Download or read book International Forum Selection written by William Park and published by Springer. This book was released on 1995-09-28 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book will compare arbitration agreements with forum selection clauses that designate courts, contrasting the relative costs and benefits of each form of dispute resolution. Focus will be on the way that international business lawyers can enhance the reliability of their jurisdiction selection clauses and the enforcement of the resulting awards and judgments. The scope of the work will included analysis of national statutes, international treaties, court decisions and choice-of-law questions related to forum selection.
Download or read book International Arbitration and Forum Selection Agreements written by Gary Born and published by . This book was released on 2016 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preface and Acknowledgements --Preface and Acknowledgements to the Fifth Edition --Planning for International Dispute Resolution --Drafting International Forum Selection Clauses --Drafting International Arbitration Agreements --Enforcing International Forum Selection Agreements --Enforcing International Arbitration Agreements --Recognizing and Enforcing Foreign Judgments --Recognizing and Enforcing International Arbitral Awards --Drafting and Enforcing Choice-of-Law Clauses --United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards ("New York Convention"), New York, 10 June 1958 --Convention of 30 June 2005 on Choice of Court Agreements ("Hague Convention on Choice of Court Agreements") --UNCITRAL Model Law on International Commercial Arbitration (1985) --UNCITRAL Model Law on International Commercial Arbitration (2006 Revisions) --UNCITRAL Arbitration Rules (as revised in 2010) --International Arbitral Institutions --Select Bibliography on International Arbitration and Forum Selection Agreements --Model Submission Agreement --Model Institutional Arbitration Clauses --Representative International Arbitration Clauses.
Download or read book International Dispute Resolution written by Jack L. Goldsmith and published by Brill - Nijhoff. This book was released on 1997-01-01 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Dispute Resolution: The Regulation of Forum Selection examines how parties can mitigate the effects of concurrent jurisdiction ex ante through the use of forum selection clauses and arbitration agreements; the role of provisional and protective measures in the regulation of forum selection; and judicial doctrines that directly regulate "improper" forum selections.
Download or read book International Dispute Resolution The Regulation of Forum Selection written by Jack L. Goldsmith and published by Martinus Nijhoff Publishers. This book was released on 2023-09-20 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: For situations where the forum selection clause can make all the difference, this book is invaluable. The text shows how parties can mitigate the effects of concurrent jurisdiction ex ante through the use of forum selection clauses in arbitration agreements, and also explains the role of provisional and protective measures in the regulation of forum selection and judicial doctrines that directly regulate "improper" forum selections. Published under the Transnational Publishers imprint.
Download or read book Jurisdiction and Forum Selection in International Maritime Law written by Robert Force and published by Kluwer Law International B.V.. This book was released on 2005-01-01 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: Forum selection is typically the most crucial issue in a transnational case. Nowhere is this truer than in maritime law, where forum selection is the first and sometimes the only point of engagement in international maritime litigation. In this important collection of essays, ten outstanding maritime law scholars from eight countries analyze the complex theoretical and practical issues surrounding forum selection in maritime cases. Among the topics discussed are the following: injunctions; forum shopping for limitation of liability; forum non conveniens; effect of forum selection clauses; loss or damage to goods; the in personam link; and, recognition of foreign liens. The book stems from a symposium held at Tulane University in 2004 to honor the 70th birthday of Robert Force, the influential and respected scholar who founded the renowned Tulane Maritime Law Center. As befits such a festschrift, the book opens with a detailed analysis and overview of forum selection clauses, written by Professor Force and his Tulane colleague Martin Davies. This is followed by thought-provoking essays on comparative issues, procedural theory, competing jurisdictions, jurisdictional clauses, EC law, and other matters, and by insightful and knowledgeable reports on specific issues related to China and South Africa. At a moment in history when geopolitical trends and globalization of trade are rapidly growing and changing, maritime lawyers and the various agencies and commissions that sustain this vitally important branch of international legal practice will greatly appreciate this remarkable book.
