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Author : Michael Wilkinson
Publisher :
ISBN 13 :
Total Pages : 352 pages
Book Rating : 4.F/5 ( download)
Download or read book Reform of the Civil Process in Hong Kong written by Michael Wilkinson and published by . This book was released on 2000 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Lisa Bench Nieuwveld
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041161120
Total Pages : 363 pages
Book Rating : 4.0/5 (411 download)
Download or read book Third-Party Funding in International Arbitration written by Lisa Bench Nieuwveld and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the first edition of this invaluable book in 2012, third-party funding has become more mainstream in international arbitration practice. However, since even the existence of a third-party funding agreement in a dispute is often kept secret, it can be difficult to glean the specifics of successful funding agreements. This welcome book, now updated, expertly reveals the nuances of third-party funding in international arbitration, examines the phenomenon in key jurisdictions, and provides a reliable resource for users and potential users that may wish to tap into and make use of this distinctive funding tool. Focusing on Australia, the United Kingdom, the United States, Germany, the Netherlands, Canada, and South Africa, the authors analyze and assess the legal regime based upon legislation, judicial opinions, ethics opinions, and practitioner anecdotes describing the state of third-party funding in each jurisdiction. In addition to updating summaries of the law of the various jurisdictions, the second edition includes a new chapter addressing third-party funding in investor-state arbitration. Among the issues raised and examined are the following: · payment of adverse costs; · “Before-the-Event” (BTE) and “After-the-Event” (ATE) insurance; · attorney financing: pro bono representation, contingency representation, conditional fee arrangements; · loans; · ethical doctrines affecting the third-party funding industry; · possible future bundling, securitization, and trading of legal claims; · risk that the funder may put its own interests ahead of the client’s interests; and · whether the existence of a funding agreement must or should be disclosed to the decision maker. The second edition also includes discussion of recent institutional developments as they relate to third-party funding, including the work of the ICCA-Queen Mary Task Force on Third-Party Funding and how third-party funding is being incorporated into arbitral rules and investment treaties. Ably providing a thorough understanding of what third-party funding entails and what legal parameters exist, this book will be of compelling interest to parties aiming to take advantage of the high values, speed, reduced evidentiary costs, outcome predictability, industry expertise, and high award enforceability characteristic of the third-party funding arrangements available in international arbitration.
Author : Anselmo Reyes
Publisher : Bloomsbury Publishing
ISBN 13 : 1509924272
Total Pages : 411 pages
Book Rating : 4.5/5 (99 download)
Download or read book Recognition and Enforcement of Judgments in Civil and Commercial Matters written by Anselmo Reyes and published by Bloomsbury Publishing. This book was released on 2019-09-19 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection offers a study of the regimes for the recognition and enforcement of foreign commercial judgments in 15 Asian jurisdictions: mainland China, Hong Kong, Taiwan, Japan, Korea, Malaysia, Singapore, Thailand, Vietnam, Cambodia, Myanmar, the Philippines, Indonesia, Sri Lanka and India. For practising lawyers, the book is intended as a practical guide to current law and procedures for enforcing judgments in the selected jurisdictions. However, it does not stop at describing current law and practice. Of interest to academics and students, it also analyses the common principles of the enforcement regimes across the jurisdictions, and identifies what should be regarded as the norm for enforcement in Asian countries for the purpose of attracting foreign direct investment and catalysing rapid economic development. In light of the common principles identified, the book explores how laws in Asia may generally be improved to enable judgments to be more readily enforced, while ensuring that legitimate concerns over indirect jurisdiction, due process and domestic public policy are respected and addressed. With this in mind, the book discusses the potential impact that the adoption of the 2005 Hague Convention on Choice of Court Agreements might have on Asian jurisdictions; it also considers the potential impact of the convention for the enforcement of judgments in civil and commercial matters presently being drafted by the Hague Conference on Private International Law. This timely book argues that it is imperative to adopt a uniform system for the recognition and enforcement of judgments throughout Asia if there is to be traction for the enhanced cross-border commerce that is expected to result from endeavours such as the ASEAN Economic Community (AEC), the Belt and Road Initiative (BRI), CPTPP (also known as TPP-11), and RCEP.
Author : American Bar Association
Publisher :
ISBN 13 :
Total Pages : 424 pages
Book Rating : 4.:/5 (319 download)
Download or read book Code of Judicial Conduct for United States Judges written by American Bar Association and published by . This book was released on 1974 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Calin Trenkov-Wermuth
Publisher : UN
ISBN 13 :
Total Pages : 250 pages
Book Rating : 4.F/5 ( download)
Download or read book United Nations Justice written by Calin Trenkov-Wermuth and published by UN. This book was released on 2010 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: "At the end of the 20th century, and at the dawn of the 21st, the United Nations was tasked with the administration of justice in territories placed under its executive authority, an undertaking for which there was no established precedent or doctrine. Examining the UN's legal and judicial reform efforts in Kosovo and East Timor, this volume argues that rather than helping to establish a sustainable legal system, the UN's approach detracted from it, as it confused ends with means."--Publisher's description.
Author :
Publisher :
ISBN 13 :
Total Pages : 634 pages
Book Rating : 4.:/5 (318 download)
Download or read book Asian Architect and Contractor written by and published by . This book was released on 1999 with total page 634 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Anthony B. L. CHEUNG
Publisher : City University of HK Press
ISBN 13 : 9629375915
Total Pages : 470 pages
Book Rating : 4.6/5 (293 download)
Download or read book Can Hong Kong Exceptionalism Last? Dilemmas of Governance and Public Administration over Five Decades, 1970s–2020 written by Anthony B. L. CHEUNG and published by City University of HK Press. This book was released on 2021-11-01 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hong Kong under British rule was a prime example of exceptionalism in many aspects — economic, political, and even social. It was governed under a colonial structure and yet had enjoyed a large degree of social and economic freedom, as well as fiscal self-sufficiency and autonomy from London. After returning to Chinese rule in 1997, Hong Kong has continued to thrive as a relatively resilient city-state still known for efficiency and effectiveness despite tensions and scepticism about its political future. This book carries decades of academic observations and the author’s personal political experience. It reviews and reflects on the past trajectory of governance and administration, identifying strengths and capabilities as well as constraints and vulnerabilities of Hong Kong as a polity and society, while charting its course of ‘exceptionalism’ within a new context and under changing conditions. As this book concludes, the exceptionalism of Hong Kong not only hinges on institutional arrangements and historical inheritance but also on the statecraft of the administration of the day. ********************************************************* “… This is a text for deep reading, reflection, and deliberation.” – Professor LUI Tai-lok Chair Professor of Hong Kong Studies, Director of the Academy of Hong Kong Studies, Director of the Centre for Greater China Studies, and Former Vice President (Research & Development) at The Education University of Hong Kong “… a gem … whatever your political stand is, you have to admire Professor Cheung’s thorough observations and profound ideas on what made this city tick…” – Mr LAM Woon-kwong Former Secretary for the Civil Service and Secretary for Home Affairs, and Former Convenor of Non-Official Members of the Executive Council (2012–2017) “… a compelling addition to the literature on Hong Kong.” – Professor Darryl S.L. JARVIS Professor and former Head of the Department of Asian and Policy Studies at The Education University of Hong Kong
Author : Great Britain. Ministry of Justice
Publisher : The Stationery Office
ISBN 13 : 9780117064034
Total Pages : 388 pages
Book Rating : 4.0/5 (64 download)
Download or read book Review of Civil Litigation Costs written by Great Britain. Ministry of Justice and published by The Stationery Office. This book was released on 2010 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: In January 2009, the then Master of the Rolls, Sir Anthony Clarke, appointed Lord Justice Jackson to lead a fundamental review of the rules and principles governing the costs of civil litigation. This report intends to establish how the costs rules operate and how they impact on the behavior of both parties and lawyers.
Author : Yuwen Li
Publisher : Routledge
ISBN 13 : 131702656X
Total Pages : 298 pages
Book Rating : 4.3/5 (17 download)
Download or read book The Judicial System and Reform in Post-Mao China written by Yuwen Li and published by Routledge. This book was released on 2016-03-03 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive study examines the development and changing characteristics of the judicial system and reform process over the past three decades in China. As the role of courts in society has increased so too has the amount of public complaints about the judiciary. At the same time, political control over the judiciary has retained its tight-grip. The shortcomings of the contemporary system, such as institutional deficiencies, shocking cases of injustice and cases of serious judicial corruption, are deemed quite appalling by an international audience. Using a combination of traditional modes of legal analysis, case studies, and empirical research, this study reflects upon the complex progress that China has made, and continues to make, towards the modernisation of its judicial system. Li offers a better understanding on how the judicial system has transformed and what challenges lay ahead for further enhancement. This book is unique in providing both the breadth of coverage and yet the substantive details of the most fundamental as well as controversial subjects concerning the operation of the courts in China.
