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Forum Non Conveniens

Forum Non Conveniens Author Ronald A. Brand
ISBN-10 9780195329278
Release 2007-07-27
Pages 342
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This book provides and in-depth analysis of the common law doctrine of Forum Non Conveniens as it has evolved in the four major common law countries.



The Nature and Enforcement of Choice of Court Agreements

The Nature and Enforcement of Choice of Court Agreements Author Mukarrum Ahmed
ISBN-10 9781509914463
Release 2017-10-05
Pages 336
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"This constitutes a work of impressive scholarship that will become a major reference point for future discourse on choice of court agreements. Dr Ahmed advances a firm thesis in a lucid manner that will satisfy both academics and practitioners. The discussion is supported by a monumental foundation of underpinning research. Ahmed's monograph throughout shows clear understanding of underlying substantive laws and in Chapter 11 displays a refreshing willingness to engage in intelligent speculation on the implications of Brexit." Professor David Milman, University of Lancaster. This book examines the fundamental juridical nature, classification and enforcement of choice of court agreements in international commercial litigation. It is the first full-length attempt to integrate the comparative and doctrinal analysis of choice of court agreements under the Brussels I Recast Regulation, the Hague Convention on Choice of Court Agreements ('Hague Convention') and the English common law jurisdictional regime into a theoretical framework. In this regard, the book analyses the impact of a multilateral and regulatory conception of private international law on the private law enforcement of choice of court agreements before the English courts. In the process, it both pre-empts and offers innovative solutions to issues that may arise under the jurisprudence of the emergent Brussels I Recast Regulation and the Hague Convention. The need to understand the nature and enforcement of choice of court agreements before the English courts from the perspective of the EU private international law regime and the Hague Convention cannot be understated. This important new study aims to fill an existing gap in the literature in relation to an account of choice of court agreements which explores and reconnects arguments drawn from international legal theory with legal practice. However, the scope of the work remains most relevant for cross-border commercial lawyers interested in crafting pragmatic solutions to the conflicts of jurisdictions.



Transaction Planning Using Rules on Jurisdiction and the Recognition and Enforcement of Judgments

Transaction Planning Using Rules on Jurisdiction and the Recognition and Enforcement of Judgments Author Ronald A. Brand
ISBN-10 9789004268111
Release 2014-04-11
Pages 353
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Also available as an e-book Private international law is normally discussed in terms of rules applied in litigation involving parties from more than one State. Those same rules are fundamentally important, however, to those who plan crossborder commercial transactions with a desire to avoid having a dispute arise — or at least to place a party in the best position possible if a dispute does arise. This makes rules regarding jurisdiction, applicable law, and the recognition and enforcement of judgments vitally important to contract negotiations. It also makes the consideration of transactional interests important when developing new rules of private international law. These lectures examine rules of jurisdiction and rules of recognition and enforcement of judgments in the United States and the European Union, considering their similarities, their differences, and how they affect the transaction planning process.



Civil Litigation in a Globalising World

Civil Litigation in a Globalising World Author X.E. Kramer
ISBN-10 9789067048163
Release 2012-02-02
Pages 390
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Globalization of legal traffic and the inherent necessity of having to litigate in foreign courts or to enforce judgments in other countries considerably complicate civil proceedings due to great differences in civil procedure. This may consequently jeopardize access to justice. This triggers the debate on the need for harmonization of civil procedure. In recent years, this debate has gained in importance because of new legislative and practical developments both at the European and the global level. This book discusses the globalization and harmonization of civil procedure from the angles of legal history, law and economics and (European) policy. Attention is paid to the interaction with private law and private international law, and European and global projects that aim at the harmonization of civil procedure or providing guidelines for fair and efficient adjudication. It further includes contributions that focus on globalization and harmonization of civil procedure from the viewpoint of eight different jurisdictions. This book is an unique combination of theory and practice and valuable for academic researchers in the area of civil procedure, private international law, international law as well as policy makers (national and EU), lawyers, judges and bailiffs.



