Download or read book Comparative Law of International Arbitration written by Jean-François Poudret and published by Sweet & Maxwell. This book was released on 2007 with total page 992 pages. Available in PDF, EPUB and Kindle. Book excerpt: Guides practitioners through the international arbitration process from beginning to end. This work covers each step of arbitral procedure, from the conclusion of the arbitration agreement to the enforcement of the arbitral award, from a comparative standpoint, helping practitioners decide which jurisdiction's rules they wish to be bound by
Download or read book The Conventions on the Privileges and Immunities of the United Nations and its Specialized Agencies written by August Reinisch and published by Oxford University Press. This book was released on 2016-03-24 with total page 1089 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Convention on the Privileges and Immunities of the United Nations and the Convention on the Privileges and Immunities of the Specialized Agencies entered into force more than 60 years ago. This Commentary offers for the first time a comprehensive discussion covering both Conventions in their entirety, providing an overview of academic writings and jurisprudence for a legal field of particular practical relevance and gives both the academic researcher as well as the practitioner a unique source to understand the complexity of legal issues that the UN, its Specialized Agencies, their officials, Member States' representatives, and experts face in today's world.
Download or read book Lis Pendens in International Litigation written by Campbell McLachlan and published by Martinus Nijhoff Publishers. This book was released on 2009-07-15 with total page 493 pages. Available in PDF, EPUB and Kindle. Book excerpt: What legal principles apply when courts in different jurisdictions are simultaneously seised with the same dispute ? This question — of international lis pendens — has long been controversial. But it has taken on new and urgent importance in our age. Globalization has driven an unprecedented rise in forum shopping between national courts and a proliferation of new international tribunals. Problems of litispendence have spawned some of the most dramatic litigation of modern times — from anti-suit injunction battles in commercial disputes, to the appeals of prisoners on death row to international human rights tribunals. The way we respond to this challenge has profound theoretical implications for the interaction of legal systems in today’s pluralistic world. In this wide-ranging survey, McLachlan analyses the problems of parallel litigation — in private and public international law and international arbitration. He argues that we need to develop a more sophisticated set of rules of conflict of litigation, guided by a cosmopolitan conception of the rule of law.
Download or read book Le Juriste suisse face au droit et aux jugements trangers written by François Knoepfler and published by . This book was released on 1988 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book International Organizations Before National Courts written by August Reinisch and published by Cambridge University Press. This book was released on 2000-04-13 with total page 523 pages. Available in PDF, EPUB and Kindle. Book excerpt: A radical, empirical investigation of how national courts 'react' to disputes involving international organizations. Through comprehensive analysis of the attitudes and techniques of national courts and underlying political motives, Professor Reinisch first describes various legal approaches that result in adjudication or non-adjudication of disputes concerning international organizations. Secondly he discusses policy issues pro and contra the adjudication of such disputes. His study then scrutinizes the rationale for immunizing international organizations from domestic litigations, especially the 'functional' need for immunity, and substantially debates the implications of a human rights-based right of access to court on immunizing international organizations against national jurisdictions. Finally he identifies contemporary trends, seeking to ascertain whether a more flexible principle exempting certain types of disputes from domestic adjudication might substitute for the traditional immunity concept, which would simultaneously guarantee the functioning and independence of international organizations without impairing private parties' access to a fair dispute settlement procedure.
Download or read book Third Party Effects of Arbitral Awards written by Maximilian Pika and published by Kluwer Law International B.V.. This book was released on 2019-07-11 with total page 637 pages. Available in PDF, EPUB and Kindle. Book excerpt: The specialization and financial demand of global business render international transactions inherently multilateral and thus best effected through arbitration agreements. However, it often happens that – for various reasons, such as a debtor’s failure to pay damages ordered by an arbitral tribunal – third parties who did not consent to the original arbitration enter the scene. This is the first book to examine the binding effects of international commercial arbitral awards in follow-up disputes against third parties. It comprehensively analyses arbitral awards’ third-party effects under national arbitration laws, the New York Convention and private international law. Moreover, it proposes solutions under transnational law before both courts and arbitral tribunals. Applying a continuously comparative methodology that refers to specific statutory, jurisprudential and scholarly sources, this book explores the nature and implications of such aspects of third-party involvement as the following: the foundations of the doctrine of res judicata and its intrinsic connection to other tools of forum coordination; the distinction between res judicata before courts on the one hand and arbitral tribunals on the other; the application of non-mutual preclusion in favour of third parties; the potential for arbitral awards to constitute a fact in follow-up disputes; a comparison of rules and uncertainties on awards’ third-party effects under various national arbitration acts; preclusion agreements; the arbitration agreement’s scope; and judgments’ third-party effects as a shift of the participatory burden. For civil law, the author focuses on France and Switzerland (as predominant arbitral seats) and on Germany (as a Model Law example). Among common-law countries, he concentrates on England and Wales and on the United States. Statutory sources (with specific wording), leading cases and summaries of the most important scholarly discussions are all invoked. With its clear guidelines for matters currently not addressed in previous publications and likely to be raised in specific cases, this book will prove to be of immeasurable value for arbitration practitioners and academics in any jurisdiction. Business parties that seek to prevent contradicting decisions in multilateral transactions will appreciate the practically feasible alternatives it presents in the event of follow-up disputes involving third parties.
Download or read book Report of the Conference written by International Law Association. Conference and published by . This book was released on 2006 with total page 880 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Arbitration International written by and published by . This book was released on 1992 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Selected Acquisitions written by Robert Crown Law Library and published by . This book was released on 1989 with total page 936 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Bibliographie Mensuelle written by United Nations Library (Geneva, Switzerland) and published by . This book was released on 2004-07 with total page 944 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book International Arbitration written by Stephen M. Schwebel and published by Cambridge University Press. This book was released on 2020-01-23 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: Considers the vitality of the international arbitral process through an updated examination of three salient problems.
Download or read book French books in print anglais written by Electre and published by . This book was released on 2000 with total page 1844 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Annuaire suisse de droit international written by and published by . This book was released on 1989 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book L europ anisation du droit priv written by Franz Werro and published by Editions Universitaires Fribourg Suisse. This book was released on 1998 with total page 566 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Le juriste suisse face au droit et aux jugements trangers written by and published by . This book was released on 1988 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Sitzungsberichte written by and published by . This book was released on 1991 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Freiheit und Zwang written by Hans Giger and published by . This book was released on 1989 with total page 820 pages. Available in PDF, EPUB and Kindle. Book excerpt: