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

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041186387
Total Pages : 442 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 442 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.

Choice of Law

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Publisher :
ISBN 13 : 9781531016524
Total Pages : 614 pages
Book Rating : 4.0/5 (165 download)

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Book Synopsis Choice of Law by : Joseph William Singer

Download or read book Choice of Law written by Joseph William Singer and published by . This book was released on 2020-06-25 with total page 614 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Choice of Law

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Publisher : Oxford University Press
ISBN 13 : 0190496746
Total Pages : 800 pages
Book Rating : 4.1/5 (94 download)

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Book Synopsis Choice of Law by : Dean Symeon C. Symeonides

Download or read book Choice of Law written by Dean Symeon C. Symeonides and published by Oxford University Press. This book was released on 2016-04-15 with total page 800 pages. Available in PDF, EPUB and Kindle. Book excerpt: Choice of Law provides an in-depth sophisticated coverage of the choice-of-law part Conflicts Law (or Private International Law) in torts, products liability, contracts, forum-selection and arbitration clauses, insurance, statutes of limitation, domestic relations, property, marital property, and successions. It also covers the constitutional framework and conflicts between federal law and foreign law. The book explains the doctrinal and methodological foundations of choice of law and then focuses on its actual practice, examining not only what courts say but also what they do. It identifies the emerging decisional patterns and extracts predictions about likely outcomes.

The Choice-Of-Law Process

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Publisher :
ISBN 13 : 9780472750658
Total Pages : 0 pages
Book Rating : 4.7/5 (56 download)

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Book Synopsis The Choice-Of-Law Process by : David Cavers

Download or read book The Choice-Of-Law Process written by David Cavers and published by . This book was released on with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A New York nature study society operates a camp in upstate New York. A truckload of campers goes on a nature study trip to Massachusetts. There, the truck driver's negligence seriously injures a camper. Under New York law, the camper may recover damages from the society; under Massachusetts law, the society is immune from liability. But which law is to apply? Legal scholars in twelfth-century Italian city states grappled with choice-of-law decisions, and choice of law perplexes American jurists today. In The Choice-of-Law Process David F. Cavers of Harvard Law School, after a brief historical review, discusses the far-reaching changes taking place in that process. American legal scholars writing in the last thirty years have undermined the traditional method of deciding choice-of-law cases. With increasing frequency courts are now reexamining choice-of-law process and doctrine. Cavers uses the camper's case and four other imaginary cases--before a court whose judges plainly resemble certain contemporary scholars--to illustrate methods of deciding choice-of-law cases that are currently competing for acceptance. After an evaluation of these methods, Cavers suggests the judicial development of principles of preference to guide courts in resolving "true conflicts" and submits examples of such principles. Concluding chapters consider the roles of the federal courts, statutes, treaties, and civil procedure. In this period of transition, Cavers's book is timely and constructive. The Thomas M. Cooley Lectureship, established in honor of the University of Michigan Law School's first great legal scholar, is designed to stimulate research and bring its results to the attention of the general public as well as of the legal profession.

Choice of Law in Practice

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Publisher : BRILL
ISBN 13 : 9004435883
Total Pages : 1920 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Choice of Law in Practice by : Symeon Symeonides

Download or read book Choice of Law in Practice written by Symeon Symeonides and published by BRILL. This book was released on 2020-12-15 with total page 1920 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a true treasure trove of original research, incisive observations, and useful practical pointers. Written by an author who has read more than sixty thousand conflicts decisions in the last thirty years, the book skillfully guides American and foreign readers through the labyrinthine alleys of American choice-of-law litigation in the last twenty years and distills the resulting lessons for attorneys, academics, and lawmakers.

The American Choice-of-law Revolution

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Publisher : Hague Academy of International
ISBN 13 :
Total Pages : 516 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The American Choice-of-law Revolution by : Symeon Symeonides

Download or read book The American Choice-of-law Revolution written by Symeon Symeonides and published by Hague Academy of International. This book was released on 2006 with total page 516 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foreword; Tables; Charts and Maps; Biographical Note; Principal Publications; Chapter I Introduction; Chapter II The Scholastic Revolution; Chapter III The Judicial Revolution; Chapter IV The Choice-of-law Revolution Today; Chapter V The Distinction between Conduct-regulation and Loss-distribution in Tort Conflicts; Chapter VI Loss-distribution Tort Conflicts; Chapter VII Conduct-Regulation Tort Conflicts; Chapter VIII Products Liability; Chapter IX The American Choice-of-law Revolution: A Macro View; Chapter X The Next Phase in Choice of Law; Table of Cases; Bibliography; Index.

