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Author: THOMAS E. CARBONNEAU
Publisher: West Academic Publishing
ISBN: 9781642425833
Category :
Languages : en
Pages : 1051
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Book Description
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Author: THOMAS E. CARBONNEAU
Publisher: West Academic Publishing
ISBN: 9781642425833
Category :
Languages : en
Pages : 1051
Get Book
Book Description
Description Coming Soon!
Author: Vesna Lazić
Publisher: Springer
ISBN: 946265252X
Category : Law
Languages : en
Pages : 127
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Book Description
The contributions in this book cover a wide range of topics within modern disputeresolution, which can be summarised as follows: harmonisation, enforcement andalternative dispute resolution. In particular, it looks into the impact of harmonisedEU law on national rules of civil procedure and addresses the lack of harmonisationin the US regarding the recognition and enforcement of foreign judgments. Furthermore,the law on enforcement is examined, not only by focusing on US law, but also onhow to attach assets in order to enforce a judgment. Finally, it addresses certain typesof alternative dispute resolution. In addition, the book looks into the systems andcultures of dispute resolution in several regions of the world, such as the EU, the US andChina, that have a high impact on globalisation. Hence, the book is diverse in the senseof dealing with multiple issues in the field of modern dispute resolution./div The book offers explorations of the impact of international rules and EU law on domesticcivil procedure, through case studies from, among others, the US, China, Belgium andthe Netherlands. The relevance of EU law for the national debate and its impact on theregulation of civil procedure is also considered. Furthermore, several contributions discussthe necessity and possibility of harmonisation in the emergency arbitrator mechanisms inthe EU. The harmonisation of private international law rules within the EU, particularlythose of a procedural nature, is juxtaposed to the lack thereof in the US. Also, the bookoffers an overview of the current dispute settlement mechanisms in China. The publication is primarily meant for legal academics in private international law andcivil procedure. It will also prove useful to practitioners regularly engaged in cross-borderdispute resolution and will be of added value to advanced students, as well as to those withan interest in international litigation and more generally in the area of dispute resolution. Vesna Lazić is Senior Researcher at the T.M.C. Asser Institute, Associate Professor ofPrivate Law at Utrecht University and Professor of European Civil Procedure at theUniversity of Rijeka. Steven Stuij is an expert in Private International Law and a PhD Candidate/GuestResearcher at the Erasmus School of Law, Rotterdam. Ton Jongbloed is Guest Editor on this volume./div
Author: Eric De Brabandere
Publisher: Cambridge University Press
ISBN: 1108963218
Category : Law
Languages : en
Pages : 445
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Book Description
The settlement of interstate disputes through recourse to courts and tribunals has grown gradually over the years, not only through the creation of new mechanisms to that effect, but also by using existing courts and tribunals. How these different international dispute settlement mechanisms operate in theory and practice is the subject of this comparative analysis by academic and practicing lawyers. The book takes stock of the procedure applicable in various interstate dispute settlement bodies, including international and regional courts and tribunals, and arbitration. This comparative view is essential to a better understanding of the strengths and weaknesses of the various procedural rules and regulations and the practical operation of international litigation. This book is aimed not only at scholars, but also at the courts and tribunals themselves, assisting them in revising their procedures, and at States and organisations developing future international legal mechanisms.
Author: Andreas F. Lowenfeld
Publisher: West Group
ISBN: 9780314012012
Category : Arbitration and award, International.
Languages : en
Pages : 277
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Book Description
Author: Thomas E. Carbonneau
Publisher: West Academic Publishing
ISBN: 9780314911520
Category : Conflict of laws
Languages : en
Pages : 0
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Book Description
These materials introduce students to the processes for resolving international commercial disputes. The focus is exclusively upon judicial and arbitral adjudication, and the text endeavors to expose students to the comparative advantages and disadvantages of each. While arbitration is not a perfect process, it does far better than municipal trial systems in establishing an international rule of law for commerce and commercial transactions. The treatment of traditional problems--such as jurisdiction, proof of foreign law, and trans-border evidence-gathering--is comprehensive and thorough. The materials consistently address the practical issues that attend the international representation of clients, as well as the analytical difficulties that accompany them. The text contains commentary and a series of probing analytical questions that will stimulate the students' imaginations and test their emerging professional mettle.
