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Author: Bernard Hanotiau Publisher: Kluwer Law International B.V. ISBN: 904112442X Category : Law Languages : en Pages : 414
Book Description
Provides an analysis of the issues arising from multiparty-multicontract arbitrations, including those involving States and groups of companies. This work analyses theories on the basis of which courts and arbitral tribunals determine who are parties to the arbitration clause; and whether an arbitration clause may be extended to non-signatories.
Author: Bernard Hanotiau Publisher: Kluwer Law International B.V. ISBN: 904112442X Category : Law Languages : en Pages : 414
Book Description
Provides an analysis of the issues arising from multiparty-multicontract arbitrations, including those involving States and groups of companies. This work analyses theories on the basis of which courts and arbitral tribunals determine who are parties to the arbitration clause; and whether an arbitration clause may be extended to non-signatories.
Author: Michael Legg Publisher: ISBN: 9781862878402 Category : Law Languages : en Pages : 276
Book Description
Civil litigation is more frequently giving rise to cases that are regarded as complex so that they are expensive for parties to run, time-consuming and use a large amount of tax-payer funded court resources. The government, judiciary and legal practitioners have expressed concern as to how to efficiently manage these cases. This book examines the case management tools available to the modern day judge for dealing with crucial aspects of complex civil litigation. The first chapter explains case management, complex civil litigation and how the former may be used to control the latter. Subsequent chapters focus on case management in relation to pleadings, discovery, expert evidence, alternative dispute resolution, summary judgment and the separate question procedure. The author also explains the role of the overriding/overarching purpose with its command that civil litigation is to be conducted in a manner which achieves justice while minimising cost and delay as this has major significance for complex cases. Latter chapters consider two specific examples of complex litigation and the ways in which they may be dealt with âe" commercial litigation and the specialist lists that have developed to deal with this type of case in New South Wales, Victoria and in the Federal Court, and class action or representative proceedings in the Federal Court. Lastly, the concerns or limitations as to case management are examined.
Author: R. Lea Brilmayer Publisher: Aspen Publishing ISBN: 1543815073 Category : Law Languages : en Pages : 1173
Book Description
Written by leading Conflict of Laws scholars, Conflict of Laws: Cases and Materials, Eighth Edition, presents a balanced study of Conflict of Laws, otherwise known as Private International Law. The book begins with a discussion of traditional approaches to choice-of-law problems, both inter-state and international, followed by an examination of how modern courts and commentators have struggled to formulate new and better approaches. The remaining broad topics—constitutional limitations on choice of law, personal jurisdiction, conflicts in the federal system, recognition and enforcement of judgments, extraterritorial application of federal law, choice of legal regimes, and choice of law in complex litigation—are considered in light of the wisdom derived from consideration of the basic choice-of-law problems. New to the Eighth Edition: Addition of new co-author Carlos M. Vázquez, a leading scholar in Conflict of Laws as well as the adjacent fields of International Law and Foreign Relations Law Expanded coverage of Conflict of Laws in the international context, with a focus on the increasingly important topic of extraterritorial application of federal law New Supreme Court decisions on personal jurisdiction and constitutional limits on choice of law Expanded coverage of choice of law in marriage and divorce Discussion of draft Third Restatement of Conflict of Laws Professors and students will benefit from: A balance of historical and recent cases, with problems that test application of case precedents A balance between theoretical and practical aspects of Conflict of Laws, with coverage of state law and comparative perspectives where appropriate Focus on Choice of Law Broader coverage of extraterritorial application of federal law than any leading Conflict of Laws casebook Modern applications to internet disputes, complex litigation, party autonomy, and jurisdictional competition, among other cutting-edge topics
Author: Harry J. Roper Publisher: ISBN: 9781682671153 Category : Patent laws and legislation Languages : en Pages : 0
Book Description
"Patent litigation has assumed a pivotal role in today's global economy. In response to the increased prominence of patents, the Complex Litigation Committee of the prestigious American College of Trial Lawyers (ACTL) has authored a manual that provides a balanced view of the issues in each phase of a patent case for judges and lawyers. [This book]...covers all steps required to bring a patent case to trial, and the key elements that make such litigation unique. [This edition] specifically addresses the complex technical, procedural, and legal issues inherent in a patent lawsuit that are not usually found in other types of civil litigation. It is limited to the unique characteristics of patent litigation and has been added to the Federal Judicial Center's resource library for district court judges and their law clerks. The handbook provides concise coverage of the fundamentals, effective lessons from the most significant cases, and essential insights from leading experts and judges. The new third edition includes: a brand-new chapter 15, patent office inter partes review (IPR) and other AIA trial proceedings...addressing key features of PTAB trials and the impact of PTAB trials on patent litigation in federal courts; the impact of changes in the law resulting from numerous decisions from the Supreme Court, as well as the Federal Circuit Court of Appeals, including, what subject matter is eligible for patent protection, how the all-important claim construction determination is to be made and when attorneys fees should be granted; amendments to the Federal Rules of Civil Procedure that alter pleading requirements; and much more."--
Author: Bernard Hanotiau
Author: Bernard Hanotiau
Author: E. Thomas Sullivan
Author: Richard L. Marcus
Author: Richard W. Clary
Author: Michael Legg
Author: R. Lea Brilmayer
Author: Arthur D. Austin
Author: E. Thomas Sullivan
Author: Harry J. Roper
Author: Richard Marcus