Download or read book Finding Freezing and Attaching Assets written by Jacob C. Jørgensen and published by Kluwer Law International B.V.. This book was released on 2016-03-21 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: Because of the rise in cross-border disputes – and due to the ease with which assets can be moved around the world with the help of online banking and fiduciary service providers – parties are increasingly finding themselves suing or being sued outside their home jurisdictions. This book is about how to find out whether a defendant has any assets before initiating costly litigation, arbitration, or insolvency proceedings, and if so how to freeze such assets with the aim of eventually enforcing a judgment or award. Nineteen country chapters by lawyers with decades of hands-on experience in helping their clients find, freeze, and attach defendants’ assets provide practical guidance to legal professionals representing parties in cross-border commercial lawsuits, international arbitration proceedings, simple debt collection matters, enforcement proceedings, divorce proceedings, inheritance matters, and other legal matters where the assets in dispute are thought to be located abroad. Each contribution offers an overview of the pre-trial asset tracing techniques and rules regulating freezing orders and enforcement methods in the jurisdiction covered, describing not just what the law says but how the law actually works. The jurisdictions covered include several of the offshore havens that are frequently used to hide assets in. The authors attend to such issues and topics as the following: • investigating whether a potential counterparty owns vessels, aircrafts, motor vehicles, real estate, or intellectual property rights; • locating offshore trusts; • discovering assets transferred to a family member or corporate entity; • exposing sham investments designed to generate a (fictitious) loss of assets; and • invoking remedies available to a party facing asset shielding manoeuvres. This book will quickly become an indispensable tool for international litigators, arbitration lawyers, and lawyers involved in cross-border insolvency and debt recovery proceedings, as well as for academics and scholars involved in legal research projects or law reform programs. Renowned litigator Robert Shapiro says in his Foreword: 'The authors provide the reader with practical guidance into the complex area of cross-border asset tracing and do so in a very down-to-earth way, without the academic hyperbole that generally burdens modern legal textbooks.'

Download or read book Yearbook Commercial Arbitration Volume XLI 2016 written by and published by Kluwer Law International B.V.. This book was released on 2016-12-23 with total page 534 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Yearbook Commercial Arbitration continues its longstanding commitment to serving as a primary resource for the international arbitration community with reporting on arbitral awards and court decisions applying the leading arbitration conventions, as well as on arbitration legislation and rules. What's in this book: Volume XLI (2016) includes: • excerpts of arbitral awards made under the auspices of the International Chamber of Commerce (ICC), the Milan Chamber of Arbitration (CAM) and the Paris International Arbitration Chamber (CAIP); • notes on new and amended arbitration rules, including references to their online publication; • notes on recent developments in arbitration law and practice in Argentina, British Virgin Islands, Ecuador, Greece, India, Iraq, Myanmar, Peru, Poland, the Russian Federation, Serbia, the United Arab Emirates and Vietnam; • excerpts of 96 court decisions applying the 1958 New York Convention from 27 countries – including, for the first time, cases from Armenia and the Dominican Republic – all indexed by subject matter and linked to the General Editor’s published commentaries on the New York Convention; • excerpts from other court decisions of interest to the practice of international arbitration; • an extensive Bibliography of recent books and journals on arbitration. The Yearbook is edited by the International Council for Commercial Arbitration (ICCA), the world’s leading organization representing practitioners and academics in the field, with the assistance of the Permanent Court of Arbitration, The Hague. It is an essential tool for lawyers, business people and scholars involved in the practice and study of international arbitration.

Download or read book International Construction Contract Law written by Lukas Klee and published by John Wiley & Sons. This book was released on 2018-07-17 with total page 893 pages. Available in PDF, EPUB and Kindle. Book excerpt: The updated second edition of the practical guide to international construction contract law The revised second edition of International Construction Contract Law is a comprehensive book that offers an understanding of the legal and managerial aspects of large international construction projects. This practical resource presents an introduction to the global construction industry, reviews the basics of construction projects and examines the common risks inherent in construction projects. The author — an expert in international construction contracts — puts the focus on FIDIC standard forms and describes their use within various legal systems. This important text contains also a comparison of other common standard forms such as NEC, AIA and VOB, and explains how they are used in a global context. The revised edition of International Construction Contract Law offers additional vignettes on current subjects written by international panel of numerous contributors. Designed to be an accessible resource, the book includes a basic dictionary of construction contract terminology, many sample letters for Claim Management and a wealth of examples and case studies that offer helpful aids for construction practitioners. The second edition of the text includes: • Updated material in terms of new FIDIC and NEC Forms published in 2017 • Many additional vignettes that clearly exemplify the concepts presented within the text • Information that is appropriate for a global market, rather than oriented to any particular legal system • The essential tools that were highlighted the first edition such as sample letters, dictionary and more • A practical approach to the principles of International Construction Contract Law and construction contract management. Does not get bogged down with detailed legal jargon Written for consulting engineers, lawyers, clients, developers, contractors and construction managers worldwide, the second edition of International Construction Contract Law offers an essential guide to the legal and managerial aspects of large international construction projects.

Download or read book Selected Papers on International Arbitration Volume 4 written by Daniel Girsberger and published by Stämpfli Verlag. This book was released on 2018-06-18 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: The SAA Series on International Arbitration contains the best graduation papers of all participants who successfully completed the post graduate studies in international arbitration of the SAA Swiss Arbitration Academy. The papers cover different aspects of international arbitration. The SAA Series is published on a yearly basis. The Swiss Arbitration Academy is a private institution founded and managed by the editors. Each year, the SAA offers and conducts an intensive and practical course in international arbitration. The training is designed for lawyers, in-house counsel, and other professionals interested in cutting edge international dispute resolution education. All participants, who successfully complete the course, which includes the submission of the final paper, are awarded the SAA Certificate and the title Arbitration Practitioner ArbP.

Download or read book Treasury s War written by Juan Zarate and published by PublicAffairs. This book was released on 2013-09-10 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: For more than a decade, America has been waging a new kind of war against the financial networks of rogue regimes, proliferators, terrorist groups, and criminal syndicates. Juan Zarate, a chief architect of modern financial warfare and a former senior Treasury and White House official, pulls back the curtain on this shadowy world. In this gripping story, he explains in unprecedented detail how a small, dedicated group of officials redefined the Treasury's role and used its unique powers, relationships, and reputation to apply financial pressure against America's enemies. This group unleashed a new brand of financial power -- one that leveraged the private sector and banks directly to isolate rogues from the international financial system. By harnessing the forces of globalization and the centrality of the American market and dollar, Treasury developed a new way of undermining America's foes. Treasury and its tools soon became, and remain, critical in the most vital geopolitical challenges facing the United States, including terrorism, nuclear proliferation, and the regimes in Iran, North Korea, and Syria. This book is the definitive account, by an unparalleled expert, of how financial warfare has taken pride of place in American foreign policy and how America's competitors and enemies are now learning to use this type of power themselves. This is the unique story of the United States' financial war campaigns and the contours and uses of financial power, and of the warfare to come.

Download or read book Modern American Remedies written by Douglas Laycock and published by Aspen Publishing. This book was released on 2018-11-06 with total page 1389 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modern American Remedies: Cases and Materials Concise Fifth Edition

Download or read book The Iran Agreements written by United States. Congress. Senate. Committee on Foreign Relations and published by . This book was released on 1981 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Attachment of Assets written by Lawrence W. Newman and published by Juris Publishing, Inc.. This book was released on 2014-03-01 with total page 2018 pages. Available in PDF, EPUB and Kindle. Book excerpt: Practitioners from leading firms in over 90 countries provide practical information about procedural and substantive issues regarding attachment of assets. Because the availability of attachments in advance of judgments can make the difference between success and failure in a lawsuit for money damages, and because attachments may often be obtained in places far removed from the venues of proceedings on the merits, it is important for litigation counsel to be aware of the potential for multi-jurisdictional assaults on the assets of their clients or of their clients’ adversaries. Attachment of Assets is designed to give practical information and guidance to lawyers and businessmen who are interested in securing expected future judgments and in making strategic decisions concerning the deployment of moveable assets in the face of possible attachments of them. The chapters, each discussing the requirements of a separate country, are written by lawyers with practical expertise in this field. The procedure by which attachments are obtained vary, ranging from court orders authorizing a court official to take custody of a defendant’s assets to orders restraining the defendant from transferring his assets. The effects of such orders differ as well: some create a lien superior to those of other creditors and others do no more than immobilize the debtor’s assets, leaving them open to being levied upon by later-arriving judgment creditors. Countries vary in the ways in which they permit attachments to be carried out -- whether, for example, all of the banks in a given city may be served with attachment notices or orders. They vary as well with respect to the information that is imparted to the attaching creditor after attachment orders have been served. Some rules make available to creditor information concerning the value of assets on which they have successfully levied, while others leave creditors in the dark, or dependent on informal hints from garnishees as to whether or not pay dirt has been struck. Most importantly, jurisdictional requirements for the issuance of attachment orders are not similar. Some countries permit attachments only if the defendant is subject to the jurisdiction of their courts with respect to the merits of the case. Others are less demanding, permitting attachments solely on the basis and to the extent of the presence of the assets successfully attached. It is probably fair to say that, in many foreign jurisdictions, the protection of creditors through fraudulent conveyance laws and the like is inadequate, or even, as a practical matter, unavailable. The enforcement of judgments is therefore often dependent on a creditor’s ability to obtain -- early, even prior to the commencement of a lawsuit -- a prejudgment attachment (or the equivalent) of his debtor’s assets. The extent to which attachments are obtainable in various countries of the world and the basis under which they may be obtained under local law are the focus of Attachment of Assets. Format of Publication: Organized in a uniform question and answer format that addresses the receptiveness of each country toward the attachment of assets; the procedural requirements for filing for attachment; reciprocity; treaty provisions; and defenses. Every Chapter is organized with the same special three part arrangement - allowing you to quickly and easily locate the information you need for each country. Part I contains a survey of the current attitude of each country’s courts and government toward the attachment of assets, including anticipated changes and recent cases. Part II discusses procedure the judgment creditor must follow to file for the attachment of assets in the other country, including translation of the judgment, currency conversion, attorneys’ fees and recovery of interest. Part III summarizes the requirements the judgment creditor must meet for attachment, and the defense the judgment, and the defenses the judgment debtor must establish to prevent attachment.

Download or read book Combating Organised Crime written by Council of Europe. Octopus Programme and published by Council of Europe. This book was released on 2004-01-01 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication contains a number of best practice studies on effective measures to combat organised crime, corruption and money laundering, which have been prepared by the Council of Europe between 1998 and 2003. Topics covered include: witness protection; reversing the burden of proof in confiscating the proceeds of crime; interception of communication and intrusive surveillance; crime analysis; cross-border co-operation; provisions on membership in criminal organisations; co-operation against trafficking in human beings; and preventive legal measures against organised crime. The term Octopus is the name of a technical co-operation programme against corruption and organised crime initiated by the Council of Europe in 1996.

Download or read book Asset Recovery Handbook written by Jean-Pierre Brun and published by World Bank Publications. This book was released on 2021-02-08 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: Developing countries lose billions each year through bribery, misappropriation of funds, and other corrupt practices. Much of the proceeds of this corruption find 'safe haven' in the world's financial centers. These criminal flows are a drain on social services and economic development programs, contributing to the impoverishment of the world's poorest countries. Many developing countries have already sought to recover stolen assets. A number of successful high-profile cases with creative international cooperation has demonstrated that asset recovery is possible. However, it is highly complex, involving coordination and collaboration with domestic agencies and ministries in multiple jurisdictions, as well as the capacity to trace and secure assets and pursue various legal options—whether criminal confiscation, non-conviction based confiscation, civil actions, or other alternatives. This process can be overwhelming for even the most experienced practitioners. It is exceptionally difficult for those working in the context of failed states, widespread corruption, or limited resources. With this in mind, the Stolen Asset Recovery (StAR) Initiative has developed and updated this Asset Recovery Handbook: A Guide for Practitioners to assist those grappling with the strategic, organizational, investigative, and legal challenges of recovering stolen assets. A practitioner-led project, the Handbook provides common approaches to recovering stolen assets located in foreign jurisdictions, identifies the challenges that practitioners are likely to encounter, and introduces good practices. It includes examples of tools that can be used by practitioners, such as sample intelligence reports, applications for court orders, and mutual legal assistance requests. StAR—the Stolen Asset Recovery Initiative—is a partnership between the World Bank Group and the United Nations Office on Drugs and Crime that supports international efforts to end safe havens for corrupt funds. StAR works with developing countries and financial centers to prevent the laundering of the proceeds of corruption and to facilitate more systematic and timely return of stolen assets.

