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International Commercial Disputes

International Commercial Disputes PDF Author: Jonathan Hill
Publisher: Bloomsbury Publishing
ISBN: 1849468567
Category : Law
Languages : en
Pages : 1032

Book Description
This is the fourth edition of this highly regarded work on the law of international commercial litigation as practised in the English courts. As such it is primarily concerned with how commercial disputes which have connections with more than one country are dealt with by the English courts. Much of the law which provides the framework for the resolution of such disputes is derived from international instruments, including recent Conventions and Regulations which have significantly re-shaped the law in the European Union. The scope and impact of these European instruments is fully explained and assessed in this new edition. The work is organised in four parts. The first part considers the jurisdiction of the English courts and the recognition and enforcement in England of judgments granted by the courts of other countries. This part of the work, which involves analysis of both the Brussels I Regulation and the so-called traditional rules, includes chapters dealing with jurisdiction in personam and in rem, anti-suit injunctions and provisional measures. The work's second part focuses on the rules which determine whether English law or the law of another country is applicable to a given situation. The part includes a discussion of choice of law in contract and tort, with particular attention being devoted to the recent Rome I and Rome II Regulations. The third part of the work includes three new chapters on international aspects of insolvency (in particular, under the EC Insolvency Regulation) and the final part focuses on an analysis of legal aspects of international commercial arbitration. In particular, this part examines: the powers of the English courts to support or supervise an arbitration; the effect of an arbitration agreement on the jurisdiction of the English courts; the law which governs an arbitration agreement and the parties' dispute; and the recognition and enforcement of foreign arbitration awards. This title is included in Bloomsbury Professional's International Arbitration online service.

International Commercial Disputes

International Commercial Disputes PDF Author: Jonathan Hill
Publisher: Bloomsbury Publishing
ISBN: 1849468567
Category : Law
Languages : en
Pages : 1032

Book Description
This is the fourth edition of this highly regarded work on the law of international commercial litigation as practised in the English courts. As such it is primarily concerned with how commercial disputes which have connections with more than one country are dealt with by the English courts. Much of the law which provides the framework for the resolution of such disputes is derived from international instruments, including recent Conventions and Regulations which have significantly re-shaped the law in the European Union. The scope and impact of these European instruments is fully explained and assessed in this new edition. The work is organised in four parts. The first part considers the jurisdiction of the English courts and the recognition and enforcement in England of judgments granted by the courts of other countries. This part of the work, which involves analysis of both the Brussels I Regulation and the so-called traditional rules, includes chapters dealing with jurisdiction in personam and in rem, anti-suit injunctions and provisional measures. The work's second part focuses on the rules which determine whether English law or the law of another country is applicable to a given situation. The part includes a discussion of choice of law in contract and tort, with particular attention being devoted to the recent Rome I and Rome II Regulations. The third part of the work includes three new chapters on international aspects of insolvency (in particular, under the EC Insolvency Regulation) and the final part focuses on an analysis of legal aspects of international commercial arbitration. In particular, this part examines: the powers of the English courts to support or supervise an arbitration; the effect of an arbitration agreement on the jurisdiction of the English courts; the law which governs an arbitration agreement and the parties' dispute; and the recognition and enforcement of foreign arbitration awards. This title is included in Bloomsbury Professional's International Arbitration online service.

Contemporary Issues in International Arbitration and Mediation: The Fordham Papers (2009)

Contemporary Issues in International Arbitration and Mediation: The Fordham Papers (2009) PDF Author: Arthur W. Rovine
Publisher: BRILL
ISBN: 900419004X
Category : Law
Languages : en
Pages : 489

Book Description
The 2009 volume of Contemporary Issues in International Arbitration and Mediation - The Fordham Papers is a collection of important works in international arbitration and mediation written by the prominent speakers at the 2009 Fordham Law School Conference on International Arbitration and Mediation. The 25 papers are organized into the following six parts: Part I: Investor-State Arbitration Part II: Arbitrator Ethics Part III: Damages in International Commercial Arbitration Part IV: The Theory and Philosophy of International Arbitration Part V: Investor-State Mediation Part VI: Mediation in the Context of Arbitration

Model Rules of Professional Conduct

Model Rules of Professional Conduct PDF Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216

Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Practice of International Litigation - Second Edition

Practice of International Litigation - Second Edition PDF Author: Lawrence W. Newman
Publisher: Juris Publishing, Inc.
ISBN: 1929446349
Category : Law
Languages : en
Pages : 1400

Book Description
A practice-oriented guide for any lawyer involved in litigation or arbitration in the United States but who faces issues that go beyond its borders. Both international litigation and arbitration are extensively covered in this work. The chapters revolve around the practical problems which face the litigator - service of proceedings, discovery, the obtaining of evidence and enforcement of judgments and awards. In addition, some important topics in substantive law are addressed.

