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Issues In Parallel Proceedings
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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.
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.
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:
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.
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.
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.
Book Synopsis Contemporary and Emerging Issues on the Law of Damages and Valuation in International Investment Arbitration by : Christina L. Beharry
Download or read book Contemporary and Emerging Issues on the Law of Damages and Valuation in International Investment Arbitration written by Christina L. Beharry and published by BRILL. This book was released on 2018-04-03 with total page 516 pages. Available in PDF, EPUB and Kindle. Book excerpt: Damages and other forms of redress are the object of nearly every international investment dispute. Given the financial stakes in these cases, compensation is a key concern for both foreign investors and States. The increasingly large sums awarded and the growing complexity of claims call for a renewed analysis of legal and valuation concepts related to damages. Contemporary and Emerging Issues on the Law of Damages and Valuation in International Investment Arbitration, edited by Christina L. Beharry, examines a broad range of damages topics, building on basic principles and surveying current developments to identify trends in the jurisprudence. A central contribution of this book is its exploration of cutting-edge issues dominating a new generation of investment awards and the interconnectedness of damages with other areas of international investment law. This volume brings together leading practitioners, experts, and academics with extensive experience working on issues related to the law of damages and the quantification of compensation. Readers are provided with a deeper understanding of legal and valuation principles that are often the source of intense debate in international investment cases.
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:
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.
Book Synopsis Grand Jury Practice by : Howard W. Goldstein
Download or read book Grand Jury Practice written by Howard W. Goldstein and published by Law Journal Press. This book was released on 2021-11-28 with total page 840 pages. Available in PDF, EPUB and Kindle. Book excerpt: You'll find extensive discussion of the composition and conduct of the grand jury, joint defense agreements, evidentiary issues, grand jury secrecy, and many other constitutional issues.
Book Synopsis Contemporary Issues in International Arbitration and Mediation by : Arthur W. Rovine
Download or read book Contemporary Issues in International Arbitration and Mediation written by Arthur W. Rovine and published by BRILL. This book was released on 2008 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2007 volume of Contemporary Issues in International Arbitration and Mediation - The Fordham Papers is a collection of important works in international arbitration and mediation written by the prominent speakers at the 2007 Fordham Law School Conference on International Arbitration and Mediation. The 24 papers are organized into the following five parts:Part I: Investor-State ArbitrationPart II: Conduct of International Arbitration and Jurisdictional IssuesPart III: Remedies and DefensesPart IV: Ethics Issues in International ArbitrationPart V: Mediation
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.
Book Synopsis Twilight Issues in International Arbitration by : George Bermann
Download or read book Twilight Issues in International Arbitration written by George Bermann and published by Kluwer Law International B.V.. This book was released on 2023-03-09 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: There are many issues of arbitral practice that remain largely unaddressed, or very poorly addressed, in the sources to which tribunals and counsel conventionally turn for procedural guidance: the arbitration agreement, the lex arbitri and rules of procedure. This book brings together the most frequently recurring of such “twilight” issues—so-called because all participants in the arbitral process, when facing them, find themselves “in the dark”—showing in each case where it is best for arbitrators, counsel, and parties to look for solutions offering logic, certainty and predictability. The issues ably covered by the author include, among others, the following: Is a non-signatory bound by or entitled to invoke an arbitration agreement? When may res judicata or collateral estoppel subject? Should a tribunal issue an anti-suit injunction? When may a tribunal treat as mandatory a law other than the chosen one? On what basis may a witness invoke testimonial privilege? When may a tribunal sanction counsel for what it considers misconduct? By what standards is a determination of corruption to be made? How should a tribunal determine the interest rate applicable to an award? On what basis are costs to be allocated? Examining in turn the guidance that may be provided by normative sources—national law (and if so, which one?), simple exercise of good judgment, or “international standards” derived from soft law, arbitral jurisprudence, international law, and scholarly and professional commentary—the analysis clearly shows how, when conventional sources of legal guidance are unavailing, decisions on important matters of arbitral practice and procedure are best made. The book will prove of major relevance and value to any and all stakeholders in the international arbitral process, whether commercial or investor-state.
Book Synopsis Admissibility of Shareholder Claims under Investment Treaties by : Gabriel Bottini
Download or read book Admissibility of Shareholder Claims under Investment Treaties written by Gabriel Bottini and published by Cambridge University Press. This book was released on 2020-09-17 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses a growing problem in international law: overlapping claims before national and international jurisdictions. Its contribution is, first, to revisit two pillars of investment arbitration, i.e., shareholders' standing to claim for harm to the company's assets and the contract/treaty claims distinction. These two ideas advance interrelated (and questionable) notions of independence: firstly, independence of shareholder treaty rights in respect of the local company's national law rights and, secondly, independence of treaty claims in respect of national law claims. By uncritically endorsing shareholder standing in indirect claims and the distinctiveness of treaty claims, investment tribunals have overlooked substantive overlaps between contract and treaty claims. The book also proposes specific admissibility criteria. As opposed to strictly jurisdictional approaches to claim overlap, the admissibility approach allows consideration of a broader range of legal reasons, such as risks of multiple recovery and prejudice to third parties.
Book Synopsis Private International Law Issues in Online Intellectual Property Infringement Disputes with Cross-Border Elements by : World Intellectual Property Organization
Download or read book Private International Law Issues in Online Intellectual Property Infringement Disputes with Cross-Border Elements written by World Intellectual Property Organization and published by WIPO. This book was released on 2015-09-15 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: The objective of this report is to contribute to the understanding of the issues at the interface between private international law and intellectual property through an empirical study, and to identify possible future activities in this area.
Book Synopsis Securities Arbitration: Practice and Forms by : W. Reece Bader
Download or read book Securities Arbitration: Practice and Forms written by W. Reece Bader and published by Juris Publishing, Inc.. This book was released on 2013-12-01 with total page 1162 pages. Available in PDF, EPUB and Kindle. Book excerpt: Securities Arbitration: Practice and Forms is the leading start-to-finish guide and reference to the entire arbitration process for all types of participants, including public investors and their counsel, representatives of brokerage firms and other financial institutions (including inside counsel, outside counsel, and compliance directors and their staffs), members of the staffs of sponsoring organizations, and arbitrators themselves. This publication is an efficient tool that can be readily used by all participants at every stage in the arbitration process to deal with the various issues, questions and problems that arise in such proceedings. It has been written as a comprehensive text with special emphasis on practice and procedure. The features include checklists, sample forms and pleadings and other practice aids, as well as, where possible, practical advice from the author, found throughout the text and on the accompanying CD-ROM. Securities Arbitration: Practice and Forms is a required reference and guide for all those involved, or potentially involved, in the Securities Arbitration process All of the accompanying sample pleadings and forms are included on a CD-ROM in PDF
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.