Author: George A. Bermann
Publisher: BRILL
ISBN: 9004348271
Category : Law
Languages : en
Pages : 648
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Book Description
No field of legal scholarship or practice operates in the world of private international law as continuously and pervasively as does international arbitration, commercial and investment alike. Arbitration’s dependence on private international law manifests itself throughout the life-cycle of arbitration, from the crafting of an enforceable arbitration agreement, through the entire arbitral process, to the time an award comes before a national court for annulment or for recognition and enforcement. Thus international arbitration provides both arbitral tribunals and courts with constant challenges. Courts may come to the task already equipped with longstanding private international law assumptions, but international arbitrators must largely find their own way through the private international law thicket. Arbitrators and courts take guidance in their private international law inquiries from multiple sources: party agreement, institutional rules, treaties, the national law of competing jurisdictions and an abundance of “soft law”, some of which may even be regarded as expressing an international standard. In a world of this sort, private international law resourcefulness is fundamental.
Author: Ralph Haughwout Folsom
Publisher:
ISBN: 9781628103540
Category : Arbitration (International law)
Languages : en
Pages : 0
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Book Description
Principles of International Litigation and Arbitration is part of West Academic Publishing's Concise Hornbook series. Its coverage commences in Part One with an introduction to the area, notably choice of law, choice of forum and forum non conveniens issues. Part Two focuses on International Commercial and Foreign Investment Arbitration. Part Three examines International Business Litigation (including jurisdiction, procedure, sovereign defenses, enforcement of judgments and the EU litigation system), finishing with Part Four on WTO and NAFTA Dispute Settlement. Principles provides considerably more depth, analysis, citations and related documents than found in the West Nutshell Series. Principles of International Business Litigation and Arbitration can be used in connection with any international dispute settlement course book. West Academic Publishing has a number of course books in these areas. Principles can also be used independently as an inexpensive course book, notably in conjunction with the legal documents appended at the end of its chapters.
Author: Andreas F. Lowenfeld
Publisher: West Academic Publishing
ISBN:
Category : Law
Languages : en
Pages : 1000
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Book Description
Author: Gary B. Born
Publisher: Kluwer Law International B.V.
ISBN: 9403532548
Category : Law
Languages : en
Pages : 627
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Book Description
International Arbitration: Law and Practice (Third Edition) provides comprehensive and authoritative coverage of the basic principles and legal doctrines, and the practice, of international arbitration. The book contains a systematic, but concise, treatment of all aspects of the arbitral process, including international arbitration agreements, international arbitral proceedings and international arbitral awards. The Third Edition guides both students and practitioners through the entire arbitral process, beginning with drafting, enforcing and interpreting international arbitration agreements, to selecting arbitrators and conducting arbitral proceedings, to recognizing, enforcing and seeking to annul arbitral awards. The book is written in clear, accessible language, suited for both law students and non-specialist practitioners, as well as more experienced readers. This highly regarded work addresses both international commercial arbitration and the related fields of investment and state-to-state arbitration and is essential reading for any student of international arbitration and any practitioner seeking a complete introduction to the field. The Third Edition has been comprehensively updated to include recent legislative amendments, judicial decisions and arbitral awards. Among other things, the book provides detailed treatment of the New York Convention, the UNCITRAL Model Law on International Commercial Arbitration, all leading institutional arbitration rules (including ICC, SIAC, LCIA, AAA and others), the ICSID Convention and ICSID Arbitration Rules, and judicial decisions from leading jurisdictions. The Third Edition is integrated with the author’s classic International Commercial Arbitration and with the online Born International Arbitration Lectures, enabling students, teachers and practitioners to explore particular topics in more detail. About the Author: Gary B. Born is the world’s leading authority on international arbitration and litigation. He has practiced extensively in both fields in Europe, the United States, Asia and elsewhere. He is the author of International Commercial Arbitration (Kluwer Law International 3rd ed. 2021), International Arbitration and Forum Selection Agreements: Drafting and Enforcing (Kluwer Law International 6th ed. 2021), International Commercial Arbitration: Cases and Materials (Aspen 3rd ed. 2021) and International Civil Litigation in United States Courts (Aspen 6th ed. 2018).
Author: Julian D. M. Lew
Publisher: Kluwer Law International B.V.
ISBN: 9041115684
Category : Law
Languages : en
Pages : 994
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Book Description
This treatise describes the practice of international commercial arbitration with reference to the major international treaties and instruments, arbitration rules and national laws. It provides an analysis of the interaction between party autonomy and arbitration practice.
