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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.
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.
Author: Githu Muigai Publisher: African Books Collective ISBN: 9966031537 Category : Law Languages : en Pages : 244
Book Description
Arbitration Law and Practice in Kenya is a practical reference text for one of the fastest growing areas of legal practice in Kenya today. The text covers the arbitration process from the arbitration agreement to commencement of proceedings and to the delivery of the Award in the Kenyan context. All topics are covered against the provisions of the Arbitration Act, 1995, the Civil Procedure Act, the UNICTRAL Model Law, relevant international conventions and relevant case law, local, regional and international. The book will prove useful for students, practitioners and arbitrators.
Author: Shahla F. Ali Publisher: Edward Elgar Publishing ISBN: 1803920041 Category : Law Languages : en Pages : 313
Book Description
After decades of focus on harmonization, which for too many represents no more than Western legal dominance and a largely homogeneous arbitration practitioner community, this ground-breaking book explores the increasing attention being paid to the need for greater diversity in the international arbitration ecosystem. It examines diversity in all its forms, investigating how best to develop an international arbitral order that is not just tolerant of diversity, but that sustains and promotes diversity in concert with harmonized practices.
Author: Jawad Syed Publisher: Cambridge University Press ISBN: 9781107136038 Category : Business & Economics Languages : en Pages : 0
Book Description
Employees bring their beliefs and religious values to work, and this can be a source of either positive performance or negative conflict. Social conflicts around religion impact more than societies and communities. They also impact organizations. 'Anti-religion' sentiments tend to be based on the perception that religion can be neatly separated from the 'more acceptable/palatable' spirituality, but this ignores the fact that - for most people - the two are intimately intertwined and inseparable. As religious identity is salient for a majority of the world's population, it is thus an important aspect of organizations - particularly those with a large and diverse body of employees. This handbook provides a timely and necessary analysis of religious diversity in organizations, investigating the role of national context, the intersections of religion with ethnicity and gender, and approaches to diversity management.
Author: Herbert Kronke Publisher: Kluwer Law International B.V. ISBN: 9041123563 Category : Law Languages : en Pages : 674
Book Description
The analysis thoroughly covers the major issues that have arisen in the application of the Convention, including the following: - the use of reservations made by Contracting States; - the distinctions between recognition and enforcement and between recognition sought at the seat of the arbitration and outside the seat; - the role of the courts in reviewing arbitral awards and, in particular, the Convention's focus on safeguarding due process standards; - the more favourable rightsA" principle embodied in Article VII(1); - the relevance of forum shopping and asset spotting to the application of the Convention; and - the role of formalities and formalism. The end result is an invaluable work that will prove enormously useful to all international commercial arbitration practitioners and scholars, regardless of location.
Author: José R. Mata Dona Publisher: Edward Elgar Publishing ISBN: 178897400X Category : Law Languages : en Pages : 643
Book Description
This book examines the intersection of EU law and international arbitration based on the experience of leading practitioners in both commercial and investment treaty arbitration law. It expertly illustrates the depth and breadth of EU law’s impact on party autonomy and on the margin of appreciation available to arbitral tribunals.
Author: Chirag Balyan Publisher: Centre for Arbitration and Research, Maharashtra National Law University Mumbai ISBN: 9355267738 Category : Law Languages : en Pages : 196
Book Description
The handbook on Investment Arbitration in India has been prepared by the team at the Centre for Arbitration and Research of Maharashtra National Law University Mumbai to create a reliable and accessible resource for the students, lawyers and practitioners. The handbook discusses the history, nature and fundamental concepts of investment arbitration. It also examines the investment arbitration cases involving India as a party, how investment arbitration awards are enforced in India and the recent debates and trends for the reforms in the investor-state dispute mechanisms. The handbook charts out various career options in this field.
