Due Process as a Limit to Discretion in International Commercial Arbitration - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Due Process as a Limit to Discretion in International Commercial Arbitration write by Franco Ferrari. This book was released on 2020-09-25. Due Process as a Limit to Discretion in International Commercial Arbitration available in PDF, EPUB and Kindle. The absence of a coherent body of case law on due process has increasingly motivated recalcitrant parties to use due process as a strategic tool, thereby putting at risk the prospect of obtaining an enforceable award in expeditious proceedings. Countering this inherent danger, here for the first time is a comprehensive study on due process as a limit to arbitral discretion, showing how due process applies in practice in key jurisdictions around the world. Based on country reports prepared by leading arbitration practitioners and academics, the book explores how courts in major arbitration jurisdictions apply due process guarantees when performing their post-award review. The contributors, driven by an interest in exploring the interplay between due process and efficiency, focus on those due process guarantees that set limits to arbitral discretion. Matters covered include the following: the right to be heard and how it may be affected by submission deadlines, evidentiary offers by the opposing party, and directions to the parties as to which aspects require further pleading; the right to be treated equally and its interplay with the duty to give each party full opportunity to present its case and to comment on submissions and evidence filed by the other party; the duty to effect proper notice, including delivery and language issues; the independence and impartiality of arbitrators with a focus on when an arbitrator’s conduct can become the basis for a successful challenge; and courts’ standards of deference when examining issues arising at the post-award stage. An introductory general report thoroughly analyses the normative basis of due process and its interplay with party autonomy, as well as applicable standards of review and commonalities among manifestations of due process across jurisdictions. A signal contribution to the debate regarding the so-called due process paranoia affecting arbitral tribunals – a topic relevant in every single arbitration proceeding – this book provides practical guidelines on how to maintain the balance between due process and efficiency and how to apply due process and counteract its misuse in arbitration proceedings. It will be welcomed by counsel, arbitrators, and judges from all countries, as well as by academics and researchers concerned with international commercial arbitration.
Due Process
Due Process - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Due Process write by Scott Pratt. This book was released on 2021-05-19. Due Process available in PDF, EPUB and Kindle. An Amazon Top 20 bestseller.***Each Joe Dillard novel can be read as a standalone.***A young exotic dancer claims she was sexually assaulted at a party thrown by a university football team.Three players stand accused.In the ninth installment of the best-selling Joe Dillard series, Dillard finds himself defending one of the players accused of assaulting the young woman. The case receives national attention, quickly escalating into a platform for deep-seeded division and hatred. It also ensnares Dillard, along with his son, Jack, and Charleston Story into a web of lies and deceit spun by a mysterious figure with a hidden agenda.Meanwhile, his wife, Caroline, continues her fight against metastatic breast cancer, and his sister, Sarah, comes back into the picture. Culminating in a courtroom scene worthy of Perry Mason, Dillard must take on one of the most difficult cases of his career. Will justice prevail? Or will the weight of the criminal justice system grind Joe and his client to dust?"Pratt's richly developed characters are vivid and believable, especially the strong Southern women who fight their male-dominated culture from behind a facade of vulnerability." -Publishers Weekly
The Due Process of Law
The Due Process of Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Due Process of Law write by Alfred Thompson Denning Baron Denning. This book was released on 1980-01-01. The Due Process of Law available in PDF, EPUB and Kindle. Two central themes run through this book. The first is the workings of the various 'measures authorised by the law so as to keep the streams of justice pure', and the second is the recent development of family law, focusing particularly on Lord Denning's contribution to the law of husband and wife.
The Arc of Due Process in American Constitutional Law
The Arc of Due Process in American Constitutional Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Arc of Due Process in American Constitutional Law write by E. Thomas Sullivan. This book was released on 2013-07-04. The Arc of Due Process in American Constitutional Law available in PDF, EPUB and Kindle. In The Arc of Due Process in American Constitutional Law, Sullivan and Massaro identify the historical underpinnings of due process while describing the evolution of the American due process doctrine.
Constructing Basic Liberties
Constructing Basic Liberties - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Constructing Basic Liberties write by James E. Fleming. This book was released on 2022-08-30. Constructing Basic Liberties available in PDF, EPUB and Kindle. A strong and lively defense of substantive due process. From reproductive rights to marriage for same-sex couples, many of our basic liberties owe their protection to landmark Supreme Court decisions that have hinged on the doctrine of substantive due process. This doctrine is controversial—a battleground for opposing views around the relationship between law and morality in circumstances of moral pluralism—and is deeply vulnerable today. Against recurring charges that the practice of substantive due process is dangerously indeterminate and irredeemably undemocratic, Constructing Basic Liberties reveals the underlying coherence and structure of substantive due process and defends it as integral to our constitutional democracy. Reviewing the development of the doctrine over the last half-century, James E. Fleming rebuts popular arguments against substantive due process and shows that the Supreme Court has constructed basic liberties through common law constitutional interpretation: reasoning by analogy from one case to the next and making complex normative judgments about what basic liberties are significant for personal self-government. Elaborating key distinctions and tools for interpretation, Fleming makes a powerful case that substantive due process is a worthy practice that is based on the best understanding of our constitutional commitments to protecting ordered liberty and securing the status and benefits of equal citizenship for all.
