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Author : Karl Marxen
Publisher : Unknown
Page : 355 pages
File Size : 40,7 Mb
Release : 2018
Category : Electronic
ISBN : 1485128277
Author : Steven Shapiro,Shaheeza Lalani,Derek Heath
Publisher : BRILL
Page : 274 pages
File Size : 42,8 Mb
Release : 2023-11-20
Category : Law
ISBN : 9789004514874
The hospitality and construction industries are international economic drivers, with complex economic relationships and diverse legal issues. Cases and rulings are not static and move along a continuum in time and context. The evolution of legal agreements and disputes in hospitality and construction are not confined to any sort of strict schedule. This volume addresses the many cases and experiences of parties, counsel and arbitrators during the pandemic, and discusses issues such as key contract provisions, the impact of the COVID pandemic on investment treaties, and access to arbitral institutions.
Author : Georges Affaki,Royston Miles Goode
Publisher : Unknown
Page : 511 pages
File Size : 51,6 Mb
Release : 2011
Category : Banks and banking, International
ISBN : 9284200784
Author : Stavros Brekoulakis
Publisher : Law Business Research Ltd.
Page : 280 pages
File Size : 40,7 Mb
Release : 2017-09-12
Category : Electronic
ISBN : 9781912377015
Global Arbitration Review's The Guide to Construction Arbitration - edited by Stavros Brekoulakis and David Brynmor Thomas - takes the reader through the essential details of preparing, mitigating and managing construction disputes internationally. These include preparing contracts and guarantees, setting up dispute boards, organising proceedings in arbitrations, analysing documents and evidence and navigating within particular industries and regions. With contributions from the world's leading experts, the Guide is organised into 4 sections: I. International Construction Contracts II. International Arbitration for Construction Disputes III. Select Topics on Construction Arbitration IV. Regional Construction Arbitration.
Author : Dimitar Kondev
Publisher : John Wiley & Sons
Page : 408 pages
File Size : 55,5 Mb
Release : 2017-01-23
Category : Law
ISBN : 9781119251804
Multi-Party and Multi-Contract Arbitration in the Construction Industry provides the first detailed review of multi-party arbitration in the international construction sector. Highly practical in approach, the detailed interpretation and assessment of the arbitration of multi-party disputes will facilitate understanding and decision making by arbitrators, clients and construction contractors.
Author : Deborah Horowitz
Publisher : Oxford University Press
Page : 273 pages
File Size : 41,8 Mb
Release : 2010-06-10
Category : Business & Economics
ISBN : 9780199588534
This book is the first to provide an extensive analysis of the range of defences to payment under letters of credit and demand guarantees. It considers the extent to which different defences undermine the abstraction of these instruments. This is a fundamental issue, since letters of credit and demand guarantees are designed to be abstract, or autonomous, from the underlying contract that called for their use. The purpose of that abstraction is to provide certainty of payment, but the various defences diminish that certainty. The book examines the spectrum of defences that are frequently litigated and debated in international practice: fraud in the documents, nullity, fraud affecting deferred payment letters of credit, fraud as no honest belief, unconscionable conduct and illegality. Vitally, the book provides analysis of the relevant judicial decisions and offers clear practical guidance on which defences are most suitable for each instrument. As the instruments are heavily used in international trade, this work is particularly suited to financial and commercial law practitioners who draft agreements, as well as those who advise on disputes concerning these instruments. Accessible and engaging, the book is also relevant for academics and students.
Author : Roeland F. Bertrams
Publisher : Kluwer Law International B.V.
Page : 556 pages
File Size : 55,8 Mb
Release : 2013-01-06
Category : Law
ISBN : 9789041141309
For decades, this remarkable book – now in its updated fourth edition – has served practitioners in international trade and banking law as a thorough ‘codification’ of the law and practice of bank guarantees. The new edition has been thoroughly revised, updated, and amended in the light of new developments in the law and changing patterns in practice. Bertrams uses case law, arbitral decisions, and legal writing from five European jurisdictions – The Netherlands, Germany, France, Belgium, and England – to build an analysis of how the practical applications of bank guarantees have established a pattern of law. The new edition takes into account all legal and arbitral decisions and relevant legal writing through 2012 from these countries, as well from other European countries and the United States. Written from a transnational perspective, Bank Guarantees in International Trade can be used in both civil and common law jurisdictions and it has been cited as an authoritative source of case law in several jurisdictions from each system. With reference throughout to the effect and significance of the Uniform Rules for Demand Guarantees (URDG) of the International Chamber of Commerce, International Standby Practices (ISP), and the UNCITRAL Convention on Independent Guarantees and Stand-by Letters of Credit, the author continuously elucidates the way guarantees function in actual practice and the numerous practical aspects and issues to which they give rise. The analysis covers the following subjects and much else: types of guarantee (tender, performance, maintenance, repayment, retention); payment mechanisms (first demand, third-party documents, arbitral or court decision); risks and negotiations, drafting and clauses; bank guarantees as a financial service, the bank’s perspective; direct and indirect guarantees, counter-guarantees; formation, enforceability of expiry dates, assignment and transfer; demand for payment and the rule of strict compliance; fraud and restraining orders; applicable law and jurisdiction; reference to URDG 2010 revision and ISP98 throughout the text. In addition to his thorough coverage of law and legal writing, the author has drawn on intensive contacts with the banking community, construction firms, export credit insurance companies, and local lawyers. His insight into ‘the daily life’ of the world of independent (first demand) guarantees and the practices, difficulties, and peculiarities in a great number of countries and regions, including the Middle East and North Africa, cannot be matched in any other source. Bank guarantees can present major difficulties, and this book is the lawyer’s best guide in any situation likely to arise. As a comprehensive study of the legal and practical aspects of bank guarantees and standby letters of credit, it offers practitioners in international trade law the most complete analysis of banking law in the field. In its wealth of practical detail, it is unlikely to be surpassed.
Author : Paul Newman
Publisher : Jordans Pub
Page : 254 pages
File Size : 43,7 Mb
Release : 1999
Category : Law
ISBN : 0853084157
Bonds and guarantees are a vital element in any construction contract. Yet they are highly technical documents and must be drafted very carefully to avoid costly errors being made. This practical guide to negotiating and drafting bonds and guarantees provides commentary on their legal basis and sets out which form of security is most appropriate in a given set of circumstances. The book also gives advice on the tactics that should be employed to enforce the security. An invaluable reference for all construction lawyers, quantity surveyors, architects and construction project managers. Available on 28 days' approval.
Author : Karl Marxen
Publisher : Unknown
Page : 0 pages
File Size : 48,5 Mb
Release : 2018
Category : Bail
ISBN : 3845293152
Author : Patricia Hillebrandt,Will Hughes,John Murdoch
Publisher : Routledge
Page : 204 pages
File Size : 48,5 Mb
Release : 2002-11
Category : Architecture
ISBN : 9781135805586
Financial Protection in the UK Building Industry provides comprehensive treatment of an increasingly important but complex aspect of construction management. The term 'Financial Protection' refers to the various mechanisms by which funds are made available to ensure the due performance of a party's contractual obligations. This book looks at the legal and economic background to the problem of providing financial protection to clients to guard against poor performance and/or the insolvency of contractors, consultants and sub-contractors. The inclusion of practical guidance notes and summaries makes this a valuable guide for the construction professional as well as for the researcher.
Author : Garth Wooler
Publisher : Cambridge Scholars Publishing
Page : 292 pages
File Size : 41,6 Mb
Release : 2018-11-02
Category : Law
ISBN : 9781527520905
This book looks at the historical use of allegations of unconscionable conduct within the context of independent trade finance instruments, such as letters of credit and demand guarantees. It makes a detailed survey of the law of unconscionable conduct, the complexities of the doctrine of independence, and the circumstances where the former prevails to provide relief from abuse. It also completes a wide–ranging, sequential audit of the relevant case law in both Singapore and Australia where unconscionable conduct was alleged in independent instrument matters. The audit examines every case along the lines of precedent and details the contribution each makes to the law. Focussing on the jurisdictions of Singapore, Australia, and Malaysia, the book lays out the case for the broad adoption of unconscionable conduct in this domain. With its premises founded in precedent and statute, it describes the elements of independent instrument unconscionability as already laid down in law and links it to international banking practice.
Author : Jeremy Glover,Simon Hughes
Publisher : Sweet & Maxwell
Page : 528 pages
File Size : 54,9 Mb
Release : 2011
Category : Law
ISBN : 9780414044609
Providing an explanation of Internet law and regulation, this title addresses key areas of contention, such as copyright, cash transactions, product liability, advertising, defamation and data protection. It also includes coverage of the UK implementation of the E-Commerce Directive and the E-Signature Directive, and the Gambling Act 2005.
Author : Anthony Pierce
Publisher : Unknown
Page : 312 pages
File Size : 43,6 Mb
Release : 1993
Category : Law
ISBN : UOM:39015032820451
Provides a practical guide to the law relating to all forms of pollution arising on agricultural land. This book first reviews general environmental laws as they apply to agriculture, then describes the different forms of farm pollution, examining the relevant law for each one
Author : Claudio Franzetti
Publisher : Springer Nature
Page : 246 pages
File Size : 45,7 Mb
Release : 2021-05-07
Category : Business & Economics
ISBN : 9783030702854
Pricing of export credit is a challenge in the globalised world trade. Annual premia represent billions of euros or dollars and may determine competition. This book develops a rigorous new framework for pricing export credit products, e.g. buyer and supplier credit insurance and performance and working capital guarantees , based on well-known financial and actuarial theories. It introduces the products, the theories and the different data sources in order to apply the mathematical and financial ideas, e.g. discounting, risk-neutral valuation and Merton type defaults. It shows the differences of historical experience and implicit market pricing assumptions. The well-known OECD Arrangement is used as a benchmark for some part of the framework. Short code snippets in R are given in order to re-perform the results and have a basis to try own ideas. Many unprecedented exhibits give new insights into the subject matter. The book is targeted at practitioners and actuaries in the field with a good quantitative background.
Author : Jan H Dalhuisen
Publisher : Bloomsbury Publishing
Page : 531 pages
File Size : 40,9 Mb
Release : 2022-06-16
Category : Law
ISBN : 9781509949601
“... presents a very different case: that of a civilized and cultivated cosmopolitan legal scholar, with a keen sense of international commercial and financial practice, with an in-depth grounding in both comparative legal history and comparative law, combined with the ability to transcend conventional English black-letter law description with critical judgment towards institutional wisdom and intellectual fashions.” (International and Comparative Law Quarterly) Volume 5 of this new edition uses the insights developed in Volumes 3 and 4 to deal with financial products and financial services, the structure and operation of banking and of the capital markets, and the role of modern commercial and investment banks. Sections on products and services address the blockchain and its potential in the payment system, in securitisations, in the custodial holdings of investment securities, and in the derivative markets. The complete set in this magisterial work is made up of 6 volumes. Used independently, each volume allows the reader to delve into a particular topic. Alternatively, all volumes can be read together for a comprehensive overview of transnational comparative commercial, financial and trade law.