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Author : Franco Ferrari
Publisher : Unknown
Page : 679 pages
File Size : 45,6 Mb
Release : 2017
Category : Arbitration and award
ISBN : 194482507X
Author : José R. Mata Dona,Nikos Lavranos
Publisher : Edward Elgar Publishing
Page : 643 pages
File Size : 49,9 Mb
Release : 2021-03-26
Category : Law
ISBN : 9781788974004
This book examines the intersection of EU law and international arbitration based on the experience of leading practitioners in both commercial and investment treaty arbitration law. It expertly illustrates the depth and breadth of EU law’s impact on party autonomy and on the margin of appreciation available to arbitral tribunals.
Author : Chukwudi Ojiegbe
Publisher : Edward Elgar Publishing
Page : 320 pages
File Size : 44,7 Mb
Release : 2020-11-27
Category : Law
ISBN : 9781800375437
This illuminating book contributes to knowledge on the impact of Brexit on international commercial arbitration in the EU. Entering the fray at a critical watershed in the EU’s history, Chukwudi Ojiegbe turns to the interaction of court litigation and international commercial arbitration, offering crucial insights into the future of EU law in these fields.
Author : Konstanze von Papp
Publisher : Bloomsbury Publishing
Page : 208 pages
File Size : 46,5 Mb
Release : 2021-04-08
Category : Law
ISBN : 9781509931187
This timely book addresses the main areas of tension between EU law and international arbitration, looking at both commercial and investment treaty arbitration. It opens pathways for practical solutions based on communication between the different regimes. At the same time, it offers a sound theoretical basis that allows for addressing the core problem as normative conflict between legitimate public interests and the 'privatisation of justice'. The book is divided into five parts. It introduces key aspects of the overall tension between EU law and international arbitration, before setting out the theoretical framework that understands EU law, international commercial arbitration, and investment treaty arbitration as closed regimes. The author then addresses the core problem of finding the limits to contracting out of the EU legal regime, both on a jurisdictional and a substantive level. This is then linked to the question of trust-building in legal outcomes of the relevant regimes. The book concludes with a short summary and key theses. Combining a theoretical and normative with a more pragmatic approach to very topical issues, this book offers invaluable insights for academics and practitioners, private and public, commercial and investment treaty lawyers alike.
Author : Jan Engelmann
Publisher : Springer
Page : 253 pages
File Size : 40,5 Mb
Release : 2017-02-07
Category : Law
ISBN : 9783319474496
This book investigates the tensions between EU law and international commercial arbitration, i.e. tensions between two phenomena at opposite ends of the public to private ordering continuum. It focuses on the Commercial Agents Directive’s regime for indemnity and compensation as one of the most frequent source of these tensions. To mitigate the consequential problems, the book proposes and describes a comprehensive framework for a preferable system of reviewing arbitration agreements and arbitral awards. To this end, it explores the prerequisites of this system through comparative legal analysis of the German, Belgian, French and English systems of review, an assessment of the observable aspects of arbitral practice, game theoretical analysis of the arbitral process, and microeconomic analysis of the cross-border market for commercial agency.
Author : Vesna Lazić,Steven Stuij
Publisher : Springer
Page : 127 pages
File Size : 53,7 Mb
Release : 2018-07-26
Category : Law
ISBN : 9789462652521
The contributions in this book cover a wide range of topics within modern disputeresolution, which can be summarised as follows: harmonisation, enforcement andalternative dispute resolution. In particular, it looks into the impact of harmonisedEU law on national rules of civil procedure and addresses the lack of harmonisationin the US regarding the recognition and enforcement of foreign judgments. Furthermore,the law on enforcement is examined, not only by focusing on US law, but also onhow to attach assets in order to enforce a judgment. Finally, it addresses certain typesof alternative dispute resolution. In addition, the book looks into the systems andcultures of dispute resolution in several regions of the world, such as the EU, the US andChina, that have a high impact on globalisation. Hence, the book is diverse in the senseof dealing with multiple issues in the field of modern dispute resolution./div The book offers explorations of the impact of international rules and EU law on domesticcivil procedure, through case studies from, among others, the US, China, Belgium andthe Netherlands. The relevance of EU law for the national debate and its impact on theregulation of civil procedure is also considered. Furthermore, several contributions discussthe necessity and possibility of harmonisation in the emergency arbitrator mechanisms inthe EU. The harmonisation of private international law rules within the EU, particularlythose of a procedural nature, is juxtaposed to the lack thereof in the US. Also, the bookoffers an overview of the current dispute settlement mechanisms in China. The publication is primarily meant for legal academics in private international law andcivil procedure. It will also prove useful to practitioners regularly engaged in cross-borderdispute resolution and will be of added value to advanced students, as well as to those withan interest in international litigation and more generally in the area of dispute resolution. Vesna Lazić is Senior Researcher at the T.M.C. Asser Institute, Associate Professor ofPrivate Law at Utrecht University and Professor of European Civil Procedure at theUniversity of Rijeka. Steven Stuij is an expert in Private International Law and a PhD Candidate/GuestResearcher at the Erasmus School of Law, Rotterdam. Ton Jongbloed is Guest Editor on this volume./div
Author : Louise Hauberg Wilhelmsen
Publisher : Edward Elgar Publishing
Page : 288 pages
File Size : 45,6 Mb
Release : 2018-04-27
Category : Law
ISBN : 9781788115056
The Brussels I Regulation, which ensures the free circulation of judgments within the EU, was recently revised; one of the main issues addressed was whether the Regulation affects the efficient resolution of international commercial disputes through arbitration within the Union. This book provides an in depth examination of the interface between the Regulation and international commercial arbitration. The author demonstrates that the consequences of this interface can encourage the use of delaying tactics, hampering the efficient resolution of international disputes.
Author : Michael De Boeck
Publisher : BRILL
Page : 525 pages
File Size : 50,7 Mb
Release : 2022-07-04
Category : Law
ISBN : 9789004501652
EU Law and International Investment Arbitration thoroughly examines the compatibility of ISDS provisions in extra-EU BITs and the Energy Charter Treaty with the autonomy of EU law, and is a must read for all magistrates and investment practitioners involved in investment arbitrations in or with the EU, as well as for academics interested in the participation of the EU to international dispute resolution or the constitutional construction of the EU judicial system.
Author : Crina Baltag,Ana Stanič
Publisher : Kluwer Law International B.V.
Page : 352 pages
File Size : 48,8 Mb
Release : 2020-07-16
Category : Law
ISBN : 9789403512815
In March 2018, the Court of Justice of the European Union (EU) ruled in Achmea that investor-state dispute resolution provisions in intra-EU bilateral investment treaties (BITs) are incompatible with EU law and ipso facto invalid. In January 2019, EU Member States issued Declarations on the Legal Consequences of the Judgment in Achmea undertaking to take steps formally to terminate intra-EU BITs. However, at present, there is no consensus among them on the implications of Achmea on the Energy Charter Treaty, the multilateral energy treaty to which the EU and its Member States are all parties. Many EU law scholars consider the Achmea judgment as the death knell to intra-EU investment treaty arbitrations. Some have even predicted the end of Investor-State Dispute Settlement itself. Investment treaty and public international law scholars and legal practitioners, however, have a different view of the schism now growing between EU and international law. The Future of Investment Treaty Arbitration in the EU examines the current and the proposed new framework for investment protection in the EU and internationally, with a particular focus on investment treaty arbitration and energy-related investments. With contributions from leading academics and practitioners, the book addresses the following themes: Intra-EU investment protection and the rule of law, including the proposed Multilateral Investment Court. The original purpose and features of investment protection, with particular focus on the EU. The Achmea judgment and its impact on the Energy Charter Treaty and energy investments. The ongoing discussion to modernize the Energy Charter Treaty post-Achmea. EU state aid and investment arbitral awards. Recognition and enforcement of investment arbitral awards post-Achmea in EU Member States, including in the light of Brexit. Recognition and enforcement of investment arbitral awards post-Achmea in China, Singapore, Switzerland and the United States. This eminently informative book is very timely given the ongoing debate taking place in the EU and internationally regarding the interrelationship between investment treaty arbitration, public international law and EU law. The contributions from leading academics, scholars and European Commission officials provide a balanced, contextualized, detailed and critical analysis that will aid interested stakeholders to navigate their way with confidence through this difficult and changing area of the law. Testimonial: ”...is a welcome addition to the already vast literature focusing on EU investment arbitration. Perhaps the main merit of the book is that it brings together different perspectives on the debates ensuing in this field, offering the reader both the EU perspective and that of public international/investment lawyers. As such, it harmoniously integrates those - sometimes conflicting - views and is a great starting point for anyone unfamiliar with the subject (while also being of relevance to practitioners and academics with a knowledge of intra-EU investment arbitration), allowing the reader to gain an in-depth and fully comprehensive understanding of the legal problems raised in this area.” Alexandros-Catalin Bakos (LL.M) Editor, Revista Româna de Arbitraj / Volume 54, Issue 3/2020, p183-194
Author : Nicolas Nord,Gustavo Cerqueira
Publisher : Springer
Page : 154 pages
File Size : 47,6 Mb
Release : 2017-04-19
Category : Law
ISBN : 9783319540368
This book provides an in-depth study of Private International Law reasoning in the field of international sale of goods contracts. It connects the dots between European and Chinese law and offers an unprecedented transversal and comparative legal study on the matter. Its main purpose is to identify the consequences of European rules on Chinese companies and vice versa. The first part addresses the conflict of jurisdiction and conflict of law rules, while the second part discusses in detail the practical importance and the impact of arbitration, which is becoming more common thanks to its flexibility. The third part focuses on the Vienna Convention on Contracts for the International Sale of Goods and the Unidroit Principles of International Commercial Contracts and carefully analyses their use. The final part examines contracts involving consumers.
Author : Petar Sarcevic
Publisher : BRILL
Page : 272 pages
File Size : 55,8 Mb
Release : 1989-01-01
Category : Law
ISBN : 0860107051
In the light of the considerable reliance placed by the international business community on systems of dispute settlement, this work gathers together contributions (in French & English) by experts from a wide range of specialisations. They successfully address the regulation & practice of arbitration in the Arab World, assessing the contribution of European & American legislation & the impact of the UNCITRAL model law. The contributions by eminent legal practitioners, academics, members of government & judiciary, reflect also upon current developments. The volume publishes the proceedings of the third Euro-Arab Congress held in Amman, October 1989; the second volume Euro-Arab Arbitration II was published in 1989 by Graham & Trotman.
Author : Franco Ferrari,Friedrich Rosenfeld,John Fellas
Publisher : Edward Elgar Publishing
Page : 288 pages
File Size : 43,5 Mb
Release : 2021-06-25
Category : Law
ISBN : 9781800882799
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.
Author : Zheng Sophia Tang
Publisher : Routledge
Page : 312 pages
File Size : 42,8 Mb
Release : 2014-02-05
Category : Law
ISBN : 9781136013447
Arbitration and jurisdiction agreements are frequently used in transnational commercial contracts to reduce risk, gain efficacy and acquire certainty and predictability. Because of the similarities between these two types of procedural autonomy agreements, they are often treated in a similar way by courts and practitioners. This book offers a comprehensive study of the prerequisites, effectiveness, and enforcement of exclusive jurisdiction and arbitration agreements in international dispute resolution. It examines whether jurisdiction and arbitration clauses have identical effects in private international law and whether they have been or should be given the same treatment by most countries in the world. By comparing the treatment of these clauses in the US, China, UK and EU, Zheng Sophia Tang demonstrates how, in practice, exclusive jurisdiction and arbitration agreements are enforced. The book considers whether the Hague Convention on Choice of Court Agreements could be treated as a litigating counterpart to the New York Convention, and whether it could work successfully to facilitate judicial cooperation and party autonomy in international commerce. This book breaks new ground in combining updated materials in EU, US and UK law with unique resources on Chinese law and practice. It will be valuable for academics and practitioners working in the field of private international law and international arbitration.
Author : Bjorn Arp,Rodrigo Polanco
Publisher : Kluwer Law International B.V.
Page : 324 pages
File Size : 55,9 Mb
Release : 2022-07-06
Category : Law
ISBN : 9789403546933
Numerous developments across the world in recent years bear witness to States’ increasing skepticism about the benefits of international cooperation and the efficiency of international economic law understood as a multilateral set of rules equally binding on all States. This timely book reviews situations where this new economic nationalism may impact the way arbitration—in both commercial and investment disputes—is practiced. Distinguished international arbitrators and academic experts analyze a wide array of topics, covering a broad spectrum of juristic traditions, geographic areas, foreign investment protection laws, and dispute resolution mechanisms and issues. Topics covered include the following: evolution of the definitions of arbitrable standards; amendments to procedural rules; States’ policy choices as reflected in recent investment treaties; procedural trends to restrict access to investment arbitration; the effects of the Achmea decision in the European Union; growing use of the public policy exception; dispute settlement of public-private partnership agreements; and diversification of dispute resolution methods (e.g., business courts). An important feature of the book is the ability it offers to compare various contemporary transformations of dispute settlement mechanisms, with attention to developments in a number of jurisdictions including the United States, the European Union, China, Canada, Switzerland, Turkey, and the Latin American countries. With its comprehensive analysis of how economic nationalism may lead to limiting the jurisdictional, procedural, and substantive scope of arbitration, the authors underscore the crucial importance of a robust system of international arbitration of economic disputes to ensure a stable and secure world order. The global coverage of the contributions and the insightful views offered in them speak eloquently about their usefulness and outreach for arbitration practitioners and scholars, as well as for professionals involved in drafting policies for economic development or in the negotiation of investment agreements.
Author : George P. Gilligan,Stefan N. Frommel,Barry Alexander K. Rider
Publisher : Unknown
Page : 0 pages
File Size : 42,7 Mb
Release : 1999
Category : Business & Economics
ISBN : 9041196706
The effect of the significant changes in tax law at domestic, European, and international levels on investment funds, an important part of global financial services, creates a complex environment for practitioners and a source of debate for academics and policymakers. This is the first book to provide a comprehensive legal and practical analysis of the changes to the complex multilevel tax and regulatory framework concerning different types of investment funds. The contributions, updated as of late 2017, were originally presented at a conference held at the University of Luxembourg in November 2016 under the auspices of the ATOZ Chair for European and International Taxation. The book covers the central questions arising in national law and tax policy, explores the regulatory and tax framework of the European Union (EU), and discusses the multifaceted interactions of both national and EU law with bilateral tax treaties. Through fourteen chapters following a brief introduction, leading academic experts and practising specialists provide decisive insight into: - the regulatory regime for European investment funds; - the tax law and reforms in both Luxembourg and Germany; - the role of the European Commission's State-aid practices; - examples of case law concerning the application of non-discrimination rules to various investment vehicles; - the impact of tax-specific EU legislation, such as the Parent-Subsidiary Directive, the Tax Merger Directive, and the Anti-Tax Avoidance Directive; - the availability of tax treaty protection for different collective and non-collective investment funds; - the impact of base erosion and profit shifting (BEPS) developments on the taxation of cross-border investments; - the value-added tax (VAT) treatment of investment funds and their managers; and - the consequences of the global drive towards automatic exchange of information relating to existing cross-border investment structures. With its particular focus on Luxembourg - the leading centre for investment funds in Europe (and second only to the United States globally) and, thus, an instructive model for domestic-level investment fund regulation and taxation - this volume reveals the common issues that arise in virtually every other jurisdiction with a sizeable fund industry. As the first in-depth treatment of the globally significant nexus between investment funds and taxation, the book will prove valuable to policymakers, practitioners, and academics in both financial services and tax law.
