Legal Reasoning Across Commercial Disputes PDF Download

Author: S. I. Strong
Publisher: Oxford University Press, USA
ISBN: 9780198842842
Category : Law
Languages : en
Pages : 416

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Book Description
This work provides important insights into how judges and arbitrators resolve complex commercial disputes in both national and international settings. The analysis is built from three major research sources which ensures that the analysis can bridge evidence of perception, behaviours, and outcomes amongst judges and arbitrators. A statistical survey provides a benchmark and point of comparison with the subjective statements arising from an extensive programme of interviews and questionnaires to provide an objective lens on the reasoning process that informs decisions and awards in practice. The outcome, presented in Legal Reasoning across Commercial Disputes, is an evidence-based model of the determining factors in legal reasoning by identifying and quantifying approximately seventy-five objective markers for which data can be compared across the arbitral-judicial, domestic-international, and common law-civil law divides. The methodology provides for a thorough and contextual assessment of legal reasoning by judges and arbitrators in commercial disputes. Legal Reasoning across Commercial Disputes investigates the level of sophistication and complexity associated with commercial arbitration relative to commercial litigation through domestic courts. The study not only helps parties make more informed choices about where and how to resolve their legal disputes, it also assists judges and arbitrators in carrying out their duties by improving counsel's understanding about how to best to craft and present legal arguments and submissions. The study also addresses longstanding theoretical concerns about the legitimacy of national and international commercial arbitration by replacing assumptions and anecdotes with objective data. The final part of the book draws together the various strands of analysis and concludes with a number of forward-looking proposals about how a deeper understanding of legal and judicial reasoning can be established to improve the quality of decisions and outcomes for all parties.

Author: MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.)
Publisher:
ISBN: 9781680923025
Category :
Languages : en
Pages : 180

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Book Description
A less-expensive grayscale paperback version is available. Search for ISBN 9781680923018. Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions. Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches.

Author: Catharine Titi
Publisher: Oxford University Press
ISBN: 0198868006
Category : Law
Languages : en
Pages : 225

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Book Description
Drawing on a large and varied body of judicial and arbitral case law, this book provides a comprehensive, original, and up-to-date account of the role of equity in international law.

Author: Catherine E Mitchell
Publisher: A&C Black
ISBN: 1782253130
Category : Law
Languages : en
Pages : 442

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Book Description
An oft-repeated assertion within contract law scholarship and cases is that a good contract law (or a good commercial contract law) will meet the needs and expectations of commercial contractors. Despite the prevalence of this statement, relatively little attention has been paid to why this should be the aim of contract law, how these 'commercial expectations' are identified and given substance, and what precise legal techniques might be adopted by courts to support the practices and expectations of business people. This book explores these neglected issues within contract law. It examines the idea of commercial expectation, identifying what expectations commercial contractors may have about the law and their business relationships (using empirical studies of contracting behaviour), and assesses the extent to which current contract law reflects these expectations. It considers whether supporting commercial expectations is a justifiable aim of the law according to three well-established theoretical approaches to contractual obligations: rights-based explanations, efficiency-based (or economic) explanations and the relational contract critique of the classical law. It explores the specific challenges presented to contract law by modern commercial relationships and the ways in which the general rules of contract law could be designed and applied in order to meet these challenges. Ultimately the book seeks to move contract law beyond a simple dichotomy between contextualist and formalist legal reasoning, to a more nuanced and responsive legal approach to the regulation of commercial agreements.

Author: Antonio Crivellaro
Publisher: Kluwer Law International B.V.
ISBN: 9403529040
Category : Law
Languages : en
Pages : 170

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Book Description
Generally speaking, the losing party is more interested than the winning party in understanding the reasons for the outcome of the proceeding. And yet, the requirement that, unless otherwise agreed by the parties, the award “shall state the reasons upon which it is based” is a widely recognized principle in international arbitration. The rules of most arbitral institutions also require that an award include reasons. This Institute Dossier addresses reasoning in International Commercial and Investment Arbitration Awards: Should an arbitrator state his reasons? Why? How extensive and/or complete must the reasoning be for the process to be fully comprehensible and thus legitimate to the parties? What may be the consequences of an unsatisfactory reasoning? Readers will get useful insights into the legal reasoning process by accessing data from a recent large-scale empirical study of legal reasoning in commercial disputes. They will also be treated to some creative writing tips in the hope that reading an award becomes a more interesting part of the job. The ICC Institute of World Business Law brings together the finest legal minds to strengthen links between international business practitioners and the legal profession. The Institute ‘Dossiers’ is a series that has gained international prestige. These Dossiers are the outcome of the Institute’s annual meetings, where experts from around the globe come together to discuss salient issues of international commercial law and arbitration. An ICC Services publication, distributed by Kluwer Law International.

Author: Bernard Hanotiau
Publisher: Kluwer Law International B.V.
ISBN: 904112442X
Category : Law
Languages : en
Pages : 414

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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: Keith J. Holyoak, Ph.D.
Publisher: Oxford University Press
ISBN: 0199734682
Category : Psychology
Languages : en
Pages : 865

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Book Description
The Oxford Handbook of Thinking and Reasoning brings together the contributions of many of the leading researchers in thinking and reasoning to create the most comprehensive overview of research on thinking and reasoning that has ever been available. Each chapter includes a bit of historical perspective on the topic, and concludes with some thoughts about where the field seems to be heading.

Author: Stavros Brekoulakis
Publisher: Cambridge University Press
ISBN: 1316519252
Category : Law
Languages : en
Pages : 591

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Book Description
The book presents international commercial courts from a comparative perspective and highlights their role in transnational adjudication.

Author: Jean-Claude Goldsmith
Publisher: Kluwer Law International B.V.
ISBN: 904113414X
Category : Law
Languages : en
Pages : 690

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Book Description
Whether the and‘Aand’ stands for and‘appropriateand’, and‘amicableand’, or and‘alternativeand’, all out of court dispute resolution modes, collected under the banner term and‘ADRand’, aim to assist the business world in overcoming relational differences in a truly manageable way. The first edition of this book (2006) contributed to a global awareness that ADR is important in its own right, and not simply as a substitute for litigation or arbitration. Now, drawing on a wealth of new sources and developments, including the flourishing of hybrid forms of ADR, the subject matter has been largely augmented and expanded on two fronts: in-depth analysis (both descriptive and comparative) of methodology, expectations and outcomes and extended geographical coverage across all continents. As a result, in this book twenty-nine and‘intertwined but variegatedand’ essays (to use the editorand’s characterization) provide substantial insight in such specific topics as: ADRand’s flexible procedures as controlled by the parties; ADRand’s facilitation of the continuation of relations between the parties; privilege and confidentiality; involvement of non-legal professionals; the identity and the role of the and‘neutraland’ as well as the role of the arbitrator; the implementation of ICC and other international ADR rules; the workings of Dispute Boards and the role of ADR in securing investment and other specific objectives. In its compound thesis and– growing in relevance every day and– that numerous dispute resolution methods exist whose goals and developments are varied but fundamentally complementary, the multifaceted approach presented here is of immeasurable value to any business party, particularly at the international level. Practitioners faced with drafting a dispute resolution clause in a contract, or dealing with a dispute that has arisen, will find expert guidance here, and academics will expand their awareness of the issues raised by ADR, in particular as it relates to arbitration. A broad cross section of interested professionals will discover ample material for comparative study of how disputes are approached and resolved in numerous countries and cultures.

Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216

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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.