Download or read book Interim Measures in Cross Border Civil and Commercial Disputes written by Deyan Draguiev and published by Springer Nature. This book was released on 2023-05-27 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book focusses on applying a holistic overview of interim measures and associated procedures in the context of cross-border private law (civil and commercial) disputes that are the subject of international litigation and arbitration proceedings. It reexamines key features of said problem and outlines novel findings on interim relief in the area of international dispute resolution. The book analyses the rules of EU law (EU law regulations such as the Regulation Brussels Ibis and the rest of the Brussels regime) as the single system of cross-border jurisdictional rules, as well as the rules of international arbitration (both commercial and investment). In the process, it conducts a complete mapping of interim measures problems and explores the criteria for granting relief under national laws. For this purpose, it includes an extensive comparative law overview of many jurisdictions in Europe, Asia, Africa, the Americas, etc., to reveal common standards for granting interim relief. Interim relief is a salient problem in dispute resolution, and serious international disputes usually require requests for such measures. This makes a more complete understanding all the more important. For scholars and practitioners alike, there are various ways to seek relief; precisely this complexity calls for a more complex and multilayered analysis, which does not (as is usually the case) adopt the perspective of either litigation or arbitration, but instead weighs the pros and cons and considers the viability and reliability of the different options, viewed from all angles.

Download or read book Interim Measures in International Commercial Arbitration written by Association for International Arbitration and published by Maklu. This book was released on 2007 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Association for International Arbitration (AIA) was founded in order to promote Arbitration and increase the level of knowledge about Alternative Dispute Resolutions.This book is the result of a conference held in October 2007.The contributions are written by international experts and based on analytical insights and research of new tendencies that provide in-depth information.The theme is a vital issue for arbitration services users and practitioners and also an interesting topic for scholars and students.

Download or read book GLOBAL LEGAL INSIGHTS written by and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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 865 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 Yearbook Commercial Arbitration Volume XLVIII 2023 written by Stephan W. Schill and published by Kluwer Law International B.V.. This book was released on 2023-12-11 with total page 825 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 arbitral awards being published in the newly founded ICCA Awards Series as of 2023, the Yearbook now focuses on court decisions that either apply the principal arbitration conventions or are of general interest to the practice of international arbitration and comes with the addition of new indexes to facilitate research. Volume XLVIII (2023) includes: • excerpts of fifty-three decisions applying the 1958 New York Convention from 21 countries indexed by Convention topics • excerpts from eight decisions applying the 1965 ICSID Convention and the 1975 Panama Convention • excerpts from fifty-nine decisions of general interest to the practice of international arbitration: forty-nine recent decisions of the Singapore International Commercial Court, as well as ten decisions rendered by the courts of Canada, France, Germany, and India, and by the European Court of Human Rights • two new indexes covering all reported decisions: a Table of Instruments and an Index by Subject Matter • announcements of new and amended arbitration rules, and recent developments in arbitration law and practice • an extensive Bibliography of recent books and journals on arbitration • a Compendium of Arbitral Awards Published in the Yearbook 1976 – 2022, concluding the Yearbook cycle of awards publication. The Yearbook is edited by the International Council for Commercial Arbitration (ICCA), the world’s leading organization representing practitioners and academics in the field of international arbitration, under the general editorship of Prof. Dr. Stephan W. Schill and with the assistance of the Permanent Court of Arbitration, The Hague. It is an essential tool for lawyers, businesspeople and scholars involved in the practice and study of international arbitration.

Download or read book Comparative Analysis of Interim Measures Interim Remedies England Wales v Preservation Measures China written by Vivek Jain and published by Taylor & Francis. This book was released on 2022-05-30 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt: Interim remedies and provisional measures are a critical component of civil/commercial litigation and arbitration. The objective of this book is to set out not just the law and practice in relation to the primary interim remedies and preservation measures available in England & Wales and China, but also to provide the comparative analysis between the two jurisdictions concerning these interim measures. The system for interim remedies in England & Wales is well-established, but preservation measures in China are a work in progress and many differences exist between the two legal systems, both in terms of theory and practice. For example, China does not recognise the general concept of interim measures, if looked at from the English law point of view, though it does have similar concepts of Property preservation, evidence preservation and behaviour preservation. China has recently adopted Chinese Civil Code 2020 and in writing this book the authors have incorporated all the relevant elements from the new Code. There is no equivalent of Practice Directions in China, and this book provides provide much needed clarity on this area, drawing together the law and guidance which is presently scattered across numerous local courts in the different provinces. This is an important book that is likely to have a significant impact on existing scholarship regarding interim remedies in England, Wales and China, and be of interest of all parties involved in cross-border litigation. Its readership will include industry professionals, academics, policy-makers and government officials.