The Law Market

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Publisher : Oxford University Press
ISBN 13 : 9780199718481
Total Pages : 288 pages
Book Rating : 4.7/5 (184 download)

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Book Synopsis The Law Market by : Erin A. O'Hara

Download or read book The Law Market written by Erin A. O'Hara and published by Oxford University Press. This book was released on 2009-02-09 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today, a California resident can incorporate her shipping business in Delaware, register her ships in Panama, hire her employees from Hong Kong, place her earnings in an asset-protection trust formed in the Cayman Islands, and enter into a same-sex marriage in Massachusetts or Canada--all the while enjoying the California sunshine and potentially avoiding many facets of the state's laws. In this book, Erin O'Hara and Larry E. Ribstein explore a new perspective on law, viewing it as a product for which people and firms can shop, regardless of geographic borders. The authors consider the structure and operation of the market this creates, the economic, legal, and political forces influencing it, and the arguments for and against a robust market for law. Through jurisdictional competition, law markets promise to improve our laws and, by establishing certainty, streamline the operation of the legal system. But the law market also limits governments' ability to enforce regulations and protect citizens from harmful activities. Given this tradeoff, O'Hara and Ribstein argue that simple contractual choice-of-law rules can help maximize the benefits of the law market while tempering its social costs. They extend their insights to a wide variety of legal problems, including corporate governance, securities, franchise, trust, property, marriage, living will, surrogacy, and general contract regulations. The Law Market is a wide-ranging and novel analysis for all lawyers, policymakers, legislators, and businesses who need to understand the changing role of law in an increasingly mobile world.

Choice of Law and Multistate Justice, Special Edition

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Publisher : BRILL
ISBN 13 : 9004480188
Total Pages : 339 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Choice of Law and Multistate Justice, Special Edition by : Friedrich Juenger

Download or read book Choice of Law and Multistate Justice, Special Edition written by Friedrich Juenger and published by BRILL. This book was released on 2021-10-01 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: This illuminating text features a special introduction and colloquium by Professor Juenger’s colleagues. A revised version of the late Friedrich Juenger’s Hague Lectures, this "special edition" presents the most pervasive and trenchant critique of the traditional approaches to choice of law, both of the multilateralist and unilateralist kind, to date. An undisputed classic, Juenger's book is both a timeless critique of the traditional choice-of-law approaches and a timely plea to move beyond them in the age of globalization. Published under the Transnational Publishers imprint.

Choice of Law and Conflict of Laws

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Publisher : Brill Archive
ISBN 13 : 9789028600263
Total Pages : 200 pages
Book Rating : 4.6/5 (2 download)

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Book Synopsis Choice of Law and Conflict of Laws by : Avigdor Victor Levontin

Download or read book Choice of Law and Conflict of Laws written by Avigdor Victor Levontin and published by Brill Archive. This book was released on 1976-07-07 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Conflict of Laws

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Publisher : Aspen Publishers
ISBN 13 :
Total Pages : 1032 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Conflict of Laws by : Lea Brilmayer

Download or read book Conflict of Laws written by Lea Brilmayer and published by Aspen Publishers. This book was released on 1995 with total page 1032 pages. Available in PDF, EPUB and Kindle. Book excerpt: Updated throughout, this revision of Lea Brilmayers's leading casebook-CONFLICT OF LAWS: Cases and Materials-continues to challenge and enlighten your students with an understandable, balanced, and comprehensive introduction To The complex area of conflicts. The book immerses students in choice-of-law problems-the heart of conflicts-followed by a chapter on the courts' struggles for responsive approaches. Five chapters move on to cover broader topics: constitutional limitations on choice of law, personal jurisdiction, The Erie Doctrine, recognition of judgments, and conflicts in the international context. Well known for her scholarship in conflicts, Brilmayer shows the modern relevance-both theoretical and practical-of conflicts. Wherever possible, she inclues cases involving statute of limitations, corporate regulation, and other important state law issues. Revisions include extensive additions To The chapters on... personal jurisdiction, featuring important new cases, Carnival Cruise Lines v. Shute, Burnham b. Superior Court, and others international litigation, including the new Supreme Court decisions in United States v. Verdugo-Urguidez and Hartford Fire Insurance v. California and a new sample problem focusing on the Robert Maxwell bankruptcy pending in U.S. And British courts. In addition, The chapter on federal/state relations now includes Ferens v. John Deere. And the chapter on the struggle for responsive approaches features a new case on the Restatement (Second) of Conflicts.