Download or read book The Kosovo Conflict and International Law written by Heike Krieger and published by Cambridge University Press. This book was released on 2001-07-12 with total page 652 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book was first published in 2001. The Kosovo Conflict and International Law provides international lawyers, scholars and students with access to material on the conflict in Kosovo. As well as the basic material relating to Kosovo's status in Yugoslavia before 1999, this volume reproduces the significant documentation on the following issues: the development of the human rights situation, the diplomatic efforts for the settlement of the crisis, the military action against Yugoslavia and the international community's response, court action with regard to the conflict, and the implementation of the principles for a political solution with an international civil and security presence in Kosovo. Dr Krieger's analytical introduction provides the historical and political context as well as an overview of the various legal aspects of the conflict. A chronology and detailed index make the documents more accessible.

Download or read book Governing Law and Dispute Resolution in the Oil and Gas Industry written by Pereira, Eduardo G. and published by Edward Elgar Publishing. This book was released on 2022-08-23 with total page 567 pages. Available in PDF, EPUB and Kindle. Book excerpt: The oil and gas industry’s wide international exposure and constantly changing landscape leave it particularly vulnerable to disputes. As this practical book demonstrates, the risks associated with disputes can be mitigated by parties utilising governing law and dispute resolution clauses in contractual agreements within the sector. Examining a global range of jurisdictions, the book offers clear guidance on the most appropriate choice of law and choice of dispute resolution forum for oil and gas contracts, analysing the key issues and defining the legal contours involved.

Download or read book Remedies written by David I. Levine and published by West Academic Publishing. This book was released on 2009 with total page 1064 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many sections of Levine, Jung, and Thomas's Remedies: Public and Private include problems for use as written assignments or as the basis for oral discussion. The section on punitive damages has been reorganized and expanded. The teacher's manual includes briefs for every principal case and full treatment of note material. This casebook covers: An introduction to the law of remedies Nature, availability, and scope of injunctions Procedures for formulating, administering, and enforcing the injunction Declaratory judgment Punitive damages Compensatory damages Restitution and restitution remedies Collection of monetary judgments Bars to obtaining relief Attorneys' fees

Download or read book Memory and Cultural History of the Spanish Civil War written by and published by BRILL. This book was released on 2013-10-02 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt: The authors in this anthology explore how we are to rethink political and social narratives of the Spanish Civil War at the turn of the twenty-first century. The questions addressed here are based on a solid intellectual conviction of all the contributors to resist facile arguments both on the Right and the Left, concerning the historical and collective memory of the Spanish Civil War and the dictatorship in the milieu of post-transition to democracy. Central to a true democratic historical narrative is the commitment to listening to the other experiences and the willingness to rethink our present(s) in light of our past(s). The volume is divided in six parts: I. Institutional Realms of Memory; II. Past Imperfect: Gender Archetypes in Retrospect; III. The Many Languages of Domesticity; IV. Realms of Oblivion: Hunger, Repression, and Violence; V. Strangers to Ourselves: Autobiographical Testimonies; and VI. The Orient Within: Myths of Hispano-Arabic Identity. Contributors are Antonio Cazorla-Sánchez, Álex Bueno, Fernando Martínez López, Miguel Gómez Oliver, Mary Ann Dellinger, Geoffrey Jensen, Paula A. de la Cruz-Fernández, María del Mar Logroño Narbona, M. Cinta Ramblado Minero, Deirdre Finnerty, Victoria L. Enders, Pilar Domínguez Prats, Sofia Rodríguez López, Óscar Rodríguez Barreira, Nerea Aresti, and Miren Llona. Listed by Choice magazine as one of the Outstanding Academic Titles of 2014

Download or read book Judgment Enforcement Practice and Litigation written by James J. Brown and published by Aspen Publishers. This book was released on 1994 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winning a judgment is only the first step in obtaining your damages.This one-volume work presents a concise treatment of judgment enforcement practice from discovery to execution. You'll discover how to find, freeze, and collect hidden assets; how to obtain information on the assets available; plus how to prepare and file enforcement-related pleadings and documents. Also included are tips and strategies for effectively executing all judgments. The book includes a detailed discussion of the federal judgment enforcement provisions and strategies for international executions.

Download or read book Nominations of Stuart A Levey Juan C Zarate and Carin M Barth written by United States. Congress. Senate. Committee on Banking, Housing, and Urban Affairs and published by . This book was released on 2005 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Nominations of John O Colvin Stuart Levey and Juan C Zarate written by United States. Congress. Senate. Committee on Finance and published by . This book was released on 2005 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt: