Download or read book Cambridge Compendium of International Commercial and Investment Arbitration written by Stefan Kröll and published by Cambridge University Press. This book was released on 2023-03-02 with total page 3006 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Compendium, like an encyclopedia, contains entries for most of the foundational principles and concepts underlying arbitration. Each entry takes a holistic view of international arbitration, as they tackle core concepts from both a commercial and an investment arbitration perspective, focusing on the fundamental issues underlying the various topics rather than on the solutions adopted in any particular jurisdiction, thus making the Compendium a truly cross-border, transnational resource. This innovative approach will allow readers to identify the commonalities as well as the differences between commercial and investment arbitration, whether and where cross-fertilization has taken place and what consequences it can have. This approach allows the Compendium to be a tool in promoting the creation of a culture of international arbitration that considers commercial arbitration and investment arbitration as part of a whole but with certain distinct features particular to each.

Download or read book Cross Border Litigation in Europe written by Paul Beaumont and published by Bloomsbury Publishing. This book was released on 2017-11-16 with total page 1076 pages. Available in PDF, EPUB and Kindle. Book excerpt: This substantial and original book examines how the EU Private International Law (PIL) framework is functioning and considers its impact on the administration of justice in cross-border cases within the EU. It grew out of a major project (ie EUPILLAR: European Union Private International Law: Legal Application in Reality) financially supported by the EU Civil Justice Programme. The research was led by the Centre for Private International Law at the University of Aberdeen and involved partners from the Universities of Freiburg, Antwerp, Wroclaw, Leeds, Milan and Madrid (Complutense). The contributors address the specific features of cross-border disputes in the EU by undertaking a comprehensive analysis of the Court of Justice of the EU (CJEU) and national case law on the Brussels I, Rome I and II, Brussels IIa and Maintenance Regulations. Part I discusses the development of the EU PIL framework. Part II contains the national reports from 26 EU Member States. Parts III (civil and commercial) and IV (family law) contain the CJEU case law analysis and several cross-cutting chapters. Part V briefly sets the agenda for an institutional reform which is necessary to improve the effectiveness of the EU PIL regime. This comprehensive research project book will be of interest to researchers, students, legal practitioners, judges and policy-makers who work, or are interested, in the field of private international law.

Download or read book Third Party Certifiers written by Jan De Bruyne and published by Kluwer Law International B.V.. This book was released on 2019-07-12 with total page 667 pages. Available in PDF, EPUB and Kindle. Book excerpt: Third-Party Certifiers Jan De Bruyne Third-party certifiers are organisations that are independent a requesting entity. They attest that a product, service, information or person possesses certain qualifications or meets safety, quality or technical standards. This important book presents an in-depth analysis of the liability and obligations of certifiers, evaluates existing certification processes in selected fields and proposes new mechanisms which could increase the accuracy and reliability of certifiers’ ratings, marks or reports. Highlighting the risks of errors in this activity – inaccurate certification was a major factor in the global financial crisis of 2008 – the author takes a comparative approach, looking at the certification process in several European countries, Australia and the United States. Such aspects of the process as the following are thoroughly described: obligations and liability of certifiers during the certification process; risk of ‘information asymmetry’ between the requesting entity and the end user; and relationship between the civil liability of certifiers and public law aspects. The analysis includes detailed research on key industries and jurisdictions and a specific proposed framework for more accurate and reliable certification. Because the efficient and effective functioning of third-party certifiers is extremely important in today’s world – especially in such areas as health, the environment, safety or economic values – this deeply researched contribution to an important area of commercial law, combining analysis of current issues with proposed reforms, will be welcomed by practitioners when confronted with legal issues with regard to the certification process. The book’s conceptual framework will also prove highly useful for policymakers charged with developing reliable certification mechanisms.

Download or read book Pluralism or Universalism in International Copyright Law written by Tatiana Eleni Synodinou and published by Kluwer Law International B.V.. This book was released on 2019-10-24 with total page 594 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a world where powerful intermediaries like Google and Facebook are de facto regulators of the communication of copyright-protected works, the democratization of access to content has both substantially expanded the availability of new markets and dramatically increased copyright infringements. Does this mean that the long-sought ideal of a “universal” copyright regulation, which would harmoniously combine effective protection of intellectual creations with public interest goals, is a lost cause? Taken together, the contributions to this insightful and thoroughly researched book suggest that despite the prevailing labyrinthine mosaic of divergent national responses to fragmentation at international level, the foundations of a universal approach can be found in the interaction of regional, national and international copyright law instruments when responding to current and emerging technologies. Emphasizing the adaptation of copyright law to the needs of the information society, this volume provides critical approaches by leading copyright scholars on whether pluralism or universalism is the appropriate path to follow for the development of international copyright law. The authors deal with such issues and topics as the following: the application of core copyright law principles worldwide; authorship, rights and exceptions in the international copyright acquis; Internet copyright enforcement; global collective management of copyright; copyright contracts; database and design rights; intermediary liability; the global reach of the U.S. Fair Use doctrine; World Intellectual Property Organization’s role and strategy in international copyright lawmaking; and bilateral trade and investment agreements involving copyright. Specific evolutions and emerging trends in national and regional digital copyright laws are analyzed and assessed as they have developed in the European Union, the United States, Canada and Australia, as well as in several Asian and African countries. Throughout, attention is paid to compatibility with the Berne Convention, the perceived core of copyright law in the international copyright acquis, and the key question of the balancing of copyright law with fundamental rights from an international and comparative law perspective. As a comprehensive analysis of how core copyright law concepts and principles function in today’s fragmented copyright legal system, this book has no peers. Its detailed treatment of numerous specific instruments and regimes, as well as its insightful approaches to the future of international copyright lawmaking, will prove of immeasurable value to lawyers, judges, policy makers, academics and researchers working in the field of copyright law.

Download or read book Arbitration in Belgium written by Niuscha Bassiri and published by Kluwer Law International B.V.. This book was released on 2016-03-24 with total page 614 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite the obvious advantages accruing from its central location and the presence of the EU institutions in its capital city Brussels, Belgium has never fully fulfilled its potential to emerge as an attractive jurisdiction for international arbitration. Now, however, with the adoption in 2013 of an entirely new arbitration law, and the accompanying overhaul of the rules of CEPANI, the Belgian Centre for Arbitration and Mediation, Brussels is poised to progress rapidly towards the top rank of European and global seats of arbitration. This is the first comprehensive treatise in English to provide practical guidance to arbitration practitioners, in-house counsel, and judges on how to conduct arbitrations in Belgium. To facilitate its use, it is structured as an article-by-article commentary on the 2013 Law addressing the following aspects of each article: • the purpose of the provision; • comparison with the UNCITRAL Model Law on Commercial Arbitration; • party autonomy; • issues of costs; and • interplay with the rules of other major arbitration institutions and the New York Convention. The core of each article commentary is an in-depth analysis that provides recommendations to practitioners and judges. The analysis goes beyond the contents of the commented article and deals with related issues that are not addressed expressly in the Law but may be of relevance for the issues covered in the provision in question. Arbitration professionals will find here convincing evidence of the liberal system for arbitration now prevailing in Belgium, along with rules that reflect the most recent trends in international practice. The description and analysis offered are sure to contribute to the recognition of Belgium as a global arbitral jurisdiction.

Download or read book Transnational Commercial Law written by Maren Heidemann and published by Bloomsbury Publishing. This book was released on 2018-11-14 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transnational Commercial Law is a textbook that deals predominantly with substantive legal contract rules that apply across borders and are designed to govern cross-border business transactions. This is an emerging field of research, teaching and practical interest in international trade and commercial law, requiring reference to multiple areas of law, including both private and public international law, the law of specific commercial transactions and arbitration. For the first time Transnational Commercial Law combines all these relevant issues in one book, and provides a basis for further study as well as detailed, cutting edge academic analyses. It provides a compact yet accessible guide to the most important cornerstones of this evolving legal discipline. Transnational Commercial Law is aimed primarily for use on LLM courses and master's programmes in commercial law. Students are presented with the actual contractual rules in the wider context of the general legal framework, and situates it within the theoretical debate, providing a truly international perspective on transnational commercial law in a globalised world.