Download or read book UNCITRAL Model Law on International Commercial Arbitration written by Ilias Bantekas and published by Cambridge University Press. This book was released on 2020-02-29 with total page 650 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive commentary on the UNCITRAL Model Law on International Arbitration. Combining both theory and practice, it is written by leading academics and practitioners from Europe, Asia and the Americas to ensure the book has a balanced international coverage. The book not only provides an article-by-article critical analysis, but also incorporates information on the reality of legal practice in UNCITRAL jurisdictions, ensuring it is more than a recitation of case law and variations in legal text. This is not a handbook for practitioners needing a supportive citation, but rather a guide for practitioners, legislators and academics to the reasons the Model Law was structured as it was, and the reasons variations have been adopted.

Download or read book UNIDROIT Principles of International Commercial Contracts An Article by Article Commentary written by Eckart Brödermann and published by Kluwer Law International B.V.. This book was released on 2023-05-12 with total page 953 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Unidroit Principles of International Commercial Contracts provide an excellent and practice proven tool for cross-border contracts: They constitute a neutral and pragmatic business oriented contractual regime for cross-border contracts They contain multiple solutions to typical contractual questions regarding the life of a contract, often by way of a compromise between civil and common law They have been referenced in hundreds of decisions of arbitral tribunals or national state courts They have been endorsed inter alia by the United Nations Commission on International Trade Law (last in 2021) and the Union Internationale des Avocats (2020) bringing together through its bar association and individual members approximately two million lawyers in more than 110 countries. Thirty years after their first publication, it is arguably malpractice to ignore them. In this fully revised and enlarged 2nd edition, the commentary continues to analyse the Unidroit Principles article by article from a practical perspective, while always discussing alternative courses of action, where they apply. The commentary includes proposals for choice of the Unidroit Principles’ clauses and practical guidance for their use as template, or to supplement the CISG or national law. In addition to arbitral and state court decisions and recent literature, the 2nd edition includes an in-depth analysis of extensive legislative material. The author is a German practitioner with international training and familiarity with both common and civil law. He has been admitted to the New York Bar and also teaches at the University of Hamburg as a Professor of Law. The author is using the Unidroit Principles for more than 20 years in his commercial and arbitration practice, in recent years on a daily basis in multiple industries. As he shares his experience under the Unidroit Principles, the commentary can also be used as a practical guide and checklist of issues to consider in international contracting. Die Unidroit Principles of International Commercial Contracts sind das ideale Instrument für grenzüberschreitende Verträge: sie bilden ein neutrales, pragmatisches und wirtschaftsorientiertes Regime für grenzüberschreitende Verträge sie enthalten zahlreiche praxisnahe Lösungen für übliche Vertragsfragen und versöhnen dabei Civil Law und Common Law Unidroit Principles werden in zahlreichen Entscheidungen von Schiedsgerichten oder nationalen Gerichten zitiert u.a. befürwortet von der Kommission der Vereinten Nationen für internationales Handelsrecht (zuletzt 2021) und der Union Internationale des Avocats (2020), die über ihre Anwaltskammern und Einzelmitglieder rund zwei Millionen Anwälte in mehr als 110 Ländern vereinen. Nach dreißig Jahren Anwendung in der Praxis kann es sich rächen, die Unidroit Principles zu ignorieren! Die vollständig überarbeiteten und erweiterte 2. Auflage des Kommentars analysiert weiterhin die Unidroit Principles, Artikel für Artikel, aus Sicht des Praktikers. Alternative Handlungsmöglichkeiten werden dort erörtert, wo sie sinnvoll und anwendbar sind. Der Kommentar enthält Vorschläge für die Wahl der Klauseln der Unidroit Principles und praktische Anleitungen für deren Verwendung, auch als Vorlage oder zur Ergänzung des CISG oder des nationalen Rechts. Neben Schiedsgerichts- und staatlichen Gerichtsentscheidungen sowie aktueller Literatur enthält die 2. Auflage eine eingehende Analyse des umfangreichen Gesetzesmaterials. Als deutscher Praktiker mit internationaler Ausbildung ist der Autor mit dem Common Law und dem Civil Law bestens vertraut. Er ist als Rechtsanwalt in New York zugelassen und lehrt als Professor für Rechtswissenschaften an der Universität Hamburg. Der Autor wendet die Unidroit Principles seit 20 Jahren in seiner täglichen Handels- und Schiedsgerichtspraxis an. Aufgrund zahlreicher Berichterstattung aus der Praxis bietet der Kommentar zugleich ein Handbuch und Checklisten zum allgemeinen Schuldrecht in grenzübergreifenden Fällen.

