Public and Private International Laws, Aspects of the Resolution of Disputes Between Foreign Banks and Chinese Sovereign Borrowers

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Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (654 download)

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Book Synopsis Public and Private International Laws, Aspects of the Resolution of Disputes Between Foreign Banks and Chinese Sovereign Borrowers by :

Download or read book Public and Private International Laws, Aspects of the Resolution of Disputes Between Foreign Banks and Chinese Sovereign Borrowers written by and published by . This book was released on 1999 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Resolution of Disputes Between Foreign Banks and Chinese Sovereign Borrowers

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Author :
Publisher :
ISBN 13 :
Total Pages : 264 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Resolution of Disputes Between Foreign Banks and Chinese Sovereign Borrowers by : Yiming Shen

Download or read book Resolution of Disputes Between Foreign Banks and Chinese Sovereign Borrowers written by Yiming Shen and published by . This book was released on 2000 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Toward a New Framework for Peaceful Settlement of China's Territorial and Boundary Disputes

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004174281
Total Pages : 257 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Toward a New Framework for Peaceful Settlement of China's Territorial and Boundary Disputes by : Junwu Pan

Download or read book Toward a New Framework for Peaceful Settlement of China's Territorial and Boundary Disputes written by Junwu Pan and published by Martinus Nijhoff Publishers. This book was released on 2009 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: As China becomes more integrated in global economic and political systems, it has become inevitable that it engages fully and actively in the international legal system. Notably missing in China s international engagement is its participation in international institutions on third party settlement of disputes, including territorial and boundary disputes. This work argues that, contrary to conventional understanding, much could be gained by China if it were to have a more positive attitude towards third-party settlement of its territorial and boundary disputes. This volume examines both the problems and opportunities China is confronting within the changing international context and offers new frameworks for settlement of China s major territorial and boundary disputes.

Resolution of Disputes Between Foreign Banks and Chinese Sovereign Borrowers:Public and Private International Law Aspects

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Publisher : Springer
ISBN 13 : 9789041197894
Total Pages : 268 pages
Book Rating : 4.1/5 (978 download)

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Book Synopsis Resolution of Disputes Between Foreign Banks and Chinese Sovereign Borrowers:Public and Private International Law Aspects by : Yiming Shen

Download or read book Resolution of Disputes Between Foreign Banks and Chinese Sovereign Borrowers:Public and Private International Law Aspects written by Yiming Shen and published by Springer. This book was released on 2000-08-07 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book recognizes the need for a unique international dispute resolution forum that addresses intricate political and diplomatic considerations and issues of state sovereignty, issues that typically arise from disputes regarding state contracts between national governments and private foreign parties. The work addresses several problematic private and public international law issues in sovereign debt litigation, including the state immunity theory, the act of state doctrine, forum non conveniences, and the difficulty in enforcing foreign judgements. It offers a comprehensive survey of the many choices open to a foreign bank operator in planning a dispute resolution strategy in China, analyzing the strengths and weaknesses of each process, and examining a series of case studies by way of illustration." -- BACK COVER.

Party Autonomy in Contractual Choice of Law in China

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Publisher : Cambridge University Press
ISBN 13 : 1316766756
Total Pages : 378 pages
Book Rating : 4.3/5 (167 download)

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Book Synopsis Party Autonomy in Contractual Choice of Law in China by : Jieying Liang

Download or read book Party Autonomy in Contractual Choice of Law in China written by Jieying Liang and published by Cambridge University Press. This book was released on 2018-03-22 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: The principle of party autonomy in contractual choice of law is widely recognised in the law of most jurisdictions. It has been more than 30 years since party autonomy was first accepted in Chinese private international law. However, the legal rules provided in legislation and judicial interpretations concerning the application of the party autonomy principle are abstract and open-ended. Without a critical understanding of the party autonomy principle and appropriate interpretations of the relevant legal rules, judges have not exercised their discretionary power appropriately. The party autonomy principle has been applied in a way that undermines its very purpose, that is, to protect the legitimate expectations of the parties and promote the predictability of outcomes in transnational commercial litigation. Jieying Liang addresses the question of how, when, and with what limitations, parties' choice of law clauses in an international commercial contract should be enforced by Chinese courts.

