Modern Day 'forum Shopping' in the Context of International Commercial Agreements PDF Download
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Author: Zoe Adele Justice
Publisher:
ISBN:
Category : Commercial treaties
Languages : en
Pages : 78
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Book Description
Author: Zoe Adele Justice
Publisher:
ISBN:
Category : Commercial treaties
Languages : en
Pages : 78
Get Book Here
Book Description
Author: Sellier European Law Publishers
Publisher:
ISBN: 9783866539914
Category :
Languages : en
Pages : 458
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Book Description
Author: Franco Ferrari
Publisher:
ISBN: 9781788970822
Category : Commercial law
Languages : en
Pages : 2104
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Book Description
Commentators and courts disagree on such fundamental issues as the definition of forum shopping and whether it is an 'unsung virtue' or an untrammelled vice. Disagreements persist on how to deal with 'virtuous' forum shopping or how best to proscribe "evil" forum shopping, if such a distinction can at all be made. The articles reprinted in this three-volume collection illuminate, explore and contest these questions. Volume I analyses the definitions and purposes of forum shopping, the right and duty to practise it and how it relates to private international law. Volume II focuses on the link between forum shopping and uniform substantive law as well as discussing jurisdictional issues and arbitration. Volume III investigates defamation, intellectual property and competition law, as well as examining insolvency proceedings along with treaty shopping. Together with an introduction by the editors, this collection provides a comprehensive overview of the topic and will prove useful to academics, students and practitioners alike.
Author: Andrew S. Bell
Publisher: Oxford Private International L
ISBN: 9780199248186
Category : Law
Languages : en
Pages : 402
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Book Description
The rules by which a venue is selected and settled upon for the resolution of any given transnational dispute have fostered a complex, fascinating and burgeoning body of law of great commercial significance. As courts and legislatures seek to fashion sophisticated yet practicaljurisdictional responses to this issue, practitioners strive to maximize their clients' prospects of success by securing their own preferred venue. For so long as different forums yield the prospect of different outcomes in the resolution of any given dispute, litigation about where to litigate isinevitable.Forum shopping is the province of plaintiffs and defendants alike. This book examines the fascinating competition to win the battle for venue in transnational litigation.It first identifies and analyses the pre-conditions and incentives for forum shopping. These serve to explain not only the frequent intensity of interlocutory litigation relating to questions of venue but also the reason why much transnational litigation settles once the issue of venue is resolved,in turn underlining the practical significance of the subject. The guiding principle of the 'natural forum' - the common law's conceptual response to disputed questions of venue - is subjected to detailed analysis and compared with the more orderly response of jurisdiction-regulating conventions,most successfully effected in EU Regulation 44/2001 and its progenitor, the Brussels Convention. Then the various techniques of what can be called 'reverse forum shopping' including the evolving law relating to anti-suit injunctions and its interplay with the concept of international judicialcomity are considered in detail. Finally, the book examines the role of, and the law relating to, jurisdiction and arbitration agreements in transnational litigation, including the manifold techniques by which parties seek to (and frequently do) extricate themselves from these forum-selectionarrangements.
Author: Martin Scheinin
Publisher: Cambridge University Press
ISBN: 1108499732
Category : Law
Languages : en
Pages : 517
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Book Description
Examines the role and impact of human rights norms in international courts other than human rights courts
Author: Luiz Eduardo Salles
Publisher: Cambridge University Press
ISBN: 1139952471
Category : Law
Languages : en
Pages : 371
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Book Description
Forum shopping, which consists of strategic forum selection, parallel litigation and serial litigation, is a phenomenon of growing importance in international adjudication. Preliminary objections (or a party's placement of conditions on the existence and development of the adjudicatory process) have been traditionally conceived as barriers to adjudication before single forums. This book discusses how adjudicators and parties may refer to questions of jurisdiction and admissibility in order to avoid conflicting decisions on overlapping cases, excessive exercises of jurisdiction and the proliferation of litigation. It highlights an emerging, overlooked function of preliminary objections: transmission belts of procedure-regulating rules across the 'international judiciary'. Activating this often dormant, managerial function of preliminary objections would nurture coordination of otherwise independent and autonomous tribunals.
Author: Franco Ferrari
Publisher: Sellier European Law Publishers
ISBN: 9783866532632
Category : Forum shopping
Languages : en
Pages : 0
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Book Description
Table of Contents Preface Forum Shopping in the International Commercial Arbitration Context: Setting the Stage Franco Ferrari -- A U.S. Perspective on Forum Shopping, Ethical Obligations, and International Commercial Arbitration Aaron D. Simowitz -- Forum Shopping and the Determination of the Place of Arbitration Filip De Ly-- Forum Shopping at the „Gateway" to International Commercial Arbitration George A. Bermann -- Anti-arbitration Injunctions and Anti-suit Injunctions: An Anglo-European Perspective Alexander Layton -- Enforcing Orders Against Third Parties (and Parties) for the Taking of Evidence in International Arbitration John Fellas --Interim Measures - Relevance of the Courts at the Place of Arbitration and Other Places Christopher Boog -- Courts and the Constitution of the Arbitral Tribunal: A Comparative Analysis of Standards of Arbitrator Independence and Impartiality Robert H. Smit -- Forum Shopping in International Arbitration - Forum Non Conveniens and Lack of Personal Jurisdiction Peter B. Rutledge -- Setting Aside of Arbitral Awards and Forum Shopping in International Arbitration: Delocalization, Party Autonomy and National Courts in Post-Award Review Loukas Mistelis -- Forum Shopping and Enforcement of Foreign Arbitral Awards: Notes on Public Policy Domenico Di Pietro -- Forum-Shopping and Post-Award Judgments Linda Silberman/Maxi Scherer -- Making Remission and Other "Curative" Mechanisms Part of the Forum Shopping Conversation - A View from the U.S. with Comparative Notes Jack J. Coe Jr. --Enforcement after the Arbitration: From National Courts to Public International Law Fora D. Brian King/Rahim Moloo.
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.
Author: Avi Bell
Publisher: Jerusalem Ctr Public Affairs
ISBN: 965218070X
Category : Arab-Israeli conflict
Languages : en
Pages : 28
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Book Description
When an armed force holds territory beyond the borders of its own nation, "occupation" is the term that most readily comes to mind. It may be difficult to think of a more felicitous term to describe the factual situation. But not all the broad spectrum of factual situations that we commonly think of as "occupation" fall within the limited scope of the term "occupation" as defined in international law. Not every situation we refer to as "occupation" is subject to the international legal regime that regulates occupation and imposes obligations upon the occupier.
Author: Lynn LoPucki
Publisher: University of Michigan Press
ISBN: 0472031708
Category : Business & Economics
Languages : en
Pages : 335
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Book Description
An eye-opening account of the widespread and systematic decay of America's bankruptcy courts
