Valuation For Arbitration Download Ebook PDF Epub Online

Author : Mark Kantor
Publisher : Kluwer Law International B.V.
Release : 2008-01-01
Page : 411
Category : Law
ISBN 13 : 9041127356
Description :


This book provides a clear understanding of the nuts and bolts of valuation approaches for business investments, including market, income and asset-based methods. It reviews tools that arbitrators may employ to reach their final compensation assessment on a principled basis. The bookand’s many practical recommendations explore the decision making processes entailed in three central aspects of the arbitratorand’s role: and• advance planning to enhance understanding of expert valuation evidence; and• identification of and“apples-to-orangesand” miscomparisons; and and• recognition of the true comparability between the business at issue and other examples offered in the expert evidence. The presentation focuses not only on the legal standards applicable to the valuation (full or adequate compensation, reparations, restitution, actual loss, fair market value, fair or reasonably equivalent value, lost profits, etc.), but also on the informed judgment and reasonableness that must enter into the process of weighing the facts of each case and determining its aggregate significance. The book considers common valuation methods like discounted cash flows, adjusted present values, capitalized cash flows, adjusted book values and comparable sales and transactions. Additionally, it addresses means for arbitrators to assess expert valuation evidence in complex business investment disputes. andquot;Best book 2008 of the OGEMID awards!andquot;


Author : John A Trenor
Publisher : Law Business Research Ltd.
Release : 2018-01-18
Page : 472
Category :
ISBN 13 : 1912377810
Description :


Have you ever been frustrated that arbitration folk aren't more numerate? The Guide to Damages in International Arbitration is a desktop reference work for those who'd like greater confidence when dealing with the numbers. This second edition builds upon last year's by updating and adding several new chapters on the function and role of damages experts, the applicable valuation approach, country risk premium, and damages in gas and electricity arbitrations.This edition covers all aspects of damages - from the legal principles applicable, to the main valuation techniques and their mechanics, to industry-specific questions, and topics such as tax and currency. It is designed to help all participants in the international arbitration community to discuss damages issues more effectively and communicate them better to tribunals, with the aim of producing better awards. The book is split into four parts: Part I - Legal Principles Applicable to the Award of Damages; Part II - Procedural Issues and the Use of Damages Experts; Part III - Approaches and Methods for the Assessment and Quantification of Damages; Part IV - Industry-Specific Damages Issues


Author : Christina L. Beharry
Publisher : BRILL
Release : 2018-04-12
Page : 516
Category : Law
ISBN 13 : 9004357793
Description :


Contemporary and Emerging Issues on the Law of Damages and Valuation in International Investment Arbitration, edited by Christina L. Beharry, examines a broad range of damages topics, building on basic principles and surveying current developments to identify trends in the jurisprudence.


Author : Shannon P. Pratt
Publisher : American Bar Association
Release : 2000
Page : 472
Category : Law
ISBN 13 : 9781570738296
Description :


This is a practical guide that will help lawyers and judges assess the qualifications of a business appraiser and the reliability of the information presented, and will enable them to work with valuation issues more efficiently and effectively.


Author : Peter Muchlinski
Federico Ortino
Publisher : OUP Oxford
Release : 2008-06-26
Page : 1352
Category : Law
ISBN 13 : 0191552364
Description :


The Oxford Handbooks series is a major new initiative in academic publishing. Each volume offers an authoritative and state-of-the-art survey of current thinking and research in a particular subject area. Specially commissioned essays from leading international figures in the discipline give critical examinations of the progress and direction of debates. Oxford Handbooks provide scholars and graduate students with compelling new perspectives upon a wide range of subjects in the humanities and social sciences. The Oxford Handbook of International Investment Law aims to provide the first truly exhaustive account of the current state and future development of this important and topical field of international law. The Handbook is divided into three main parts. Part One deals with fundamental conceptual issues, Part Two deals with the main substantive areas of law, and Part Three deals with the major procedural issues arising out of the settlement of international investment disputes. The book has a policy-oriented introduction, setting the more technical chapters that follow in their policy environment within which contemporary norms for international foreign investment law are evolving. The Handbook concludes with a chapter written by the editors to highlight the major conclusions of the collection, to identify trends in the existing law, and to look forward to the future development of this field.