Choice of Law for American Courts

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Publisher : Bloomsbury Publishing USA
ISBN 13 : 0313074224
Total Pages : 182 pages
Book Rating : 4.3/5 (13 download)

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Book Synopsis Choice of Law for American Courts by : Edwin S. Fruehwald

Download or read book Choice of Law for American Courts written by Edwin S. Fruehwald and published by Bloomsbury Publishing USA. This book was released on 2001-03-30 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study proposes a multilateralist method of choice of law in order to alleviate the great disarray that currently exists in American choice law. In the early 20th century, there was a fairly-uniform multilateralist method of choice law. In the 1920s and 30s, however, scholars adn courts began to reject this method. Viewed as too mechanical the method sometimes resulted in the choice of law of a state with only a tenuous connection to the controversy. Currently, state courts use four different approached to choice law with numerous material variations. This study rejects these approaches on normative, constitutional, and practical grounds. Instead, it advocates that courts adopt a multilateralist approach to choice of law that is forum- and content-neutral and that respects the rights of both individuals and states. The study also argues that such an approach should satisfy a constitutional standard that requires a court not choose one state's law when another state has a significantly closer connection to controversy. The proposed method consists of two parts. The first part determines the states that have created legal relations applying to the dispute. When more than one state has created a legal realtions applying to the dispute. When more than one state has created a legal relation that applies to the controversy, the second part adopts the law of the state that had the closest connection. The study then applies the suggested method to numerous choice of law problems.

American Private International Law

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041127429
Total Pages : 372 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis American Private International Law by : Symeon Symeonides

Download or read book American Private International Law written by Symeon Symeonides and published by Kluwer Law International B.V.. This book was released on 2008-01-01 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book was originally published as a monograph in the International Encyclopaedia of Laws/Private International Law.

Conflict of Laws

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Publisher :
ISBN 13 :
Total Pages : 150 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Conflict of Laws by : Peter Hay

Download or read book Conflict of Laws written by Peter Hay and published by . This book was released on 2000 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt: Domicile; Litigational Matters; Jurisdiction to Adjudicate; Recognition and Enforcement of Foreign Judgments and Decrees; Domestic Relations; Creation Status and its Consequences; Dissolution of Marriage and Its Consequences; Choice of Law: Basic Considerations; Pervasive Problems; Approaches to Choice of Law: Theory; Particular Choice-of-Law Problems; Choice of Law by Subject Matter; Constitutional Limitations on State Choice of Law; State Law in Federal Court; Federal Common Law as the Rule of Decision.

The Choice of Law Contract

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509901027
Total Pages : 300 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Choice of Law Contract by : Maria Hook

Download or read book The Choice of Law Contract written by Maria Hook and published by Bloomsbury Publishing. This book was released on 2016-09-22 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a contractual framework for the regulation of party autonomy in choice of law. The party autonomy rule is the cornerstone of any modern system of choice of law; embodying as it does the freedom enjoyed by parties to a cross-border legal relationship to agree on the law applicable to it. However, as this study shows, the rule has a major shortcoming because it fails to give due regard to the contractual function of the choice of law agreement. The study examines the existing law on choice of law agreements, by reference to the law of both common and civil law jurisdictions and international instruments. Moreover, it suggests a new coherent approach to party autonomy that integrates both the law of contract and choice of law. This important new study should be read with interest by private international law scholars.

The Interest Approach to Choice of Law

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Publisher : Springer
ISBN 13 : 9401575495
Total Pages : 273 pages
Book Rating : 4.4/5 (15 download)

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Book Synopsis The Interest Approach to Choice of Law by : Amos Shapira

Download or read book The Interest Approach to Choice of Law written by Amos Shapira and published by Springer. This book was released on 2012-12-06 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is based on a doctoral thesis submitted to Yale University Law School in 1968. I wish to acknowledge my deepest gratitude to my super visor in the writing of the thesis, Professor Ronald M. Dworkin, whose in sights and criticism have conspicuously contributed to the present work. Time and again I have been inspired by the ideas expressed by hirn both in personal discussions and in his Conflict of Laws and Jurisprudence courses. It has been my privilege also to have had Professors Leon S. Lipson and Guido Calabresi as supervisors. I have derived great benefit from their sug gestions. A sincerely feIt appreciation is expressed to all three persons. A special debt of gratitude is owing to the Yale Law School for the gener ous financial support extended to me. I also wish to record my indebtedness to the Hebrew University of Jerusalem and to Tel-Aviv University for their financial assistance. I am extremely grateful to Mr. Michael Reiss, '68 Yale Law School for his significant editorial assistance. Thanks are also due to my wife Ettie for invaluable help and encouragement. Finally, I wish to thank the publishers for their courtesy and cooperation. A.S.

The Choice-of-law Process

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Publisher :
ISBN 13 :
Total Pages : 360 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The Choice-of-law Process by : David Farquhar Cavers

Download or read book The Choice-of-law Process written by David Farquhar Cavers and published by . This book was released on 1965 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Perspectives on Conflict of Laws

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Publisher : Aspen Publishers
ISBN 13 :
Total Pages : 280 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Perspectives on Conflict of Laws by : James Arthur Martin

Download or read book Perspectives on Conflict of Laws written by James Arthur Martin and published by Aspen Publishers. This book was released on 1980 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: