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The WTO, the Internet and Trade in Digital Products: EC-US Perspectives (Studies in International Trade and Investment Law)
by Sacha Wunsch-VincentThe rapid development of the Internet has led to a growing potential for electronic trade in digital content like movies, music and software. As a result, there is a need for a global trade framework applicable to such digitally-delivered content products. Yet, digital trade is currently not explicitly recognised by the trade rules and obligations of the World Trade Organization (WTO). This study provides a complete analysis of the related challenges in the ongoing WTO Doha Negotiations to remedy this state of affairs. It elaborates on the required measures in the multilateral negotiations to achieve market access for digital content and examines the obstacles that lie on the path to reach consensus between the United States and the European Communities. Negotiation parameters analysed include the current US and EC regulatory approach to audiovisual and information society services and the evolution of their applicable trade policy jurisdiction. Finally, this examination takes stock of how the Doha Negotiations and parallel US-driven preferential trade agreement have so far contributed to securing free trade in digital content.As new technologies are an increasingly prominent source of trade dispute, this book is an assessment of how WTO Members can maintain the relevance of the multilateral trade framework in a changing technological and economic environment."This important work highlights the missed opportunity in on-going global trade talks -- the failure to pursue a free trade framework for digitally delivered content. If not corrected, one can readily imagine the rise of discriminatory barriers to digital trade of the type that have dogged global trade flows for years, and a failed recognition by the WTO of the reality of modern commerce. The WTO should, as the author argues, put a "spotlight" on electronic trade, and move forward in a comprehensive fashion."Ambassador Charlene Barshefsky, Former United States Trade Representative "Wunsch-Vincent provides a comprehensive analysis of the challenges to establish a liberal trade regime for trade in digital products. This book will become an important point-of-reference for anybody interested in e-commerce and the WTO."Carlos A. Primo Braga, Senior Adviser, International Trade Department, The World Bank
WTO Trade Remedies in International Law: Their Role and Place in a Fragmented International Legal System (Routledge Research in International Economic Law)
by Roberto SopranoWorld Trade Organisation (WTO) trade remedies (antidumping, anti-subsidy and safeguard agreements) are instruments used by WTO members to counter the economic injury caused by dumping, subsidies and the sudden and unforeseen increased imports. They are exceptions to the WTO principle of free trade and to the prohibition for States to react unilaterally to protect their own rights and interests, and as a result they have been accused by some as being the new tools of protectionism. This book analyses of the role and principles of WTO trade remedies in international law. In particular, it focuses on their aims, their structure, and their position within the WTO and more in general, the international legal system. The book considers trade remedies in light of fragmentation theories of international law and addresses the question how, and to what extent WTO law reflects and influences public international law.
WTO Trade Remedies in International Law: Their Role and Place in a Fragmented International Legal System (Routledge Research in International Economic Law)
by Roberto SopranoWorld Trade Organisation (WTO) trade remedies (antidumping, anti-subsidy and safeguard agreements) are instruments used by WTO members to counter the economic injury caused by dumping, subsidies and the sudden and unforeseen increased imports. They are exceptions to the WTO principle of free trade and to the prohibition for States to react unilaterally to protect their own rights and interests, and as a result they have been accused by some as being the new tools of protectionism. This book analyses of the role and principles of WTO trade remedies in international law. In particular, it focuses on their aims, their structure, and their position within the WTO and more in general, the international legal system. The book considers trade remedies in light of fragmentation theories of international law and addresses the question how, and to what extent WTO law reflects and influences public international law.
The WTO Transit Regime for Landlocked Countries and its Impacts on Members’ Regional Transit Agreements: The Case of Afghanistan’s Transit Trade with Pakistan (European Yearbook of International Economic Law #17)
by Suhailah AkbariThis book assesses Afghanistan’s transit trade with Pakistan in the context of WTO transit regime for landlocked countries and its impacts on Members’ regional transit agreements. The key questions this book seeks to answer are the extent Afghanistan can benefit from WTO transit rules in demanding freedom of transit through the territory of Pakistan, how these rules influence the transit agreement concluded between Afghanistan and Pakistan, and finally how useful it would be to challenge Pakistan under the WTO dispute settlement system for its failure to provide Afghanistan freedom of transit and free access to and from the sea.
