Party Autonomy in Private International Law PDF Download
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Author: Alex Mills
Publisher: Cambridge University Press
ISBN: 1107079179
Category : Law
Languages : en
Pages : 595
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Book Description
Provides an unprecedented historical, theoretical and comparative analysis and appraisal of party autonomy in private international law. These issues are of great practical importance to any lawyer dealing with cross-border legal relationships, and great theoretical importance to a wide range of scholars interested in law and globalisation.
Author: Alex Mills
Publisher: Cambridge University Press
ISBN: 1107079179
Category : Law
Languages : en
Pages : 595
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Book Description
Provides an unprecedented historical, theoretical and comparative analysis and appraisal of party autonomy in private international law. These issues are of great practical importance to any lawyer dealing with cross-border legal relationships, and great theoretical importance to a wide range of scholars interested in law and globalisation.
Author: Richard Frimpong Oppong
Publisher: Cambridge University Press
ISBN: 0521199697
Category : Law
Languages : en
Pages : 559
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Book Description
A comprehensive and in-depth analysis of how courts in the countries of Commonwealth Africa decide claims under private international law.
Author: Robert Force
Publisher: Kluwer Law International B.V.
ISBN: 904112330X
Category : Law
Languages : en
Pages : 362
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Book Description
Forum selection is typically the most crucial issue in a transnational case. Nowhere is this truer than in maritime law, where forum selection is the first and sometimes the only point of engagement in international maritime litigation. In this important collection of essays, ten outstanding maritime law scholars from eight countries analyze the complex theoretical and practical issues surrounding forum selection in maritime cases. Among the topics discussed are the following: injunctions; forum shopping for limitation of liability; forum non conveniens; effect of forum selection clauses; loss or damage to goods; the in personam link; and, recognition of foreign liens. The book stems from a symposium held at Tulane University in 2004 to honor the 70th birthday of Robert Force, the influential and respected scholar who founded the renowned Tulane Maritime Law Center. As befits such a festschrift, the book opens with a detailed analysis and overview of forum selection clauses, written by Professor Force and his Tulane colleague Martin Davies. This is followed by thought-provoking essays on comparative issues, procedural theory, competing jurisdictions, jurisdictional clauses, EC law, and other matters, and by insightful and knowledgeable reports on specific issues related to China and South Africa. At a moment in history when geopolitical trends and globalization of trade are rapidly growing and changing, maritime lawyers and the various agencies and commissions that sustain this vitally important branch of international legal practice will greatly appreciate this remarkable book.
Author: Luther L. McDougal
Publisher:
ISBN: 9781571052148
Category : Conflict of laws
Languages : en
Pages : 0
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Book Description
No less than in other jurisdictions worldwide, conflicts law in the US continues to undergo a major transformation. Accordingly, this fully updated new edition of the classic treatise and commentary on American conflicts law should be welcomed, not only in law schools, but also by all legal professionals practising before US Courts.
Author: Paul D. Friedland
Publisher: Juris Publishing, Inc.
ISBN: 1933833068
Category : Law
Languages : en
Pages : 368
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Book Description
"This book, by a leading international arbitration practitioner, offers suggested language for every option that a drafter of an international arbitration clause may need. Following a succinct assessment of the choice between arbitration and litigation and commentary on the choices among arbitration fora and formats, the author presents an accessible how-to for drafting. While other works offer theory and a smattering of drafting tips, there is no other comprehensive collection of workable language, presented accessibly with easy-to-reference appendices. This book will be a standard reference for both in-house counsel and outside practitioners. This book provides, in an accessible format, clauses that address all the significant issues that contracting parties face, and in any event should consider, when they decide to draft a dispute resolution clause for an international contract. Those who wish immediate access to suggested language may turn directly to the Appendices. Those who wish to understand the analysis that leads to the suggested language should read the text."--Publisher's website.
Author: Joseph M. Perillo
Publisher: West Academic Publishing
ISBN:
Category : Law
Languages : en
Pages : 994
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Book Description
The expert author provides a detailed treatment of the basic rules, principles, and issues in contracts. Topics covered include offer and acceptance, parol evidence and interpretation, consideration, promissory estoppel, contracts under seal, capacity of parties, conditions, performance, and breach. The author also discusses damages, avoidance and reformation, third-party beneficiaries, assignments, and the statute of frauds. The discharge of contracts and illegal bargains are also the subject of separate chapters.
Author: James H Carter
Publisher: Law Business Research Ltd.
