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Book Synopsis Forum Shopping Despite Unification of Law by : Franco Ferrari
Download or read book Forum Shopping Despite Unification of Law written by Franco Ferrari and published by BRILL. This book was released on 2021-08-16 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: According to some commentators, forum shopping is an “evil” that must be eradicated. It has been suggested that the unification of substantive law through international conventions constitutes one way to achieve this outcome. This book shows that the drafting of uniform substantive law convention cannot prevent forum shopping. The reasons are classified into two main categories: convention-extrinsic and convention-intrinsic reasons. The former category comprises those reasons upon which uniform substantive law conventions do not have an impact at all. These reasons range from the costs of access to justice to the bias of potential adjudicators to the enforceability of judgments. The convention-intrinsic reasons, on the other hand, are reasons that relate to the nature and design of uniform substantive law conventions, and include their limited substantive and international spheres of application as well as their limited scope of application, the need to provide for reservations, etc. This book also focuses on another reason why forum shopping cannot be overcome: the impossibility of ensuring uniform applications and interpretations of the various uniform substantive law conventions.
Book Synopsis Forum Shopping in International Adjudication by : Luiz Eduardo Salles
Download or read book Forum Shopping in International Adjudication written by Luiz Eduardo Salles and published by Cambridge University Press. This book was released on 2014-05-22 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: Forum shopping, which consists of strategic forum selection, parallel litigation and serial litigation, is a phenomenon of growing importance in international adjudication. Preliminary objections (or a party's placement of conditions on the existence and development of the adjudicatory process) have been traditionally conceived as barriers to adjudication before single forums. This book discusses how adjudicators and parties may refer to questions of jurisdiction and admissibility in order to avoid conflicting decisions on overlapping cases, excessive exercises of jurisdiction and the proliferation of litigation. It highlights an emerging, overlooked function of preliminary objections: transmission belts of procedure-regulating rules across the 'international judiciary'. Activating this often dormant, managerial function of preliminary objections would nurture coordination of otherwise independent and autonomous tribunals.
Book Synopsis Forum Shopping and Venue in Transnational Litigation by : Andrew S. Bell
Download or read book Forum Shopping and Venue in Transnational Litigation written by Andrew S. Bell and published by Oxford Private International L. This book was released on 2003 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rules by which a venue is selected and settled upon for the resolution of any given transnational dispute have fostered a complex, fascinating and burgeoning body of law of great commercial significance. As courts and legislatures seek to fashion sophisticated yet practicaljurisdictional responses to this issue, practitioners strive to maximize their clients' prospects of success by securing their own preferred venue. For so long as different forums yield the prospect of different outcomes in the resolution of any given dispute, litigation about where to litigate isinevitable.Forum shopping is the province of plaintiffs and defendants alike. This book examines the fascinating competition to win the battle for venue in transnational litigation.It first identifies and analyses the pre-conditions and incentives for forum shopping. These serve to explain not only the frequent intensity of interlocutory litigation relating to questions of venue but also the reason why much transnational litigation settles once the issue of venue is resolved,in turn underlining the practical significance of the subject. The guiding principle of the 'natural forum' - the common law's conceptual response to disputed questions of venue - is subjected to detailed analysis and compared with the more orderly response of jurisdiction-regulating conventions,most successfully effected in EU Regulation 44/2001 and its progenitor, the Brussels Convention. Then the various techniques of what can be called 'reverse forum shopping' including the evolving law relating to anti-suit injunctions and its interplay with the concept of international judicialcomity are considered in detail. Finally, the book examines the role of, and the law relating to, jurisdiction and arbitration agreements in transnational litigation, including the manifold techniques by which parties seek to (and frequently do) extricate themselves from these forum-selectionarrangements.
Download or read book Forum Shopping written by Franco Ferrari and published by . This book was released on 2013-09-17 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Forum Shopping in International Adjudication by : Luiz Eduardo Salles
Download or read book Forum Shopping in International Adjudication written by Luiz Eduardo Salles and published by Cambridge University Press. This book was released on 2014-05-22 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can procedural objections be used to address the emerging phenomenon of forum shopping before international tribunals?
Book Synopsis Forum Shopping in the European Judicial Area by : Pascal de Vareilles-Sommières
Download or read book Forum Shopping in the European Judicial Area written by Pascal de Vareilles-Sommières and published by Bloomsbury Publishing. This book was released on 2007-12-18 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the issues left untouched by the Brussels Convention of 27 September 1968 (and by the Brussels-1 Regulation replacing it) concerns the leeway left to domestic courts when applying European rules on international jurisdiction in civil and commercial matters. For instance, is the court under a duty of strict compliance with the jurisdiction rule as it is drafted? Would such a duty go so far as to require the court to abide by the jurisdiction rule, even though it is being used by one of the litigants to achieve an unfair result, for example to delay adjudication on the merits? Under what conditions may the Court decline jurisdiction on account of any unsuitable forum shopping, thus ruling out the European provision on jurisdiction? Recent litigation in the ECJ has yielded rather, even excessively, restrictive answers, ruling out any discretion by domestic courts to remedy any inconvenience arising from the strict application of the European provisions, if such discretion were provided for by the lex fori (the Gasser case, the Turner case, and the Owusu case). This series of rulings from the ECJ raises several questions. Most observers have questioned the appropriateness of prescribing a blind application of European rules on jurisdiction by domestic courts, relying on the legal traditions of EC Member States usually providing for corrective mechanisms - such as 'forum non conveniens' in English Law and 'exception de fraude' in French Law - in cases when a party abusively triggers the jurisdiction of a court in order to obtain an unjust advantage, thus practising unacceptable forum shopping. The time has now come for an analysis, under both Community and comparative law, of the ramifications of the recent Gasser/Turner/Owusu cases. Readers will find in this book a collection of studies by some of the leading English and French experts today, analysing the ins and outs of jurisdiction and forum shopping in Europe.
Book Synopsis Legal Pluralism in the Holy City by : Dr Ido Shahar
Download or read book Legal Pluralism in the Holy City written by Dr Ido Shahar and published by Ashgate Publishing, Ltd.. This book was released on 2015-09-28 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers fresh perspectives on the phenomenon of legal pluralism, on shari'a law in practice and on Palestinian-Israeli relations in the divided city of Jerusalem. The study is based on participant observations in the studied shari'a court in contemporary West Jerusalem, as well as on textual and legal analyses of court cases and rulings, and suggests an organizational-institutional approach to legal pluralism, which examines not only the relations between bodies of law but also the relations between courts of law serving the same population.
Download or read book Libel Tourism written by Avi Bell and published by Jerusalem Ctr Public Affairs. This book was released on 2008 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt: When an armed force holds territory beyond the borders of its own nation, "occupation" is the term that most readily comes to mind. It may be difficult to think of a more felicitous term to describe the factual situation. But not all the broad spectrum of factual situations that we commonly think of as "occupation" fall within the limited scope of the term "occupation" as defined in international law. Not every situation we refer to as "occupation" is subject to the international legal regime that regulates occupation and imposes obligations upon the occupier.
Book Synopsis Forum Shopping and International Commercial Law by : Franco Ferrari
Download or read book Forum Shopping and International Commercial Law written by Franco Ferrari and published by . This book was released on 2020 with total page 106 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Commentators and courts disagree on such fundamental issues as the definition of forum shopping and whether it is an 'unsung virtue' or an untrammelled vice. Disagreements persist on how to deal with 'virtuous' forum shopping or how best to proscribe 'evil' forum shopping, if such a distinction can at all be made. The articles reprinted in this two-volume collection illuminate, explore and contest these questions. Volume I analyses the definitions and purposes of forum shopping, the right and duty to practise it and how it relates to private international law. Volume II focuses on the link between forum shopping and uniform substantive law as well as discussing jurisdictional issues and arbitration. Together with an introduction by the editors, this collection provides a comprehensive overview of the topic and will prove useful to academics, students and practitioners alike"--
Book Synopsis Jurisdiction in International Litigation by : Mary Keyes
Download or read book Jurisdiction in International Litigation written by Mary Keyes and published by Federation Press. This book was released on 2005 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transport and communications technologies have made international disputes common, and a frequent practical issue is which country or countries have jurisdiction to resolve the dispute. Existing literature on private international law tends to emphasize choice of law rather than jurisdiction. Cases tend to show that the practical significance of Jurisdiction has yet to be appreciated. This groundbreaking book fills in these gaps and offers a critical analysis of the principles and the theoretical foundations applied to resolve private international jurisdictional disputes and of the manner in which those principles are applied in practice by: Describing the context in which international jurisdiction disputes are determined Explaining and critically analysing the principles of jurisdiction Explaining and critically analysing the manner in which the principles are applied Identifying the interests which motivate principles and the courts' application of the principles Recommending reforms to the principles by demonstrating that the existing principles of jurisdiction are flawed, and ought to be reformed by taking into account the law's objectives, defined by relevance to state and private interests.
Book Synopsis Forum Shopping in International Investment Law by : Björn P. Ebert
Download or read book Forum Shopping in International Investment Law written by Björn P. Ebert and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bjorn P. Ebert analyses forum shopping in international investment law. He focuses on investment treaty and investment contract arbitration, and concludes that forum shopping is legal and legitimate as long as it is not subject to particular limitations derived from applicable law. He assumes that forum shopping is generally a legitimate procedural technique that both parties to the dispute may employ in order to maximise the protection offered to international investment by international law. To validate the underlying thesis, the author analyses and differentiates between different manifestations of forum shopping. The main manifestations are categorised in three categories: forum planning, forum enhancement, and facilitation of procedure. Each category contains different forum shopping techniques. Bjorn P. Ebert examines and defines limitations for each category, as well as the manifestations of forum shopping that are assigned to them. He thereby addresses several issues of international investment arbitration that are essential to the perceived problem of forum shopping.
