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International Commercial Litigation by Trevor C. Hartley Pdf
This is a carefully structured, practice-orientated textbook. The strong comparative component provides a thought-provoking international perspective, while at the same time allowing readers to gain unique insights into international commercial litigation in English courts.
International Commercial Litigation by Richard Fentiman Pdf
PART I: INTRODUCTION 1: Introduction PART II: LEGAL RISK AND MULTISTATE TRANSACTIONS 2: Managing Litigation Risk 3: Managing Transaction Risk PART III: LIABILITY AND RECOVERY IN MULTISTATE LITIGATION 4: The Dynamics of Choice of Law 5: The Laws Governing Multistate Transactions 6: The Laws Governing Recovery PART IV: COMMENCING AND PREVENTING PROCEEDINGS 7: Strategic Choices 8: The Framework of Jurisdiction 9: Establishing and Challenging Jurisdiction 10: Excluded Claims 11: Declining Jurisdiction: The European Regime 12: Declining Jurisdiction: The European Regime and Third States 13: Declining Jurisdiction: English National Law 14: Procedural Objections to Proceedings 15: Preclusive Proceedings 16: Restraining Foreign Proceedings PART V: EFFECTIVE ENFORCEMENT 17: Preseving Judgement Assets 18: Enforcing Judgement Debts PART VI: THE CONDUCT OF PROCEEDINGS 19: Procedure, Costs, and Evidence in Multistate Disputes 20: The Proof of Foreign Law.
International Commercial Disputes by Jonathan Hill,Adeline Chong Pdf
This is the fourth edition of this highly regarded work on the law of international commercial litigation as practised in the English courts. As such it is primarily concerned with how commercial disputes which have connections with more than one country are dealt with by the English courts. Much of the law which provides the framework for the resolution of such disputes is derived from international instruments, including recent Conventions and Regulations which have significantly re-shaped the law in the European Union. The scope and impact of these European instruments is fully explained and assessed in this new edition. The work is organised in four parts. The first part considers the jurisdiction of the English courts and the recognition and enforcement in England of judgments granted by the courts of other countries. This part of the work, which involves analysis of both the Brussels I Regulation and the so-called traditional rules, includes chapters dealing with jurisdiction in personam and in rem, anti-suit injunctions and provisional measures. The work's second part focuses on the rules which determine whether English law or the law of another country is applicable to a given situation. The part includes a discussion of choice of law in contract and tort, with particular attention being devoted to the recent Rome I and Rome II Regulations. The third part of the work includes three new chapters on international aspects of insolvency (in particular, under the EC Insolvency Regulation) and the final part focuses on an analysis of legal aspects of international commercial arbitration. In particular, this part examines: the powers of the English courts to support or supervise an arbitration; the effect of an arbitration agreement on the jurisdiction of the English courts; the law which governs an arbitration agreement and the parties' dispute; and the recognition and enforcement of foreign arbitration awards.
International Commercial Litigation by Stephen Cromie Pdf
Park and Cromie: International Commercial Litigation focuses on national commercial litigation in its international context. England and Wales, USA, France, Germany, Switzerland, Japan, Australia and Canada are all covered, with the book being structured in such a way that the procedural and substantive law of each country is covered in equal depth. A team of international contributors analyses the factors which must be taken into consideration in choosing the forum and how to proceed after that choice has been made. The conduct of simultaneous proceedings in the various countries and how decisions may be enforced in the light of relevant bilateral and multilateral conventions (in particular the Brussels, Lugano and Hague Conventions) are also covered.
Keang Sood Teo,National University of Singapore. Faculty of Law
Author : Keang Sood Teo,National University of Singapore. Faculty of Law Publisher : Faculty of Law National University of Singapore Page : 668 pages File Size : 43,9 Mb Release : 1997 Category : Business & Economics ISBN : STANFORD:36105060708794
International Commercial Dispute Resolution by Jonathan Warne Pdf
The world of dispute resolution made clear International Commercial Dispute Resolution is a new title that reflects the way in which the litigation arena has changed over recent years. Cross-border business relationships and the present economic climate have markedly increased the potential for commercial disputes to arise between parties in different jurisdictions, and clients are increasingly looking for the most time and cost effective way of resolving disputes. Expert advice from leading practitioners in 24 jurisdictions With contributions from leading practitioners, this practical book looks at dispute resolution in 24 jurisdictions that represent the world s major international trade centres and developing legal systems. User-friendly and practical structure Each chapter is devoted to a different jurisdiction and follows the same structure. It provides a practical summary of the relevant legal systems and offers an insight into the manner in which each jurisdiction seeks to resolve commercial disputes, both through traditional court proceedings and alternative dispute resolution techniques Written by leading local practitioners, each chapter opens with a round-up of the key issues that you will need to consider when dealing with this country, and includes flowcharts summarising the procedural stages of litigation This book is an essential addition to the bookshelf of every international litigator 5 key reasons why you need this book * Covers 24 key jurisdictions throughout the world * Provides an authoritative overview from leading local practitioners * Includes flow charts summarising the procedural stages of litigation * Highlights the key issues that must be considered when dealing with each jurisdiction * Covers traditional court proceedings and alternative dispute resolution techniques 24 jurisdictions covered- Australia; Bermuda; Brazil; Canada; Cayman Islands; China; Czech Republic; England & Wales; France; Germany; Guernsey; Hong Kong; India; Japan; Je
Julian D. M. Lew,Loukas A. Mistelis,Stefan Michael Kröll,Stefan Kröll
Author : Julian D. M. Lew,Loukas A. Mistelis,Stefan Michael Kröll,Stefan Kröll Publisher : Kluwer Law International B.V. Page : 994 pages File Size : 46,7 Mb Release : 2003-01-01 Category : Law ISBN : 9789041115683
Comparative International Commercial Arbitration by Julian D. M. Lew,Loukas A. Mistelis,Stefan Michael Kröll,Stefan Kröll Pdf
This treatise describes the practice of international commercial arbitration with reference to the major international treaties and instruments, arbitration rules and national laws. It provides an analysis of the interaction between party autonomy and arbitration practice.
International Commercial Arbitration by Franco Ferrari,Friedrich Rosenfeld,John Fellas Pdf
This indispensable book offers a concise comparative introduction to international commercial arbitration (ICA). With reference to recent case law from leading jurisdictions and up-to-date rules revisions, International Commercial Arbitration offers a thorough overview of the issues raised in arbitration, from the time of drafting of the arbitration clause to the rendering of the arbitral award and the post-award stage.
Mediation in International Commercial and Investment Disputes by Catharine Titi,Katia Fach Gomez Pdf
Until now, the resolution of international commercial and investment disputes has been dominated almost exclusively by international arbitration. But that is changing. Whilst they may be complementary mechanisms, international mediation and conciliation are now coming to the fore. Mediation rules that were in disuse gather momentum, and dispute settlement centres are introducing new mediation rules. The European Union is encouraging international mediation in both the commercial and investment spheres. The 2019 Singapore Mediation Convention of the United Nations Commission on International Trade Law (UNCITRAL) is aiming to ensure enforcement of international commercial settlement agreements resulting from mediation. The first investor-State disputes are mediated under the International Bar Association (IBA) rules. The International Centre for Settlement of Investment Disputes (ICSID)'s conciliation mechanism is resorted to more often than in the past. The International Chamber of Commerce (ICC) has recently administered its first mediation case based on a bilateral investment treaty, and a new training market on mediation is flourishing. Mediation in Commercial and Investment Disputes brings together a line-up of outstanding, highly-qualified experts from academia, mediation and arbitration institutions, and international legal practice, to address this highly topical, complex subject from a variety of angles.
International Arbitration and International Commercial Law by Stefan Kröll Pdf
Over the last half-century, as UNCITRAL official, professor, arbitrator and father of the Willem C. Vis Arbitration Moot, Eric Bergsten has been at the forefront of progress in international commercial arbitration. Now, on the occasion of his eightieth birthday, the international arbitration and sales law community has gathered to honour him with this substantial collection of new essays on the many facets of the field to which he continues to bring his intellect, integrity, inquisitive nature, eye for detail, precision, and commitment to public service. Celebrating the long-standing and sustained contribution Eric Bergsten has made in international commercial law, international arbitration, and legal education, more than fifty colleagues – among them quite a few of the best-known arbitrators and arbitration academics in the world – present 45 pieces that, individually both engaging and incisive, collectively present a thorough and far-reaching account of the state of the field today, with contributions covering international sales law, commercial law, commercial arbitration, and investment arbitration. In addition, nine essays on issues in legal education mirror the great importance of the renowned Willem C. Vis International Commercial Arbitration Moot, Eric’s Vienna project which has offered a life-changing experience for so many young lawyers from all over the world.
Non-State Rules in International Commercial Law by Johanna Hoekstra Pdf
The book provides a comprehensive analysis of non-state rules in international commercial law. Having established what they are and how their legal authority can be measured, it looks at their application in courts and establishes benchmarks against which the legal authority of non-state rules can be measured.