Mining in Latin America

Mining in Latin America Author Kalowatie Deonandan
ISBN-10 9781317414506
Release 2016-07-15
Pages 292
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The last two decades have witnessed a dramatic expansion and intensification of mineral resource exploitation and development across the global south, especially in Latin America. This shift has brought mining more visibly into global public debates and spurred a great deal of controversy and conflict. This volume assembles new scholarship that provides critical perspectives on these issues. The book marshals original, empirical work from leading social scientists in a variety of disciplines to address a range of questions about the practices of mining companies on the ground, the impacts of mining on host communities, and the responses to mining from communities, civil society and states. The book further explores the global and international causes, consequences and innovations of this new era of mining activity in Latin America. Key issues include the role of Canadian mining companies and their investment in the region, and, to a lesser extent, the role of Chinese mining capital. Several chapters take a regional perspective, while others are based on empirical data from specific countries including Bolivia, Brazil, El Salvador, Guatemala and Peru.



General Principles of Law and International Due Process

General Principles of Law and International Due Process Author Charles T. Kotuby, Jr.
ISBN-10 9780190642716
Release 2017-02-10
Pages 288
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Article 38 of the Statute of the International Court of Justice defines "international law" to include not only "custom" and "convention" between States but also "the general principles of law recognized by civilized nations" within their municipal legal systems. In 1953, Bin Cheng wrote his seminal book on general principles, identifying core legal principles common to various domestic legal systems across the globe. This monograph summarizes and analyzes the general principles of law and norms of international due process, with a particular focus on developments since Cheng's writing. The aim is to collect and distill these principles and norms in a single volume as a practical resource for international law jurists, advocates, and scholars. The information contained in this book holds considerable importance given the growth of inter-state intercourse resulting in the increased use of general principles over the past 60 years. General principles can serve as rules of decision, whether in interpreting a treaty or contract, determining causation, or ascertaining unjust enrichment. They also include a core set of procedural requirements that should be followed in any adjudicative system, such as the right to impartiality and the prohibition on fraud. Although the general principles are, by definition, basic and even rudimentary, they hold vital importance for the rule of law in international relations. They are meant not to define a rule of law, but rather the rule of law.



Encyclopedia of Private International Law

Encyclopedia of Private International Law Author Jürgen Basedow
ISBN-10 1782547223
Release 2017-09-29
Pages 2500
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The Encyclopedia of Private International Law quite simply represents the definitive reference work in the field. Bringing together 195 authors from 57 countries the Encyclopedia sheds light on the current state of Private International Law around the globe, providing unique insights into the discipline and how it is affected by globalization and increased regional integration.The role and character of Private International Law has changed tremendously over the past decades. With the steady increase of global and regional inter-connectedness the practical significance of the discipline has grown. And so has the number of legislative activities on the national, international and, most importantly, the European level.The Encyclopedia is a rich and varied resource in four volumes. The first two volumes provide comprehensive coverage of topical aspects of Private International Law in the form of 247 alphabetically arranged entries. The third volume provides insightful detail on the national Private International Law regimes of 80 different countries. The fourth volume presents invaluable, and often unique, English language translations of the national codifications and provisions of Private International Law in those countries.Key Features:* 247 substantive entries* 80 national reports* Entries organized alphabetically for ease of navigation * Fully cross-referenced* Entries written by the world's foremost scholars of Private International Law* National codifications in English collected together into a single volume for quick reference* World class editor team.



Human Rights in Business

Human Rights in Business Author Juan José Álvarez Rubio
ISBN-10 9781351979153
Release 2017-01-20
Pages 158
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The capacity to abuse, or in general affect the enjoyment of human, labour and environmental rights has risen with the increased social and economic power that multinational companies wield in the global economy. At the same time, it appears that it is difficult to regulate the activities of multinational companies in such a way that they conform to international human, labour and environmental rights standards. This has partially to do with the organization of companies into groups of separate legal persons, incorporated in different states, as well as with the complexity of the corporate supply chain. Absent a business and human rights treaty, a more coherent legal and policy approach is required. Faced with the challenge of how to effectively access the right to remedy in the European Union for human rights abuses committed by EU companies in non-EU states, a diverse research consortium of academic and legal institutions was formed. The consortium, coordinated by the Globernance Institute for Democratic Governance, became the recipient of a 2013 Civil Justice Action Grant from the European Commission Directorate General for Justice. A mandate was thus issued for research, training and dissemination so as to bring visibility to the challenge posed and moreover, to provide some solutions for the removal of barriers to judicial and non-judicial remedy for victims of business-related human rights abuses in non-EU states. The project commenced in September 2014 and over the course of two years the consortium conducted research along four specific lines in parallel with various training sessions across EU Member States. The research conducted focused primarily on judicial remedies, both jurisdictional barriers and applicable law barriers; non-judicial remedies, both to company-based grievance. The results of this research endeavour make up the content of this report whose aim is to provide a scholarly foundation for policy proposals by identifying specific challenges relevant to access to justice in the European Union and to provide recommendations on how to remove legal and practical barriers so as to provide access to remedy for victims of business-related human rights abuses in non-EU states.



International Jurisdiction and Commercial Litigation

International Jurisdiction and Commercial Litigation Author Hélène van Lith
ISBN-10 9067043036
Release 2009-06-11
Pages 606
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avoiding gaps and provide a claimant with limited forum shopping possibilities. In that same vein, the paradigm proposed by Ms. Van Lith ought to shift to special grounds of jurisdiction based on sufficient connection between the defendant and the forum state. In that respect, she proposes jurisdiction at the place where the defendant has a fixed place of business from which he carries out business activities directly related to the claimant’s contractual claim. Absent such a place of business, jurisdiction is to be vested in the courts of the country where the defendant is engaged in substantial business activities in relation to the contract with a limited forum shopping for a claimant in favour of the court of the defendant’s home country. Other general or special grounds for jurisdiction (such as claimant-related connections or property-based connections) are rejected because they do not meet the proposed paradigm of sufficient connection. As to exceptions to international jurisdiction rules as proposed, Ms. Van Lith comes to the conclusion that a general escape provision is to be avoided except for the ‘tra- acting business’ rule where – in accordance with the paradigm proposed – international jurisdiction can be avoided in favour of the defendant’s home court when the dispute is insufficiently connected with the forum making it unfair under the circumstances to expect the defendant to be subjected to the jurisdiction of that court. In this respect, a balanced approach to predictability and flexibility is being proposed.



The 2005 Hague Convention on Choice of Court Agreements

The 2005 Hague Convention on Choice of Court Agreements Author Ronald A. Brand
ISBN-10 9781139470438
Release 2008-04-07
Pages 319
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The Hague Convention on Choice of Court Agreements was concluded on June 30, 2005, and promises to become an important instrument in judicial relations throughout the world, making choice of forum clauses both more likely to be honored and more likely to lead to judgments that will be recognized and enforced around the globe. The Convention, and the proposed treatise, will serve as an indispensable source for both transactions lawyers drafting the transnational commercial contracts of the future and for litigators involved in the resolution of disputes between parties to important transnational commercial transactions.



Procedure and Private International Law

Procedure and Private International Law Author Wendy Collins Perdue
ISBN-10 1785361449
Release 2017-02-24
Pages
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This collection brings together leading English language journal articles in the area of private international law. It focuses on a range of procedural issues that have particular salience for international litigation including the location of proceedings and discovery, class actions and the aggregation of claims, and the professional responsibility challenges for lawyers practicing in multiple jurisdictions. The articles are accompanied by an original introduction, which provides valuable context and insight for the issues addressed. This comprehensive new title is an essential tool for universities, academic institution libraries and international law scholars.