Author : Alfred Hayes
Publisher :
Release : 1916
Page :
Category : Contracts
ISBN 13 :
Description :



Author : Borzu Sabahi
Publisher : OUP Oxford
Release : 2011-06-30
Page : 280
Category : Law
ISBN 13 : 019102158X
Description :


This book examines the history, principles, and practice of awarding compensation and restitution in investor-State arbitration disputes, which are initiated under investment treaties. The principles discussed may be applied to all international law cases where damage to property is an issue. The book starts by tracing the roots of the applicable international legal principles to Roman law, and from there follows their evolution through the European law of extra-contractual liability and eventually through the Chorzów Factory case to principles of compensation and restitution in the modern law of international investment. The greater part of the book is then dedicated to examination of the modern application of these principles, focusing on the jurisprudence of international tribunals under various arbitral rules such as ICSID and UNCITRAL Rules. Monetary compensation as the prevalent form of remedy sought and awarded in investor-State disputes is discussed in more detail, including topics such as the amount of compensation for damage resulting from breach of investment treaties or for lawful expropriation of foreign investor's property, a brief overview of valuation methods, supplementary compensation for moral damages, interest, costs, and currency fluctuations as well as various principles that may limit the amount of recoverable compensation, such as causation. A full chapter is dedicated to the discussion of the theory and practice of awarding restitution in investor-State disputes. The book also covers the general principle of reparation in international law as applied in investor-State arbitrations. The topics discussed cover all the theoretical as well as practical issues which may be raised in awarding compensation and restitution in investment treaty disputes between States and foreign investors.


Author : American Arbitration Association
Publisher :
Release : 1984
Page : 19
Category : Arbitration agreements, Commercial
ISBN 13 :
Description :



Author : Borzu Sabahi
Publisher : Oxford University Press
Release : 2011-06-30
Page : 256
Category : Business & Economics
ISBN 13 : 0199601186
Description :


This is a concise guide for lawyers, valuation experts, academics, and students of the remedies that foreign investors may seek in international investment disputes. It provides an overview of the legal rules applicable in such circumstances and numerous case studies to show how they are used.


Author : Michael Waibel
Publisher : Kluwer Law International B.V.
Release : 2010-01-01
Page : 614
Category : Law
ISBN 13 : 9041132023
Description :


"This book, the outgrowth of a conference organized by the editors at Harvard Law School on April 19, 2008, aims to uncover the drivers behind the backlash against the current international investment regime."--Library of Congress Online Calalog.


Author : Yves Derains
Richard H. Kreindler
Publisher :
Release : 2015
Page : 273
Category : Damages
ISBN 13 : 9789041160942
Description :



Author : Laurence Shore
Tai-Heng Cheng
Publisher : Kluwer Law International B.V.
Release : 2016-04-24
Page : 888
Category : Law
ISBN 13 : 9041190813
Description :


International Arbitration in the United States is a comprehensive analysis of international arbitration law and practice in the United States (U.S.). Choosing an arbitration seat in the U.S. is a common choice among parties to international commercial agreements or treaties. However, the complexities of arbitrating in a federal system, and the continuing development of U.S. arbitration law and practice, can be daunting to even experienced arbitrators. This book, the first of its kind, provides parties opting for “private justice” with vital judicial reassurance on U.S. courts’ highly supportive posture in enforcing awards and its pronounced reluctance to intervene in the arbitral process. With a nationwide treatment describing both the default forum under federal arbitration law and the array of options to which parties may agree in state courts under state international arbitration statutes, this book covers aspects of U.S. arbitration law and practice as the following: .institutions and institutional rules that practitioners typically use; .ethical considerations; .costs and fees; .provisional measures; and .confidentiality. There are also chapters on arbitration in specialized areas such as class actions, securities, construction, insurance, and intellectual property.


Author : Gerald M. Levy
Publisher : Amer Arbitration Assn
Release : 1987
Page : 234
Category : Law
ISBN 13 : 9780943001210
Description :



Author : Heiko Daniel Ziehms
Publisher : Kluwer Law International B.V.
Release : 2018-12-25
Page : 226
Category : Law
ISBN 13 : 9041186379
Description :


In the course of a merger and acquisition (M&A) transaction, the principals and their advisors face a series of decisions, often against the backdrop of an unrealistic deadline, imperfect information and a shrewd other side. In making these decisions, they have to deal with complex technical matters at the intersection of disciplines, including accounting, law, taxation, corporate finance, operations, environmental and strategy. It is not always possible during the negotiations to take a step back and contemplate issues likely to arise before or after completion that may result in a dispute or to address or mitigate risks. It is therefore easy in these highly charged circumstances to create outcomes that end up in legal disputes. A sound understanding of the completion mechanism including the basis and measurement of individual purchase price adjustments is important to negotiate good deals and avoid disputes. This book provides an in-depth discussion of the completion mechanism, including key arguments for or against individual deductions or adjustments. This can be helpful in negotiations. It also provides diagnostic tools and many recommendations that can help avoid disputes. If a dispute has occurred, it discusses how it can be resolved as well as the conceptual basis and practical approaches to the measurement of damages. The book deals with numerous matters that need to be addressed during M&A negotiations and can lead to post-M&A dissonance, including the following: - the equity bridge: from fi rm value to the purchase price for the equity; - closing conditions, the closing process and the completion accounts; - an in-depth discussion of individual purchase price adjustments from factoring to pensions and from leases to the working capital reference value; - material adverse change clauses; - aspects of locked box transactions, including the interest over the locked box period; - how to structure earn-outs to avoid disputes; - red flags for fraud; - damages valuation in M&A disputes; and - lessons learned on how to avoid or deal with disputes. The author analyses a large number of actual post-M&A disputes as a lens to bring into focus precisely where things go wrong in practice. He then sets out practical solutions to the problems dealmakers face, how to negotiate individual price adjustments, and lessons learned from disputes. This book will be useful to M&A practitioners, be they in-house counsel, private equity, sovereign wealth funds, international arbitration centres or other players, as well as the investment bankers, accountants and the professionals who advise them. It will also prove to be of great value to those who deal with post-M&A disputes – judges, arbitrators and litigators – and legal academics interested in the M&A field.


Author : Gloria M. Alvarez
Mélanie Riofrio Piché
Publisher : Kluwer Law International B.V.
Release : 2021-04-08
Page : 560
Category : Law
ISBN 13 : 904119973X
Description :


Energy projects in Latin America are a major contributor to economic growth worldwide. This book is the first to offer a comprehensive, in-depth analysis of specific issues arising from energy and natural resources contracts and disputes in the region, covering a wide range of procedural, substantive, and socio-legal issues. The book also includes how states have shifted from passive business partners to more active controlling players. The book contains an extensive treatment and examination of the particularities of arbitration practice in Latin America, including arbitrability, public order, enforcement, and the complex public-private nature of energy transactions. Specialists experienced in resolving international energy and natural disputes throughout the region provide detailed analysis of such issues and topics, including: state-owned entities as co-investors or contracting parties; role of environmental law, indigenous rights and public participation; issues related to political changes, corruption, and quantification of damages; climate change, renewable energy, and the energy transition; force majeure, hardship, and price reopeners; arbitration in the electricity sector; take-or-pay contracts; recognition and enforcement of awards; tension between stabilization clauses and human rights; mediation as a method for dispute settlement in the energy and natural resources sector; and different comparative approaches taken by national courts in key Latin American jurisdictions. The book also delivers a clear explanation on the impact made to the arbitration process by Covid-19, emerging laws, changes of political circumstances, the economic global trends in the oil & gas market, the energy transition, and the rise of new technologies. This invaluable book will be welcomed by in-house lawyers, government officials, as well as academics and rest of the arbitration community involved in international arbitration with particular interest in the energy and natural resources sector.


Author : David Laro
Shannon P. Pratt
Publisher : John Wiley & Sons
Release : 2011-05-03
Page : 482
Category : Business & Economics
ISBN 13 : 0470601620
Description :


Praise for Business Valuation and Federal Taxes Procedure, Law, and Perspective Second Edition "The Honorable David Laro and Dr. Shannon Pratt present a comprehensive primer on federal tax valuation controversies that will benefit both tax practitioners (attorneys and CPAs) and valuation practitioners. . . . It serves as a valued reference source and an introductory text for legal and valuation training." —Roger J. Grabowski, Duff & Phelps Corp. from the Foreword "[I]t is refreshing to see these two close observers of valuation issues collaborate on this intriguing volume. What the reader gets is something like a mural—depicting the life of a business appraisal from conception to preparation to the occasional ultimate use by a trier of fact." —Ronald D. Aucutt, Esq.McGuireWoods LLP, from the Foreword "This offering from Judge David Laro and Dr. Shannon Pratt fills in some persistent gaps in the business valuation literature, as well as a surprisingly fresh treatment of perennial themes." —John A. Bogdanski, Professor of LawLewis & Clark Law School, from the Foreword Straightforward guidance and perspective on business valuation from two of the nation's top authorities Written by Senior Judge David Laro and Shannon Pratt, both leading experts on the subject, Business Valuation and Federal Taxes, Second Edition provides a comprehensive overview of business valuation procedures. The new edition offers: Insightful perspectives of personal versus enterprise goodwill New materials on transfer pricing and customs valuations and how recent markets have affected both the income and market approaches Timely coverage of FAS 157 and its many changes to penalties and sanctions affecting both taxpayers and appraisers Exploration of new court cases Presenting knowledge and guidance to those who perform valuations as well as those who are affected by them, Business Valuation and Federal Taxes, Second Edition is the essential guide to federal taxes and valuation, and specifically valuations relating to business interests.


Author : Christopher Dugan
Don Wallace
Publisher : Oxford University Press
Release : 2011-11-25
Page : 818
Category : Law
ISBN 13 : 019979572X
Description :


Investor-State Arbitration describes the increasing importance of international investment and the necessary development of a new field of international law that defines the obligations of host states and creates procedures for resolving disputes. The authors examine the international treaties that allow investors to proceed with the arbitration of their claims, describe the most-commonly employed arbitration rules, and set forth the most important elements of investor-State arbitration procedure - including tribunal composition, jurisdiction, evidence, award, and challenge of annulment. The authors trace the evolution and rapid development of the field of international investment, including the formation of the International Center for the Settlement of Investment Disputes (ICSID), and the more than 2,000 bilateral investment treaties, most of which were entered into in the last twenty years. The authors explain how this development has led to far greater certainty for foreign investors in dealing with their host countries, as well as how it has incentivized growth in international trade and commerce.


Author : John Norton Moore
Publisher : Martinus Nijhoff Publishers
Release : 2013-02-06
Page : 164
Category : Law
ISBN 13 : 9004246223
Description :


International Arbitration: Contemporary Issues and Innovations brings together papers by top experts on arbitration which examine important contemporary issues in international arbitration.


Author : Albert Jan Van Der Berg
Publisher : Kluwer Law International B.V.
Release : 2009-01-01
Page : 1384
Category : Law
ISBN 13 : 9041128077
Description :


The 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.


Author : Sherlin Tung
Fabricio Fortese
Publisher : Kluwer Law International B.V.
Release : 2019-11-26
Page : 512
Category : Law
ISBN 13 : 9403506423
Description :


Finances in International Arbitration Liber Amicorum Patricia Shaughnessy Edited by Sherlin Tung, Fabricio Fortese & Crina Baltag Costs of arbitration has always been a main concern in international arbitration. It is a topic most often discussed and analyzed. In spite of the recent developments in thirdparty funding regulations as well as other mechanisms made available to users of arbitration to reduce costs, the topic remains a key focus for users of arbitration. As the founder of the world’s leading international commercial arbitration Master’s programme, Dr Patricia Shaughnessy is a huge advocate of communicating recent and important developments in international arbitration and has written and spoken extensively on such matters. Over twenty-five renowned practitioners and academics worldwide, who have been influenced by Dr Shaughnessy, explore this much-debated topic on the occasion of her 65th birthday. The contributions in this dedication to Dr Shaughnessy’s legacy look at issues such as the following: costs arising out of Third-Party Funding; costs of court proceedings versus arbitration proceedings; fee arrangements with legal counsel; costs of commercial versus investment arbitration; how to deal with in-house costs in international arbitration; impact of tribunal secretaries in international arbitration; cost sanctions in international arbitration; damages in international arbitration. The analysis and views offered by leading scholars and practitioners on current day issues arising out of costs of arbitration will offer readers a unique perspective on various aspects of the finances involved in arbitration. This book will provide insightful thoughts and practical guidance for academics and practitioners in the field of international arbitration.