Download or read book The Expert in Litigation and Arbitration written by Mark Cato and published by Taylor & Francis. This book was released on 2020-11-25 with total page 1116 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Expert in Litigation and Arbitration provides the complete picture of the role and duties of the expert witness in the UK, Germany, France, Italy, USA, Australia, Hong Kong and China. With articles and chapters from leading practitioners around the world, the book looks at the role of the expert in many different disciplines and jurisdictions, examining topical issues such as the independent status of the expert and professional liability. This book looks at the role of experts in both arbitration and litigation, considering how experts are currently used in civil actions and what lessons can be learnt from this. With much practical advice for the inexperienced expert witness, it covers many of the pitfalls faced by experts, looking at the various situations that can arise either in court or before an arbitrator.

Download or read book Civil Procedure in Italy written by Michele Angelo Lupoi and published by Kluwer Law International B.V.. This book was released on 2018-02-27 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient volume provides comprehensive analysis of the legislation and rules that determine civil procedure and practice in Italy. Lawyers who handle transnational matters will appreciate the book’s clear explanation of distinct terminology and application of rules. The structure follows the classical chapters of a handbook on civil procedure: beginning with the judicial organization of the courts, jurisdiction issues, a discussion of the various actions and claims, and then moving to a review of the proceedings as such. These general chapters are followed by a discussion of the incidents during proceedings, the legal aid and legal costs, and the regulation of evidence. There are chapters on seizure for security and enforcement of judgments, and a final section on alternative dispute resolution. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Succinct, scholarly, and practical, this book will prove a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Italy will welcome this very useful guide, and academics and researchers will appreciate its comparative value as a contribution to the study of civil procedure in the international context.

Download or read book The Chamber of Arbitration of Milan Rules A Commentary written by Ugo Draetta and published by Juris Publishing, Inc.. This book was released on 2012-04-01 with total page 800 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Chamber of Arbitration of Milan Rules: A Commentary is a Guide to the 2010 revision of the Arbitration Rules of the Arbitration Chamber of Milan (CAM). The Guide consists of article-by-article commentary on the Rules, made by prominent scholars and arbitrators, both Italians and non Italians. CAM started its activities in the administration of domestic and international arbitrations more than 20 years ago. It has a case load of about 150 new cases per year. Additional information on CAM can be found on its website www.camera-arbitrale.it.

Download or read book La consulenza tecnica nel processo civile Problemi e funzionalit written by Vincenzo Ansanelli and published by Giuffrè Editore. This book was released on 2011 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Beweisrecht in Der Europ ischen Union written by José Lebre de Freitas and published by Kluwer Law International B.V.. This book was released on 2004-01-01 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important book, the fifth in the Civil Procedure in Europe series, provides a comparative overview, of 13 EU countries and Switzerland, on the law of evidence. Each country's practice in this area is described and analysed by a national expert distinguished in the field of civil procedural law. The contributions are written in either English, French or German, and are followed by summaries in both remaining languages. Bibliographies are included to enable the reader to locate material for further study. A comparative contribution by the editor, Professor Jose Lebre de Freitas, analyses the similarities and differences between the various European systems. Furthermore, the editor discusses attempts to harmonise the law of evidence in Europe and provides concrete suggestions for a future harmonisation or unification of this area of law. The countries covered are Austria, Belgium, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, The Netherlands, Portugal, Spain, Sweden and Switzerland.

Download or read book International Arbitration in Italy written by Massimo V. Benedettelli and published by Kluwer Law International B.V.. This book was released on 2020-12-09 with total page 618 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitrating cross-border business disputes has been common practice in Italy since centuries. It is no wonder, then, that Italian arbitration law and jurisprudence are ample and sophisticated. Italian courts have already rendered thousands of judgments addressing complex problems hidden in the regulation of arbitration. Italian jurists have been among the outstanding members of the international arbitration community, starting from when back in 1958, Professor Eugenio Minoli was among the promoters of the New York Convention. Being Italy the third-largest economy in the European Union and the eighth-largest economy by nominal GDP in the world, it also comes as no surprise that Italian companies, and foreign companies with respect to the business they do in the Italian market, are among the main ‘users’ of international arbitration, nor that Italy is part to a network of more than 80 treaties aimed to protect inbound and outbound foreign direct investments and being the ground for investment arbitration cases. Moreover, in recent years, Italy has risen to prominence as a neutral arbitral seat, in particular for the settlement of ‘intra-Mediterranean’ disputes, also thanks to the reputation acquired by the Milan Chamber of Arbitration which has become one of the main European arbitral institutions. This book is the first commentary on international arbitration in Italy ever written in English. It is an indispensable tool for arbitrators, counsel, experts, officers of arbitral institutions and judges who happen to be involved in arbitral proceedings or arbitration-related court proceedings somewhat linked to the Italian legal system, either because Italy is the seat of the arbitration, the Italian jurisdiction has been ousted by a foreign-seated arbitration, the assistance of Italian courts is sought for the granting of interim measures or the enforcement of a foreign award or the arbitration results from a multilateral or bilateral investment protection treaty to which Italy is a party. This book may also be of general interest for scholars and practitioners of international arbitration at large to the extent that it deals with the ‘theory’ of international arbitration and illustrates original solutions offered by Italian arbitration law to various complex issues, such as: the potential conflicts (and required balance) between party autonomy and State sovereignty in the governance of arbitrations; the relationship between the New York Convention and the legal system of the State of the arbitral seat; the potential impact on cross-border arbitrations of insolvencies, human rights, or European Union law; the arbitrability of corporate disputes; the extension of arbitration agreements to ‘necessary parties’. Appendixes include an English translation of the main provisions of Italian law relevant to arbitration, a list of the investment protection treaties to which Italy is a party, and an English version of the Rules of Arbitration of the Milan Chamber of Arbitration. The author, who is full professor of international law, name partner of ArbLit (the first Italian boutique focusing on cross-border dispute settlement) and the current Italian member of the ICC Court of Arbitration, has written the book aiming to combine his academic background with his long-standing experience as counsel and arbitrator.

