International Construction Arbitration Law

Transcription

1 International Construction Arbitration Law Second Revised Edition 0. Wolters Kluwer byjanejenkins There is probably no area of activity more in need of reliable dispute resolution procedures than construction projects, especially if more than one jurisdiction is involved. The second edition of this eminently practical guide greatly facilitates the process for all parties concerned. The text, now updated to include the latest edition of arbitral rules, considers the full range of available dispute resolution methods, including mediation, conciliation, and (increasingly common in international construction disputes) determination by dispute review boards or expert panels, before focusing specifically on arbitration. The book then looks in detail at all aspects of arbitration, from commencement of proceedings, through preparation and collection of the evidence necessary in complex construction cases, to common procedural issues, the conduct of the hearing, the effect of the award, challenges to it and its enforcement. Specific valuable features include the following: guidance on drafting of dispute resolution provisions designed to minimise disputes and facilitate their swift resolution; flowcharts to illustrate the stages in dispute procedures and arbitration; a comparison between common law and civil law approaches to key concepts; details of the key features of a construction contract and common standard forms; expert guidance on effective contract administration; step-by-step advice on the conduct of a construction arbitration; and coverage of particular issues thrown up by complex construction disputes which differentiate them from other commercial disputes, with guidelines on how to approach such issues in the presentation before a tribunal. As an easy-to-use resource for both general counsel and the lawyers in private practice, this book has no peers. It has proved to be of particular value to commercial contract negotiators and corporate counsel who may have many years of experience but have not had to live through a construction dispute or manage a construction contract during the life of a project. Lawyers in private practice embarking on a construction dispute for the first time will also find this book of value, as will students of dispute resolution. November 2013,440 pp. Hardcover ISBN: Price: EUR / USD / GBP Arbitration in Context Series Kluwer Law International HOW TO ORDER: [email protected] Online:

2 Investment Protection in Brazil ift Wolters Kluwer by Daniel de Andrade Levy, Ana Gerdau de Borja & Adriana Noemi Pucci Although it has been ranked the fourth largest destination for foreign direct investment (FDI) in the world, Brazil seems to take a different path on the subject if compared to other countries which are instead parties to bilateral, regional and/or multilateral investment treaties. Hence, Brazilian companies investing abroad normally act without the protection of the FDI system. Considering the country's widely acclaimed "arrival" into the small family of the world's major trading nations, the question of Brazil's entry in the international FDI system - not only as an incentive to the inflow of foreign investment, but also to protect the investments of its national companies abroad - has become a hotly debated issue. This timely book, with its incisive reports on all important aspects of the matter, tackle this subject with prodigious knowledge and insight. With detailed analysis of investment-related legislation, including different legal and regulatory models, as well the examination of peculiarities of highly specialized industries present in Brazil, the authors cover such aspects as the following: investment in infrastructure, social areas such as education and health, commodities, and the oil and gas sector; to what extent expropriation under Brazilian law resembles the international standard of protection; political implications of Brazil's FDI stance with regard to the balance of interest within the Latin American region; foreign investment in light of the principle of national treatment; enforceability of arbitration agreements vis-a-vis the state, state entities, and state-owned companies; conflicts of jurisdiction between state courts and arbitral tribunals; arbitration involving companies in liquidation and reorganization proceedings; public-partnership contracts; and investment-related aspects of human rights and intellectual property rights. Showing, to a significant extent, that Brazil in fact enjoys a stable legal system which grants foreign direct investment the same material and procedural rights as national direct investment, the contributors to this book provide a truly informative and useful guide for those who work with law and policy in international investment. "It is of very great interest for the international arbitration community. Not only by the quality of its contributors, but also because it poses the right questions at the right time." - From the Foreword by Mr. Yves Derain "A praiseworthy initiative by the CBAr Investment Arbitration Croup and, particularly, by its coordinators." - From the Foreword by Professor Arnoldo Wald "The authors of the present publication have competently accomplished the task of writing about the subject, providing the reader with quality material, thus bringing an important and necessary contribution to those who study and act in the field."-from the Foreword by Professor LuizOlavo Baptista November 2013,328 pp. Hardcover ISBN: Price: EUR / USD / GBP Kluwer Law International HOW TO ORDER: [email protected] Online:

3 Library Recommendation Card Use this card to recommend that your library subscribe to Arbitration International ROUTE VIA INTERDEPARTMENTAL MAIL To: The Serials Librarian at Fr: Dept: Title: Phone: I recommend that our library carry a subscription for Arbitration International (ISSN , published by Kluwer Law International). The subscription price for 2014, volume 30 is Print subscription prices: EUR 651 /USD 868/GBP 478 Online subscription prices: EUR 603/USD 804/GBP 443 (covers two concurrent users) This journal is also available online; please contact our sales department for further information at +31 (0) or at [email protected]. Signature: date: ORDER FROM: Kluwer Law International c/o Turpin Distribution Services Ltd. Stratton Business Park Pegasus Drive Biggleswade Bedfordshire SG18 8TQ» United Kingdom Wolters Kluwer

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7 LCIA FORTHCOMING EVENTS ABU DHABI, UAE, 13 MARCH 2014 Symposium jointly hosted by the LCIA Arab Users' Council and DIFC-LCIA A one-day symposium. MIAMI, USA, 5 APRIL 2014 LCIA North American Users' Council Symposium A one-day symposium preceding the 2014 ICCA Congress. YIAG TYLNEY HALL, UK, 9 MAY 2014 Young International Arbitration Group Symposium A half-day symposium preceding the LCIA European Users' Council Symposium. TYLNEY HALL, UK, 9-11 MAY 2014 LCIA European Users' Council Symposium A two-day symposium. KAMPALA, UGANDA, JUNE 2014 LCIA African Users' Council Symposium A one-and-a-half day symposium. YIAG TYLNEY HALL, UK, 12 SEPTEMBER 2014 Young International Arbitration Group Symposium A half-day symposium preceding the LCIA European Users' Council Symposium. TYLNEY HALL, UK, SEPTEMBER 2014 LCIA European Users' Council Symposium A two-day symposium. TOKYO, JAPAN, OCTOBER 2014 LCIA Asia Pacific Users' Council Symposium A one-day symposium preceding The IBA Annual Conference, hosted in Tokyo from October. f* 1 1 /V For further information please visit the LCIA website or the LCIA / [email protected] rbitration and ADR worldwide

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