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Author: Andrew Mak
Publisher:
ISBN: 9789888301980
Category : Injunctions
Languages : en
Pages : 468
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Book Description
Author: Andrew Mak
Publisher:
ISBN: 9789888301980
Category : Injunctions
Languages : en
Pages : 468
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Book Description
Author: Kirstin Stoll-DeBell
Publisher: American Bar Association
ISBN: 9781604424027
Category : Law
Languages : en
Pages : 484
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Book Description
The injunction is an exceptionally potent remedy, the grant or denial of which often leads to a cascade of serious consequences. This comprehensive and practical guide to injunctive relief covers all issues that are relevant to these types of motions from pre-filing considerations to appellate relief. The book also includes time-saving checklists, flowcharts to help practitioners decide whether to file such motions and statistics relating to how often these motions are granted/denied.
Author: Jorge L. Contreras
Publisher: Cambridge University Press
ISBN: 1108835619
Category : Law
Languages : en
Pages : 363
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Book Description
Explains how the tailoring of injunctions in patent law works in Europe, the United States, Canada, and Israel.
Author: Owen M. Fiss
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1272
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Book Description
Author: Emmanuel Gaillard
Publisher: Juris Publishing, Inc.
ISBN: 1929446608
Category : Law
Languages : en
Pages : 372
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Book Description
IAI Series No. 2 The International Arbitration Institute (IAI) series on international arbitration is a new periodic series of publications that will focus on cutting edge issues and developments in international arbitration. About the IAI: The International Arbitration Institute (IAI), an organization created under the auspices of the Comité Français de ľ Arbitrage (CFA), was created to promote exchanges in international arbitration. The IAI is designed to promote exchanges on current issues in the field of international commercial arbitration. Its activities include the regular organization of international conferences, colloquiums, as well as conducting various research projects. About the Book: Anti-suit injunctions are a device, originally found in common law countries, whereby a court - which retains its jurisdiction or anticipates to do so and which seeks to protect that jurisdiction or, more generally, the jurisdiction of the forum it deems to be the most appropriate - orders a party to refrain from bringing a claim before the courts of another State or before an arbitral tribunal or, if the party has already brought such a claim, orders that party to withdraw from, or the arbitrators to suspend, the proceedings. In the past few years, the use of anti-suit injunctions in the context of international arbitration has been spreading at a disturbing pace. The courts of many common law countries but also those of civil law tradition frequently resort to this device at a party's request, in order to disrupt the arbitration process or resist the enforcement of the award. How best to resolve those conflicts arising as a result of national courts' differing perspectives on the validity and scope of certain arbitration agreements? Are anti-suit injunctions in conformity with the requirements of public international law? When the courts of certain States enjoin a party to refrain from proceeding with an arbitration, should other courts enjoin them not to enjoin, or should they, like the U.S. Court of Appeal for the 5th Circuit in the Pertamina case, exercise a commandable "self-restriction"? These are just a few of the issues addressed in Anti-Suit Injunctions in International Arbitration.
Author: Brendan Kirwan
Publisher:
ISBN: 9780414050631
Category :
Languages : en
Pages :
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Book Description
Injunctions Law and Practice examines the law and practice relating to injunctions as a discrete topic, looking at them from a statutory, case-based and practical perspective. New to this edition * Highlights the evolving approach of the courts to their jurisdiction to hear injunction applications, including an analysis of appropriate originating documentation, together with a consideration of the jurisdiction of the Circuit Court to hear injunction applications * Identifies the role and practice of the Court of Appeal on injunction applications * Considers the impact of Regulation 1215/2012, "Brussels 1 Recast" * Reviews the ongoing evolution and refinement of the Campus Oil guidelines coupled with the "Okunade gloss", with a focus on the courts' emphasis on achieving the least risk of injustice * Includes expanded coverage and analysis of the following key areas: the costs of interlocutory injunction applications in light of the amendments to RSC Ord.99; the obligation on the State to give undertakings as to damages; commercial injunctions; employment law injunctions both pre- and post- termination; and the approach to injunction applications in different areas of the civil and criminal law including alternative dispute resolution, banking and finance law, company and insolvency law, Constitutional law, European law, immigration law, intellectual property, land and related rights, planning law and publication * Detailed review of the distinction between civil and criminal contempt * Explores possible reform of rules and procedures * Includes all up-to-date case law * Fully-restructured to make the title even more accessible Contents * Domestic Jurisdiction * Extraterritorial Jurisdiction * Parties to the Action * Equitable and General Principles * Interim Applications * Interlocutory Applications * Perpetual Injunctions * Commercial Injunctions * Employment * General Application * Breach of an Injunction About the author Brendan Kirwan is a practising barrister.
Author: Martin Husovec
Publisher: Cambridge University Press
ISBN: 1108244467
Category : Law
Languages : en
Pages : 296
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Book Description
In the European Union, courts have been expanding the enforcement of intellectual property rights by employing injunctions to compel intermediaries to provide assistance, despite no allegation of wrongdoing against these parties. These prospective injunctions, designed to prevent future harm, thus hold parties accountable where no liability exists. Effectively a new type of regulatory tool, these injunctions are distinct from the conventional secondary liability in tort. At present, they can be observed in orders to compel website blocking, content filtering, or disconnection, but going forward, their use is potentially unlimited. This book outlines the paradigmatic shift this entails for the future of the Internet and analyzes the associated legal and economic opportunities and problems.
Author: Robert J. Sharpe
Publisher: Canada Law Book
ISBN: 9780888042903
Category : Injunctions
Languages : en
Pages :
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Book Description
Author: William Williamson Kerr
Publisher: Gaunt
ISBN:
Category : Law
Languages : en
Pages : 824
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Book Description
Author: C. Bradford Biddle
Publisher: Cambridge University Press
ISBN: 1108426751
Category : Business & Economics
Languages : en
Pages : 379
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Book Description
Through a collaboration among twenty legal scholars from North America, Europe and Asia, this book presents an international consensus on the use of patent remedies for complex products such as smartphones, computer networks, and the Internet of Things. This title is also available as Open Access on Cambridge Core.