Würde, Recht und Anspruch des Ungeborenen: Klausur- und Arbeitstagung
by Prof. Dr. Berg Prof. Dr. Hepp Prof. Dr. Pfeiffer Prof. Dr. Wuermeling
Wyatt and Dashwood's European Union Law
by Alan Dashwood Michael Dougan Barry J Rodger Eleanor Spaventa Derrick WyattFirst published 30 years ago, Wyatt and Dashwood's European Union Law was a landmark publication, designed and written for students taking degree level courses in EU law. In the intervening years new editions have appeared at regular intervals, firmly establishing the book as a reliable and authoritative text. Besides introducing generations of students to the intricacies of European law it has also been increasingly relied upon by scholars, practitioners and the courts as a valuable source of reference on this complex and ever-expanding body of law. While the book cannot cover every aspect of the subject matter, it nevertheless offers comprehensive coverage of those aspects of EU law most commonly studied at degree level. Part I introduces the history and foundations of the Union's primary law. Part II looks at the Union's institutions, decision-making procedures and competences. It also deals with the Union judiciary, focusing on direct actions before the Union courts and preliminary references from national courts. The constitutional fundamentals of direct effect and supremacy, effective judicial protection before national courts, general principles of Union law and the Charter of Fundamental Rights are dealt with in Part III. Part IV covers the internal market: free movement of goods, Union citizenship, workers, establishment and services, the services directive, mutual recognition of qualifications, corporate establishment and company law harmonisation. Part V deals with competition law: Articles 101 and 102 TFEU, the enforcement of Union competition rules and other related competition law issues. Part VI then includes a brand new chapter concerned with the EU's external relations, together with treatment of the legal effects of international agreements entered into by the EU. As with previous editions the aim is to provide an accurate, critical, pragmatic and original account of the subject, at times also offering unique insiders' insights. The book holds to its reputation as being both broad and profound, the ideal foundation for gaining a deep understanding of EU law. This edition reflects the law post-Lisbon. It has also been re-structured and re-designed, so as to facilitate ease-of-use. Its original authors, Derrick Wyatt and Alan Dashwood, continue to make a significant contribution. Michael Dougan, Eleanor Spaventa and Barry Rodger complete the team of authors working on this invaluable textbook and reference work.The 6th edition has already been cited in the Northern Ireland High Court by The Honourable Mr. Justice Bernard McCloskey [2011] NIQB 61.
Wyatt And Dashwood's European Union Law
by Alan Dashwood Michael Dougan Barry Rodger Eleanor Spaventa Derrick WyattFirst published 30 years ago, Wyatt and Dashwood's European Union Law was a landmark publication, designed and written for students taking degree level courses in EU law. In the intervening years new editions have appeared at regular intervals, firmly establishing the book as a reliable and authoritative text. Besides introducing generations of students to the intricacies of European law it has also been increasingly relied upon by scholars, practitioners and the courts as a valuable source of reference on this complex and ever-expanding body of law. While the book cannot cover every aspect of the subject matter, it nevertheless offers comprehensive coverage of those aspects of EU law most commonly studied at degree level. Part I introduces the history and foundations of the Union's primary law. Part II looks at the Union's institutions, decision-making procedures and competences. It also deals with the Union judiciary, focusing on direct actions before the Union courts and preliminary references from national courts. The constitutional fundamentals of direct effect and supremacy, effective judicial protection before national courts, general principles of Union law and the Charter of Fundamental Rights are dealt with in Part III. Part IV covers the internal market: free movement of goods, Union citizenship, workers, establishment and services, the services directive, mutual recognition of qualifications, corporate establishment and company law harmonisation. Part V deals with competition law: Articles 101 and 102 TFEU, the enforcement of Union competition rules and other related competition law issues. Part VI then includes a brand new chapter concerned with the EU's external relations, together with treatment of the legal effects of international agreements entered into by the EU. As with previous editions the aim is to provide an accurate, critical, pragmatic and original account of the subject, at times also offering unique insiders' insights. The book holds to its reputation as being both broad and profound, the ideal foundation for gaining a deep understanding of EU law. This edition reflects the law post-Lisbon. It has also been re-structured and re-designed, so as to facilitate ease-of-use. Its original authors, Derrick Wyatt and Alan Dashwood, continue to make a significant contribution. Michael Dougan, Eleanor Spaventa and Barry Rodger complete the team of authors working on this invaluable textbook and reference work. The 6th edition has already been cited in the Northern Ireland High Court by The Honourable Mr. Justice Bernard McCloskey [2011] NIQB 61.