Family Law in India

Family Law in India Author K. B. Agrawal
ISBN-10 9789041132925
Release 2010
Pages 314
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After an informative general introduction, the book proceeds to an in-depth discussion ofthe sources and instruments of family and succession law, the authorities that adjudicateand administer the laws, and issues surrounding the person as a legal entity and the legaldisposition of property among family members. Such matters as nationality, domicile, andresidence; marriage, divorce, and cohabitation; adoption and guardianship; successionand inter vivos arrangements; and the acquisition and administration of estates are alltreated to a degree of depth that will prove useful in nearly any situation likely to arise inlegal practice.



EU PIL

EU PIL Author Joseph M. Lookofsky
ISBN-10 1933833254
Release 2009
Pages 202
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EU PIL has been writing in one form or another for most of life. You can find so many inspiration from EU PIL also informative, and entertaining. Click DOWNLOAD or Read Online button to get full EU PIL book for free.



Forum Shopping in the International Commercial Arbitration Context

Forum Shopping in the International Commercial Arbitration Context Author Franco Ferrari
ISBN-10 3866532636
Release 2013
Pages 458
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For many, "forum shopping" is a term with disparaging connotations, indicating something "evil." That is why various policies against forum shopping exist, both on a domestic and an international level. As for the reasons adduced in justification of this anti-forum shopping stance, they include the assertion that forum shopping goes against the principle of consistency of outcomes, that it overburdens certain courts and creates unnecessary expenses. May a litigant pursue the most favorable - rather than the simplest or closest - forum? To what extent is forum shopping relevant in the international commercial arbitration context? The contributions in this book, written by renowned authors, provide answers to these questions and more.



Manual on International Courts and Tribunals

Manual on International Courts and Tribunals Author Ruth Mackenzie
ISBN-10 9780199545278
Release 2010
Pages 547
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Previous ed. / edited by Philippe Sands. London : Butterworths, 1999



Recueil des Cours Collected Courses Volume 252 1995

Recueil des Cours  Collected Courses  Volume 252  1995 Author Lea Brilmayer
ISBN-10 9041101683
Release 1995-11-17
Pages 454
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The Academy is an institution for the study and teaching of public and private international law and related subjects. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the" "Hague Academy of International Law." This volume contains: The Role of Substantive and Choice of Law Policies in the Formation and Application of Choice of Law Rules by L. BRILMAYER, Professor at New York University The Institution of the Trust in Civil and Common Law by D.W.M. WATERS, Professor at the University of Victoria, Canada. To access the abstract texts for this volume please click here



International Arbitration in the United States

International Arbitration in the United States Author Laurence Shore
ISBN-10 9041150161
Release 2018-01-30
Pages 860
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International Arbitration in the United States is a comprehensive analysis of international arbitration law and practice in the United States (U.S.). Choosing an arbitration seat in the U.S. is a common choice among parties to international commercial agreements or treaties. However, the complexities of arbitrating in a federal system, and the continuing development of U.S. arbitration law and practice, can be daunting to even experienced arbitrators. This book, the first of its kind, provides parties opting for "private justice" with vital judicial reassurance on U.S. courts' highly supportive posture in enforcing awards and its pronounced reluctance to intervene in the arbitral process. What's in this book: With a nationwide treatment describing both the default forum under federal arbitration law and the array of options to which parties may agree in state courts under state international arbitration statutes, this book covers aspects of U.S. arbitration law and practice as the following: institutions and institutional rules that practitioners typically use; ethical considerations; costs and fees; provisional measures; and confidentiality. There are also chapters on arbitration in specialized areas such as class actions, securities, construction, insurance, and intellectual property. How this will help you: As a topical reach that gives a wide perspective on the practice of international arbitration in the U.S., this book helps practitioners to conduct and navigate an international arbitration in the U.S. confidently. The in-depth discussion of law of international arbitration, including legal framework applicable in the U.S. in each stage of arbitration, from drafting of arbitration agreements to enforcement of arbitration awards, has not been attempted by any other publication. This book, thus, serves as an invaluable resource to both U.S. and non-U.S. lawyers for conducting arbitration on U.S.