Download or read book Complex Arbitrations written by Bernard Hanotiau and published by Kluwer Law International B.V.. This book was released on 2020-07-10 with total page 662 pages. Available in PDF, EPUB and Kindle. Book excerpt: Complex Arbitrations: Multi-party, Multi-contract and Multi-issue A Comparative Study Second Edition Bernard Hanotiau Arbitrations involving more than two parties and complex multi-contractual issues are becoming more and more prevalent every year in every major jurisdiction worldwide. This fully updated, extensively revised edition of a far-seeing 2006 book that has been greatly valued and widely used remains the only comprehensive analysis of all the issues arising from multi-party–multi-contract arbitrations, including those involving States and groups of companies. The numerous factors and problems analysed in depth include the following: theories on the basis of which various courts and tribunals determine who are parties to the arbitration clause and whether a non-signatory may be part of the proceedings; to what extent one can bring to a single arbitration proceeding the various parties who have participated in a single economic transaction through several contracts; reasoning to follow when it comes to deciding whether another company of the group can be joined to the arbitration; whether a party to a complex contractual structure can intervene voluntarily in the proceedings; under what conditions arbitrations may be consolidated; to what extent res judicata applies when a second arbitration is initiated between the same parties on different legal grounds; how and to what extent one can overcome the inconveniences that arise from having several parallel proceedings; and enforcement of multi-party–multi-contract awards. Features of particular value to the practitioner include in-depth analysis of ad hoc and institutional awards rendered under the auspices of numerous arbitral institutions; analysis of relevant national case law based on hundreds of court decisions from all over the world; and appendices specifying multi-party–multi-contract arbitration clauses, provisions of international conventions and relevant national legislative and institutional rules. The first edition has been used all over the world, frequently referred to by courts and tribunals when one of its topics is addressed. The second edition, with its increased volume of arbitral awards and cases from many more jurisdictions, its new scenarios, its updates on new legislation and rules, and its newly researched jurisprudence will help lawyers and corporate counsel solve the increasingly complex procedural issues confronting them in dealing with multi-party–multi-contract disputes. Law professors and students of dispute resolution have here a powerfully authoritative consideration of one of the most salient aspects of current international practice.
Download or read book Collection of ICC Arbitral Awards 2016 2020 written by Jean-Jacques Arnaldez and published by Kluwer Law International B.V.. This book was released on 2022-02-28 with total page 1675 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Collection of ICC Arbitral Awards 2016¿2020 contains extracts of cases handled by the ICC Court of Arbitration, one of the world’s most respected arbitral institutions. This most recent collection supplements seven previous and successful volumes containing awards from the period 1974 to 2015. This collection is a practical reference tool, containing three types of useful indexes incorporating information from all three volumes: a consolidated analytical table, in both English and French, contains extensive cross-references based on the terminology used in awards and case notes; a chronological index lists the awards; a keyword index, also provided in both languages, allows the reader to locate the material of interest quickly and easily. In addition to providing a wealth of information in a highly accessible manner, this book includes case notes end expert commentaries on the awards. This publication is an indispensable reference work for anyone interested in international arbitration and in the reasoning of international arbitrators on the interpretation and application of contractual clauses, international conventions, and the law of international trade. It is invaluable to both scholars and practitioners involved in the drafting and negotiation of international commercial contracts and the resolution of international commercial disputes.
Download or read book Reforming the French Law of Obligations written by John Cartwright and published by Bloomsbury Publishing. This book was released on 2009-04-17 with total page 950 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2005 Avant-projet de réforme du droit des obligations et de la prescription, also dubbed the Avant-projet Catala, suggests the most far-reaching reform of the French Civil code since it came into force in 1804. It reviews central aspects of contract law, the law of delict and the law of unjustified enrichment. There is currently a very lively debate in France as to the merits or the demerits of both the particular draft provisions and the general idea of recodification as such. This volume is the first publication to introduce the reform proposals to an English speaking audience. It contains the official English translation of the text, and distinguished private lawyers from both England and France analyse and assess particularly interesting aspects of the substantive draft provisions in a comparative perspective. Topics covered include negotiation and renegotiation of contracts, la cause, the enforcement of contractual obligations, termination of contract and its consequences, the effects of contracts on third parties, the definition of la faute, the quantification of damages, and the law of prescription. The volume also contains an overall assessment of the draft provisions by one of the most senior French judges who chaired the Working Party on the Avant-projet, established by the French Supreme Court, the Cour de cassation. The book is indispensable for comparative private lawyers and lawyers with a particular interest in French law. It is also of use to all private lawyers (both academics and practitioners) looking for information on recent international and European trends in contract and tort.
Download or read book La Revue du notariat written by and published by . This book was released on 1907 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book International Bank and Other Guarantees Handbook written by Yann Aubin and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 1024 pages. Available in PDF, EPUB and Kindle. Book excerpt: Familiarity with guarantees and how they function under various national jurisdictions are essential for principals, guarantors, and beneficiaries of international contracts. This enormously useful handbook provides a practical overview of the guarantee regimes in twenty-eight European countries, with country-by-country contributions from regional expert practitioners and academics. For easy comparison, each country report follows the same structure, from preliminary discussion on the provisions of a guarantee to its negotiation, drafting, and enforcement. Focusing on specific issues to consider at every stage, each chapter provides detailed information and guidance on such aspects as the following: . who can issue guarantees; . limitations as to the type of obligations which may be subject to a guarantee; . issues relating to the protection of the contracting parties; . formal requirements which need to be complied with; . stamp duties or other tax payable; . presence of implied terms; . legal framework applicable to joint and several obligations; . modification of the situation; . conditions for release and actions to be taken to ensure a valid release; . opening of bankruptcy proceedings against the principal; . court enforcement; and . incorporation of uniform rules. Each chapter includes references and model guarantee forms that readers can use to draft their own documents. Invaluable to corporate counsel and law firms with an international practice, this peerless handbook will prove the first order of business in trade negotiations across Europe, among European nations themselves as well as with their global partners.
Download or read book Les Rapports Judiciaires de Qu bec written by Québec (Province). Superior Court and published by . This book was released on 1899 with total page 700 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Council of Europe French English legal dictionary written by Frank H.S. Bridge and published by Council of Europe. This book was released on 1994-01-01 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Designed to provide useful and authentic translations, this dictionary is an incomparable reference work containing some 11 000 entries, clearly set out and easy to consult.
Download or read book Manuel l mentaire de Droit Romain written by Paul Frédéric Girard and published by . This book was released on 1911 with total page 1180 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Les recueils de jurisprudence du Qu bec publi s par le Barreau de Qu bec written by Québec (Province). Superior Court and published by . This book was released on 1899 with total page 700 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Drafting International Contracts written by Marcel Fontaine and published by BRILL. This book was released on 2006 with total page 675 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Drafting International Contracts" is an essential resource for anyone working in international business. It features the latest trends, fostering an understanding of how international contracts are drafted in practice.
Download or read book La Revue du notariat written by and published by . This book was released on 1989 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Law of Obligations in the Louisiana Jurisprudence written by Saul Litvinoff and published by . This book was released on 1979 with total page 736 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Rapports judiciaires revis s de la Province de Qu bec written by Michel Mathieu and published by . This book was released on 1903 with total page 856 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Practical Considerations to Negotiate an Enforceable Joint Operating Agreement under Civil Law Jurisdictions written by Damilola S.Olawuyi and published by Kluwer Law International B.V.. This book was released on 2019-12-18 with total page 693 pages. Available in PDF, EPUB and Kindle. Book excerpt: Because agreements concerning oil and gas upstream activities have historically been developed in common law jurisdictions, a growing concern for the petroleum industry is that a some upstream investment might not be enforceable in a civil law jurisdiction to the extent the same standards/concepts are used without any adaptation. This is why it is essential to understand and analyse how to implement a Joint Operating Agreement in civil law countries. This new edition of this unique in-depth treatment of JOAs under civil law offers a new abundance of practical considerations addressing enforceability issues in a wide variety of civil law jurisdictions likely to be conducting joint operations among two or more parties. The country-by-country analysis helps greatly in ensuring that such issues and topics as the following will be covered in a contract subject to civil law: obligations and liabilities; relationship of the parties; exclusive operations; force majeure; hardship; and host granting instrument. A useful appendix to this new edition is dedicated to a wealth of short practical comments and specific guidance. The first edition of this book presented the first JOA edited book to address the essential requirements from a large variety of civil law perspectives. This new edition offers a broader and more complete discussion of the latest legal developments with respect to the legal framework and principles underpinning JOAs in more civil law countries. It analyses the main issues that the petroleum industry and its investors might face in civil law jurisdictions with actual or potential large oil and gas reserves, and as such it is a unique and immensely valuable source of information and guidance for oil and gas law practitioners, legal counsel, and business and commercial negotiators involved in transnational operating agreements around the world.
Download or read book Revue Roumaine D tudes Internationales written by and published by . This book was released on 1983 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Unauthorised Agent written by Danny Busch and published by Cambridge University Press. This book was released on 2009-02-19 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: The focus of this book, the legal situation created when an agent acts without authority, is one of the most important issues in agency law. The analysis is divided into three sections: apparent authority, ratification and the liability of the falsus procurator. Adopting a unique comparative perspective, the contributions are drawn from many different legal systems, providing the opportunity for analysis of the European common law/civil law divide. The analysis extends beyond Europe, however, taking into account the mixed legal system of South Africa, as well as the United States. Finally, there is a useful consideration of the Principles of European Contract Law and the UNIDROIT Principles of International Commercial Contracts 2004. This study will be an invaluable guide for those interested in the study of comparative law, international practitioners and those interested in the harmonisation of European Private Law.
