2 Parallel Proceedings

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Parallel Proceedings in International Arbitration

Author : Nadja Erk
Publisher :
ISBN 13 : 9789041152640
Total Pages : 318 pages
Book Rating : 4.1/5 (526 download)

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Book Synopsis Parallel Proceedings in International Arbitration by : Nadja Erk

Download or read book Parallel Proceedings in International Arbitration written by Nadja Erk and published by . This book was released on 2014 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book depicts and evaluates, in a European context, the pleas and actions which parties may make use of to dissolve the parallel jurisdiction of a national court and an arbitral tribunal. The author undertakes a thorough comparative analysis of the motivations for, and practice of, such pleas and actions with special regard to the major hubs where elaborate arbitration laws are tried and tested by the arbitration community - Germany, France, Switzerland, and England. 0On the basis of four scenarios of parallel proceedings before national courts and arbitral tribunals, the analysis tackles such issues and topics as the following: motivations for initiating parallel proceedings from the various parties' perspectives; remedies available to parties in situations of jurisdictional conflicts; effect of the principle of competence-competence on national courts' review of arbitration agreements; pleas restricting national courts' exercise of jurisdiction to a review of core principles (arbitration defence); self-restraining pleas independent of an arbitration agreement (plea of litispendence); actions for declaratory relief; actions aimed at restraining another court's or tribunal's jurisdiction (anti-suit/anti-arbitration injunctions); pleas invoked to avoid procedural inefficiencies and inconsistencies (plea of res judicata); counsel's duty of care and arbitral tribunal's mandate to issue an enforceable award; and litigation culture versus arbitration-friendliness.

Practitioner's Guide to Global Investigations

Author : Judith Seddon
Publisher : Law Business Research Ltd.
ISBN 13 : 1912377837
Total Pages : 987 pages
Book Rating : 4.9/5 (123 download)

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Book Synopsis Practitioner's Guide to Global Investigations by : Judith Seddon

Download or read book Practitioner's Guide to Global Investigations written by Judith Seddon and published by Law Business Research Ltd.. This book was released on 2018-01-19 with total page 987 pages. Available in PDF, EPUB and Kindle. Book excerpt: There's never been a greater likelihood a company and its key people will become embroiled in a cross-border investigation. But emerging unscarred is a challenge. Local laws and procedures on corporate offences differ extensively - and can be contradictory. To extricate oneself with minimal cost requires a nuanced ability to blend understanding of the local law with the wider dimension and, in particular, to understand where the different countries showing an interest will differ in approach, expectations or conclusions. Against this backdrop, GIR has published the second edition of The Practitioner's Guide to Global Investigation. The book is divided into two parts with chapters written exclusively by leading names in the field. Using US and UK practice and procedure, Part I tracks the development of a serious allegation (whether originating inside or outside a company) - looking at the key risks that arise and the challenges it poses, along with the opportunities for its resolution. It offers expert insight into fact-gathering (including document preservation and collection, witness interviews); structuring the investigation (the complexities of cross-border privilege issues); and strategising effectively to resolve cross-border probes and manage corporate reputation.Part II features detailed comparable surveys of the relevant law and practice in jurisdictions that build on many of the vital issues pinpointed in Part I.

United States Attorneys' Manual

Author : United States. Department of Justice
Publisher :
ISBN 13 :
Total Pages : 720 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis United States Attorneys' Manual by : United States. Department of Justice

Download or read book United States Attorneys' Manual written by United States. Department of Justice and published by . This book was released on 1985 with total page 720 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Matthew Bender Practice Guide

Author : Charles Crompton
Publisher :
ISBN 13 : 9780820558714
Total Pages : pages
Book Rating : 4.5/5 (587 download)

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Book Synopsis Matthew Bender Practice Guide by : Charles Crompton

Download or read book Matthew Bender Practice Guide written by Charles Crompton and published by . This book was released on 2005-01 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Ne Bis in Idem in EU Law

Author : Bas van Bockel
Publisher : Cambridge University Press
ISBN 13 : 1107087066
Total Pages : 263 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Ne Bis in Idem in EU Law by : Bas van Bockel

Download or read book Ne Bis in Idem in EU Law written by Bas van Bockel and published by Cambridge University Press. This book was released on 2016-11-10 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study, written by distinguished scholars in their respective fields, addresses the application and interpretation of the ne bis in idem principle in EU law.

Complex Arbitrations

Author : Bernard Hanotiau
Publisher : Kluwer Law International B.V.
ISBN 13 : 904112442X
Total Pages : 414 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Complex Arbitrations by : Bernard Hanotiau

Download or read book Complex Arbitrations written by Bernard Hanotiau and published by Kluwer Law International B.V.. This book was released on 2005-01-01 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides an analysis of the issues arising from multiparty-multicontract arbitrations, including those involving States and groups of companies. This work analyses theories on the basis of which courts and arbitral tribunals determine who are parties to the arbitration clause; and whether an arbitration clause may be extended to non-signatories.