Download or read book Cross Border Trade Secret Disputes in the European Union written by Lydia Lundstedt and published by Edward Elgar Publishing. This book was released on 2023-10-06 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the rise of international trade and innovation, there has been an increase in cross border trade secret violations. Using common trade secret scenarios as a springboard for analysis, the book questions whether EU private international law rules can be interpreted to facilitate the objective of the EU Trade Secret Directive and in doing so provides a detailed examination of both regimes.

Download or read book When Private International Law Meets Intellectual Property Law written by World Intellectual Property Organization and published by WIPO. This book was released on 2019-10-15 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt: Co-published by WIPO and the Hague Conference on Private International Law, this guide is a pragmatic tool, written by judges, for judges, examining how private international law operates in intellectual property (IP) matters. Using illustrative references to selected international and regional instruments and national laws, the guide aims to help judges apply the laws of their own jurisdiction, supported by an awareness of key issues concerning jurisdiction of the courts, applicable law, the recognition and enforcement of judgments, and judicial cooperation in cross-border IP disputes.

Download or read book International Dispute Resolution written by Vesna Lazić and published by Springer. This book was released on 2018-07-26 with total page 131 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contributions in this book cover a wide range of topics within modern disputeresolution, which can be summarised as follows: harmonisation, enforcement andalternative dispute resolution. In particular, it looks into the impact of harmonisedEU law on national rules of civil procedure and addresses the lack of harmonisationin the US regarding the recognition and enforcement of foreign judgments. Furthermore,the law on enforcement is examined, not only by focusing on US law, but also onhow to attach assets in order to enforce a judgment. Finally, it addresses certain typesof alternative dispute resolution. In addition, the book looks into the systems andcultures of dispute resolution in several regions of the world, such as the EU, the US andChina, that have a high impact on globalisation. Hence, the book is diverse in the senseof dealing with multiple issues in the field of modern dispute resolution./div The book offers explorations of the impact of international rules and EU law on domesticcivil procedure, through case studies from, among others, the US, China, Belgium andthe Netherlands. The relevance of EU law for the national debate and its impact on theregulation of civil procedure is also considered. Furthermore, several contributions discussthe necessity and possibility of harmonisation in the emergency arbitrator mechanisms inthe EU. The harmonisation of private international law rules within the EU, particularlythose of a procedural nature, is juxtaposed to the lack thereof in the US. Also, the bookoffers an overview of the current dispute settlement mechanisms in China. The publication is primarily meant for legal academics in private international law andcivil procedure. It will also prove useful to practitioners regularly engaged in cross-borderdispute resolution and will be of added value to advanced students, as well as to those withan interest in international litigation and more generally in the area of dispute resolution. Vesna Lazić is Senior Researcher at the T.M.C. Asser Institute, Associate Professor ofPrivate Law at Utrecht University and Professor of European Civil Procedure at theUniversity of Rijeka. Steven Stuij is an expert in Private International Law and a PhD Candidate/GuestResearcher at the Erasmus School of Law, Rotterdam. Ton Jongbloed is Guest Editor on this volume./div

Download or read book AAA Handbook on Arbitration Practice written by American Arbitration Association and published by Juris Publishing, Inc.. This book was released on 2010-08-01 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: The AAA Handbook on Arbitration Practice assembles from Dispute Resolution Journal - the flagship publication of the American Arbitration Association - and other sources the latest thinking on arbitration and dispute resolution. All chapters, where necessary, have been revised and updated by the authors to insure that they represent the most current developments in law and practice. The Handbook is a succinct, comprehensive and a practical introduction to the use of arbitration, written by leading practitioners and scholars, it provides essential orientation and is a "must" for anyone with an interest in the field - from the seasoned to the neophyte. The AAA Handbook on Arbitration Practice brings to the arbitration and dispute resolution professional the latest thinking on arbitration from world-renowned specialists in the field. The chapters in this work were selected from an extensive body of writings and, in the main, represent world-class assessments of arbitration and dispute resolution practice. All the major facets of the field are addressed. The chapters provide the reader with comprehensive and accurate information, lucid evaluations, and useful practical guidance. They not only acquaint, but also ground the reader in the field.

Download or read book Online Dispute Resolution for Consumers in the European Union written by Pablo Cortés and published by Routledge. This book was released on 2010-09-13 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers an account of ODR for consumers in the EU context, presenting a comprehensive investigation of the development of ODR for business to consumer disputes within the EU. This book examines the role of both the European legislator with the Mediation Directive and the English judiciary in encouraging the use of mediation.

