became Recorder of Burnley. This biography, written by her daughter Hilary, also a barrister and Queen's Counsel, charts her rise to prominence and success against the odds, excelling as an advocate and lawyer and later as only the second female High Court Judge in a career spanning nearly 50 years. She broke down many barriers with a string of firsts in the legal profession. She became a pioneer for women at the English Bar and for women generally, championing many women's causes in an era when it was not fashionable to do so. The biography highlights her role as an inspiring and successful defence advocate in many famous and fascinating cases as well as in cases of great legal importance. These include the Cameo murder case in 1950; the trial of Devlin and Burns for capital murder; the representation of the striking Liverpool Dockers in a case of national importance; the defence of the notorious London gangster, Jack Spot; and the representation, in an early anti-discrimination case, of the world renowned cricketer, Learie Constantine. Also chronicled are her years as a High Court Judge and the wide range of other legal and non-legal activities she undertook as a result of her fame including her appointment by the government in 1975 to chair an Advisory Committee on Rape. With the added insights and recollections of her daughter it portrays a multi-dimensional picture of the young and beautiful Rose Heilbron - barrister, judge, working wife and mother - who not only managed to combine these public and private roles in an era when to do so was extremely rare, but who did so with the combination of warmth, flair and determination which was to make her an internationally acclaimed role model for women. Many people over the years have wanted to write about her: this is the first authorised biography. From the Foreword by Cherie Blair QC '[an] inspirational pioneer...But it wasn't her novelty that made Rose's career at the Bar such a glittering success. She broke the mould because she was a brilliant advocate and a master of her brief...Rose's daughter gives us in this book a personal and warm insight into Rose, the advocate, with a comprehensive account of a glittering variety of her legal cases from the notorious to the more mundane...the working mum who always found time for her family and...who cared about equality and justice for other women...'
This essential handbook offers art professionals and collectors an accessible legal analysis of important principles in art law, as well as a practical guide to legal rights when creating, buying, selling and collecting art in a global market. Although the book is international in scope, there is a particular focus on the US as a major art centre and the site of countless key international court cases. This authoritative but accessible and wide-ranging volume is essential reading for arts advisors, collectors, dealers, auction houses, museums, investors, artists, attorneys and students of art and law.
The authenticity of visual art has always commanded the attention of experts, dealers, collectors, and the art-minded public. Is it "real" or "original" is a way of asking what am I buying? What do I own? What am I looking at? And today more sophisticated questions are being asked: How is authenticity determined and what weight does this determination have in court? This book of essays proposes to answer those questions. Three lines of inquiry are basic to determining authenticity: a connoisseur's evaluation, historical documentation or provenance, and scientific testing. A connoisseur is an expert who evaluates the "rightness" of a work based on much careful scrutiny of many works by an artist and familiarity with that artist's usual manner of working with materials. In determining provenance, a researcher traces the physical object from the artist through a chain of ownership to the present owner--simple enough in concept, though it assumes that the documentation is not faked or inaccurate. The goal is to ensure that the object is the same one that left the artist's hand. Scientific testing, although sometimes useful, is often longer on promise than result. Dating paint or wood samples, for instance, can show that a painting was made in Rembrandt's lifetime, but it cannot prove that it is by Rembrandt's hand. If expert opinion is divided, and large sums of money are involved, a dispute over authenticity may end up in a court of law, where evaluation of expert opinion evidence can be problematic. The essays in this book clarify the nature of the methods outlined above and explain, based on case law, the present status of authentication issues in court. Contributors include experts from Christie's, London; Sotheby's, New York; and the former director of the Frick Collection; as well as leading art historians and art dealers; an art conservator; a forensic graphologist; a philanthropist and collector; and a specialist in French art law. Their collective knowledge on issues of authenticity will be invaluable for anyone interested in the world of visual art.