Legal theory of international arbitration gaillard emmanuel. Emmanuel Gaillard 2019-03-07

Legal theory of international arbitration gaillard emmanuel Rating: 6,1/10 113 reviews

Prof. Dr. Emmanuel Gaillard (Paris, France)

legal theory of international arbitration gaillard emmanuel

A reading is therefore highly recommended for all arbitration practitioners. The fundamentally philosophical notions of autonomy and freedom are at the heart of its field of study. He has also acted as sole arbitrator, party-appointed arbitrator or Chairman under most international arbitration rules and is frequently called upon to appear as an expert witness on arbitration law issues in international arbitration proceedings or enforcement actions before domestic courts. The first arbitration was brought against the port authority of an African State. The second arbitration was brought against the same port authority and the State.

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Legal theory of international arbitration / by Emmanuel Gaillard

legal theory of international arbitration gaillard emmanuel

He also published, in English and in French, Legal Theory of International Arbitration, the first essay on the theory of international arbitration based on his 2007 Course at The Hague Academy and now also published in Arabic, Spanish, Chinese, Hungarian and Portuguese. SpA and Astaldi SpA v. Similarly essential are the questions of legitimacy raised by the parties' freedom to favor a private form of dispute resolution over national courts, to choose their judges, to tailor the procedure and to choose the applicable rules of law, and by the arbitrators' freedom to determine their own jurisdiction, to shape the conduct of the proceedings and to choose the rules applicable to the dispute. El profesor Emmanuel Gaillard -que es, además, un abogado y árbitro de indiscutido prestigio mundial- ha sorteado con éxito ese obstáculo. Through his practice, extensive writing and teaching, he has contributed to the shaping of contemporary international arbitration law. A settlement was achieved by the parties. A reading is therefore highly recommended for all arbitration practitioners.

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Emmanuel Gaillard

legal theory of international arbitration gaillard emmanuel

He regularly appears as expert witness on arbitration law issues, before arbitral tribunals or national courts. He was the first President and one of the co-founders of the International Academy for Arbitration Law Arbitration Academy. Very minimal wear and tear. The Guide will be published in early 2014. . The fundamentally philosophical notions of autonomy and freedom are at the heart of its field of study. As commercial transactions become increasingly international, it is vital to the legal and business communities to understand and analyze the practices and legal principles that govern relationships between firms and between firms and consumers in the international arena.

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Emmanuel Gaillard

legal theory of international arbitration gaillard emmanuel

Dispute relating to a highway construction. The dispute relates to measures taken by Spain in the renewable energy sector. May be very minimal identifying marks on the inside cover. Review excerpts from the book on International arbitration readily lends itself to a legal theory analysis. The Tribunal also ordered the Respondent to reimburse to our clients 75% of the legal fees they had incurred in these proceedings, as well as 100% of the arbitration costs. Dispute relating to steel production.

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GAILLARD EMMANUEL

legal theory of international arbitration gaillard emmanuel

Bookmark Author Subjects ; ; Summary International arbitration readily lends itself to a legal theory analysis. Dispute relating to a mining concession. Both French and English texts are available from, The Netherlands. The present work, based on a Course given at The Hague Academy of International Law in the Summer 2007, identifies the philosophical postulates that underlie this field of study and shows their profound coherence and the practical consequences that follow from these postulates in the resolution of international disputes. Dispute arising out of the construction of a dam.

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Legal Theory of International Arbitration

legal theory of international arbitration gaillard emmanuel

No obvious damage to the cover, with the dust jacket if applicable included for hard covers. The present work, based on a Course given at The Hague Academy of International Law in the Summer 2007, identifies the philosophical postulates that underlie this field of study and shows their profound coherence and the practical consequences that follow from these postulates in the resolution of international disputes. Similarly essential are the questions of legitimacy raised by the parties freedom to favor a private form of dispute resolution over national courts, to choose their judges, to tailor the procedure and to choose the applicable rules of law, and by the arbitrators freedom to determine their own jurisdiction, to shape the conduct of the proceedings and to choose the rules applicable to the dispute. Co-author of a leading treatise in the field Fouchard Gaillard Goldman On International Commercial Arbitration , he authored the first published essay on the legal theory of international arbitration. A reading is therefore highly recommended for all arbitration practitioners.

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Gaillard, Emmanuel

legal theory of international arbitration gaillard emmanuel

Similarly essential are the questions of legitimacy raised by the parties' freedom to favor a private form of dispute resolution over national courts, to choose their judges, to tailor the procedure as they deem appropriate, and to determine the rules of law that will govern the dispute even where the chosen rules are not those of a given legal system, as well as by the arbitrators' freedom to determine their own jurisdiction, to shape the conduct of the proceedings and, in the absence of an agreement among the parties, to choose the rules applicable to the merits of the dispute. The fundamentally philosophical notions of autonomy and freedom are at the heart of its field of study. A reading is therefore highly recommended for all arbitration practitioners. Over the course of his career, Professor Emmanuel Gaillard has acted on many of the largest international disputes submitted to arbitration. Emmanuel Gaillard teaches and researches in the area of international commercial arbitration, international investment arbitration, and private international law.

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Legal Theory of International Arbitration : Emmanuel Gaillard : 9789004187146

legal theory of international arbitration gaillard emmanuel

The dispute arises from a purchase and sale agreement related to concession rights in two deepwater oil blocks off the coast of the African State. He has acted as counsel in over 300 international arbitrations, both commercial and investor-State, ad hoc and under all major international arbitrations Rules. Dispute relating to the renovation and development of a natural gas system. The E-mail message field is required. He speaks French and English. The dispute arose from an agreement for the construction of a nuclear power plant in Finland. Conciliation concerning a log production and processing enterprise.

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Legal Theory of International Arbitration : Emmanuel Gaillard : 9789004187146

legal theory of international arbitration gaillard emmanuel

The present work, based on a Course given at The Hague Academy of International Law in the Summer 2007, identifies the philosophical postulates that underlie this field of study and shows their profound coherence and the practical consequences that follow from these postulates in the resolution of international disputes. Emmanuel Gaillard is a Professor of Law at Sciences Po Law School in Paris and Visiting Professor of Law at Yale Law School. Review excerpts from the book on Scribd International arbitration readily lends itself to a legal theory analysis. In his book, Professor Gaillard identifies and discusses the principles at the heart of arbitration autonomy and freedom , examining the internal coherence and practical consequences of issues such as the freedom of the parties to choose a private means of dispute settlement over the jurisdiction of the state courts, to appoint individual arbitrators, to shape the procedure, to determine the law applicable to the substance of the dispute by referring to the legal system of a country or even to no legal system at all, as well as the freedom of the arbitrators to decide on their own jurisdiction and determine the procedure and the applicable law if the parties are silent. International arbitration readily lends itself to a legal theory analysis.

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