Author : Maya Steinitz
Publisher :
ISBN 13 : 1107162858
Total Pages : 257 pages
Book Rating : 4.1/5 (71 download)
Download or read book The Case for an International Court of Civil Justice written by Maya Steinitz and published by . This book was released on 2019 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: An International Court of Civil Justice would give victims of multinationals a day in court while offering corporate defendants a cheaper, fairer litigation alternative.
Author : Kazuaki Nishioka
Publisher : Bloomsbury Publishing
ISBN 13 : 1509956573
Total Pages : 381 pages
Book Rating : 4.5/5 (99 download)
Download or read book Treatment of Foreign Law in Asia written by Kazuaki Nishioka and published by Bloomsbury Publishing. This book was released on 2023-10-05 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do Asian courts ascertain, interpret, and apply a foreign law as the law governing the merits of the case? What should judges do if parties do not raise or disagree on the content of foreign law? This thematic volume in the Studies in Private International Law – Asia series analyses the treatment of foreign law before judicial authorities, that is, how the courts of Asian states deal with the proof of foreign law in court litigation involving cross-border elements. The individual chapters cover 15 Asian jurisdictions: Mainland China, Hong Kong, Taiwan, Japan, South Korea, Singapore, Malaysia, Vietnam, Cambodia, Myanmar, the Philippines, Indonesia, Thailand, Sri Lanka, and India. The Introduction and Conclusion examine similarities and differences in the approaches taken by the 15 Asian states with a view to assessing the extent to which those approaches are consistent or different from each other. The book also puts forward suggestions for harmonising differing approaches, especially between Asian common law and civil law states. The book is a one-stop reference guide on the treatment of foreign law in Asia and will be indispensable to judges, practitioners, and scholars not just in Asia, but worldwide.
Author : Shahla F. Ali
Publisher : Edward Elgar Publishing
ISBN 13 : 1803920041
Total Pages : 313 pages
Book Rating : 4.8/5 (39 download)
Download or read book Diversity in International Arbitration written by Shahla F. Ali and published by Edward Elgar Publishing. This book was released on 2022-11-04 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: After decades of focus on harmonization, which for too many represents no more than Western legal dominance and a largely homogeneous arbitration practitioner community, this ground-breaking book explores the increasing attention being paid to the need for greater diversity in the international arbitration ecosystem. It examines diversity in all its forms, investigating how best to develop an international arbitral order that is not just tolerant of diversity, but that sustains and promotes diversity in concert with harmonized practices.
Author : World Bank Group
Publisher : World Bank Publications
ISBN 13 : 146481533X
Total Pages : 223 pages
Book Rating : 4.4/5 (648 download)
Download or read book Women, Business and the Law 2020 written by World Bank Group and published by World Bank Publications. This book was released on 2020-04-24 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: The World Bank Group’s Women, Business and the Law examines laws and regulations affecting women’s prospects as entrepreneurs and employees across 190 economies. Its goal is to inform policy discussions on how to remove legal restrictions on women and promote research on how to improve women’s economic inclusion.
Author : Asif H Qureshi
Publisher : Taylor & Francis
ISBN 13 : 1003813453
Total Pages : 365 pages
Book Rating : 4.0/5 (38 download)
Download or read book Law Reforms around the World written by Asif H Qureshi and published by Taylor & Francis. This book was released on 2023-12-01 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: Encapsulating Law Reform requires the creation of a discreet space occupied with normative self-generation, self-correction, and self-adaptation in the very anatomy of law and the architecture of legal systems. This ‘living dynamic trait’ should be a hallmark of the genetic material in the modern-day institution of law. This edited volume sheds light on Law Reform in its domestic, comparative, regional, and international settings. It examines the process of Law Reform and explains the need for a constant appraisal to keep its wheels optimally operational. The book takes a holistic approach to understanding Law Reform and calls for such an approach in the very process of Law Reform. It begins by looking at Law Reform processes from a theoretical perspective. Thereafter, it sheds light on domestic Law Reform processes in civil and common law legal systems. This is followed by a focus on Law Reform at the international level with a critical appraisal of the International Law Commission (ILC), drawing on its performance in international economic and environmental law. Included in this consideration is also the role played in Law Reform by the IMF, World Trade Organization/World Intellectual Property Organization, Multilateral Development Banks, and the African Union Commission on International Law. This volume should appeal to students, serious scholars, policy makers, judges, and the community of national and international lawyers interested in bringing effective reform in the national and international arenas.
Author : Ida Kwan Lun Mak
Publisher : Cambridge University Press
ISBN 13 : 1108329314
Total Pages : 277 pages
Book Rating : 4.1/5 (83 download)
Download or read book Alternative Dispute Resolution of Shareholder Disputes in Hong Kong written by Ida Kwan Lun Mak and published by Cambridge University Press. This book was released on 2019-12-19 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: The landscape of shareholder dispute resolution in Hong Kong has changed vastly since the launch of the Civil Justice Reform in 2009. Key initiatives - the voluntary court-connected scheme and reform of the statutory unfair prejudice provisions - were employed to promote the greater use of alternative dispute resolution (ADR) in shareholder disputes. While the Hong Kong government and judiciary introduced such schemes to prove the legitimacy of extra-judicial over court-based litigation processes, their success is still uncertain. In this book, socio-legal theory and sociological institutionalism are used to develop a theoretical framework for analyzing the key stages of institutionalization. The author analyzes how procedural innovations could acquire legitimacy through different types of legal and non-legal inducement mechanisms within the institutionalization process. Recommendations on codifying and innovating ADR policy in Hong Kong shareholder disputes are also made with comparison to similar policies in the United Kingdom, South Africa and New Zealand.
Author : Dan Jerker B. Svantesson
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403511133
Total Pages : 760 pages
Book Rating : 4.4/5 (35 download)
Download or read book Private International Law and the Internet written by Dan Jerker B. Svantesson and published by Kluwer Law International B.V.. This book was released on 2021-08-05 with total page 760 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this, the fourth edition of Private International Law and the Internet, Professor Dan Svantesson provides a detailed and insightful account of what has emerged as the most crucial current issue in private international law; that is, how the Internet affects and is affected by the five fundamental questions: When should a lawsuit be entertained by the courts? Which state’s law should be applied? When should a court that can entertain a lawsuit decline to do so? How wide ‘scope of jurisdiction’ should be afforded to a court with jurisdiction over a dispute? And will a judgment rendered in one country be recognized and enforced in another? Professor Svantesson identifies and investigates twelve characteristics of Internet communication that are relevant to these questions and then proceeds with a detailed discussion of what is required of modern private international law rules. Focus is placed on several issues that have far-reaching practical consequences in the Internet context, including the following: cross-border defamation; cross-border business contracts; cross-border consumer contracts; and cross-border intellectual property issues. A wide survey of private international law solutions encompasses insightful and timely analyses of relevant laws adopted in a variety of jurisdictions, including Australia, England, Hong Kong SAR, the United States, Germany, Sweden, and China, as well as in a range of international instruments. There is also a chapter on advances in geo-identification technologies and their special value for legal practice. The book concludes with two model international conventions, one on cross-border defamation and one on cross-border contracts, as well as a set of practical checklists to guide legal practitioners faced with cross-border matters within the discussed fields. Professor Svantesson’s book brings together a wealth of research findings in the overlapping disciplines of law and technology that will be of particular utility to practitioners and academics working in this complex and rapidly changing field. His thoughtful analysis of the interplay of the developing Internet and private international law will also be of great value, as will the tools he offers with which to anticipate the future. Private International Law and the Internet provides a remarkable stimulus to continue working towards globally acceptable private international law rules for communication via the Internet.
Author : Lord Dyson
Publisher : Bloomsbury Publishing
ISBN 13 : 1509918817
Total Pages : 485 pages
Book Rating : 4.5/5 (99 download)
Download or read book Justice written by Lord Dyson and published by Bloomsbury Publishing. This book was released on 2018-02-08 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: This selection of essays, speeches and personal reflections, draws on the analysis of one of the leading lawyers of a generation. Lord Dyson as Master of the Rolls and Head of the Civil Justice System oversaw a period of reform of both law and legal process. This collection discusses some key themes of, and challenges faced during, his tenure as one of the most senior lawyers in England and Wales. Through these insightful, engaging and compelling pieces, a picture emerges of a robust system of law whose core values can be plotted back to the Magna Carta, but which is flexible enough to respond to current changes without fracturing. A truly compelling exploration of continuity and change in the law by one of its key jurists.