Download or read book Arbitration as Balanced Administration of Justice written by Massimo Benedettelli and published by BRILL. This book was released on 2024-08-06 with total page 521 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration is adjudication and, like any form of adjudication, it must ensure justice to parties. Justice requires that in settling disputes arbitrators constantly balance the opposing interests of the parties and the different legal systems relevant to the resolution of the dispute from time to time at hand. This book addresses such issues by looking at the different stages of arbitration: from the selection of the arbitral seat to the definition of jurisdictional limits, from the choice of applicable law to the revision of arbitral awards. The book collects essays by colleagues and friends of Piero Bernardini, a leading practitioner of international arbitration who was a champion in achieving balance in the administration of justice through arbitration.

Download or read book Business Law Guide to Italy written by Maisto & Miscali and published by Cch Europe. This book was released on 1992 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: Composed of a full-text copy of The Licensing (Scotland) Act 1976, along with annotations, preceded by a narrative account of the Act, this popular title on licensing law in Scotland aims to be an essential update incorporating significant legislative and judicial developments

Download or read book Consulente tecnico e perito written by Giampaolo Di Marco and published by IPSOA. This book was released on 2014-11-20 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: Le fasi processuali della consulenza e della perizia sono diventate momenti decisivi delle sorti del processo e degli interessi delle parti. Il volume esamina gli aspetti giuridici più salienti dell’attività del consulente tecnico e del perito: - nel processo civile (cognizione, esecuzione e procedimenti speciali); - nel rito del lavoro; - nel processo amministrativo; - nel processo tributario; - nel processo penale; - nella mediazione civile e commerciale; - in materia medico-legale; - nei sinistri marittimi. L’esame è svolto con costante riferimento alle interpretazioni dottrinali più recenti ed è corredato da una Rassegna della giurisprudenza civile e penale relativa al 2014, da un Glossario, da un'Appendice normativa nonché da un formulario contenente le formule caratterizzanti lo svolgimento dell’attività di consulente tecnico. Completa la trattazione l'Indice analitico. PIANO DELL'OPERA Presentazione Capitolo 1 - Nozioni introduttive Capitolo 2 - Il processo civile di cognizione (C.T.U. e esame contabile) Capitolo 3 - Il ruolo della C.T.U. nel processo civile di esecuzione Capitolo 4 - La C.T.U. nei procedimenti speciali Capitolo 5 - La consulenza tecnica nella mediazione Capitolo 6 - Il ruolo del C.T.U. nei sinistri marittimi Capitolo 7 - La consulenza tecnica d’ufficio nel processo amministrativo Capitolo 8 - La consulenza tecnica nel processo tributario Capitolo 9 - La perizia quale mezzo di prova nel processo penale Capitolo 10 - Consulenza e perizia in materia medico–legale. Contenuti e limiti Formulario Glossario Appendice normativa Rassegna di giurisprudenza Indice analitico