Download or read book Quo vadis Commercial Contract written by Mads Andenas and published by Springer Nature. This book was released on 2023-03-15 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: This proceedings volume combines chapters derived from papers presented at the 4th and 5th Annual Conferences on the Future of the Commercial Contract in Scholarship and Law Reform. This ongoing research project brings together scholars from all over the world at an annual international conference in London. The book focusses on technology in commercial contract law as well as on sustainability in commercial contracts. The latter theme was inspired by the United Nations' climate conference that was to take place in Glasgow in the United Kingdom that same year. The book combines topical current issues in commercial contract law and practice organized in three parts. The first part contains contributions to the area of law and technology. The second part of the book expands on aspects of sustainability understood as environmental reasonableness in the context of commercial contracts. The third part includes several chapters on the topics of supervening events and contractual ethics. This book is therefore part of a coherent line of contributions to the furthering of modern contract theory. The choice of topics is closely following current issues of legal policy and contract practice.

Download or read book International Commercial Arbitration written by Gary B. Born and published by Kluwer Law International B.V.. This book was released on 2020-11-23 with total page 5388 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Commercial Arbitration is an authoritative 4,250 page treatise, in three volumes, providing the most comprehensive commentary and analysis, on all aspects of the international commercial arbitration process that is available. The Third Edition of International Commercial Arbitration has been comprehensively revised, expanded and updated, To include all legislative, judicial and arbitral authorities, and other materials in the field of international arbitration prior to June 2020. It also includes expanded treatment of annulment, recognition of awards, counsel ethics, arbitrator independence and impartiality and applicable law. The revised 4,250 page text contains references to more than 20,000 cases, awards and other authorities and will enhance the treatise’s position as the world’s leading work on international arbitration. The first and second editions of International Commercial Arbitration have been routinely relied on by courts and arbitral tribunals around the world ((including the highest courts of the United States, United Kingdom, Singapore, India, Hong Kong, New Zealand, Australia, the Netherlands and Canada) and international arbitral tribunals (including ICC, SIAC, LCIA, AAA, ICSID, SCC and PCA), e.g.: U.S. Supreme Court – GE Energy Power Conversion France SAS, Corp. v. Outokumpu Stainless USA, LLC, 590 U.S. - (U.S. S.Ct. 2020); BG Group plc v. Republic of Argentina, 572 U.S. 25 (U.S. S.Ct. 2014); Canadian Supreme Court – Uber v. Heller, 2020 SCC 16 (Canadian S.Ct.); Yugraneft Corp. v. Rexx Mgt Corp., [2010] 1 R.C.S. 649, 661 (Canadian S.Ct.); U.K. Supreme Court – Jivraj v. Hashwani [2011] UKSC 40, ¶78 (U.K. S.Ct.); Dallah Real Estate & Tourism Holding Co. v. Ministry of Religious Affairs, Gov’t of Pakistan [2010] UKSC 46 (U.K. S.Ct.); Swiss Federal Tribunal – Judgment of 25 September 2014, DFT 5A_165/2014 (Swiss Fed. Trib.); Indian Supreme Court – Bharat Aluminium v. Kaiser Aluminium, C.A. No. 7019/2005, ¶¶138-39, 142, 148-49 (Indian S.Ct. 2012); Singapore Court of Appeal – Rakna Arakshaka Lanka Ltd v. Avant Garde Maritime Servs. Ltd, [2019] 2 SLR 131 (Singapore Ct. App.); PT Perusahaan Gas Negara (Persero) TBK v. CRW Joint Operation, [2015] SGCA 30 (Singapore Ct. App.); Larsen Oil & Gas Pte Ltd v. Petroprod Ltd, [2011] SGCA 21, ¶19 (Singapore Ct. App.); Australian Federal Court – Hancock Prospecting Pty Ltd v. Rinehart, [2017] FCAFC 170 (Australian Fed. Ct.); Hague Court of Appeal – Judgment of 18 February 2020, Case No. 200.197.079/01 (Hague Gerechtshof); Arbitral Tribunals – Lao Holdings NV v. Lao People's Democratic Republic I, Award in ICSID Case No. ARB(AF)/12/6, 6 August 2019; Gold Reserve Inc. v. Bolivarian Republic of Venezuela, Decision regarding the Claimant’s and the Respondent’s Requests for Corrections, ICSID Case No. ARB(AF)/09/1, 15 December 2014; Total SA v. The Argentine Republic, Decision on Stay of Enforcement of the Award, ICSID Case No. ARB/04/01, 4 December 2014; Millicom Int'l Operations B.V. v. Republic of Senegal, Decision on Jurisdiction of the Arbitral Tribunal, ICSID Case No. ARB/08/20, 16 July 2010; Lemire v. Ukraine, Dissenting Opinion of Jürgen Voss, ICSID Case No. ARB/06/18, 1 March 2011.

Download or read book Developing Intra Regional Exchanges Through the Abolition of Commercial and Tariff Barriers L abolition Des Barri res Commerciales Et Tarifaires Dans la R gion de L Oc an Indien written by Otmar Seul and published by Peter Lang. This book was released on 2016-12-06 with total page 558 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is related to the development of intraregional commercial exchanges in the region of the Indian Ocean. This issue is addressed from an economic as well as from a legal point of view. The contributions, in English and French, aim to present an overview of the economic, customs-related, technical, legal and cultural restraints that hinder the creation of a free trading area. Cet ouvrage est consacré au développement des échanges commerciaux intrarégionaux dans la région de l'Océan Indien. Cette question est examinée sous un angle politique, économique et juridique. Les différentes contributions, en anglais et en français, visent à établir un état des lieux des freins économiques, douaniers, techniques, juridiques et culturels à la création d'un espace de libre échange.

Download or read book Reflections on Canada s Past Present and Future in International Law R flexions sur le pass le pr sent et l avenir du Canada en droit international written by Oonagh E. Fitzgerald and published by McGill-Queen's Press - MQUP. This book was released on 2018-06-30 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: Marking 150 years since Confederation provides an opportunity for Canadian international law practitioners and scholars to reflect on Canada’s rich history in international law and governance, where we find ourselves today in the community of nations, and how we might help shape a future in which Canada’s rules-based and progressive approach to international law gains ascendancy. This collection of essays, each written in the official language chosen by the authors, provides a thoughtful perspective on Canada’s past and present in international law, surveys the challenges that lie before us, and offers renewed focus for Canada’s pursuit of global justice and the rule of law. Part I explores the history and practice of international law, including sources of international law, Indigenous treaties, international treaty diplomacy, domestic reception of international law, and Parliament’s role in international law. Part II explores Canada’s role in international law, governance and innovation in the broad fields of economic, environmental, and intellectual property law. Part III explores Canadian perspectives on developments in international human rights and humanitarian law, including judicial implementation of these obligations, international labour law, business and human rights, international criminal law, war crimes, child soldiers, and gender. Reflections on Canada’s Past, Present and Future in International Law/Réflexions sur le passé, le présent et l’avenir du Canada en droit international demonstrates the pivotal role that Canada has played in the development of international law and signals the essential contributions the country is poised to make in the future.

Download or read book The Three Ages of International Commercial Arbitration written by Mikaël Schinazi and published by Cambridge University Press. This book was released on 2021-12-16 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: A unique history of modern international commercial arbitration theory and practice, this book draws on a wide range of sources from the eighteenth century to the present. It sets out the origins and evolution of the modern regime of international arbitration, the International Chamber of Commerce and current controversies.

Download or read book Multinationals and the Constitutionalization of the World Power System written by Jean-Philippe Robe and published by Routledge. This book was released on 2016-06-03 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection offers a powerful and coherent study of the transformation of the multinational enterprise as both an object and subject of law within and beyond States. The study develops an analysis of the large firm as being a system of organization exercising vast powers through various instruments of private law, such as property rights, contracts and corporations. The volume focuses on the firm as the operational unit of governance within emerging systems of globalization, whilst exploring in-depth the forms within which the firm might be regulated as against the inhibiting parameters of national law. It connects, through the ordering concept of the firm in globalization, the distinct regimes of constitutionalization, national and international law. The study will be of interest to students and academics in globalization and the regulation of multinational corporations, as well as law, economics and politics on a global scale. It will also interest government leaders and NGOs working in the areas of MNE regulations.

Download or read book Compulsory Liability Insurance from a European Perspective written by Attila Fenyves and published by Walter de Gruyter GmbH & Co KG. This book was released on 2016-09-26 with total page 526 pages. Available in PDF, EPUB and Kindle. Book excerpt: Statutory obligations to take out liability insurance are, in practice, the most important means to ensure compensability of damage arising from dangerous activities. However, in contrast to the significant practical impact, academic research on the topic has not been extensive so far. This study, therefore, undertakes a comprehensive survey of compulsory liability insurance from nine national perspectives (Austria, Belgium, the Czech Republic, Finland, Germany, Hungary, Italy, Switzerland, and the United Kingdom) and takes constitutional and European law (four freedoms, European Convention on Human Rights) as well as the Principles of European Insurance Contract Law (PEICL) into account. It also contains an extensive economic analysis of compulsory liability insurance and discusses aspects of insurability. A Comparative Report, Conclusions and an Annex containing a compilation of rules on compulsory liability insurance in the nine national legal systems complete the study. It considers in particular: the aims of provisions stating an obligation to take out liability insurance the mandatory content of insurance cover the protection mechanisms linked to compulsory liability insurance the control mechanisms and the sanctions imposed structural deficiencies of existing compulsory liability insurance systems

Download or read book Legal Frameworks and Educational Strategies for Sustainable Development written by Alqodsi, Enas Mohammed and published by IGI Global. This book was released on 2024-09-12 with total page 554 pages. Available in PDF, EPUB and Kindle. Book excerpt: In today's complex world, achieving sustainable development poses a significant challenge. Legal frameworks often need help to keep pace with rapidly evolving environmental issues. In contrast, educational systems may need to prepare future leaders to address sustainability challenges adequately. This gap between policy and practice inhibits progress towards a more sustainable future. Legal Frameworks and Educational Strategies for Sustainable Development is a comprehensive reference source that explores how legal frameworks and educational strategies can align to foster sustainable development. This book equips readers with the knowledge and tools needed to address sustainability challenges effectively by bridging the gap between theory and practice. The book offers insights from environmental law, sustainability studies, and education through a multidisciplinary approach, providing a holistic perspective on sustainability issues.

Download or read book The Harmonisation of the International Sale of Goods through Principles of Law and Uniform Rules written by Jorge Balmaceda and published by Cambridge Scholars Publishing. This book was released on 2020-04-02 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book describes how the international sales of goods have generally been ruled by either English Law or Civil Law, which has often posed problems due to different approaches regarding certain principles and institutions. It clarifies how the Vienna Convention on Contracts for the International Sale of Goods of 11th April, 1980, tried to harmonise these differences with a codification technique, typical of civil law, giving privilege to rules of civil law most of the time, but also introducing institutions from common law, that are not incompatible with civil law. It explains why the general principles of civil law and of UNIDROIT help with this goal of harmonisation, integrating the loopholes of the UN Convention on Contracts for the International Sale of Goods (CISG) during its interpretation. The work demonstrates why codification prevails over common law in the CISG most of the time, giving certitude and sophistication to this matter, which is vital for global commerce.

Download or read book Soft Law in International Trade Finance written by Agatha Brandão de Oliveira and published by BRILL. This book was released on 2024-10-14 with total page 717 pages. Available in PDF, EPUB and Kindle. Book excerpt: Expert contributors to this volume offer a comprehensive exploration of the UCP 600's impact on international trade finance law, examining the dynamic interplay between soft law and legal harmonization in 28 jurisdictions across all continents. With a rich array of case studies and insightful analysis, this book provides a nuanced interpretation of how soft law shapes global commerce. Its diverse perspectives and practical insights make it essential reading for practitioners and scholars seeking a deeper understanding of the real-world implications of soft law in trade.

Download or read book International Space Law in the New Space Era written by and published by Oxford University Press. This book was released on 2024-07-04 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: The increasingly commercial nature of space activities and the intent of States to expand space travel have spawned renewed attempts of changing the foundations of space law, most of which originated in the twentieth century. Understanding the principles of international space law is essential for ensuring a sustainable future for all in outer space. International Space Law in the New Space Era addresses the international legal and regulatory aspects of outer space that govern developments in the field worldwide. It covers the five United Nations' space treaties along with soft law and other policies. With contributions from established experts in the domain of space law, the volume encompasses the entire gamut of international space law while simultaneously addressing inadequacies that have arisen in light of current developments such as space commercialization, space tourism, and space mining. Space law as an academic discipline is gaining prominence in law schools across the globe and this book is the result of a joint endeavour of two prominent Indian law universities (NUJS, Kolkata & MNLU, Mumbai), which have specialized centres in air and space laws. With its balanced mix of theory and practice, this book provides a timely and accessible resource to understanding international law not only for students and academics, but also for policymakers, practitioners, and those working in the space industry.