Cross Border Litigation In Central Europe

Author : Csongor István Nagy
Publisher : Kluwer Law International B.V.
Page : 494 pages
File Size : 49,8 Mb
Release : 2022-07-12
Category : Law
ISBN : 9789403537108

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Cross-Border Litigation in Central Europe by Csongor István Nagy Pdf

Cross-Border Litigation in Central Europe EU Private International Law Before National Courts As a consequence of the ever-increasing intercourse within the enlarged and diverse European Union (EU), a growing number of businesses, consumers, and families rely on EU private international law instruments to seek justice in cross-border disputes. This invaluable reference book offers an in-depth understanding of this process in Central Europe and is the first to provide a comprehensive and analytical overview of the judicial practice in the region and to make this case law accessible in English. Presenting the results of a major EU-funded project (CEPIL), the book offers an insight into the reality of EU private international law and cross-border litigation in Central Europe: it provides a comprehensive and exhaustive presentation of the case law in 10 Central European Member States (Croatia, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia, and Slovenia); it covers all fields of EU private international law (general civil and commercial, insolvency, family and succession matters); it inquires whether EU private international law functions optimally in the Central European Member States in order to secure a Europe of law and justice; it examines whether EU private international law instruments are applied in a correct and uniform manner and whether national courts deal appropriately with disputes having a cross-border element; it analyzes whether the current legal and institutional architecture is susceptible of securing legal certainty and an effective remedy for cross-border litigants. This important practical resource helps businesses, consumers, families and legal counsels engaged in cross-border mobility to gain access to essential information and analysis as to the application and interpretation of EU private international law in Central Europe. The book is also highly valuable to academics and researchers specializing in private international law by presenting the research findings of the CEPIL project.

Author : Dr Burcu Yüksel,Paul Beaumont (Professor),Dr Katarina Trimmings,Dr Mihail Danov
Publisher : Unknown
Page : 864 pages
File Size : 54,8 Mb
Release : 2017
Category : Actions and defenses
ISBN : 1782256792

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Cross-border Litigation in Europe by Dr Burcu Yüksel,Paul Beaumont (Professor),Dr Katarina Trimmings,Dr Mihail Danov Pdf

Author : Arnaud Nuyts,Nikitas E. Hatzimihail
Publisher : Walter de Gruyter
Page : 352 pages
File Size : 48,6 Mb
Release : 2013-12-19
Category : Law
ISBN : 9783866539679

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Cross-Border Class Actions by Arnaud Nuyts,Nikitas E. Hatzimihail Pdf

Whether with regard to mass torts, civil-rights claims or as a means of private enforcement of antitrust and other regulatory policies: Collective redress of civil claims has been gaining in importance in Europe and worldwide. Long associated with the American model of class actions, an increasing number of EU Member States have made their own attempts at collective redress institutions. At the same time, the amendment of the Brussels I Regulation has shied away from dealing with the cross-border aspects of collective redress. In this book, a worldwide group of distinguished experts in private international law, civil procedure and regulatory law evaluate the problems of cross-border collective redress and provide proposals for a "European way" appropriate for the twenty-first century. This very topical work is, thus, indispensable for practitioners, academics, lobbyists and institutional agents.

Author : Alexia Pato
Publisher : Hart Publishing
Page : 368 pages
File Size : 44,7 Mb
Release : 2021-01-21
Category : Law
ISBN : 150994625X

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Jurisdiction and Cross-Border Collective Redress by Alexia Pato Pdf

In recent decades, the rise in cross-border law violations has harmed numerous victims around the globe. The damages are often dispersed and low-level. As a result, the private enforcement gap has deepened and collective redress represents an interesting procedural instrument that is able to provide effective access to justice. This book analyses thoroughly the dominant collective redress models adopted in the EU. Data from 13 Member States has been catalogued and categorised. The research mainly focuses on the consumer law field but frequent references to financial and data protection-related cases are made. The dominant collective redress models are then studied from a private international law perspective. In particular, the book highlights the current mismatch between collective redress on the one hand, and rules on international jurisdiction on the other. Additionally, it notes that barriers to cross-border litigation remain significant for victims and their representatives. The unprecedented empirical study included in this book confirms that statement. Observing that EU measures have not satisfactorily lowered those barriers, the author proposes the creation of a new head of jurisdiction for cases of international collective redress. This book will be of interest to private international law scholars, researchers, students, legal practitioners, judges and policy-makers. It is a reference point for those with an interest in cross-border collective redress in particular, and private international law in general.

Author : F. Ferrari,F. Ragno
Publisher : Unknown
Page : 128 pages
File Size : 46,5 Mb
Release : 2016
Category : Law
ISBN : 8813358318

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Cross-border litigation in Europe. The Brussels I recast regulation as a panacea? by F. Ferrari,F. Ragno Pdf

Author : Stephen O'Malley,Alexander Layton
Publisher : Unknown
Page : 1968 pages
File Size : 45,7 Mb
Release : 1989
Category : Civil law
ISBN : 0421262907

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European Civil Practice by Stephen O'Malley,Alexander Layton Pdf

Cross-border litigation in Europe will increase substantially with the completion of the internal market in 1992. Jurisdiction over civil and commercial disputes in the EEC is now determined by the 1968 Brussels Convention on Jurisdiction and Judgments which also regulates questions of recognition and enforcement. Initially drafted by continental lawyers for use in the original six member states of the EEC, it was later adapted to accommodate the interests of the United Kingdom and other new member states. It was incorporated into English Law by the 1982 Civil Jurisdiction and Judgments Act.

Author : Anna Howard
Publisher : Kluwer Law International
Page : 288 pages
File Size : 50,5 Mb
Release : 2021-01-13
Category : Electronic
ISBN : 9403517530

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Eu Cross-Border Commercial Mediation by Anna Howard Pdf

EU Cross-Border Commercial Mediation' is a book which focuses on the European Union?s (EU?s) continued efforts to encourage the use of cross-border mediation and examines why such efforts have had a limited impact. It does so by drawing on rare, and at times surprising, detailed insights from the in-house counsel of multinational companies regarding their use of EU cross-border commercial mediation. By viewing mediation through the disputants? perspective, new and important findings regarding why disputants do, and do not, use cross-border mediation have emerged. While these findings are of primary relevance to EU policy and practice, they have implications far beyond the EU context at a time of increasing international interest in cross-border mediation.

Author : Pierre-Henri Conac,Ulrich Segna,Luc Thévenoz
Publisher : Cambridge University Press
Page : 443 pages
File Size : 50,9 Mb
Release : 2013-05-30
Category : Law
ISBN : 9781107244801

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Intermediated Securities by Pierre-Henri Conac,Ulrich Segna,Luc Thévenoz Pdf

In today's financial markets, investors no longer hold securities physically. Instead, securities such as shares or bonds are mostly held through intermediaries and transferred by way of book-entries on securities accounts. However, there are remarkable conceptual differences between the various jurisdictions with regard to the legal treatment of intermediated securities. It is widely agreed that this patchwork creates considerable legal risks, especially in cross-border situations. Two initiatives are in place to reduce these risks. In 2009, the UNIDROIT Convention on Substantive Rules for Intermediated Securities (the 'Geneva Securities Convention') was adopted, aimed at harmonisation on the international level. The EU Commission is also running a legislative project, to achieve harmonisation at the regional level. This book compares both initiatives and analyses their impact on the securities laws of selected European jurisdictions.

Author : Paul Beaumont,Mihail Danov,Katarina Trimmings,Burcu Yüksel
Publisher : Bloomsbury Publishing
Page : 864 pages
File Size : 54,9 Mb
Release : 2017-11-16
Category : Law
ISBN : 9781782256779

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Cross-Border Litigation in Europe by Paul Beaumont,Mihail Danov,Katarina Trimmings,Burcu Yüksel Pdf

This substantial and original book examines how the EU Private International Law (PIL) framework is functioning and considers its impact on the administration of justice in cross-border cases within the EU. It grew out of a major project (ie EUPILLAR: European Union Private International Law: Legal Application in Reality) financially supported by the EU Civil Justice Programme. The research was led by the Centre for Private International Law at the University of Aberdeen and involved partners from the Universities of Freiburg, Antwerp, Wroclaw, Leeds, Milan and Madrid (Complutense). The contributors address the specific features of cross-border disputes in the EU by undertaking a comprehensive analysis of the Court of Justice of the EU (CJEU) and national case law on the Brussels I, Rome I and II, Brussels IIa and Maintenance Regulations. Part I discusses the development of the EU PIL framework. Part II contains the national reports from 26 EU Member States. Parts III (civil and commercial) and IV (family law) contain the CJEU case law analysis and several cross-cutting chapters. Part V briefly sets the agenda for an institutional reform which is necessary to improve the effectiveness of the EU PIL regime. This comprehensive research project book will be of interest to researchers, students, legal practitioners, judges and policy-makers who work, or are interested, in the field of private international law.

Author : Bernard Enjolras,Lester M. Salamon,Karl Henrik Sivesind,Annette Zimmer
Publisher : Springer
Page : 196 pages
File Size : 42,5 Mb
Release : 2018-05-15
Category : Political Science
ISBN : 9783319714738

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The Third Sector as a Renewable Resource for Europe by Bernard Enjolras,Lester M. Salamon,Karl Henrik Sivesind,Annette Zimmer Pdf

This book provides a critical account of the third sector and its future in Europe. It offers an original conceptualization of the third sector in its European manifestations alongside an overview of its major contours, including its structure, sources of support, and recent trends. It also assesses the impact of this sector in Europe which considers its contributions to European economic development, citizen well-being and human development. The Third Sector As A Renewable Resource for Europe presents the findings of the Third Sector Impact (TSI) project funded by the European Union’s Seventh Framework Program (FP7). It recognises that in a time of social and economic distress, as well as enormous pressures on governmental budgets, the third sector and volunteering represent a unique ‘renewable resource’ for social and economic problem-solving and civic engagement in Europe.

Author : Miloslav Bahna,Martina Sekulová
Publisher : Palgrave Macmillan
Page : 0 pages
File Size : 43,8 Mb
Release : 2018-12-13
Category : Social Science
ISBN : 3030072878

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Crossborder Care by Miloslav Bahna,Martina Sekulová Pdf

This book analyses the circular migration of care workers in Central Europe using the example of Slovak carers in 24-hour care provision for the elderly in Austria. Challenging analyses that focus primarily on care drain and care regimes, Bahna and Sekulová supplement quantitative methodology with qualitative fieldwork to demonstrate the importance of the sending country’s economic context. The authors discuss the dynamics of economic differences between Austria and its post-communist neighbors as preconditions of the crossborder care provision, bridging analyses of policy and legal frameworks with approaches from labor migration study. Even as they scrutinize the relevance of care drain-based analyses, Bahna and Sekulová bring to the fore the interplay of economic differences, social policies, gender and migration regimes with geographic proximity to study long-term impacts of care work, including an analysis of employment after care work.

Author : Stefano Ruggeri
Publisher : Springer Science & Business Media
Page : 231 pages
File Size : 54,6 Mb
Release : 2013-12-12
Category : Law
ISBN : 9783319025704

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Transnational Evidence and Multicultural Inquiries in Europe by Stefano Ruggeri Pdf

This book deals with the gathering of evidence in cross-border investigations in Europe. The issue of obtaining evidence in and from European countries has been among the most debated issues of EU cross-border cooperation in criminal matters over the last two decades, going through periods of intensive discussions and showing an extraordinary adaptability to the evolution of EU legislation for criminal matters. On the other hand, the prosecution and investigations of cross-border cases pose unprecedented challenges in the European scenario, characterized by the increasing flow and activity of citizens over the territory of more than one country and therefore by the need to lay the foundations of a transcultural criminal justice system. The book analyses this complex topic starting with the current perspectives of EU legislation, thus providing a critical analysis of the legislative initiative aimed at introducing a new tool for gathering almost any type of evidence in other Member States, i.e., the European Investigation Order. On a second level, this study deals with the solution models and human rights challenges posed by the increasingly intensive dialogues between domestic and supranational case laws, and formulates essential guidelines for setting up a fair transnational enquiry system in Europe.