Download or read book Antitrust between EU law and national law Antitrust fra diritto nazionale e diritto dell Unione Europea written by Enrico Adriano Raffaelli and published by Primento. This book was released on 2013-02-22 with total page 522 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work contains the papers of the Tenth Conference on “Antitrust between EU Law and national law”, held in Treviso on May 17 and 18 , 2012 under the patronage of the European Lawyers Union – Union des Avocats Européens (UAE), the Associazione Italiana per la Tutela della Concorrenza - the Italian section of the Ligue Internationale du Droit de la Concurrence (LIDC)-, the Associazione Italiana Giuristi di Impresa (AIGI), the European Company Lawyers Association (ECLA), and the Associazione Antitrust Italiana (AAI). Some of the papers have been extensively reviewed and updated by the authors prior to publication. Contributions contained in this volume are the result of an in-depth analysis and study of the most salient issues arising from the application of antitrust rules, carried out by experienced and high-ranking professionals, company lawyers, academics and EU/national institutional representatives who attended the Conference. They deal with extremely topical issues, lying at the heart of current antitrust debate. Some of the most contemporary topics include those relative to the large-scale distribution sector and the control of concentrations at both national and European level. Ample consideration is also given to salient antitrust issues encountered in undertakings’ day-to-day business life, as well as to the future of antitrust in the global economy, also in the light of the new powers recently attributed to the Italian Antitrust Authority to challenge administrative acts. This volume also includes some precious insights on the assessment and quantification of damages in antitrust infringements, from both an economic and legal perspective, as well as reflections on the role of judges in the application of antitrust law, also following the principles set forth by the European Court of Human Rights in the well-known Menarini case.

Download or read book Dizionario giuridico written by Francesco De Franchis and published by Giuffre. This book was released on 1984 with total page 1490 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Preliminary Injunctions Germany England Wales Italy and France written by Torsten Frank Koschinka and published by Kluwer Law International B.V.. This book was released on 2015-10-08 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: Every legal system, at the outset of court proceedings, has rules aimed at safeguarding parties' interests during the time needed to obtain a judgment on the merits. However, as the European Commission put the case in a 1997 communication, 'a comparative survey of national legislation reveals that there are virtually no definitions of provisional/protective measures and that the legal situations vary widely. The only convergence that can be ascertained is between the function of such measures.' Recognizing that after almost twenty years the issues noted by the Commission have not found a satisfactory solution, here at last is a book that collects and compares the ideas behind the 'preliminary injunction' (an expression the authors use as a general term for a great variety of provisional and precautionary measures) with an eye to defining and organizing this small but very important aspect of the law. Although the analysis touches on relevant measures from many countries, the authors focus on the national legislation in four EU Member States – England, France, Germany, and Italy – to highlight the nature of the differences these kinds of measures entail. They compare and contrast such aspects as the following: – differences in civil procedure; - the types of measures that may be taken; - the terms on which preliminary injunctions, which are normally directly enforceable, may be ordered by a court; - the kind of assets that may be affected; - the relationship between proceedings in an interlocutory action and proceedings on the substance; - necessity of credible evidence that immediate and irreparable injury, loss, or damage will result if no preliminary injunction is granted; and - the role of protective measures in summary proceedings. The study also describes and examines the recent European order for payment (EC Regulation No. 1896/2006), the most significant existing transnational instrument aimed at granting preliminary protection of creditors' rights. This incomparable book represents a major contribution to a growing debate, particularly in Europe, on ways and means of securing equivalent protection for all litigants. Given the variety of legal systems and of measures available, the debate will have to focus on the functions served by provisional/protective measures, the minimum conditions to be satisfied, the adversary procedure requirement, the enforceability of the measures, and possible redress procedures. There is no more thorough and reliable resource available to clarify these issues for practitioners and interested policymakers everywhere.

Download or read book Italian Books and Periodicals written by and published by . This book was released on 1976 with total page 686 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Annual Legal Bibliography written by Harvard Law School. Library and published by . This book was released on 1978 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Studi in onore di Gaetano Scherillo written by Gaetano Scherillo and published by . This book was released on 1972 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Il processo civile adversary nell esperienza americana written by Michele Taruffo and published by . This book was released on 1979 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book La consulenza tecnica d ufficio e l assunzione della prova written by Alessandro Farolfi and published by Key Editore. This book was released on 2020-02-19 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: L’opera si propone di affrontare le principali questioni processuali e sostanziali che si pongono in tema di ammissione, svolgimento e valutazione della consulenza tecnica d’ufficio, partendo dall’idea che il ricorso alla prova scientifica ed al sapere tecnico risulta sempre più necessario per risolvere il moderno contenzioso civile, dominato dalla diffusione di nuovi strumenti di comunicazione, tecnologie e rischi. Da qui, inoltre, l’emersione di quella che in gergo è chiamata consulenza “percipiente” che, contrariamente ad una diffusa tradizione, assume il valore di vera e propria prova di fatti non altrimenti accertabili o verificabili. Non mancano esempi di quesiti relativi alle materie più frequentemente trattate in sede contenziosa e la disamina dei profili inerenti il rispetto del contraddittorio o la liquidazione dei compensi dovuti all’ausiliare del giudice. Ampio spazio, infine, è dedicato al tema dell’assunzione probatoria, ossia a quella fase del processo ed a quelle modalità (dirette o delegate) attraverso le quali la prova costituenda, in particolare, fa il suo ingresso nel processo, assumendo spesso valenza fondamentale ai fini della decisione della lite.