Download or read book Interim Measures in International Arbitration written by Lawrence W. Newma and published by Juris Publishing, Inc.. This book was released on 2014-06-01 with total page 956 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first edition of Interim Measures in International Arbitration edited by Lawrence Newman and Dr. Colin Ong, is most auspicious in its timing. The editors have compiled a shrewd and very practical questionnaire and they have gathered together a formidable group of some of the most reputed and talented practising arbitration lawyers, academics and arbitrators from 43 leading jurisdictions to inform the reader about the essential elements of the different interim measures which are available as part of the arbitral process in a very large number of different national jurisdictions. This book, thus, combines the best elements of a focused legal textbook with the essential practicalities of a practitioners' procedural handbook. This should be a standard travelling-companion of international arbitrators and counsel as well as many international lawyers--not just those who are arbitration specialists.

Download or read book European Rules of Civil Procedure written by Astrid Stadler and published by Edward Elgar Publishing. This book was released on 2023-11-03 with total page 785 pages. Available in PDF, EPUB and Kindle. Book excerpt: European Rules of Civil Procedure sets out a clear examination of the rules adopted by UNDROIT and the European Law Institute in 2020. Presented within a systematic structure to aid enhanced academic understanding, it precisely showcases the substantial comparative knowledge of its authors.

Download or read book Mediation and Commercial Contract Law written by Maryam Salehijam and published by Routledge. This book was released on 2020-12-10 with total page 155 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is an urgent need to better understand the legal issues pertaining to alternative dispute resolution (ADR), particularly in relation to mediation clauses. Despite the promotion of mediation by dispute resolution providers, policy makers, and judges, use of mediation remains low. In particular, problems arise when parties lack certainty regarding the legal effect of a mediation clause, and the potential uncertainty regarding the binding nature of agreements to pursue mediation is problematic and threatens the growth of ADR. This book closely examines the importance and complexity of mediation clauses in commercial contracts to remedy this persistent uncertainty. Using comparative law methods and detailed empirical research, it explores the creation of a comprehensive framework for the mediation clause. Providing valuable insight into the process of ADR and mediation, this book will be of interest to academics, law makers, law students, in-house council, lawyers, as well as parties interesting in drafting enforceable mediation clauses.

Download or read book Interim Measures in International Commercial Arbitration written by Ajar Rab and published by Kluwer Law International B.V.. This book was released on 2022-08-09 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt: Interim measures by courts as well as tribunals are often critical to succeed in arbitration proceedings and to effectively safeguard the rights of parties pending the final adjudication of their dispute. This important book comprises a comprehensive review of interim measures in international commercial arbitration granted by courts and tribunals across jurisdictions that have adopted the UNCITRAL Model Law to critically assess the practical fault lines in the Indian arbitration regime. The book provides an in-depth analysis of the following: all reported judgments of the Indian Supreme Court and the High Courts from 1993 to 2022 on issues concerning interim measures; practical application of the UNCITRAL Model Law (and the revisions in 2006) by national arbitration statutes of over 80 jurisdictions with respect to interim measures; comparative practice and jurisprudence on interim measures in international commercial arbitration; rules of major arbitral institutions on the power and scope of interim measures granted by tribunals; detailed analysis of different types of interim measures, including anti-suit, anti-arbitration injunctions, security for costs, and interim measures in aid of foreign-seated arbitrations, the standards to be applied, and the burden of proof to be demonstrated for each type of measure; and issues of enforcement of interim measures in domestic, international, and foreign seated arbitrations. The current position of law in India and the problems plaguing the country’s Arbitration and Conciliation Act 1996 (IAA), as amended in 2015 with respect to interim measures, are brought into direct comparison with other Model Law jurisdictions, offering an analysis of case laws, practical insights and cogent suggestions based on best practices that can be adopted by parties and tribunals. The Appendices provide a detailed list of statutory provisions of countries that have adopted the Model Law along with rules of major arbitral institutions on interim measures. The author not only describes the current position of law in India and other Model Law jurisdictions on interim measures but also reveals a comprehensive understanding of the requests for interim measures, and their enforcement in domestic, international, and foreign seated arbitrations. This book engages in a comprehensive and clear discussion on the fine line between court assistance and court intervention, especially in the case of interim measures and suggests draft provisions that India and other jurisdictions can adopt in order to align with the 2006 revisions to the Model Law to foster certainty, predictability, and efficiency in case of interim measures in international commercial arbitration.