Author : Paul Beaumont,Mihail Danov,Katarina Trimmings,Burcu Yüksel
Publisher : Bloomsbury Publishing
Page : 864 pages
File Size : 45,5 Mb
Release : 2017-11-16
Category : Law
ISBN : 9781782256786

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Cross-Border Litigation in Europe by Paul Beaumont,Mihail Danov,Katarina Trimmings,Burcu Yüksel Pdf

This substantial and original book examines how the EU Private International Law (PIL) framework is functioning and considers its impact on the administration of justice in cross-border cases within the EU. It grew out of a major project (ie EUPILLAR: European Union Private International Law: Legal Application in Reality) financially supported by the EU Civil Justice Programme. The research was led by the Centre for Private International Law at the University of Aberdeen and involved partners from the Universities of Freiburg, Antwerp, Wroclaw, Leeds, Milan and Madrid (Complutense). The contributors address the specific features of cross-border disputes in the EU by undertaking a comprehensive analysis of the Court of Justice of the EU (CJEU) and national case law on the Brussels I, Rome I and II, Brussels IIa and Maintenance Regulations. Part I discusses the development of the EU PIL framework. Part II contains the national reports from 26 EU Member States. Parts III (civil and commercial) and IV (family law) contain the CJEU case law analysis and several cross-cutting chapters. Part V briefly sets the agenda for an institutional reform which is necessary to improve the effectiveness of the EU PIL regime. This comprehensive research project book will be of interest to researchers, students, legal practitioners, judges and policy-makers who work, or are interested, in the field of private international law.

Author : Lutz-Christian wolff
Publisher : Kluwer Law International B.V.
Page : 474 pages
File Size : 53,6 Mb
Release : 2017-12-15
Category : Law
ISBN : 9789041186836

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The Law of Cross-Border Business Transactions by Lutz-Christian wolff Pdf

Law of Cross-Border Business Transactions aims at giving a structured introduction to the law and practice of investment deals (e.g., greenfield projects, M&As and hybrid forms) and of non-investment transactions (e.g., trade, technology transfer and services). Cross-border business deals are nowadays routine matters for business entities all over the world and the related legal aspects are becoming more and more complex. This book provides extensive general background information. It also covers numerous specific issues of relevance in the context of cross-border projects. Substantive law issues, procedural aspects and skills-related considerations such as contract drafting, structuring options and cross-cultural lawyering techniques are included, adding up to an unusually comprehensive and useful guide in the field. What’s in this book: The author describes a wide spectrum of transaction types. He explains underlying principles from a conceptual and a comparative point of view with a focus on transactional issues, using case studies from a variety of jurisdictions to demonstrate the significance of particular aspects in the context of multi-jurisdictional legal practice. Among much else, topics include the following: international lawyering and cultural diversity; lex mercatoria; conflict of laws; letters of intent, position papers, heads of agreement, confidentiality and exclusivity agreements; structure and contents of international contracts; e-contracts and smart contracts; protection of intellectual property rights and technology transfer; trade, countertrade and trade financing; insurance; agency and distributorship; greenfield investments and M&As; competition law and merger control; employment law; corporate governance and corporate social responsibility; international taxation; and dispute settlement and cross-border enforcement of awards. This second edition updates the discussion of the different topics comprehensively. It also expands many parts and adds sections in relation to new themes that have gained importance since the publication of the first edition. In particular, it addresses legal issues arising out of the digitalization of the global economy with a special focus on choice-of-law questions, smart contracts, e-bills of lading and online dispute settlement. It also draws attention to the impact of China’s Belt and Road initiative, Brexit and the ‘America First’ foreign policy. How this will help you: Of special value is the author’s precise guidance on drafting techniques and contract practice. The clarity of the presentation, the uncompromising consistency in terms of structure and a large body of references to primary and secondary sources presented in this edition ensure that legal professionals, business managers and academics as well as other interested parties can gain easy access to comprehensive and detailed information across jurisdictions.

Author : Franklin Allen
Publisher : CEPR
Page : 117 pages
File Size : 50,9 Mb
Release : 2011
Category : Banks and banking
ISBN : 9781907142369

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Cross-border Banking in Europe by Franklin Allen Pdf

This report argues that policy reforms in micro- and macro-prudential regulation and macroeconomic policies are needed for Europe to reap the important diversification and efficiency benefits from cross-border banking, while reducing the risks stemming from large cross-border banks.Available online as pdf at: http: //www.cepr.org/pubs/books/CEPR/cross-border_banking.pd