Book Synopsis Forum Shopping in International Disputes by : Aletta Mondré
Download or read book Forum Shopping in International Disputes written by Aletta Mondré and published by Springer. This book was released on 2015-10-29 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a dispute, governments weigh up their options when selecting between various dispute settlement mechanisms. By scrutinising the interaction of institutional design with state interests, this book analyses why particular forums are selected in maritime boundary disputes.
Book Synopsis Rethinking Forum Shopping in Cyberspace by : Kimberly A. Moore
Download or read book Rethinking Forum Shopping in Cyberspace written by Kimberly A. Moore and published by . This book was released on 2002 with total page 23 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Freedom of Establishment and Private International Law for Corporations by : Paschalis Paschalidis
Download or read book Freedom of Establishment and Private International Law for Corporations written by Paschalis Paschalidis and published by OUP Oxford. This book was released on 2012-03-29 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: Freedom of establishment is one of the four fundamental freedoms of the European Union. The principle is that natural persons who are European Union Citizens, and legal entities formed in accordance with the law of a Member State and having its registered office, central administration or principal place of business within the EU, may take up economic activity in any Member State in a stable and continuous form regardless of nationality or mode of incorporation. This book examines the way in which EU law has influenced how national courts in Europe assert jurisdiction in cross-border corporate disputes and insolvencies, and the mechanism which allows them to decide which national law should apply to the substance of the dispute. The book also considers the potential for EU Member States to compete for devising national corporate and insolvency legislation that will attract incorporations or insolvencies. Central to the book is the concept of national choice of law. In considering the impact of freedom of establishment on private international law for corporations, the book uniquely analyses both corporate and insolvency law together, presenting the topic in the broadest possible sense. Importantly, the doctrine of abuse in corporate and insolvency law is covered, raising the question of 'forum shopping' and regulatory competition which underpins the intersection between freedom of establishment and private international law. Through examination of the most recent and leading judgments of the European Court of Justice in Centros and Cadbury Schweppes, the book derives certain conclusions as to the operation of the doctrine of abuse and the limits thereof in the context of freedom of establishment. Being the first in the field to examine the leading ECJ cases of Inspire Art, Sevic and Cartesio regarding the real seat doctrine, the book makes the judgment that there is no incompatibility as such between the doctrine and the freedom of establishment. Ultimately, the book analyses to what extent diversity in the corporate and insolvency laws of the Member States should be preserved, so as to encourage competition between jurisdictions in Europe.
Book Synopsis Forum Shopping by : Carel J. H. Lynden (baron van.)
Download or read book Forum Shopping written by Carel J. H. Lynden (baron van.) and published by Informa Law from Routledge. This book was released on 1998 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the various international conventions and their operations in relation to the maritime law of 22 individual states.
Book Synopsis Human Rights Norms in ‘Other' International Courts by : Martin Scheinin
Download or read book Human Rights Norms in ‘Other' International Courts written by Martin Scheinin and published by Cambridge University Press. This book was released on 2019-07-25 with total page 517 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the role and impact of human rights norms in international courts other than human rights courts
Book Synopsis Forum Shopping in the International Commercial Arbitration Context by : Franco Ferrari
Download or read book Forum Shopping in the International Commercial Arbitration Context written by Franco Ferrari and published by Sellier European Law Publishers. This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Table of Contents Preface Forum Shopping in the International Commercial Arbitration Context: Setting the Stage Franco Ferrari -- A U.S. Perspective on Forum Shopping, Ethical Obligations, and International Commercial Arbitration Aaron D. Simowitz -- Forum Shopping and the Determination of the Place of Arbitration Filip De Ly-- Forum Shopping at the „Gateway" to International Commercial Arbitration George A. Bermann -- Anti-arbitration Injunctions and Anti-suit Injunctions: An Anglo-European Perspective Alexander Layton -- Enforcing Orders Against Third Parties (and Parties) for the Taking of Evidence in International Arbitration John Fellas --Interim Measures - Relevance of the Courts at the Place of Arbitration and Other Places Christopher Boog -- Courts and the Constitution of the Arbitral Tribunal: A Comparative Analysis of Standards of Arbitrator Independence and Impartiality Robert H. Smit -- Forum Shopping in International Arbitration - Forum Non Conveniens and Lack of Personal Jurisdiction Peter B. Rutledge -- Setting Aside of Arbitral Awards and Forum Shopping in International Arbitration: Delocalization, Party Autonomy and National Courts in Post-Award Review Loukas Mistelis -- Forum Shopping and Enforcement of Foreign Arbitral Awards: Notes on Public Policy Domenico Di Pietro -- Forum-Shopping and Post-Award Judgments Linda Silberman/Maxi Scherer -- Making Remission and Other "Curative" Mechanisms Part of the Forum Shopping Conversation - A View from the U.S. with Comparative Notes Jack J. Coe Jr. --Enforcement after the Arbitration: From National Courts to Public International Law Fora D. Brian King/Rahim Moloo.
