Comparative Analysis Of Interim Measures Interim Remedies England Wales V Preservation Measures China

Author : Vivek Jain,Thomas Macey-Dare,Shengnan Jia
Publisher : Taylor & Francis
Page : 486 pages
File Size : 40,7 Mb
Release : 2022-05-30
Category : Law
ISBN : 9781000579710

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Comparative Analysis of Interim Measures – Interim Remedies (England & Wales) v Preservation Measures (China) by Vivek Jain,Thomas Macey-Dare,Shengnan Jia Pdf

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.

Author : Bertrand G. Ramcharan,Gianni Magazzeni,Mona M'Bikay,Inès French
Publisher : BRILL
Page : 1420 pages
File Size : 43,5 Mb
Release : 2023-09-29
Category : Law
ISBN : 9789004535053

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A Global Handbook on National Human Rights Protection Systems by Bertrand G. Ramcharan,Gianni Magazzeni,Mona M'Bikay,Inès French Pdf

The human rights movement strives to develop a universal culture of human rights in all societies, as well as to confront gross violations. This book, the first ever of its kind, is a veritable State of the World Report on Human Rights. It reproduces summaries by UN High Commissioners for Human Rights on the state of the national human rights protection systems of each UN Member State. These summaries were sent following each state’s passage through the Universal Periodic Review (UPR) process of the UN Human Rights Council. The summaries identify each state’s constitutional, legal, judicial and institutional architecture, international conventions not yet ratified, areas of progress, problem areas, and problems affecting different parts of the population. The High Commissioners’ summaries reproduced here are preceded by insightful reflections on the concept of a national human rights protection system, and by regional outlines of national human rights protection systems in the Americas and the Caribbean, Europe Africa, Asia and the Pacific. The book also contains some case studies of the national human rights protection systems of sample states such as Australia, Bhutan, Brazil, Canada, Democratic Republic of the Congo, Guyana, Portugal, Switzerland, Sweden, and South Africa.

Author : Shengnan Jia,Lijun Liz Zhao
Publisher : Taylor & Francis
Page : 278 pages
File Size : 40,8 Mb
Release : 2022-12-26
Category : Law
ISBN : 9781000802498

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Commercial and Maritime Law in China and Europe by Shengnan Jia,Lijun Liz Zhao Pdf

Both China and Europe have a long tradition of commercial and maritime law; and this new book examining various topics from their particular perspectives is both timely and important. It links the vital component of maritime law with commercial law, financial law and trade policy. The book has performed a remarkable task in making connections between China and Europe through the lenses of substantive and procedrual laws, covering a wide range of areas, including commercial law, insurance law, salvage, EU maritime law and Brexit, carriage of goods by sea, arbitration, mediation, litigation, the recently formed China International Commercial Court, and different liability regimes, as well as a brief look forward into new initiatives and artificial intelligence in the digital age. In these challenging times, we all have much to learn from each other in seeking to find answers to what are often difficult problems. This book provides a welcome opportunity for anyone interested in commercial and maritime law to engage in that learning exercise and, looking ahead, thereby to help solve such problems as may arise in the future – in a practical and fair manner. It is therefore of great relevance to both the academic field and the legal practice field in China and Europe.

Author : Meixian Song
Publisher : Taylor & Francis
Page : 283 pages
File Size : 44,8 Mb
Release : 2024-02-15
Category : Law
ISBN : 9781003844853

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Causation in Insurance Contract Law by Meixian Song Pdf

Causation is a crucial and complex matter in ascertaining whether a particular loss or damage is covered in an insurance policy or in a tort claim, and is an issue that cannot be escaped. Now in its second edition, this unique book assists practitioners in answering one of the most important questions faced in the handling of insurance and tort claims. Through extensive case law analysis, this book scrutinises the causation theory in marine insurance and non-marine insurance law, and provides a comparative study on the causation test in tort law. In addition, the author expertly applies causation questions in concrete scenarios, and ultimately, this book provides a single volume solution to a very complex but essential question of insurance law and tort law. Thoroughly revised and updated throughout to include the Insurance Act 2015, several landmark cases and potential impacts of the Covid-19 pandemic, the second edition also features an introduction re-written to clarify elementary and central questions of causation in insurance law and tort. Additionally, it also provides three brand new chapters on Factual Causation and Legal Causation, Causation and Interpretation, and Causation and Measure of Losses to provide a deeper and more thorough analysis, comparing academic approaches and juridical approaches to addressing causation issues in insurance claims. This book is an invaluable and unique guide for insurance industry professionals, as well as legal practitioners, academics and students in the fields of insurance and tort law.

Author : Kristoffer Svendsen,Endre Stavang,Greg Gordon
Publisher : Taylor & Francis
Page : 337 pages
File Size : 50,9 Mb
Release : 2023-03-15
Category : Law
ISBN : 9781000834017

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Knock-for-Knock Indemnities and the Law by Kristoffer Svendsen,Endre Stavang,Greg Gordon Pdf

This book examines contractual limitation, principles and practice through the use of knock-for-knock indemnity clauses. In using such clauses, the parties agree that for certain forms of potential liability – typically property damage, personal injury to employees, and sometimes other heads of claim such as consequential loss – any loss arising will be absorbed by the party who suffers it: "you look after your losses, I’ll look after mine." It is an apparently simple, pragmatic and neat solution to the question of who bears liability: a risk allocation model so straightforward that it was described by one experienced English judge, Honorable Mr. Justice Morison, as "crude". A specialist contributor team of international experts, examine the origin, application and effect of these clauses in important jurisdictions, their impact in different industries such as oil & gas, shipping, construction and insurance, through the lenses of both economic and legal analyses. The book is of use for lawyers, economists and businesspeople who draft, negotiates or manage contracts in all industries where liability is dealt with in this way. It is also of interest to students, academics, and policy makers.

Author : Ilias Bantekas,Pietro Ortolani,Shahla Ali,Manuel A. Gomez,Michael Polkinghorne
Publisher : Cambridge University Press
Page : 650 pages
File Size : 54,9 Mb
Release : 2020-02-29
Category : Law
ISBN : 110849823X

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UNCITRAL Model Law on International Commercial Arbitration by Ilias Bantekas,Pietro Ortolani,Shahla Ali,Manuel A. Gomez,Michael Polkinghorne Pdf

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.

Author : United Nations Commission on International Trade Law
Publisher : Unknown
Page : 0 pages
File Size : 54,6 Mb
Release : 2012
Category : Political Science
ISBN : 9211337933

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UNCITRAL 2012 Digest of Case Law on the Model Law on International Commercial Arbitration by United Nations Commission on International Trade Law Pdf

This publication contains a presentation of case laws rendered in jurisdictions having enacted the UNCITRAL Model Law on International Commercial Arbitration. In light of the large number of cases collected, the Commission requested a tool specifically designed to present selected information on the interpretation and application of the Model Law in a clear, concise and objective manner. This request originated the UNCITRAL Digest of Case Law on the UNCITRAL Model Law on International Commercial Arbitration. The purpose of the digest is to assist in the dissemination of information on the Model Law and further promote its adoption as well as its uniform interpretation and application. In addition, the digest is meant to help judges, government officials, arbitrators, practitioners and academics use more efficiently the case law relating to the UNCITRAL text.

Author : Anonim
Publisher : World Bank Publications
Page : 284 pages
File Size : 45,6 Mb
Release : 2009
Category : Law
ISBN : 9780821379028

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Stolen Asset Recovery by Anonim Pdf

This book is a first-of-its-kind, practice-based guide of 36 key concepts?legal, operational, and practical--that countries can use to develop non-conviction based (NCB) forfeiture legislation that will be effective in combating the development problem of corruption and recovering stolen assets.

Author : Xiaodong Yang
Publisher : Cambridge University Press
Page : 941 pages
File Size : 44,8 Mb
Release : 2012-09-27
Category : Law
ISBN : 9780521844017

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State Immunity in International Law by Xiaodong Yang Pdf

Xiaodong Yang examines the issue of jurisdictional immunities of States and their property in foreign domestic courts.

Author : John William Rowley,Emmanuel Gaillard,Gordon E. Kaiser,Benjamin Siino
Publisher : Unknown
Page : 779 pages
File Size : 54,8 Mb
Release : 2021
Category : Arbitration agreements, Commercial
ISBN : 1838625755

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The Guide to Challenging and Enforcing Arbitration Awards by John William Rowley,Emmanuel Gaillard,Gordon E. Kaiser,Benjamin Siino Pdf

Author : Association for International Arbitration
Publisher : Maklu
Page : 136 pages
File Size : 46,9 Mb
Release : 2007
Category : Law
ISBN : 9046601447

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Interim Measures in International Commercial Arbitration by Association for International Arbitration Pdf

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.

Author : Michael Marmot
Publisher : Olschki
Page : 74 pages
File Size : 43,6 Mb
Release : 2013
Category : Social Science
ISBN : 8822262514

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Fair Society, Healthy Lives by Michael Marmot Pdf

Author : Fulvio Maria Palombino,Roberto Virzo,Giovanni Zarra
Publisher : Springer Nature
Page : 365 pages
File Size : 47,5 Mb
Release : 2020-12-02
Category : Law
ISBN : 9789462654112

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Provisional Measures Issued by International Courts and Tribunals by Fulvio Maria Palombino,Roberto Virzo,Giovanni Zarra Pdf

This book makes a significant contribution to the comprehension of the law and practice of provisional measures issued by international courts and tribunals, including international commercial arbitration. After having analyzed the common features of provisional measures, it provides an overview of the peculiarities of these orders within the context of different international proceedings (e.g. the ICJ, the ITLOS, the CJEU, the ICC, human rights courts and investment arbitration). In this regard, the book is valuable in offering a broad and rigorous comparative analysis between the various forms of provisional measures. Owing to its original cross-cutting and case-driven approach, the book will be an essential tool for both scholars and practitioners dealing with the law of provisional measures in international adjudication. Indeed, this book will be an important novelty in international law libraries due to the broad range of regimes scrutinized and to a detailedanalysis of the general trends within the contemporary law of provisional measures. Fulvio Maria Palombino is Professor of International Law in the Department of Law at the University of Naples Federico II, Naples, Italy. Roberto Virzo is Associate Professor of International Law in the Department of Law, Economics, Management and Quantitative Methods (DEMM) at the University of Sannio, Benevento, Italy. Giovanni Zarra is Adjunct Professor of International Law in the Department of Law at the University of Naples Federico II, Naples, Italy.

Author : Ali Yeşilirmak
Publisher : International Arbitration Law
Page : 329 pages
File Size : 43,7 Mb
Release : 2005
Category : Law
ISBN : 9041123539

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Provisional Measures in International Commercial Arbitration by Ali Yeşilirmak Pdf

Due to the nature of the arbitration process, provisional measures-especially interim protection of rights-tend to play a disproportionate role in international commercial arbitrations. Indeed, the need to clearly define such measures often constitutes the major stumbling block on the path to an effective resolution of a commercial dispute. This concise but enormously useful volume offers practitioners the information and advice they need to overcome this obstacle in the best possible way every time. The Author covers all the relevant avenues of research and practice, from an overview of the concept of provisional measures to an in-depth analysis of the weight and enforceability of such measures. Along the way the treatment covers such crucial topics and issues as the following: scholarly analysis of the problems and uncertainties surrounding provisional measures, and their solutions in light of arbitral and judicial practice; the complex interaction of historical prejudices, political will, and business needs that impact the usefulness of provisional measures; choice of forum to seek provisional measures and the problems associated with such choice; complementary mechanisms to arbitration for interim protection of rights; standards of principles and procedures for the grant of provisional measures; and a comprehensive review of the arbitrators' power to grant provisional measures and court assistance to arbitration. The presentation examines, compares, and analyses seventy sets of arbitration rules on provisional measures (including the arbitration rules of the ICC, AAA, and LCIA), all of the major state laws on commercial arbitration, and detailed analyses of numerous ICC and AAA awards, most of which have not been published before. This new and fully researched book fulfils and important need for user-friendly and complete practical coverage of provisional measures in international commercial arbitration. It wil be of great value to corporate counsel, international lawyers, and business people, as well as to students of dispute resolution.

Author : Barbara J. Lausche
Publisher : IUCN
Page : 400 pages
File Size : 54,6 Mb
Release : 2011
Category : Law
ISBN : 9782831712451

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Guidelines for Protected Areas Legislation by Barbara J. Lausche Pdf

The central aim of this publication is to consider the key elements of a modern, comprehensive, and effective legal framework for successful management of protected areas. They provide practical guidance for all those involved in developing, improving, or reviewing national legislation on protected areas, be they legal drafters and practitioners, protected area managers, interested NGOs, or scholars. These guidelines include fifteen case studies, eight dealing with the protected area legislation of individual countries and six cases dealing with specific sites providing fundamental solutions that stand the test of time.