International Financial Disputes PDF Download

Author: Jeffrey Golden
Publisher: Oxford University Press, USA
ISBN: 9780199687862
Category : Law
Languages : en
Pages : 0

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Book Description
The first book to focus on the arbitration of international financial disputes, this work provides an invaluable reference work on issues that are particularly relevant to claims involving financial products.

Author: Arif H. Ali
Publisher: Kluwer Law International B.V.
ISBN: 9403535628
Category : Law
Languages : en
Pages : 616

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Book Description
Global banking and finance is a complex and specialized field with sector-specific investment forms, subject to distinctive legal and regulatory frameworks and unique types of political risk. This comprehensive guide to international investment protection in the finance and banking sector, written by acknowledged experts in the field of investor-State arbitration, provides the first in-depth discussion of how international investment law applies to investors and investments in the sector. Featuring expert guidance on the key legal protections for cross-border banking and finance investments, with complete and up-to-date coverage of investor-State cases, the analysis crystallizes a set of field-specific legal principles for the sector. In particular, the authors address the following practical aspects of investment protection in the banking and finance sector: how sector-specific forms of investment, such as loans and derivatives, impact the dispute resolution process; types of political risk that cross-border investments in the sector are likely to encounter; distinctive adverse sovereign measures that underlie disputes in the sector, including those from sovereign debt defaults and banking sector bailouts; specific treaty provisions, such as jurisdictional carve-outs and targeted exclusions; remedies available for violations of international investment protections; how monetary damages may be assessed for injury to banking and finance sector investments; the scope of financial services chapters included in certain free trade agreements; the protections available under domestic foreign investment laws; and alternative sources of protection such as political risk insurance and investment contracts. International disputes practitioners and academics, in-house counsel in the finance and banking industries, and arbitrators addressing banking and finance disputes will welcome this book for its practical guidance. With strategies for investors as well as for sovereign States to navigate the intricacies of the investment protection system, the authors’ comprehensive analysis will help ensure appropriate international protection for banking and finance sector investments, both when establishing investments and when resolving disputes. The book lays the groundwork for the future consolidation of international investment protection as a critical tool to manage the political risk confronting global banking and finance.

Author: Jeffrey B. Golden
Publisher:
ISBN: 9780191801877
Category : Arbitration (International law)
Languages : en
Pages :

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Book Description
The first book to focus on the arbitration of international financial disputes, this work provides an invaluable reference work on issues that are particularly relevant to claims involving financial products.

Author: Norbert Horn
Publisher: Springer
ISBN:
Category : Law
Languages : en
Pages : 336

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Book Description
Whereas arbitration and non-judicial dispute settlement mechanisms are of growing importance in international economic transactions, their present and future role in financial transactions is not yet fully explored. This timely publication aims to fill this gap in the literature and includes analyses of bank remedies, direct negotiation and mediation in financial and business conflicts, debt renegotiations, restructuring of syndicated loans, arbitration in project financing, and the roles of the ICC, NAFTA and OAS. Some of the expert papers focus in particular on the role of arbitration and dispute resolution in Latin America, Greater China and Russia. Non-Judicial Dispute Settlement in International Financial Transactions is based on the edited and revised papers of an international conference--part of a global series of conferences held in 1999 on the `New International Financial Architecture'--organised by the Law Centre of European and International Cooperation (R.I.Z., Cologne), the Centre for Commercial Law Studies (London), the Asian Institute of International Financial Law (Hong Kong), and the SMU Institute of International Banking and Finance (Dallas).

Author: Shahla F. Ali
Publisher: Cambridge University Press
ISBN: 110732856X
Category : Law
Languages : en
Pages : 283

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Book Description
Nearly all major global financial centres have developed systems of consumer financial dispute resolution. Such systems aim to assist parties to resolve a growing number of monetary disputes with financial institutions. How governments and self-regulatory organizations design and administer financial dispute resolution mechanisms in the context of increasingly turbulent financial markets is a new area for research and practice. Consumer Financial Dispute Resolution in a Comparative Context presents comparative research about the development and design of these mechanisms in East Asia, North America and Europe. Using a comparative methodology and drawing on empirical findings from a multi-jurisdictional survey, Shahla F. Ali examines the emergence of global principles that influence the design of financial dispute resolution models, considers the structural variations between the ombuds and arbitration systems, and offers practical proposals for reform.

Author: Philip R. Wood
Publisher: Sweet & Maxwell
ISBN: 1847032079
Category : Business & Economics
Languages : en
Pages : 716

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Book Description
The book is an exposition of 100 of the major cases, which have either created or illustrate well, the legal system as we know it today. The cases have been chosen primarily for illustrating important points of law in a large variety of legal disciplines

Author: William W. Park
Publisher: OUP Oxford
ISBN: 0191634816
Category : Law
Languages : en
Pages : 1096

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Book Description
Arbitration of International Business Disputes 2nd edition is a fully revised and updated anthology of essays by Rusty Park, a leading scholar in international arbitration and a sought-after arbitrator for both commercial and investment treaty cases. This collection focuses on controversial questions in arbitration of trade, financial, and investment disputes. The essays address some of the most interesting topics in cross-border business dispute resolution, many of which have endured over several decades and remain subject to radically different views. Examples include the proper role of judicial review, the allocation of jurisdictional tasks, evolution of arbitration's statutory and treaty framework, free trade and bilateral investment agreements, and the balance between fixed rules and arbitral discretion. The book is structured around three themes: arbitration's legal framework; the conduct of arbitral proceedings; and a comparison of arbitration in specific fields such as finance, intellectual property, and taxation. In each of these areas, analysis includes the tensions between fairness and efficiency, and the accurate application of substantive law as well as the implications of mandatory procedural norms. Augmented by more than a dozen new contributions and a revised introduction, this 2nd edition retains all of its earlier practical and scholarly relevance, and includes a Foreword by V. V. (Johnny) Veeder QC.

Author: Felix I. Lessambo
Publisher: Springer
ISBN: 1137522704
Category : Business & Economics
Languages : en
Pages : 288

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Book Description
Since the recent international crises, the role and significance of international financial institutions (IFI) have been challenged. Some have argued that global financial institutions are inadequate and inefficient in performing their missions, and may be replaced by modern institutions with inclusive governance and a goal-focused approach. International Financial Institutions and Their Challenges analyzes the claimed purposes of IFIs and their failures, and proposes solutions for the future. This comprehensive account is the first book of its kind to give readers an exhaustive overview of key IFI's from the International Monetary Fund to the Islamic Development Bank. By encouraging readers to think outside the box, Lessambo enhances the current and future debates on IFIs. The book brings readers to the real challenges of international finance, and appeals to scholars in economics, finance, international studies, government studies, law, and political science, as well as professionals in finance, development experts, and employees at NGOs.

Author: Anselmo Reyes
Publisher: Cambridge University Press
ISBN: 1108490603
Category : Law
Languages : en
Pages : 545

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Book Description
Provides a comprehensive global survey on multi-tier dispute resolution, examining its trends, its strengths and weaknesses, and the way forward.

Author: Michael Waibel
Publisher: Kluwer Law International B.V.
ISBN: 9041132023
Category : Law
Languages : en
Pages : 674

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Book 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.