ISBN: 1912377713
Category :
Languages : en
Pages : 926
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Book Description
The International Arbitration Review, edited by James H Carter of Wilmer Cutler Pickering Hale and Dorr, provides an analytical review of what has occurred in each of the important arbitration jurisdictions during the past year, capturing recent developments and putting them in the context of the jurisdiction's legal arbitration structure and selecting the most important matters for comment. In this book, leading practitioners seek to provide current information on both general international commercial arbitration and international investment arbitration, treating important investor-state dispute developments in each jurisdiction as a separate but closely related topic. There are in-depth examinations of arbitration in 41 jurisdictions as well as editorial chapters on The Impact of Corporate Taxation on Economic Losses, and overviews on ASEAN and Africa. Contributors include: Bart Legum, Michelle Bradfield and Jean-Christophe Honlet, Dentons; James Nicholson, FTI Consulting."e;This new and timely publication promises to tackle pressing and present day global concerns and to make valuable contributions to the ongoing dialogue on international arbitration"e; - Peter Tomka, President, International Court of Justice, The Hague"e;Comprehensive and topical, an excellent reference."e; - Professor Christine Mallin, University of Birmingham Business School"e;The most discursive and engaging survey of the world of arbitration today."e; - Jamie Maples, Weil Gotshal & Manges LLP
Author: Pedro De Miguel Asensio
Publisher: Edward Elgar Publishing
ISBN: 1035315130
Category : Law
Languages : en
Pages : 561
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Book Description
In this thoroughly revised second edition, Pedro De Miguel Asensio presents a practical analysis of jurisdiction, choice of law, and recognition and enforcement of judgments in the context of online activities, examining areas where private legal relationships are most affected by the Internet. Addressing the tension between the ubiquity of the Internet and the territorial nature of national legal orders, the author sets out the latest developments across multiple jurisdictions in this dynamic field.
Author: Mary Keyes
Publisher: Springer Nature
ISBN: 3030239144
Category : Law
Languages : en
Pages : 528
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Book Description
This book highlights the importance of optional choice of court agreements, and the need for future research and legal development in this area. The law relating to choice of court agreements has developed significantly in recent years, reflecting their increased use in practice. However, most recent legal developments concern exclusive choice of court agreements. In comparison, optional choice of court agreements, also called permissive forum selection clauses and non-exclusive jurisdiction clauses, have attracted little attention from lawmakers or commentators. This collection is comprised of 19 National Reports, providing a critical analysis of the legal treatment of optional choice of court agreements, including asymmetric choice of court agreements, under national laws as well as under multilateral instruments. It also includes a General Report offering an overview of this area of the law and a synthesis of the findings of the national reporters. The contributions to this collection show that the legal treatment of optional choice of courts differs between legal systems. In some countries, the law on the effect of optional choice of court agreements is at an early stage in its development, whereas in others the law is relatively advanced. Irrespective of this, the national reporters identify unresolved issues with the effect of optional choice of court agreements, where the law is unclear or the cases are conflicting, demonstrating that this topic warrants greater attention. This book is of interest to judges, legislators, lawyers, academics and students who are concerned with private international law and international civil procedure.
Author: Erin A. O'Hara
Publisher: Oxford University Press
ISBN: 0199718482
Category : Law
Languages : en
Pages : 289
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Book Description
Today, a California resident can incorporate her shipping business in Delaware, register her ships in Panama, hire her employees from Hong Kong, place her earnings in an asset-protection trust formed in the Cayman Islands, and enter into a same-sex marriage in Massachusetts or Canada--all the while enjoying the California sunshine and potentially avoiding many facets of the state's laws. In this book, Erin O'Hara and Larry E. Ribstein explore a new perspective on law, viewing it as a product for which people and firms can shop, regardless of geographic borders. The authors consider the structure and operation of the market this creates, the economic, legal, and political forces influencing it, and the arguments for and against a robust market for law. Through jurisdictional competition, law markets promise to improve our laws and, by establishing certainty, streamline the operation of the legal system. But the law market also limits governments' ability to enforce regulations and protect citizens from harmful activities. Given this tradeoff, O'Hara and Ribstein argue that simple contractual choice-of-law rules can help maximize the benefits of the law market while tempering its social costs. They extend their insights to a wide variety of legal problems, including corporate governance, securities, franchise, trust, property, marriage, living will, surrogacy, and general contract regulations. The Law Market is a wide-ranging and novel analysis for all lawyers, policymakers, legislators, and businesses who need to understand the changing role of law in an increasingly mobile world.