The Wychford Poisoning Case: A Detective Story Club Classic Crime Novel (Detective Club Crime Classics)
by Anthony BerkeleyOne of the earliest psychological crime novels, back in print after more than 80 years.
Wylie on Irish Land Law
by J C WylieWritten with both legal students and practitioners in mind, this highly specialist book is widely recognised as the definitive guide to Irish land law. Comprehensive and clear, this title not only covers the subject of Irish land law with depth and detail, it also offers invaluable information on equity, trusts and succession. It is regularly cited as authoritative by Irish judges at the highest level. Irish Land Law joins with John Wylie's other extensive work in conveyancing law and landlord and tenant law to cement Wylie's place as one the most esteemed authors in Irish property law. His other titles include Landlord and Tenant Law and Irish Conveyancing Law. Includes the following developments in case law:· Enforcement of mortgage debts and security for loans, including the impact of the Central Bank and Consumer Protection Codes and personal insolvency legislation.· Rules governing appointment of receivers and their duties and powers, including appointment of court receivers by way of equitable execution.· Operation of NAMA, its duties and powers.· Acquisition of public rights of way and of easements by prescription.· Enforcement of judgment mortgages and vacation of lites pendentes.· Adverse possession.· Nature of a licence coupled with an interest and right of residence.· Rules governing validity and construction of wills· Court powers to remove personal representatives and claims against a deceased person's estate. In addition, the new edition incorporates reference to new legislation, such as the Residential Tenancies (Amendment) Acts 2015, 2016 and 2019; Personal Insolvency (Amendment) Act 2015 and Land and Conveyancing Law Reform Act 2019. This title will naturally be of great use to solicitors, barristers, students of land law and government departments. However, it will also be of interest to property consultants, real estate agents and financial institutions.
Wylie on Irish Landlord and Tenant Law
by J C WylieThis fourth edition comprehensively deals with all aspects of landlord and tenant law, both commercial and residential. It provides essential guidance for all practitioners who advise on this area of law. The book covers everything from the basics (such as explaining the nature of the relationship between landlord and tenant) to more complex matters such as when disputes arise, and the controversial subjects of rent reviews and guarantees.In this new edition the following is covered in detail for the first time: LEGISLATION Residential Tenancies (Amendment) Act 2015 Planning and Development (Housing) and Residential Tenancies Act 2016 Landlord and Tenant (Ground Rents) (Amendment) Act 2019 Housing (Standards for Rented Houses) Regulations 2017 COURT PROCEDURE Circuit Court Rules (Jurisdiction) 2017 District Court (Residential Tenancies) Rules 2018 District Court (Enforcement of Orders) Rules 2020 The fourth edition also analyses recent cases on many aspects of the law, including agreements for leases, notices to quit, application of European Convention on Human Rights, operation of Residential Tenancies Acts, forfeiture, repairing obligations, construction of leases, set-off against rent, new tenancy rights, Keep Open clauses, user covenants and restraint of trade, role and jurisdiction of experts, tenant insolvency and examinership, turnover rents, surrender by operation of law, ejectment proceedings, renunciations, quiet enjoyment and derogation from grant, Circuit Court jurisdiction, acquisition of the freehold and withholding consent to assignment.Wylie on Irish Landlord and Tenant Law has long been recognised as the definitive work on this area of law.
The Wyoming State Constitution (Oxford Commentaries on the State Constitutions of the United States)
by Robert B. KeiterIn The Wyoming State Constitution, Robert B. Keiter provides a comprehensive guide to Wyoming's colorful constitutional history. Featuring an outstanding analysis of the state's governing charter, the book includes an in-depth, section-by-section analysis of the entire constitution, detailing important changes that have been made since its initial drafting. This treatment, which includes a list of cases, index, and bibliography, makes this guide indispensable for students, scholars, and practitioners of Wyoming's constitution. The second edition contains an up-to-date analysis of the Wyoming Supreme Court's constitutional decisions, new state constitutional amendments and Supreme Court decisions since 1992. Also included is new material explaining how the Wyoming Supreme Court goes about interpreting the state constitution. The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research. Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.
WYOMING STATE CONSTITUTION COTUS 2E C (Oxford Commentaries on the State Constitutions of the United States)
by Robert B. KeiterIn The Wyoming State Constitution, Robert B. Keiter provides a comprehensive guide to Wyoming's colorful constitutional history. Featuring an outstanding analysis of the state's governing charter, the book includes an in-depth, section-by-section analysis of the entire constitution, detailing important changes that have been made since its initial drafting. This treatment, which includes a list of cases, index, and bibliography, makes this guide indispensable for students, scholars, and practitioners of Wyoming's constitution. The second edition contains an up-to-date analysis of the Wyoming Supreme Court's constitutional decisions, new state constitutional amendments and Supreme Court decisions since 1992. Also included is new material explaining how the Wyoming Supreme Court goes about interpreting the state constitution. The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research. Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.
Xeno: The Promise of Transplanting Animal Organs into Humans
by David K. Cooper Robert P. LanzaThe plight of a patient waiting months, sometimes years, for an organ transplant is one of the most heart-wrenching predicaments confronting medicine today. But the current critical shortage of human donor organs has had one positive consequence: it has stimulated promising new research into the field of xenotransplantation--the transplantation of organs from one animal species to another. In Xeno: The Promise of Transplanting Animal Organs Into Humans, David Cooper and Robert Lanza explore what may become one of the greatest medical advances of the 21st century. As scientists genetically engineer animal organs to evade the problems of rejection, we can expect a tremendous increase in xenotransplantation. This book recounts the several historical attempts to transplant animal organs into humans, and draws attention to the immense potential and promise of this form of therapy. The problems which remain, and recent breakthroughs in overcoming rejection and in "humanizing" pig organs for transplantation, are fully discussed. The authors also provide a fascinating consideration of the social and ethical questions posed by such procedures. Which patients should be the first to be offered this new form of therapy? Will transplanted animal organs transfer infectious viruses to the human recipient, and will they then be passed on to the community at large? Can society afford the major increase in healthcare expenditure that will result from our ability to provide a limitless number of donor organs? With profound implications for human health and longevity in the next millennium, Xeno is essential reading for anyone interested in the future of medicine.
Xenotransplantation: Law and Ethics (Routledge Revivals)
by Sheila A. McLeanOriginally published in 2005. One of the leading causes of death is organ failure, that is, when one or other of the organs that run the machine we call the body gives out. However, whereas with a machine spare parts can usually replace faulty parts, in the case of humans the supply of these is limited as it is dependent on organs being obtained from living or dead donors. Due to the limitations of supply, increasing attention is being paid to alternative schemes for obtaining organs. One of these possibilities is xenotransplantation: using organs from animals. In this book, the authors examine the legal and ethical issues surrounding xenotransplantation and consider the implications for the future. As they point out, xenotransplantation represents a major deviation from standard medical practice and the possibility of transplantation of large segments of tissue, or whole organs, from animals into humans poses an entirely novel set of considerations - ethical, legal and scientific - which it is necessary to evaluate and understand.
Xenotransplantation: Law and Ethics (Routledge Revivals)
by Sheila A. McLeanOriginally published in 2005. One of the leading causes of death is organ failure, that is, when one or other of the organs that run the machine we call the body gives out. However, whereas with a machine spare parts can usually replace faulty parts, in the case of humans the supply of these is limited as it is dependent on organs being obtained from living or dead donors. Due to the limitations of supply, increasing attention is being paid to alternative schemes for obtaining organs. One of these possibilities is xenotransplantation: using organs from animals. In this book, the authors examine the legal and ethical issues surrounding xenotransplantation and consider the implications for the future. As they point out, xenotransplantation represents a major deviation from standard medical practice and the possibility of transplantation of large segments of tissue, or whole organs, from animals into humans poses an entirely novel set of considerations - ethical, legal and scientific - which it is necessary to evaluate and understand.