The Backlash Against Investment Arbitration

Author : Michael Waibel
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041132023
Total Pages : 674 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The Backlash Against Investment Arbitration by : Michael Waibel

Download or read book The Backlash Against Investment Arbitration written by Michael Waibel and published by Kluwer Law International B.V.. This book was released on 2010-01-01 with total page 674 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book, the outgrowth of a conference organized by the editors at Harvard Law School on April 19, 2008, aims to uncover the drivers behind the backlash against the current international investment regime."--Library of Congress Online Calalog.

Arbitration in Switzerland

Author : Dr. Manuel Arroyo
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041192743
Total Pages : 2862 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Arbitration in Switzerland by : Dr. Manuel Arroyo

Download or read book Arbitration in Switzerland written by Dr. Manuel Arroyo and published by Kluwer Law International B.V.. This book was released on 2018-08-06 with total page 2862 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration in Switzerland

Civil Trials Bench Book

Author :
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (225 download)

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Book Synopsis Civil Trials Bench Book by :

Download or read book Civil Trials Bench Book written by and published by . This book was released on 2007 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides guidance for judicial officer in the conduct of civil proceedings, from preliminary matters to the conduct of final proceedings and the assessment of damages and costs. It contains concise statements of relevant legal principles, references to legislation, sample orders for judicial official to use where suitable and checklists applicable to various kinds of issues that arise in the course of managing and conducting civil litigation.

Shareholders' Claims for Reflective Loss in International Investment Law

Author : Lukas Vanhonnaeker
Publisher : Cambridge University Press
ISBN 13 : 9781108746526
Total Pages : 0 pages
Book Rating : 4.7/5 (465 download)

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Book Synopsis Shareholders' Claims for Reflective Loss in International Investment Law by : Lukas Vanhonnaeker

Download or read book Shareholders' Claims for Reflective Loss in International Investment Law written by Lukas Vanhonnaeker and published by Cambridge University Press. This book was released on 2022-08-11 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, investor-state tribunals have often permitted shareholders' claims for reflective loss despite the well-established principle of no reflective loss applied consistently in domestic regimes and in other fields of international law. Investment tribunals have justified their decisions by relying on definitions of 'investment' in investment agreements that often include 'shares', while the no-reflective-loss principle is generally justified on the basis of policy considerations pertaining to the preservation of the efficiency of the adjudicatory process and to the protection of other stakeholders, such as creditors. Although these policy considerations militating for the prohibition of shareholders' claims for reflective loss also apply in investor-state arbitration, they are curable in that context and must be balanced with policy considerations specific to the field of international investment law that weigh in favor of such claims: the protection of foreign investors in order to promote trade and investment liberalization.

Building International Investment Law

Author : Meg Kinnear
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041161414
Total Pages : 723 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Building International Investment Law by : Meg Kinnear

Download or read book Building International Investment Law written by Meg Kinnear and published by Kluwer Law International B.V.. This book was released on 2015-12-22 with total page 723 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume celebrates the first fifty years of the International Centre for Settlement of Investment Disputes (ICSID) by presenting the landmark cases that have been decided under its auspices. These cases have addressed every aspect of investment disputes: jurisdictional thresholds; the substantive obligations found in investment treaties, contracts, and legislation; questions of general international law; and a number of novel procedural issues. Each chapter, written by an expert on the chapter’s particular focus, looks at an international investment law topic through the lens of one or more of these leading cases, analyzing what the case held, how it has been applied, and its overall significance to the development of international investment law. These topics include: - applicable law; - res judicata in investor-State arbitration; - notion of investment; - investor nationality; - consent to arbitration; - substantive standards of treatment; - consequences of corruption in investor-State arbitration; - State defenses - counter-claims; - assessment of damages and cost considerations; - ICSID Arbitration Rule 41(5) objections; - mass claims, consolidation and parallel proceedings; - provisional measures; - arbitrator challenges; - transparency and amicus curiae; and - annulment. Because the law of international investment continues to grow in importance in an ever globalizing world, this book is more than a fitting way to mark the past fifty years and to welcome the next fifty years of development. It will prove both educational for practitioners new to the field and informative for seasoned investment lawyers. Moreover, the book itself is a landmark that will be of great value to professionals, scholars and students interested in international investment law.

Shareholders' Claims for Reflective Loss in International Investment Law

Author : Lukas Vanhonnaeker
Publisher : Cambridge University Press
ISBN 13 : 1108489435
Total Pages : 431 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Shareholders' Claims for Reflective Loss in International Investment Law by : Lukas Vanhonnaeker

Modular Programming Languages

Author : Jürg Gutknecht
Publisher : Springer
ISBN 13 : 3540445196
Total Pages : 310 pages
Book Rating : 4.5/5 (44 download)

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Book Synopsis Modular Programming Languages by : Jürg Gutknecht

Download or read book Modular Programming Languages written by Jürg Gutknecht and published by Springer. This book was released on 2006-12-31 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: Thecircleisclosed.The European Modula-2 Conference was originally launched with the goal of increasing the popularity of Modula-2, a programming language created by Niklaus Wirth and his team at ETH Zuric ̈ h as a successor of Pascal. For more than a decade, the conference has wandered through Europe, passing Bled,Slovenia,in1987,Loughborough,UK,in1990,Ulm,Germany,in1994,and Linz, Austria, in 1997. Now, at the beginning of the new millennium, it is back at its roots in Zuric ̈ h, Switzerland. While traveling through space and time, the conference has mutated. It has widened its scope and changed its name to Joint Modular Languages Conference (JMLC). With an invariant focus, though, on modularsoftwareconstructioninteaching,research,and“outthere”inindustry. This topic has never been more important than today, ironically not because of insu?cient language support but, quite on the contrary, due to a truly c- fusing variety of modular concepts o?ered by modern languages: modules, pa- ages, classes, and components, the newest and still controversial trend. “The recent notion of component is still very vaguely de?ned, so vaguely, in fact, that it almost seems advisable to ignore it.” (Wirth in his article “Records, Modules, Objects, Classes, Components” in honor of Hoare’s retirement in 1999). Clar- cation is needed.

Intellectual Property and Private International Law

Author : Toshiyuki Kono
Publisher : Bloomsbury Publishing
ISBN 13 : 184731970X
Total Pages : 1438 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Intellectual Property and Private International Law by : Toshiyuki Kono

Download or read book Intellectual Property and Private International Law written by Toshiyuki Kono and published by Bloomsbury Publishing. This book was released on 2012-06-29 with total page 1438 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Intellectual property and private international law' was one of the subjects discussed at the 18th International Congress of Comparative Law held in Washington (July 2010). This volume contains the General Report and 20 National Reports covering Canada, US, Japan, Korea, India and a number of European countries (Austria, France, Germany, UK, Spain etc). The General Report was prepared on the basis of National Reports. The national reporters not only describe the existing legal framework, but also provide answers for up to 12 hypothetical cases concerning international jurisdiction, choice-of-law and recognition and enforcement of foreign judgments in multi-state IP disputes. Based on their answers the main differences between legal systems as well as the shortcomings of the cross-border enforcement of IP rights are outlined in the General Report. The Reports in this volume analyse relevant court decisions as well as recent legislative proposals (such as the ALI, CLIP, Transparency, Waseda and Korean Principles). This book is therefore a significant contribution to the existing debate in the field and will be a valuable source of reference in shaping future developments in the cross-border enforcement of IP rights in a global context.

The Changing Character of International Dispute Settlement

Author : Russell Buchan
Publisher : Cambridge University Press
ISBN 13 : 1316513904
Total Pages : 591 pages
Book Rating : 4.3/5 (165 download)

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Book Synopsis The Changing Character of International Dispute Settlement by : Russell Buchan

Download or read book The Changing Character of International Dispute Settlement written by Russell Buchan and published by Cambridge University Press. This book was released on 2023-12-31 with total page 591 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers insightful reflections on contemporary challenges to the authority, effectiveness, legitimacy, and coordination of the international dispute settlement system.

Double Recovery in Investment Arbitration

Author : Leyla Bahmany
Publisher : BRILL
ISBN 13 : 9004549463
Total Pages : 559 pages
Book Rating : 4.0/5 (45 download)

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Book Synopsis Double Recovery in Investment Arbitration by : Leyla Bahmany

Download or read book Double Recovery in Investment Arbitration written by Leyla Bahmany and published by BRILL. This book was released on 2023-09-14 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the first comprehensive analysis of the risk of double compensation, often called double recovery, in the investor-State dispute settlement (ISDS) system and proposes a practical solution to the problems which double compensation creates. The book responds to all the key questions that legal counsel, arbitrators, judges, and scholars facing the double compensation issue may have, including: What requirements must be met for the problem to arise? What have others said and done about the problem? What is the most effective way to tackle it? The proposed solution is based on currently available legal doctrines and practice and strikes a balance between investors’ and States’ interests.

Jurisdiction, Admissibility and Choice of Law in International Arbitration: Liber Amicorum Michael Pryles

Author : Neil Kaplan
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041186387
Total Pages : 552 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Jurisdiction, Admissibility and Choice of Law in International Arbitration: Liber Amicorum Michael Pryles by : Neil Kaplan

Download or read book Jurisdiction, Admissibility and Choice of Law in International Arbitration: Liber Amicorum Michael Pryles written by Neil Kaplan and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt: The distinguished international lawyer Michael Pryles, who launched a meteoric career as an arbitrator after many years of teaching and writing on conflicts of law and other topics, has made a mark on arbitral law and practice that is recognized worldwide. In this book, over forty prominent arbitrators and arbitration scholars offer insightful essays on the thorny matters of jurisdiction, admissibility and choice of law in arbitration – topics which have long interested Professor Pryles and are of wide interest. Among the specific issues and topics examined are the following: • res judicata; • investment arbitration; • free trade agreements; • party autonomy; • application of provisional measures; • issue estoppel; • evidentiary inferences; • interim measures; • emergency and default proceedings; • the intersection of financing and jurisdiction; • consolidation of cases; and • non-contractual claims. Remarkable for its roster of highly distinguished contributors, this book is the only in-depth treatment of its subject. By turns thought-provoking and practical, it is bound to appeal to and be put to use by arbitrators and other lawyers who handle international cases. It will also prove of great value to global law firms and companies doing transnational business.