Book & eBook
Handbook of Uncitral Arbitration 4th Edition
Author:
Webster
Publication date:
2023-4-30
Quantity
HKD 4,992.00
Product details
Dispatched from overseas. Estimated delivery 3-6 weeks.
ISBN:
9780414100220
jurisdiction:
United Kingdom
"The Handbook is a comprehensive and in-depth analysis of UNCITRAL arbitration. As with the prior editions, this fourth edition of the Handbook of UNCITRAL Arbitration will provide an invaluable contribution to UNCITRAL arbitration."
Anna Joubin-Bret
Secretary, UNCITRAL
Director, International Trade Law Division United Nations
The Handbook of UNCITRAL Arbitration presents a practical, rule by rule guide to the UNCITRAL Arbitration Rules, offering in-depth commentary, analysis and support materials as used in both commercial and investment arbitration. It reviews each stage of the UNCITRAL arbitration process, from the arbitration clause, through the arbitral proceedings, to the award.
This highly anticipated fourth edition deals with the Rules as modified with the addition of the UNCITRAL Expedited Arbitration Rules that came into effect in September 2021.
International arbitration is evolving rapidly, and the Handbook provides an up-to-date analysis of key aspects of arbitration law applicable to UNCITRAL arbitration wherever conducted. It deals with issues such as:
The procedural issues for which a majority is required under art.33(1) of the Rules and those which the presiding arbitrator is entitled to decide on his or her own in the absence of a majority under art.33(2) of the Rules.
The obligations of collegiality within the Tribunal with respect to procedural decisions and awards.
The conduct of virtual procedural and substantive hearings, including case management conferences.
The due process issues relating to admission – or exclusion – of evidence and amendments to claims.
The role of the Appointing Authorities and in particular the role of the LCIA, ICC, SIAC and the Permanent Court of Arbitration.
The law applicable to the arbitration agreement. With a discussion of the varying and conflicting approaches reflected in Enka Insaat Ve Sanayi AS v. OOO Insurance Company Chubb & Ors [2020] UKSC 38 and Kabab-Ji SAL v Kout Food Group UK Supreme Court ([2021] UKSC 48 in the UK and Kabab-Ji in France (French Supreme Court Civ. 1iere of 28 September 2022)
The issue of joinder of non-signatories to an arbitration with particular reference to Dallah and Kabab-Ji (in the UK and France)
Whether the courts adopt a deferential or non-deferential approach to reviewing jurisdiction with reference in particular to the decisions in the UK and the USA.
Whether and how to challenge and arbitrator and the most recent challenge decisions, with an updated table of over 100 of such decisions.
The updated IBA Rules on the Taking of Evidence in International Arbitration as amended in 2020.
The US Supreme Court decision in ZF Automotive US, Inc. v. Luxshare, Ltd., 142 S.Ct. 2078 (2022) limiting the application of 28 USC §1782(a) regarding discovery in the United States in support of international arbitration.
The most recent approaches to interim measures, including security for costs.
The Handbook of UNCITRAL Arbitration is based on the author’s everyday practical experience in hundreds of arbitrations. It deals with the latest trends in international arbitration relating to issues such as the conduct of disclosure, the role of experts, the conduct of virtual hearings and other attempts to render international arbitration more expeditious and cost-effective.
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- 1. On Admiralty, the recent developments addressed include those on limitation and forum selection.
- 2. Recent developments on Economics Torts addressed include: (i) the abolition of the “fraud exception” to the availability of summary judgment; and (ii) the English Court of Appeal’s clarification in Racing Partnership Ltd v Done Brothers (Cash Betting) Ltd [2021] Ch 233 of the law on unlawful means conspiracy.
- 3. Key updates on Competition Law addressed include: (i) the position in competition cases between private parties (as dealt with by the Hong Kong Court of First Instance Taching Petroleum Co Ltd v Meyer Aluminium Ltd [2018] 2 HKLRD 1284); and (ii) refinements on investigation and enforcement, including Section 48 Warrants and Revised Leniency Policies.
- 4. On Insolvency and Bankruptcy are addressed, among other things, ground-breaking developments flowing from the Hong Kong Court of Final Appeals decision in Re Lam Kwok Hung Guy (2023) 26 HKCFAR 119.
List of contributors:
- Justice Kemal Bokhary (General Editor)
- Edward Alder
- John Choong
- Chan Yong Wei
- Justin Chow
- Tanie Toh
- Thomas Yeon
- Kenneth Lee
- Kristy KY Wong
- Lily Yeung
- Michael Kan
- Keith Brandt
- Hectar Pun SC
- Isabel Tam
- Emily Ting
- Kaiser Leung
- Tommy Cheung
- John Hui
- Ronald Tong
- Joanne Choy
- Billy Liu
- Joseph Chung
- Vivien Wong
- Kareena Teh
- Bryan O'Hare
- Pui Yip Leung
- Giovanna Kwong
- Kieran Humphrey
- Andrew Cobden
- Douglas Clark
- Anson Wong Yu Yat
- Teresa Wu
- Martin Lau
- Kyle Wombolt
- Jojo Fan
- Stephen Ku
- Edward KH Ng
- Michael Lok
- Terri Ha
- Wing So
Format
eBook
Price
(starting at)
HKD 4,782.60
HKD 5,314.00
Goff & Jones on Unjust Enrichment 10th Edition
2022-12-16
Goff & Jones is the leading work on the law of unjust enrichment. Successive editions have played a major role in establishing the central importance of the subject for private and commercial lawyers and developing its key concepts and principles. The text is comprehensive in coverage and written by highly respected scholars who explain all of the rules governing claims in unjust enrichment and discuss how these have been applied through detailed examination of the case-law. The book is frequently cited in courts throughout the Commonwealth and continues to signpost future developments in the field.
The new 10th edition is completely up-to-date and contains detailed discussion of important decisions since the last edition. Several chapters have been wholly or substantially rewritten to take account of significant new cases, and their impact on topics including the recovery of benefits from remote recipients, the recovery of benefits transferred on a condition that fails, the recovery of ultra vires payments by public bodies, the limitation rules governing claims in unjust enrichment and interest awards on such claims.
The 10th edition deals with the following six key matters in relation to making a claim:
Explains how a claim in unjust enrichment can be precluded where a defendant’s enrichment is mandated by a statute, judgment, natural obligation, or contract
Analyses the principles governing the identification and valuation of enrichment, and explains how these apply to claims for different types of benefit
Considers the requirement that a defendant’s gain has been acquired at the claimant’s expense
Discusses the different grounds for restitution: lack of consent and want of authority; mistake; duress; undue influence and unconscionable bargains; failure of basis; free acceptance; necessity; secondary liability; ultra vires receipts and payments by public bodies; etc
Examines defences including change of position; ministerial receipt; bona fide purchase; estoppel; counter-restitution impossible; passing on; limitation; legal incapacity; illegality
Details the personal and proprietary remedies for unjust enrichment
Format
Printed Book
Price
(starting at)
HKD 5,460.00
Goff & Jones on Unjust Enrichment 10th Edition
2022-12-16Mitchell
Goff & Jones is the leading work on the law of unjust enrichment. Successive editions have played a major role in establishing the central importance of the subject for private and commercial lawyers and developing its key concepts and principles. The text is comprehensive in coverage and written by highly respected scholars who explain all of the rules governing claims in unjust enrichment and discuss how these have been applied through detailed examination of the case-law. The book is frequently cited in courts throughout the Commonwealth and continues to signpost future developments in the field.
The new 10th edition is completely up-to-date and contains detailed discussion of important decisions since the last edition. Several chapters have been wholly or substantially rewritten to take account of significant new cases, and their impact on topics including the recovery of benefits from remote recipients, the recovery of benefits transferred on a condition that fails, the recovery of ultra vires payments by public bodies, the limitation rules governing claims in unjust enrichment and interest awards on such claims.
The 10th edition deals with the following six key matters in relation to making a claim:
Explains how a claim in unjust enrichment can be precluded where a defendant’s enrichment is mandated by a statute, judgment, natural obligation, or contract
Analyses the principles governing the identification and valuation of enrichment, and explains how these apply to claims for different types of benefit
Considers the requirement that a defendant’s gain has been acquired at the claimant’s expense
Discusses the different grounds for restitution: lack of consent and want of authority; mistake; duress; undue influence and unconscionable bargains; failure of basis; free acceptance; necessity; secondary liability; ultra vires receipts and payments by public bodies; etc
Examines defences including change of position; ministerial receipt; bona fide purchase; estoppel; counter-restitution impossible; passing on; limitation; legal incapacity; illegality
Details the personal and proprietary remedies for unjust enrichment
Format
Book & eBook
Price
(starting at)
HKD 7,092.00