Xenotransplantation: Basic Research and Clinical Applications
by Jeffrey L. PlattInternationally recognized scientists, clinicians, and technologists review and explain the fundamental molecular and cellular biology that has been applied to the emerging field of transplant immunology and xenotransplantation, and what impact these advances might optimally have on medicine and science. The authoritative experts writing here-many of whom made the basic discoveries underlying the recent advances-examine the biological and immunological hurdles to xenotransplantation, illuminating how the immune system interacts with the xenograft and laying a practical foundation for the use of genetic engineering and animal transplants in the treatment of human disease.
Xenotransplantation von Zellen, Geweben oder Organen: Wissenschaftliche Entwicklungen und ethisch-rechtliche Implikationen (Ethics of Science and Technology Assessment #8)
by J.P. Beckmann G. Brem F.W. Eigler W. Günzburg C. Hammer W. Müller-Ruchholtz E.M. Neumann-Held H.-L. Schreiber
The Yale Law School Guide to Research in American Legal History (Yale Law Library Series in Legal History and Reference)
by John B. Nann Morris L. CohenThe study of legal history has a broad application that extends well beyond the interests of legal historians. An attorney arguing a case today may need to cite cases that are decades or even centuries old, and historians studying political or cultural history often encounter legal issues that affect their main subjects. Both groups need to understand the laws and legal practices of past eras. This essential reference is intended for the many nonspecialists who need to enter this arcane and often tricky area of research.
The Year of Dangerous Loving
by John Gordon DavisAn enthralling tale of courtroom drama, blackmail and high adventure in Hong Kong in the last year of British rule, from the bestselling author of Hold My Hand I’m Dying and Roots of Outrage.
The Year We Disappeared: A Father - Daughter Memoir
by Cylin Busby John BusbyWhen Cylin Busby was nine years old, she was obsessed with the Muppets and her pet turtle. Then everything changed. Her police officer father, John, was driving to work when someone levelled a shotgun at his window. The blasts that followed left him clinging to life, yet he managed to write down the name of the only person he thought could have pulled the trigger.John Busby was scheduled to testify in an upcoming trial against the family of a local criminal with rumoured mob connections. It became clear that there was a definite suspect. Overnight, the Busbys went from being an average family to one under 24-hour armed protection, with police escorts to school and no contact with friends. Worse, the gunman was still on the loose, and it seemed only a matter of time before he would come after John again - or someone else in the family! With few choices left, the Busby family went into hiding, severing all ties to the only life they had ever known.This hard-hitting, graphic and compelling account of Cylin's family's escape from the mob is ultimately a story of survival and triumph.
The Year We Disappeared: A Father - Daughter Memoir
by Cylin Busby John BusbyWhen Cylin Busby was nine years old, she was obsessed with Izod clothing, the Muppets, and a box turtle she kept in a shoebox. Then everything changed overnight. Her police officer father, John, was driving to his shift when someone leveled a shotgun at his window. The blasts that followed left John's jaw on the passenger seat of his car-literally. While clinging to life, he managed to write down the name of the only person he thought could have pulled the trigger. The suspect? A local ex-con with rumored mob connections. The motive? Officer Busby was scheduled to testify against the suspect's family in an upcoming trial. Overnight, the Busbys went from being the "family next door" to one under 24-hour armed guard, with police escorts to school, and no contact with friends. Worse, the shooter was still on the loose, and it seemed only a matter of time before he'd come after John-or someone else in the family-again. With few choices left to them, the Busby family went into hiding, severing all ties to the only life they had known.
Yearbook Commercial Arbitration Vol XXXIII 2008: Commercial Arbitration
by Albert Jan Van Den BergThe Yearbook Commercial Arbitration continues its longstanding commitment to serving as a primary resource for the international arbitration community with reporting on arbitral awards and court decisions applying the leading arbitration conventions, as well as arbitration legislation and rules. Volume XXXIII includes excerpts of arbitral awards made under the auspices of, inter alia, the International Chamber of Commerce (ICC); a biennial update of the Digest of Investment Treaty Decisions and Awards first published in 2006; notes on new and amended arbitration rules, including references to their online publication; notes on recent developments in arbitration law and practice in the Dubai International Financial Centre, Rwanda, Slovenia, Syria and Ukraine, as well as on the opinion of the Advocate General of the European Court of Justice in the West Tankers case; excerpts of 109 court decisions applying the 1958 New York Convention from 23 countries – including an update of Russian and Greek jurisprudence and, for the first time, decisions from Argentina, Belize, the British Virgin Islands, Chile and Peru – all indexed by subject matter and linked to the General Editor’s published commentaries on the New York Convention; an extensive Bibliography of recent books and journals on arbitration. The Yearbook is edited by the International Council for Commercial Arbitration (ICCA), the world’s leading organization representing practitioners and academics in the field, with the assistance of the Permanent Court of Arbitration, The Hague. It is an essential tool for lawyers, business people and scholars involved in the practice and study of international arbitration.
Yearbook Commercial Arbitration: Volume XL 2015
by Albert Jan Van Den BergThe Yearbook Commercial Arbitration continues its longstanding commitment to serving as a primary resource for the international arbitration community with reporting on arbitral awards and court decisions applying the leading arbitration conventions, as well as on arbitration legislation and rules. Volume XL (2015) includes:; • excerpts of arbitral awards made under the auspices of the International Chamber of Commerce (ICC) and the Paris International Arbitration Chamber (CAIP); • notes on new and amended arbitration rules, including references to their online publication; • notes on recent developments in arbitration law and practice in Andorra, Australia, Belarus, Brazil, Comoros, the Democratic Republic of the Congo, the Dubai International Financial Centre (DIFC), Latvia, Slovakia, the State of Palestine, Turkey and the United States; • excerpts of 68 court decisions applying the 1958 New York Convention from 24 countries – including, for the first time, cases from Anguilla, Belarus and Latvia – all indexed by subject matter and linked to the General Editor's published commentaries on the New York Convention;; • an extensive Bibliography of recent books and journals on arbitration. The Yearbook is edited by the International Council for Commercial Arbitration (ICCA), the world's leading organization representing practitioners and academics in the field, with the assistance of the Permanent Court of Arbitration, The Hague. It is an essential tool for lawyers, business people and scholars involved in the practice and study of international arbitration.
Yearbook Commercial Arbitration, Volume XLI 2016 (Yearbook Commercial Arbitration Set)
by Albert Jan van den Berg Permanent Court of Arbitration Peace Palace, The HagueThe Yearbook Commercial Arbitration continues its longstanding commitment to serving as a primary resource for the international arbitration community with reporting on arbitral awards and court decisions applying the leading arbitration conventions, as well as on arbitration legislation and rules. What's in this book: Volume XLI (2016) includes: • excerpts of arbitral awards made under the auspices of the International Chamber of Commerce (ICC), the Milan Chamber of Arbitration (CAM) and the Paris International Arbitration Chamber (CAIP); • notes on new and amended arbitration rules, including references to their online publication; • notes on recent developments in arbitration law and practice in Argentina, British Virgin Islands, Ecuador, Greece, India, Iraq, Myanmar, Peru, Poland, the Russian Federation, Serbia, the United Arab Emirates and Vietnam; • excerpts of 96 court decisions applying the 1958 New York Convention from 27 countries – including, for the first time, cases from Armenia and the Dominican Republic – all indexed by subject matter and linked to the General Editor’s published commentaries on the New York Convention; • excerpts from other court decisions of interest to the practice of international arbitration; • an extensive Bibliography of recent books and journals on arbitration. The Yearbook is edited by the International Council for Commercial Arbitration (ICCA), the world’s leading organization representing practitioners and academics in the field, with the assistance of the Permanent Court of Arbitration, The Hague. It is an essential tool for lawyers, business people and scholars involved in the practice and study of international arbitration.