Author: Dik Gregory Publisher: ISBN: 9780115531200 Category : Merchant marine Languages : en Pages : 114
Book Description
Based on a wide range of consultations with maritime organisations, the guide was produced by organisational psychologists gs partnership ltd, for consortium partners UK Maritime and Coastguard Agency, BP Shipping, Teekay Marine Services, and the Standard P&I Club. Aimed at everyone in the shipping industry, the Guide explains the fundamental aspects of human behaviour, which together constitute what the commercial maritime sector calls 'the human element'. It makes clear that the human element is neither peripheral nor optional in the pursuit of a profitable and safe shipping industry. The Guide clearly shows that managing the human element must take place simultaneously at all levels of the industry. Analysis of continuing shipping disasters has increasingly implicated the human element. The loss of life, the impact on company profits and credibility, and the vast environmental damage that can result from the loss of even a single vessel remain clear. The Guide offers insight, explanation and advice to help manage the human element more effectively, more safely and more profitably.
Author: Nael G. Bunni Publisher: John Wiley & Sons ISBN: 1118658655 Category : Law Languages : en Pages : 731
Book Description
In September 1999, FIDIC introduced its new Suite of Contracts, which included a “new” Red, Yellow, Silver and Green forms of contract. The “new” Red Book was intended to replace the 1992 fourth edition of the Red Book, with the ambition that its use would cease with time. This ambition has not materialised and is unlikely to do so in the future. Despite the importance of the 1999 Forms, there has been very little published on the new concepts adopted in them and how they interact with the previous forms. This important work considers these aspects together with the many developments affecting the fourth edition of the Red Book that have taken place since 1997, when the second edition of this book was published, and relates them to key contracting issues. It is written by a chartered engineer, conciliator and international arbitrator with wide experience in the use of the FIDIC Forms and in the various dispute resolution mechanisms specified in them. Important features of this book include: · background and concepts of the various forms of contract; · a detailed comparison of the wording of the1999 three main forms, which although similar in nature; it nevertheless significantly differs in certain areas where the three forms diverge due to their intended purpose; · analysis of the rights and obligations of the parties involved in the contract and the allocation of risks concerned; · a range of ‘decision tree’ charts, analysing the main features of the 1992 Red Book, including risks, indemnities and insurances, claims and counterclaims, variations, procedure for claims, programme and delay, suspension, payments and certificates, dispute resolution mechanisms, and dispute boards; · a much enlarged discussion of the meaning of “claim” and “dispute” and the types of claim with a discussion of the Notice provision in the 1999 forms of contract for the submittal of claims by a contractor and by an employer; · the FIDIC scheme of indemnities and insurance requirements; and the methods of dispute resolution provided by the various forms of contract; and · five new chapters in this third edition, the first four chapters deal with each of the 1999 forms and the fifth chapter is confined to the topic of Dispute Boards.
Author: Food and Agriculture Organization of the United Nations Publisher: Food & Agriculture Org. ISBN: 9251312702 Category : Political Science Languages : en Pages : 576
Book Description
The State of the World's Biodiversity for Food and Agriculture presents the first global assessment of biodiversity for food and agriculture worldwide. Biodiversity for food and agriculture is the diversity of plants, animals and micro-organisms at genetic, species and ecosystem levels, present in and around crop, livestock, forest and aquatic production systems. It is essential to the structure, functions and processes of these systems, to livelihoods and food security, and to the supply of a wide range of ecosystem services. It has been managed or influenced by farmers, livestock keepers, forest dwellers, fish farmers and fisherfolk for hundreds of generations. Prepared through a participatory, country-driven process, the report draws on information from 91 country reports to provide a description of the roles and importance of biodiversity for food and agriculture, the drivers of change affecting it and its current status and trends. It describes the state of efforts to promote the sustainable use and conservation of biodiversity for food and agriculture, including through the development of supporting policies, legal frameworks, institutions and capacities. It concludes with a discussion of needs and challenges in the future management of biodiversity for food and agriculture. The report complements other global assessments prepared under the auspices of the Commission on Genetic Resources for Food and Agriculture, which have focused on the state of genetic resources within particular sectors of food and agriculture.
Author: Lisa Bench Nieuwveld
Author: Lisa Bench Nieuwveld
Author: Githu Muigai
Author: Shahla F. Ali
Author: Jawad Syed
Author: Herbert Kronke
Author: José R. Mata Dona
Author: Chirag Balyan
Author: Dik Gregory
Author: Nael G. Bunni
Author: Food and Agriculture Organization of the United Nations