
This book provides the only specialist work on the arbitration of international financial disputes. The work covers commercial and investment arbitrations and considers the merits of and relationship between the various types of dispute resolution (mediation, arbitration and litigation). International arbitration is a growth area and financial disputes have been a consequence of the financial crisis. The need for more specialist knowledge during the conduct of disputes involving complex financial instruments has become particularly apparent in recent years. This book explains the various financial products including debt and equity instruments, currencies, commodities, derivatives and Islamic instruments and provides guidance on how to draft arbitration clauses with these products in mind. In the part on theories of liability, the issues of applicable law, expropriation, discrimination, fair and equitable treatment, and umbrella clauses are explained. There are separate chapters on remedies and choice of law, in addition to the more procedural aspects of enforcement and expert witness. The interplay between mediation and arbitration is analysed and explained. This is a key reference tool for all practising lawyers and arbitrators advising on disputes where financial products are involved. Drawing together some of the leading names in this specialist field the work provides some of the best and most recent analysis of law and practice relevant to such disputes.
This book investigates the specialized legal frameworks and procedural requirements necessary for resolving complex international financial disputes through arbitration and mediation. Edited by Carolyn Lamm and Jeffrey Golden, the text synthesizes contributions from leading practitioners to address the intersection of financial instrument complexity and international dispute resolution. It provides a comprehensive framework for legal professionals to navigate the nuances of commercial and investment arbitrations in the wake of global financial instability.
What You Will Find
Scope Limits
Legal practitioners and arbitrators identify this work as a foundational reference for handling disputes involving sophisticated financial instruments. Experts frequently highlight the text for its practical utility in bridging the gap between complex financial theory and formal arbitration procedure.
Page Count:
592
Publication Date:
2015-01-01
Publisher:
OUP Oxford
ISBN-10:
0191511692
ISBN-13:
9780191511691
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