Law and Justice Review-22

Law and Justice Review-22 PDF Author: Türkiye Adalet Akademisi
Publisher: Adalet Akademisi
ISBN:
Category : Law
Languages : en
Pages :

Book Description
Law and Justice Review-22

The Judicialization of International Law

The Judicialization of International Law PDF Author: Andreas Follesdal
Publisher: Oxford University Press
ISBN: 0192548387
Category : Law
Languages : en
Pages : 289

Book Description
The influence of international courts is ubiquitous, covering areas from the law of the sea to international criminal law. This judicialization of international law is often lauded for bringing effective global governance, upholding the rule of law, and protecting the right of individuals. Yet at what point does the omnipresence of the international judiciary shackle national sovereign freedom? And can the lack of political accountability be justified? Follesdal and Ulfstein bring together the crème de la crème of the legal academic world to ask the big questions for the international judiciary: whether they are there for mere dispute settlement or to set precedent, and how far they can enforce international obligations without impacting on democratic self-determination.

Third-Party Funding in International Arbitration

Third-Party Funding in International Arbitration PDF Author: Lisa Bench Nieuwveld
Publisher: Kluwer Law International B.V.
ISBN: 9041161120
Category : Law
Languages : en
Pages : 363

Book Description
Since the first edition of this invaluable book in 2012, third-party funding has become more mainstream in international arbitration practice. However, since even the existence of a third-party funding agreement in a dispute is often kept secret, it can be difficult to glean the specifics of successful funding agreements. This welcome book, now updated, expertly reveals the nuances of third-party funding in international arbitration, examines the phenomenon in key jurisdictions, and provides a reliable resource for users and potential users that may wish to tap into and make use of this distinctive funding tool. Focusing on Australia, the United Kingdom, the United States, Germany, the Netherlands, Canada, and South Africa, the authors analyze and assess the legal regime based upon legislation, judicial opinions, ethics opinions, and practitioner anecdotes describing the state of third-party funding in each jurisdiction. In addition to updating summaries of the law of the various jurisdictions, the second edition includes a new chapter addressing third-party funding in investor-state arbitration. Among the issues raised and examined are the following: · payment of adverse costs; · “Before-the-Event” (BTE) and “After-the-Event” (ATE) insurance; · attorney financing: pro bono representation, contingency representation, conditional fee arrangements; · loans; · ethical doctrines affecting the third-party funding industry; · possible future bundling, securitization, and trading of legal claims; · risk that the funder may put its own interests ahead of the client’s interests; and · whether the existence of a funding agreement must or should be disclosed to the decision maker. The second edition also includes discussion of recent institutional developments as they relate to third-party funding, including the work of the ICCA-Queen Mary Task Force on Third-Party Funding and how third-party funding is being incorporated into arbitral rules and investment treaties. Ably providing a thorough understanding of what third-party funding entails and what legal parameters exist, this book will be of compelling interest to parties aiming to take advantage of the high values, speed, reduced evidentiary costs, outcome predictability, industry expertise, and high award enforceability characteristic of the third-party funding arrangements available in international arbitration.

Congressional Record

Congressional Record PDF Author: United States. Congress
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1324

Book Description


Arbitration of International Intellectual Property Disputes

Arbitration of International Intellectual Property Disputes PDF Author: Thomas D. Halket
Publisher: Juris Publishing, Inc.
ISBN: 193383367X
Category : Arbitration and award, International
Languages : en
Pages : 652

Book Description
The Arbitration of International Intellectual Property Disputes, which is designed not only for arbitration counsel and arbitrators but also for in-house counsel and transactional lawyers, provides a thorough guide to the use of arbitration to resolve these disputes. Both practical as well as scholarly, it starts by exploring how and why arbitration can provide the best way to resolve these disputes and how to draft an effective arbitration provision. It then covers the principal unique issues which can arise in the arbitration itself, from choosing the tribunal through confidentiality, discovery, validity determinations, choice of law, provisional and final remedies and enforceability. With the world more and more dependent upon technology of all types, the continued and growing importance of intellectual property cannot be understated. There has been, and will continue to be, an accompanying explosion in the number and complexity of transactions in which intellectual property is a critical, if not the critical, element. Many of these transactions cross national boundaries; as do the disputes which inevitably arise from them. But international intellectual property disputes present complexities not encountered in either intellectual property disputes which are confined to one country or other international commercial disputes. The Arbitration of International Intellectual Property Disputes will serve as a handy reference and guide for navigating through the complex maze of intellectual property and arbitration.

Annual Report of the Board of Mediation and Arbitration of the State of New York

Annual Report of the Board of Mediation and Arbitration of the State of New York PDF Author: New York (State). Board of Mediation and Arbitration
Publisher:
ISBN:
Category : Arbitration, Industrial
Languages : en
Pages : 1244

Book Description