Arbitration and the Courts: a Case Study from Latin America

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Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (273 download)

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Book Synopsis Arbitration and the Courts: a Case Study from Latin America by : Institute for Transnational Arbitration

Download or read book Arbitration and the Courts: a Case Study from Latin America written by Institute for Transnational Arbitration and published by . This book was released on 2003 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Courts in Latin America

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Publisher : Cambridge University Press
ISBN 13 : 1139497162
Total Pages : 353 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Courts in Latin America by : Gretchen Helmke

Download or read book Courts in Latin America written by Gretchen Helmke and published by Cambridge University Press. This book was released on 2011-01-17 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: To what extent do courts in Latin America protect individual rights and limit governments? This volume answers these fundamental questions by bringing together today's leading scholars of judicial politics. Drawing on examples from Argentina, Brazil, Chile, Mexico, Colombia, Costa Rica and Bolivia, the authors demonstrate that there is widespread variation in the performance of Latin America's constitutional courts. In accounting for this variation, the contributors push forward ongoing debates about what motivates judges; whether institutions, partisan politics and public support shape inter-branch relations; and the importance of judicial attitudes and legal culture. The authors deploy a range of methods, including qualitative case studies, paired country comparisons, statistical analysis and game theory.

A Latin American Guide to the International Court of Justice Case Law

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Publisher : Cambridge Scholars Publishing
ISBN 13 : 1443847038
Total Pages : 485 pages
Book Rating : 4.4/5 (438 download)

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Book Synopsis A Latin American Guide to the International Court of Justice Case Law by : Paula Wojcikiewicz Almeida

Download or read book A Latin American Guide to the International Court of Justice Case Law written by Paula Wojcikiewicz Almeida and published by Cambridge Scholars Publishing. This book was released on 2016-12-14 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an up-to-date and comprehensive analysis of Latin American cases brought before the International Court of Justice, demonstrating state practices and litigation at the international level. It does so by providing summaries of all contentious cases submitted by or against Latin American states before the Court in order to illustrate case law, and is organized according to specific subjects to highlight the contribution of Latin American states to the peaceful settlement of disputes and to international law in general. Furthermore, the book is enhanced by informative tables and graphs detailing the participation of Latin American states and judges in cases presented before the International Court of Justice, and includes a general and specific bibliography devoted to all the cases evaluated. The chapters presented here fill existing gaps in the literature and will be of use to an international audience, including academic libraries, the judiciary (both national and international), practitioners of international law, government institutions, academics, and students alike. It will also be of interest to anyone investigating international dispute resolution, particularly Latin American academics and practitioners.

Arbitration in Latin America

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Publisher : Kessinger Publishing
ISBN 13 : 9781104017477
Total Pages : 152 pages
Book Rating : 4.0/5 (174 download)

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Book Synopsis Arbitration in Latin America by : Gonzalo De Quesada

Download or read book Arbitration in Latin America written by Gonzalo De Quesada and published by Kessinger Publishing. This book was released on 2009-01 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: This scarce antiquarian book is a facsimile reprint of the original. Due to its age, it may contain imperfections such as marks, notations, marginalia and flawed pages. Because we believe this work is culturally important, we have made it available as part of our commitment for protecting, preserving, and promoting the world's literature in affordable, high quality, modern editions that are true to the original work.

International Arbitration in Latin America

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Publisher : Kluwer Law International B.V.
ISBN 13 : 904119973X
Total Pages : 462 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis International Arbitration in Latin America by : Gloria M. Alvarez

Download or read book International Arbitration in Latin America written by Gloria M. Alvarez and published by Kluwer Law International B.V.. This book was released on 2021-04-08 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt: Energy projects in Latin America are a major contributor to economic growth worldwide. This book is the first to offer a comprehensive, in-depth analysis of specific issues arising from energy and natural resources contracts and disputes in the region, covering a wide range of procedural, substantive, and socio-legal issues. The book also includes how states have shifted from passive business partners to more active controlling players. The book contains an extensive treatment and examination of the particularities of arbitration practice in Latin America, including arbitrability, public order, enforcement, and the complex public-private nature of energy transactions. Specialists experienced in resolving international energy and natural disputes throughout the region provide detailed analysis of such issues and topics, including: state-owned entities as co-investors or contracting parties; role of environmental law, indigenous rights and public participation; issues related to political changes, corruption, and quantification of damages; climate change, renewable energy, and the energy transition; force majeure, hardship, and price reopeners; arbitration in the electricity sector; take-or-pay contracts; recognition and enforcement of awards; tension between stabilization clauses and human rights; mediation as a method for dispute settlement in the energy and natural resources sector; and different comparative approaches taken by national courts in key Latin American jurisdictions. The book also delivers a clear explanation on the impact made to the arbitration process by Covid-19, emerging laws, changes of political circumstances, the economic global trends in the oil & gas market, the energy transition, and the rise of new technologies. This invaluable book will be welcomed by in-house lawyers, government officials, as well as academics and rest of the arbitration community involved in international arbitration with particular interest in the energy and natural resources sector.

Trade Agreements, Investment Protection and Dispute Settlement in Latin America

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041186190
Total Pages : 448 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Trade Agreements, Investment Protection and Dispute Settlement in Latin America by : Belén Olmos Giupponi

Download or read book Trade Agreements, Investment Protection and Dispute Settlement in Latin America written by Belén Olmos Giupponi and published by Kluwer Law International B.V.. This book was released on 2019-01-15 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years many Latin American countries have liberalized their trade and investment regimes, opening their markets to free international trade. At the same time, regional economic integration has boomed. This book is the first systematic analysis in any language of these globally significant developments, and the first comprehensive legal study of dispute settlement relating to foreign direct investment and trade in the region. Undertaken by an expert in the field, this study describes the current institutional framework of Latin American trade and investment law as well as specialized legal issues in the region's various economic blocs. Among the many issues and topics raised the following may be mentioned: • questions of compliance and procedure in the context of today's international investment regime; • formalized dispute settlement mechanisms; • alternative dispute resolution channels, including dispute prevention practices; • legitimacy and transparency of the various dispute settlement mechanisms; • inclusion of social clauses in trade and investment agreements; and • avoidance of investment treaty liability. In order to offer a most accurate view of the effectiveness of the protection granted to foreign investors, special attention is given to relevant case law – completely covering the period 1985–2015 – as well as arbitral precedents before international bodies and in jurisdictions across the region. The book concludes with a critical examination of the future prospects of international economic law dispute settlement in the Americas, pinpointing current trends and unveiling future possible avenues for change. As an in-depth explication of how the rules and principles of international economic law are applied in Latin America, this book has no peers. For practitioners drafting business agreements with Latin American companies, or needing to ensure availability of appropriate remedies, this book's detailed insight into international litigation in the region, including case law illustrating the main topics, will prove to be of immeasurable value. Professionals in the arbitral community worldwide, as well as governments, dedicated research centres and officials in international organizations will welcome this book's model for comparative integration studies, systematic guidance on procedure and case law of domestic and international courts and arbitral tribunals, and extensive treatment of dispute settlement mechanisms in trade and investment agreements.

Justice Beyond Our Borders

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Publisher : IDB
ISBN 13 : 9781886938809
Total Pages : 200 pages
Book Rating : 4.9/5 (388 download)

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Book Synopsis Justice Beyond Our Borders by : Christina Biebesheimer

Download or read book Justice Beyond Our Borders written by Christina Biebesheimer and published by IDB. This book was released on 2000 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Improving systems of justice in Latin America is important to consolidate democracy and develop equitable and efficient market economies. Judicial reform involves strengthening the rule of law and developing a moder and transparent juridical process, as well as a system of justice that is impartial, independent, efficient and accessible to all.

International Dispute Resolution in Latin America

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041124616
Total Pages : 442 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis International Dispute Resolution in Latin America by : Christian Leathley

Download or read book International Dispute Resolution in Latin America written by Christian Leathley and published by Kluwer Law International B.V.. This book was released on 2007-01-01 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: "As a complete and consolidated text on the bilateral, multilateral and sub-regional institutions that operate in Latin America and the Caribbean, International Dispute Resolution in Latin America: An Institutional Overview will be of great interest to corporate counsel, international lawyers, and business people, as well as to students of international dispute resolution and international affairs. Public officials in the region will appreciate the book's assistance in enabling them to decipher the institutional labyrinth which currently exists in Latin America."--BOOK JACKET.

Judicial Reform in Latin American Courts

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Publisher : World Bank Publications
ISBN 13 :
Total Pages : 70 pages
Book Rating : 4.:/5 (318 download)

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Book Synopsis Judicial Reform in Latin American Courts by : Edgardo Buscaglia

Download or read book Judicial Reform in Latin American Courts written by Edgardo Buscaglia and published by World Bank Publications. This book was released on 1996 with total page 70 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Enforcement of Arbitration Agreements in Latin America:Papers Presented at the 1998 Vancouver IBA Conference

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Publisher : Springer
ISBN 13 :
Total Pages : 146 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis Enforcement of Arbitration Agreements in Latin America:Papers Presented at the 1998 Vancouver IBA Conference by : International Bar Association. Conference

Download or read book Enforcement of Arbitration Agreements in Latin America:Papers Presented at the 1998 Vancouver IBA Conference written by International Bar Association. Conference and published by Springer. This book was released on 1999-06-23 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, The leading experts in international commercial arbitration presented their point of view from their respective countries on the present situation of arbitration in Latin America. They reached the conclusion that international commercial arbitration in Latin American countries is currently in a state of good health, after analyzing: The general ratification of the international arbitration regulatory conventions. The legislative amendments enacted in the different parliaments. The judicial activity in Latin American countries, In which case law, with its inevitable surprises, follows the lines of the best case law in countries familiar with arbitration. The widespread participation on behalf of Latin American companies together with their legal advisors in arbitration proceedings is quite effective, not so much as the defendant party, but in many cases, As aggressive plaintiffs. Many ad hoc arbitrations are being held, but, above all, The statistics from the arbitration administrative institutions demonstrate the importance of arbitration in Latin America. The usage of bi- or multilateral treaties of international public law to protect investments, As a basis for setting up the arbitral proceedings for international private law, confirms the prosperity of arbitral proceedings in Latin America.

The Judicial Sector in Latin America and the Caribbean

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Publisher : World Bank Publications
ISBN 13 : 9780821336120
Total Pages : 96 pages
Book Rating : 4.3/5 (361 download)

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Book Synopsis The Judicial Sector in Latin America and the Caribbean by : Maria Dakolias

Download or read book The Judicial Sector in Latin America and the Caribbean written by Maria Dakolias and published by World Bank Publications. This book was released on 1996-01-01 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Professional analysis of essential elements of judicial reform, as provided in any country-specific review by the World Bank. As political and economic development continue, greater attention needs to be given to judicial reform. Basic elements of judicial reform include: guaranteeing judicial independence through changes in judicial budgeting, judicial appointment, and disciplinary systems; adopting procedural reforms; enhancing public access to justice; incorporating gender issues in the reform process; and redefining/expanding legal education and training"--Handbook of Latin American Studies, v. 57.

Human Rights in International Investment Law and Arbitration

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Publisher : Oxford University Press
ISBN 13 : 0199578184
Total Pages : 646 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis Human Rights in International Investment Law and Arbitration by : Pierre-Marie Dupuy

Download or read book Human Rights in International Investment Law and Arbitration written by Pierre-Marie Dupuy and published by Oxford University Press. This book was released on 2009 with total page 646 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is a growing interplay between international investment law, arbitration and human rights. This book offers a systematic analysis of this interaction, exploring the role of principles of justice in investment law, comparing investment arbitration with other courts, and examining case studies on human rights.

Complex Arbitrations

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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.

International Arbitration in Latin America

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Publisher : Springer
ISBN 13 : 9789041118219
Total Pages : 0 pages
Book Rating : 4.1/5 (182 download)

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Book Synopsis International Arbitration in Latin America by : Nigel Blackaby

Download or read book International Arbitration in Latin America written by Nigel Blackaby and published by Springer. This book was released on 2003-01-01 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The last few years, even months, have seen radical changes in commercial arbitration in almost every Latin American jurisdiction. International Arbitration in Latin America is a first of its kind publication that provides the lawyer, arbitrator, and businessperson with a thorough overview of the current status of international arbitration in the region. Freshfields Bruckhans Deringer's Nigel Blackaby, Clifford Chance's David Lindsey, and Argentine lawyer Alessandro Spinillo have joined with others in the field of arbitration in Latin America to compile the first comprehensive review of commercial arbitration in major Latin American jurisdictions as well as notable developments in the use of arbitration mechanisms contained in bilateral and multilateral investments treaties and free trade agreements. The book provides not only a detailed analysis of the law, but also insight from local practitioners into the culture of arbitration and how the law is applied. Features of the book include a comprehensive and thorough overview of commercial arbitration in Latin America; a detailed analysis of the law and insight from local practitioners from Argentina, Brazil, Chile, Colombia, Ecuador, Mexico, Peru, and Venezuela; a brief look at the rules and peculiarities of the proposed Mercosur International Commercial Arbitration Agreements entered into by Argentina, Brazil, Paraguay, Uruguay, Bolivia, and Chile, whose eventual ratification and coming into force is contemplated; an examination concerning the adoption of arbitration as a method of dispute resolution for investors against states under bilateral investment treaties, over 300 of which have now been signed in the region; the text of the key sections of the international conventions to which reference is made (Panama Convention, NAFTA, Mercosur); and it also describes the increasing use of alternative dispute resolution in Latin America and how it might be best used as a complement for arbitration proceedings, with an emphasis on complex projects where staged dispute resolution might be appropriate.

Recognition and Enforcement of International Commercial Arbitral Awards in Latin America

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Author :
Publisher : Martinus Nijhoff
ISBN 13 : 9789004284357
Total Pages : 284 pages
Book Rating : 4.2/5 (843 download)

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Book Synopsis Recognition and Enforcement of International Commercial Arbitral Awards in Latin America by : Omar E. García-Bolívar

Download or read book Recognition and Enforcement of International Commercial Arbitral Awards in Latin America written by Omar E. García-Bolívar and published by Martinus Nijhoff. This book was released on 2014-10-31 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a country-by-country review of the law, arbitral practice and leading cases on the recognition and enforcement of international commercial arbitral awards in the region.0In a global economy where arbitration has become standard for dispute resolution between commercial entities of different nationalities, the enforcement of international commercial arbitral awards in local jurisdictions is the ultimate bottom-line. Yet even with international conventions in place to facilitate the process, practical information on how Latin American courts enforce international commercial arbitral awards is limited.

Law and Policy in Latin America

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Publisher : Palgrave Macmillan
ISBN 13 : 9781137566935
Total Pages : 0 pages
Book Rating : 4.5/5 (669 download)

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Book Synopsis Law and Policy in Latin America by : Pedro Fortes

Download or read book Law and Policy in Latin America written by Pedro Fortes and published by Palgrave Macmillan. This book was released on 2017-01-04 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comprehensive introduction to law and policy responses to contemporary problems in Latin America, such as human rights violations, regulatory dilemmas, economic inequality, and access to knowledge and medicine. It includes 19 chapters written by sociologists, lawyers, and political scientists on the transformations of courts, institutions and rights protection in Latin America, all of which stem from presentations at conferences in Oxford and UCL organised by the editors. The contributors present original analyses based on rigorous research, innovative case-studies, and interdisciplinary perspectives, all written in an accessible style. Topics include the Inter-American Court of Human Rights, institutional design, financial regulation, competition, discrimination, gender quotas, police violence, orphan works, healthcare, and environmental protection, among others. The book will be of interest to students and scholars interested in policymaking, public law, and development.

Model Rules of Professional Conduct

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Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.