Interregional Recognition and Enforcement of Civil and Commercial Judgments

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Publisher : Bloomsbury Publishing
ISBN 13 : 1782253718
Total Pages : 352 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Interregional Recognition and Enforcement of Civil and Commercial Judgments by : Jie (Jeanne) Huang

Download or read book Interregional Recognition and Enforcement of Civil and Commercial Judgments written by Jie (Jeanne) Huang and published by Bloomsbury Publishing. This book was released on 2014-11-01 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judgment recognition and enforcement (JRE) between the US states, between EU Member States, and between mainland China, Hong Kong and Macao, are all forms of 'interregional JRE'. This extensive comparative study of the three most important JRE regimes focuses on what lessons China can draw from the US and the EU in developing a multilateral JRE arrangement for mainland China, Hong Kong and Macao.Mainland China, Hong Kong and Macao share economic, geographical, cultural, and historical proximity to one another. The policy of 'One Country, Two Systems' also provides a quasi-constitutional regime for the three regions. However, there is no multilateral JRE scheme among them, as there is in the US and the EU; and it is harder to recognise and enforce sister-region judgments in China than in the US and the EU. The book analyses the status quo of JRE in China and explores its insufficiencies; it proposes a multilateral JRE arrangement for Chinese regions to alleviate current JRE difficulties; and it also provides solutions for the macro and micro challenges of establishing a multilateral arrangement, drawing upon the rich literature on JRE regimes found in the US and the EU. ENDORSEMENTS 'Professor Huang has completed a highly readable and comprehensive study of the issues governing recognition and enforcement of judgments among the three distinct legal regimes of the People's Republic of China...Her ideas will surely enrich the Chinese debate as well as provide interesting scholarly material for non-Chinese seeking greater understanding of legal reform in the PRC'. Peter D Trooboff, Senior Counsel, Covington & Burling LLP, Washington DC, USA 'The book shows meticulous, analytical and comparative scholarship. Dr Huang's proposal of a multilateral arrangement makes an original and valuable contribution to the study of interregional judgment recognition and enforcement among Mainland China, Hong Kong, and Macao'. Renshan Liu, Professor and Dean, Law School of Zhongnan University of Economics and Law, China 'Dr Huang's timely work provides an insightful analysis of one of the more vexed aspects of the inter-regional legal relations in Greater China. Her careful investigation makes a valuable contribution to the academic and practical work on the recognition and enforcement of judgments between China and her two special administrative regions. The comparative approach she adopts represents the true utility of comparativism for legal scholarship'. Bing Ling, Professor of Chinese Law, Sydney Law School, Australia PREFACE AND FOREWORD Please click on the link below to read the preface and foreword: www.hartpub.co.uk/Huang_Preface_Foreword.pdf The book won the First Prize for Excellent Scholarship awarded by the China Society of Private International Law in 2015.

China's Three Decades of Economic Reforms

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Publisher : Routledge
ISBN 13 : 1135256772
Total Pages : 481 pages
Book Rating : 4.1/5 (352 download)

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Book Synopsis China's Three Decades of Economic Reforms by : Xiaohui Liu

Download or read book China's Three Decades of Economic Reforms written by Xiaohui Liu and published by Routledge. This book was released on 2009-09-10 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the thirty years since China initiated economic reforms and its open-door policy, China has been transformed from a poor nation almost completely isolated from the global economy to an engine of growth of the world economy. China’s dynamic transition has been among the most dramatic developments of recent history; and its economy continues to grow rapidly, with important consequences for China’s own society and environment, as well as for the wider world. This book provides a fascinating insight into a wide range of issues on Chinese economy and its three decades of economic reforms. With well-researched, in-depth and comprehensive coverage of key topics, using the latest research findings, this book covers Chinese monetary policy and financial sector reforms; China’s income disparities; the emergence of China’s business groups; the implications of foreign direct investment and innovation and technological developments. The book will be an indispensable guide to scholars, entrepreneurs, policy-makers and all who are interested in China’s economic affairs.

Sovereign Debt Restructurings 1950-2010

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Publisher : International Monetary Fund
ISBN 13 : 1475505531
Total Pages : 128 pages
Book Rating : 4.4/5 (755 download)

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Book Synopsis Sovereign Debt Restructurings 1950-2010 by : Mr.Udaibir S. Das

Download or read book Sovereign Debt Restructurings 1950-2010 written by Mr.Udaibir S. Das and published by International Monetary Fund. This book was released on 2012-08-01 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper provides a comprehensive survey of pertinent issues on sovereign debt restructurings, based on a newly constructed database. This is the first complete dataset of sovereign restructuring cases, covering the six decades from 1950–2010; it includes 186 debt exchanges with foreign banks and bondholders, and 447 bilateral debt agreements with the Paris Club. We present new stylized facts on the outcome and process of debt restructurings, including on the size of haircuts, creditor participation, and legal aspects. In addition, the paper summarizes the relevant empirical literature, analyzes recent restructuring episodes, and discusses ongoing debates on crisis resolution mechanisms, credit default swaps, and the role of collective action clauses.

Ibss: Economics: 2001

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Publisher : Psychology Press
ISBN 13 : 9780415284011
Total Pages : 708 pages
Book Rating : 4.2/5 (84 download)

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Book Synopsis Ibss: Economics: 2001 by : Compiled by the British Library of Political and Economic Science

Download or read book Ibss: Economics: 2001 written by Compiled by the British Library of Political and Economic Science and published by Psychology Press. This book was released on 2002-12 with total page 708 pages. Available in PDF, EPUB and Kindle. Book excerpt: IBSS is the essential tool for librarians, university departments, research institutions and any public or private institution whose work requires access to up-to-date and comprehensive knowledge of the social sciences.

Dispute Resolution Journal

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Publisher :
ISBN 13 :
Total Pages : 812 pages
Book Rating : 4.E/5 ( download)

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Book Synopsis Dispute Resolution Journal by :

Download or read book Dispute Resolution Journal written by and published by . This book was released on 2002 with total page 812 pages. Available in PDF, EPUB and Kindle. Book excerpt:

International Contracts and National Economic Regulation:Dispute Resolution Through International Commercial Arbitration

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Publisher : Springer
ISBN 13 : 9789041198105
Total Pages : 320 pages
Book Rating : 4.1/5 (981 download)

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Book Synopsis International Contracts and National Economic Regulation:Dispute Resolution Through International Commercial Arbitration by : Mahmood Bagheri

Download or read book International Contracts and National Economic Regulation:Dispute Resolution Through International Commercial Arbitration written by Mahmood Bagheri and published by Springer. This book was released on 2000-12-06 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: The growth of national economic regulation and the process of globalisation increasingly expose international transactions to an array of regulations from different jurisdictions. These developments often contribute to widespread international contractual failures when parties claim the incompatibility of their contractual obligations with regulatory laws. The author challenges conventional means of dispute resolution and argues for an interdisciplinary approach whereby disciplines such as international economic law, conflict of laws, contract law and economic regulations are functionally united to resolve international and multifaceted regulatory disputes. He identifies the normative foundation of contract law as an important determinant in this process, contending that contract law is essentially neutral and underpinned by the concept of corrective justice, while economic regulations are mainly prompted by distributive justice. Applying this corrective/distributive justice dichotomy to international contracts, the author critically assesses major conflict of laws approaches such as `proper law', `the Rome Convention' and `governmental interest analysis', which could disregard either public interest or private rights. The author, taking these theories into account, proposes an alternative two-dimensional interest analysis approach. He tests the viability of this approach with reference to arbitral awards and court decisions in various jurisdictions and concludes that it uniquely fits into the structure of international commercial arbitration. In adopting this approach arbitrators would take into account both corrective and distributive justice, and to the extent that corrective justice prevails, would be able to avert a total failure of the contract.

Dissertation Abstracts International

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Publisher :
ISBN 13 :
Total Pages : 698 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Dissertation Abstracts International by :

Download or read book Dissertation Abstracts International written by and published by . This book was released on 2000 with total page 698 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Legal Aspects of Bank Insolvency:A Comparative Analysis of Western Europe, the United States and Canada

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Publisher : Springer
ISBN 13 :
Total Pages : 216 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Legal Aspects of Bank Insolvency:A Comparative Analysis of Western Europe, the United States and Canada by : Eva Helene Gertrude Hüpkes

Download or read book The Legal Aspects of Bank Insolvency:A Comparative Analysis of Western Europe, the United States and Canada written by Eva Helene Gertrude Hüpkes and published by Springer. This book was released on 2000-09-08 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Until recent years, formal bank insolvency proceedings were rare occurrences, with governments more often than not coming to the rescue of failing banks. As a result, few studies relating to bank failure have paid much attention to the regulatory framework for failing banks and the conduct of formal bank insolvency proceedings. However, in the aftermath of the Asian financial crisis, more attention has been focused on issues of bank insolvency. Structural reforms in the banking sector of various Asian countries, in particular the implementation of effective exit rules to expel insolvent and non-viable banks from the market, have been considered of primary importance to restoring confidence in the troubled banking sector. In addition, the ability of governments within the European Union to rescue insolvent banks has been significantly limited by strict rules on competition, suggesting that failing banks will become increasingly subject to insolvency proceedings. The Legal Aspects of Bank Insolvency compares the legal framework for dealing with insolvent banks in Western Europe, the United States and Canada, identifying the distinctive features of each regime and discussing the main issues and choices in dealing with failing banks. It also examines the implications of a cross-border bank insolvency, and considers different approaches to the problems it raises, including the supranational approach of the proposed European Directive on the Reorganization and Winding-up of Credit Institutions. This work will be of value to lawmakers, to consultants and scholars engaged in technical assistance work, and to those who advise the legislators and officials involved in devising a legal framework for bank insolvency. It will also be of interest to practitioners and in-house counsel working in the field of banking and corporate law.

The Legal Aspects of Bank Insolvency:A Comparative Analysis of Western Europe, the United States and Canada

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Author :
Publisher : Springer
ISBN 13 : 9789041197696
Total Pages : 216 pages
Book Rating : 4.1/5 (976 download)

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Book Synopsis The Legal Aspects of Bank Insolvency:A Comparative Analysis of Western Europe, the United States and Canada by : Eva Hupkes

Download or read book The Legal Aspects of Bank Insolvency:A Comparative Analysis of Western Europe, the United States and Canada written by Eva Hupkes and published by Springer. This book was released on 2000-09-08 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Until recent years, formal bank insolvency proceedings were rare occurrences, with governments more often than not coming to the rescue of failing banks. As a result, few studies relating to bank failure have paid much attention to the regulatory framework for failing banks and the conduct of formal bank insolvency proceedings. However, in the aftermath of the Asian financial crisis, more attention has been focused on issues of bank insolvency. Structural reforms in the banking sector of various Asian countries, in particular the implementation of effective exit rules to expel insolvent and non-viable banks from the market, have been considered of primary importance to restoring confidence in the troubled banking sector. In addition, the ability of governments within the European Union to rescue insolvent banks has been significantly limited by strict rules on competition, suggesting that failing banks will become increasingly subject to insolvency proceedings. The Legal Aspects of Bank Insolvency compares the legal framework for dealing with insolvent banks in Western Europe, the United States and Canada, identifying the distinctive features of each regime and discussing the main issues and choices in dealing with failing banks. It also examines the implications of a cross-border bank insolvency, and considers different approaches to the problems it raises, including the supranational approach of the proposed European Directive on the Reorganization and Winding-up of Credit Institutions. This work will be of value to lawmakers, to consultants and scholars engaged in technical assistance work, and to those who advise the legislators and officials involved in devising a legal framework for bank insolvency. It will also be of interest to practitioners and in-house counsel working in the field of banking and corporate law.

Banks As Financial Advisers:A Comparative Study of English and German Law

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Author :
Publisher : Springer
ISBN 13 : 9789041198280
Total Pages : 226 pages
Book Rating : 4.1/5 (982 download)

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Book Synopsis Banks As Financial Advisers:A Comparative Study of English and German Law by : Thorsten Schlueter

Download or read book Banks As Financial Advisers:A Comparative Study of English and German Law written by Thorsten Schlueter and published by Springer. This book was released on 2001-02-02 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: Changes in banking and securities regulation since 1980 have allowed banks to expand their range of financial services far beyond mere lending, an opportunity banks have been eager to grasp. This book investigates whether the law should intervene to enforce responsibility.

Criminal Finance:The Political Economy of Money Laundering in a Comparative Legal Context

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Publisher : Springer
ISBN 13 : 9789041198648
Total Pages : 520 pages
Book Rating : 4.1/5 (986 download)

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Book Synopsis Criminal Finance:The Political Economy of Money Laundering in a Comparative Legal Context by : Kris Hinterseer

Download or read book Criminal Finance:The Political Economy of Money Laundering in a Comparative Legal Context written by Kris Hinterseer and published by Springer. This book was released on 2002-05-13 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the first cross-disciplinary analysis of money laundering - fully recognizing the activity's economic, political, and juridical dimensions - Criminal Finance clearly identifies a useful array of appropriate criteria that may be used to develop and implement effective control strategies. The book will be of immeasurable and immediate value to bankers, legislators, regulators, law enforcement authorities, and concerned lawyers and academics everywhere.

The Impact of Modern Influences on the Traditional Duties of Care, Skill, and Diligence of Company Directors

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Publisher : Springer
ISBN 13 :
Total Pages : 272 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Impact of Modern Influences on the Traditional Duties of Care, Skill, and Diligence of Company Directors by : Demetra Arsalidou

Download or read book The Impact of Modern Influences on the Traditional Duties of Care, Skill, and Diligence of Company Directors written by Demetra Arsalidou and published by Springer. This book was released on 2001-06-18 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although all are agreed that current commercial realities dramatically affect the duties owed by directors to their companies, there is as yet no consensus on what, if anything, should be done about it. Some urge reform, or at least modification, while others insist that the traditional standard which may be expressed generally as `such care as is reasonably expected, having regard to the director's knowledge and experience'--has the great merit of flexibility. In an initiative aimed at clearing this impasse, the English and Scottish Law Commissions have proposed a statutory formulation, on the grounds that this would at least bring more certainty and clarity to the applicable standards. This important book delves into the issues surrounding this debate, presenting the arguments for and against a statutory statement, with in-depth analysis of the various degrees of reform that could be brought to bear on the issue. The author approaches the subject in a variety of revealing ways: through a historical survey of standards in the United Kingdom, especially as developed through case law; through a comparative analysis with two civil law jurisdictions (France and Germany) and two other common law jurisdictions (Australia and the United States); through a doctrinal analysis derived from the extensive literature on the subject, especially concerning the relevance of the law of trusts and the tort of negligence; and through an analysis of recent UK legislative developments, particularly Section 214 of the Insolvency Act 1986 and the Company Directors Disqualification Act 1986. Practitioners and academics in company law, as well as thoughtful business people, will appreciate the depth and clarity of this analysis. Its clear-headed elucidation of a contentious issue is sure to move this important matter forward toward a timely and needed formulation, statutory or otherwise.