Download or read book International Arbitration and Forum Selection Agreements Drafting and Enforcing written by B Born Gary and published by Kluwer Law International. This book was released on 2021-03-10 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Arbitration and Forum Selection Agreements: Drafting and Enforcing is a concise, practical primer on the fundamentals of drafting and enforcing international arbitration agreements and other dispute resolution clauses. Drawing on a wealth of practical experience and academic analysis by one of the world's leading authorities on international arbitration and litigation, this extensively revised and expanded sixth edition provides model arbitration and forum selection clauses for international contracts and explains the advantages and disadvantages of different approaches to reducing the risks inherent in cross-border transactions. The book is an essential resource for any international practitioner or corporate counsel engaged in international matters. Key Features include: Discussion of practical reasons for international arbitration and forum selection clauses Uncomplicated and practical guidance on drafting international arbitration and forum selection clauses Do's and Don't's for drafting Model international arbitration and forum selection clauses that permit efficient and effective dispute resolution Nearly 100 different model provisions Ad hoc versus institutional arbitration clauses Overview of leading arbitral institutions (including ICC, SIAC, ICDR/AAA, LCIA, HKIAC, PCA, ICSID, WIPO, VIAC, DIS, NAI and CRCICA) Overview of advantages and disadvantages of leading arbitral seats Forum selection clauses for national and international courts Multi-tier dispute resolution provisions Optional provisions for international arbitration and forum selection clauses (including arbitrator selection, arbitral procedure, costs of arbitration, provisional measures, waiver of annulment and currency of award) Discussion of pathological arbitration clauses and commonly-encountered defects And covers: Updated extensively to address developments through January 2021 New materials covering international courts and choice-of-law provisions Key reference materials in easy-to-use appendices About the author: Gary B. Born is one of the world's leading authorities on international arbitration and litigation. He has practiced extensively in both fields in Europe, the United States, and Asia. He is the author of International Commercial Arbitration (Kluwer Law International 3rd ed. 2021), International Arbitration: Law and Practice (Kluwer Law International 2nd ed. 2016), International Commercial Arbitration: Cases and Materials (Aspen 2nd ed. 2015) and International Civil Litigation in United States Courts (Aspen 6th ed. 2018).
Download or read book International Commercial Arbitration written by Gary Born and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book International Arbitration and Forum Selection Agreements Planning Drafting and Enforcing written by Gary Born and published by Springer. This book was released on 1999-07-15 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The heart of every international commercial agreement lies in its provisions for dispute resolution. These crucial terms must be negotiated with meticulous attention to the circumstances under which the ensuing business relationship is expected to grow. Well planned and drafted, these clauses will allow a business agreement to weather even the most serious disputes, and foster mutual confidence and trust between the parties. International Arbitration and Forum Selection Agreements focuses on the core issue that inevitably arises in the planning of international commercial agreements: when to use forum selection clauses and when to mandate arbitration. In this enormously useful primer, Gary B. Born, an outstanding international practitioner and author of several pre-eminent works in international commercial law, leads the business lawyer expertly through the planning and drafting stages of effective forum selection and arbitration clauses. He provides: analysis of the strategic uses of each kind of clause, making it easy for the practitioner to choose which approach to take under each specific set of circumstances sample clauses with numerous variations that allow for all likely contingencies key accompanying provisions relating to costs, consent to service of process, discovery, confidentiality, waivers, interim relief, fast-track procedures, and other important considerations detailed analysis of enforcement under applicable laws, conventions, and treaties a special chapter on choice-of-law clauses (including samples) and their role in dispute resolution. A useful appendix contains texts of the New York Convention and the UNCITRAL Model Law, as well as the Arbitration Rules of the leading arbitral institutions.
Download or read book Forum Non Conveniens written by Ronald A. Brand and published by Oxford University Press. This book was released on 2007-07-27 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: With increased international trade transactions and a corresponding increase in disputes arising from those transactions, the application of the doctrine of Forum Non Conveniens - the discretionary power of a court to decline jurisdiction based on the convenience of the parties and the interests of justice - has become extremely relevant when determining which country's court should preside over a controversy involving nationals of different countries. Forum Non Conveniens: History, Global Practice, and Future Under the Hague Convention on Choice of Court Agreements provides an in-depth analysis of the common law doctrine of Forum Non Conveniens as it has evolved in the four major common law countries (UK, US, Canada, and Australia), and looks at the similarities and differences of the doctrine among those four countries. It compares Forum Non Conveniens to the more rigid analogous doctrine of Lis Alibi Pendens found in civil law countries, which requires automatic deference to the court where a dispute is first filed and explains current initiatives for coordinating jurisdictional issues between the common law and civil law systems, the most important of which is the 2005 Hague Convention on Choice of Court Agreements. The authors explain how the Hague Convention provides a rational approach to the confluence of common law and civil law doctrines and how its application to international transactions is likely to temper judicial application of the doctrine of Forum Non Conveniens and provides greater predictability with respect to enforcement of private party choice of court agreements.Forum Non Conveniens: History, Global Practice, and Future Under the Hague Convention on Choice of Court Agreements is the only book to provide a complete explanation of Forum Non Conveniens in the context of global litigation, making it a very important resource and reference work.
