Overriding Mandatory Rules In International Commercial Disputes
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Overriding Mandatory Rules in International Commercial Arbitration by Hossein Fazilatfar Pdf
Overriding Mandatory Rules in International Commercial Arbitration discusses the applicability of mandatory rules of law in international commercial arbitration and addresses the concerns of the arbitrators and judges at various stages of arbitration and the enforcement of the award.
Overriding Mandatory Rules in International Commercial Disputes by Min Kyung Kim Pdf
This open access book analyses how to identify and treat overriding mandatory rules in international commercial litigation and arbitration from a Korean and comparative law perspective. In addition to providing a deeper understanding of the concept of overriding mandatory rules and setting out standards and factors to identify such rules, the book provides a solution to the problems that third-country mandatory provisions pose in international commercial disputes. The chapters examine the jurisprudence of the European Court of Justice under the Rome Convention and the Rome I Regulation, Swiss IPRG, and German and English law to help interpret and propose an amendment to the Korean Act on Private International Law. The book also establishes tests to identify the overriding mandatory character and then empirically applies them to assess various provisions in 10 different Acts in Korea. Furthermore, the book provides a 'balancing interest test' for third-country mandatory rules and suggests a new provision that harmonises the conflicting interests of the parties, the forum country, the third country, and at a multi-lateral level. It also explores the arbitrability of disputes in relation to overriding mandatory rules, the validity of an arbitration agreement, the extent to which overriding mandatory rules should apply, and whether the national courts can refuse enforcement of or revoke arbitral awards which did not apply/consider overriding mandatory rules. This book is an invaluable resource to legal practitioners, judges, arbitrators in international commercial dispute resolution, researchers in private international law, and parties to international commercial contracts. Winner of the 16th Simdang Academic Prize 2023. Min Kyung Kim is the second-youngest recipient of the prestigious award and it is the first time that the prize has been awarded to a PhD thesis. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.
Conflict of Laws in International Arbitration by Franco Ferrari,Stefan Kröll Pdf
Irrespective of the increasing harmonization of law at the transnational level, every arbitration raises a number of confl ict of laws problems relating to procedural questions as well as to issues concerning the merits of the case. Unlike a state court judge, the arbitrator has no "lex fori" in the proper sense providing the relevant confl ict rules to determine the applicable law. This raises the question of what confl ict of laws rules to apply and, consequently, of the extent of the freedom the arbitrator enjoys in dealing with this and related issues. The best example of the importance of confl ict of laws questions in arbitration is the Vivendi-Elektrim saga where the outcome of the various proceedings depended on the question of characterization. This very beneficial book is dealing with - the arbitration agreement, - the jurisdiction of the arbitral tribunal, - the law applicable to the merits and - the arbitration procedure.
International Commercial Contracts by Giuditta Cordero-Moss Pdf
Any practising lawyer and student working with international commercial contracts faces standardised contracts and international arbitration as mechanisms for dispute settlement. Transnational rules may be applicable, but national law is still important. Based on extensive practical experience, this book analyses international contract practice and its interaction with the various applicable sources: which role is played by the contractual regulation, which by national law, which by transnational sources, what is the interaction among these factors, and how does this all apply to contracts that refer disputes to international arbitration?
Yearbook of Private International Law by Petar Sarcevic,Paul Volken Pdf
From 2005 on the Yearbook of Private International Law is published by S.ELP in cooperation with the Swiss Institute of Comparative Law. This English-language annual publication provides analysis and information on private international law developments world-wide. The Editors commission articles of enduring importance concerning the most significant trends in the field. The Yearbook also devotes attention to the important work and research carried out in the context of the Hague Conference, The Hague Academy, UNCITRAL and UNIDROIT. The authority of the editors and the lasting nature of the works included make the Yearbook an integral addition to the libraries of international law scholars and practitioners.
The Function of Equity in International Law by Catharine Titi Pdf
This book provides a systematic and comprehensive study of the legal concept of equity as it operates in contemporary international law. A principle with a long pedigree, equity has been present in legal thought and in municipal legal systems since antiquity. Introduced in international legal decisions through claims commissions and arbitral tribunals, equity became progressively part and parcel of the international law mainstream. From international cultural heritage law to the law on climate change, from maritime boundary delimitations to decisions on security for costs in investment arbitration, the relevance of equity is more far-reaching than has previously been acknowledged. In contrast with earlier studies on the topic, this book is informed by a body of judicial and arbitral case law that has never been so substantial and varied. It also draws extensively on the prolific case law of investment tribunals, gaining insights from a valuable source that is typically overlooked in public international law scholarship. As the importance of international law increases, covering continuously new domains, the value of equity increases with it. It is this new equity in the international law of the 21st century that this book explores.
Author : George A. Bermann,Loukas A. Mistelis Publisher : Juris Publishing, Inc. Page : 0 pages File Size : 41,9 Mb Release : 2011 Category : Arbitration and award, International ISBN : 1933833661
Mandatory Rules in International Arbitration by George A. Bermann,Loukas A. Mistelis Pdf
"...[papers] originally presented at a colloquium on Mandatory rules of law in international arbitration held at Columbia Law School in June 2007 and organized by Professor George A. Bermann of Columbia Law School and Professor Loukas A. Mistelis of the School of International Arbitration, Queen Mary University of London" -- P. vii.
EU Law and Private International Law by Jan-Jaap Kuipers Pdf
The Rome I Regulation on the Law Applicable to Contractual Obligations has unified the conflict of laws rules of the Member States. The influence of the European Union upon Private International Law goes beyond positive harmonisation however. There is a certain tension between European law and PIL. European law is concerned with whether the imposition of a rule constitutes a restriction to the internal market whereas PIL does not seek to neutralise the disadvantages that result from differences between national laws but instead tries to locate the geographical centre of the legal relationship. The present book attempts to identify the methodological disharmony between the two legal disciplines in the regulation of cross border contracts and proposes suggestions to enhance their mutual understanding.
International Arbitration: Law and Practice in Switzerland by Gabrielle Kaufmann-Kohler,Antonio Rigozzi Pdf
This third edition, and the first in English, of the globally-cited Arbitrage International-Droit et Pratique à la Lumière de la LDIP, provides complete guidance on arbitration law and practice relating to Switzerland from two of the leading authorities on Swiss practice.
Arbitration and International Trade in the Arab Countries by Nathalie Najjar Pdf
Arbitration and International Trade in the Arab Countries examines international trade arbitration in the MENA region and analyses legal sources, decisions and practices through the prism of freedom and safety requirements. The work is an essential guide to the body of arbitration law at both the practical and theoretical levels.
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.
Choice of Law in International Commercial Contracts by Oxford Editor Pdf
This global study provides a definitive reference guide to the key choice of law principles on international contracts, including 60 national and regional reports written by experts from all parts of the world, and a dedicated commentary on the Hague Principles as applied to international commercial arbitration.
When Private International Law Meets Intellectual Property Law by World Intellectual Property Organization Pdf
Co-published by WIPO and the Hague Conference on Private International Law, this guide is a pragmatic tool, written by judges, for judges, examining how private international law operates in intellectual property (IP) matters. Using illustrative references to selected international and regional instruments and national laws, the guide aims to help judges apply the laws of their own jurisdiction, supported by an awareness of key issues concerning jurisdiction of the courts, applicable law, the recognition and enforcement of judgments, and judicial cooperation in cross-border IP disputes.
Party Autonomy in Private International Law by Alex Mills Pdf
Provides an unprecedented historical, theoretical and comparative analysis and appraisal of party autonomy in private international law. These issues are of great practical importance to any lawyer dealing with cross-border legal relationships, and great theoretical importance to a wide range of scholars interested in law and globalisation.