Download or read book Optional Choice of Court Agreements in Private International Law written by Mary Keyes and published by Springer Nature. This book was released on 2019-10-18 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book highlights the importance of optional choice of court agreements, and the need for future research and legal development in this area. The law relating to choice of court agreements has developed significantly in recent years, reflecting their increased use in practice. However, most recent legal developments concern exclusive choice of court agreements. In comparison, optional choice of court agreements, also called permissive forum selection clauses and non-exclusive jurisdiction clauses, have attracted little attention from lawmakers or commentators. This collection is comprised of 19 National Reports, providing a critical analysis of the legal treatment of optional choice of court agreements, including asymmetric choice of court agreements, under national laws as well as under multilateral instruments. It also includes a General Report offering an overview of this area of the law and a synthesis of the findings of the national reporters. The contributions to this collection show that the legal treatment of optional choice of courts differs between legal systems. In some countries, the law on the effect of optional choice of court agreements is at an early stage in its development, whereas in others the law is relatively advanced. Irrespective of this, the national reporters identify unresolved issues with the effect of optional choice of court agreements, where the law is unclear or the cases are conflicting, demonstrating that this topic warrants greater attention. This book is of interest to judges, legislators, lawyers, academics and students who are concerned with private international law and international civil procedure.
Download or read book Forum selection clauses and forum non conveniens in international employment contracts written by Melissa Leigh Lauderdale and published by . This book was released on 1995 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Party Autonomy in Private International Law written by Alex Mills and published by Cambridge University Press. This book was released on 2018-08-16 with total page 595 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides an unprecedented historical, theoretical and comparative analysis and appraisal of party autonomy in private international law. These issues are of great practical importance to any lawyer dealing with cross-border legal relationships, and great theoretical importance to a wide range of scholars interested in law and globalisation.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book Litigation of International Disputes in U S Courts written by Ved P. Nanda and published by . This book was released on 2003 with total page 668 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book International Civil Litigation in United States Courts written by Gary Born and published by Aspen Publishers. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The law governing international civil litigation has changed dramatically in the five years since the fourth edition was published. Recent decisions of the United States Supreme Court have had a significant impact on fields such as personal jurisdiction, sovereign immunity, and extraterritoriality. This current edition reflects those changes and raises important questions about the broader implications of those decisions ... Developments in this field are of course not limited to the United States. While the book still focuses primarily on United States law, the current edition deliberately incorporates more excerpts, more extensive references, and more questions concerning foreign law, especially European law. In part, this reflects an important reality--that successful practice in this area, even for the United States lawyer, requires a keen understanding of other legal systems". -- PREFACE OF THE FIFTH EDITON.
Download or read book The Law Market written by Erin A. O'Hara and published by Oxford University Press. This book was released on 2009-02-09 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today, a California resident can incorporate her shipping business in Delaware, register her ships in Panama, hire her employees from Hong Kong, place her earnings in an asset-protection trust formed in the Cayman Islands, and enter into a same-sex marriage in Massachusetts or Canada--all the while enjoying the California sunshine and potentially avoiding many facets of the state's laws. In this book, Erin O'Hara and Larry E. Ribstein explore a new perspective on law, viewing it as a product for which people and firms can shop, regardless of geographic borders. The authors consider the structure and operation of the market this creates, the economic, legal, and political forces influencing it, and the arguments for and against a robust market for law. Through jurisdictional competition, law markets promise to improve our laws and, by establishing certainty, streamline the operation of the legal system. But the law market also limits governments' ability to enforce regulations and protect citizens from harmful activities. Given this tradeoff, O'Hara and Ribstein argue that simple contractual choice-of-law rules can help maximize the benefits of the law market while tempering its social costs. They extend their insights to a wide variety of legal problems, including corporate governance, securities, franchise, trust, property, marriage, living will, surrogacy, and general contract regulations. The Law Market is a wide-ranging and novel analysis for all lawyers, policymakers, legislators, and businesses who need to understand the changing role of law in an increasingly mobile world.
Download or read book International Litigation written by David Epstein and published by BRILL. This book was released on 2010-09-10 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: The new Fourth Revised Edition of International Litigation provides U.S. courts practitioners with a step-by-step guide through international litigation, from pre-litigation considerations (obtaining foreign counsel, jurisdiction, choice of forum, etc.) to enforcement of judgments and arbitral awards. Supplemented by practical checklists and strategies throughout, solutions are offered to pressing questions: Does arbitration or litigation afford the better chance for success? What contract drafting, jurisdictional, or enforcement of judgment issues are posed when a foreign sovereign is a party? What Act of State immunities apply to sensitive sovereign or political issues? What motions to dismiss or other procedural issues should be anticipated? Can international differences in service of process, evidence gathering, and jurisdictional points improve or jeopardize the chances for success?
