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The Foundation Of Choice Of Law
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Book Synopsis The Foundation of Choice of Law by : Sagi Peari
Download or read book The Foundation of Choice of Law written by Sagi Peari and published by Oxford University Press. This book was released on 2018 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the subject of choice of law as a whole and provides an analysis of its various rules, principles, doctrines and concepts. It offers a conceptual account of choice of law, called "choice equality foundation" (CEF), which aims to flesh out the normative basis of the subject. The author reveals that, despite the multiplicity of titles and labels within the myriad choice of law rules and practices of the U.S., Canadian, European, Australian, and other systems, many of them effectively confirm and crystallize CEF's vision of the subject. This alignment signifies the necessarily intimate relationship between theory and practice by which the normative underpinnings of CEF are deeply embedded and reflected in actual practical reality. Among other things, this book provides a justification of the nature and limits of such popular principles as party autonomy, most significant relationship, and closest connection. It also discusses such topics as the actual operation of public policy doctrine in domestic courts, and the relation between the notion of international human rights and international commercial dealings, and makes some suggestions about the ability of traditional rules to cope with the advancing challenges of the digital age and the Internet.
Book Synopsis Law and Justice in a Multistate World: Essays in Honor of Arthur T. von Mehren by : James Nafziger
Download or read book Law and Justice in a Multistate World: Essays in Honor of Arthur T. von Mehren written by James Nafziger and published by Martinus Nijhoff Publishers. This book was released on 2022-06-08 with total page 900 pages. Available in PDF, EPUB and Kindle. Book excerpt: For over half a century Arthur T. von Mehren has been a luminary in the fields of comparative law, private international law, and legal education. Here, fifty-eight of the world's leading scholars and jurists honor his work and outstanding contributions to the advance of knowledge and reform. The volume is divided into four illuminating sections: Part I: Jurisdiction & Judgment Part II: Choice of Law Part III: International Arbitration Part IV: Comparative & European Law Published under the Transnational Publishers imprint.
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.
Book Synopsis The Foundations of International Investment Law by : Zachary Douglas
Download or read book The Foundations of International Investment Law written by Zachary Douglas and published by OUP Oxford. This book was released on 2014-05-01 with total page 586 pages. Available in PDF, EPUB and Kindle. Book excerpt: International investment law is one of the fastest growing areas of international law. It has led to the signing of thousands of agreements, mostly in the form of investment contracts and bilateral investment treaties. Also, in the last two decades, there has been an exponential growth in the number of disputes being resolved by investment arbitration tribunals. Yet the legal principles at the basis of international investment law and arbitration remain in a state of flux. Perhaps the best illustration of this phenomenon is the wide disagreement among investment tribunals on some of the core concepts underpinning the regime, such as investment, property, regulatory powers, scope of jurisdiction, applicable law, or the interactions with other areas of international law. The purpose of this book is to revisit these conceptual foundations in order to shed light on the practice of international investment law. It is an attempt to bridge the growing gap between the theory and the practice of this thriving area of international law. The first part of the book focuses on the 'infrastructure' of the investment regime or, more specifically, on the structural arrangements that have been developed to manage foreign investment transactions and the potential disputes arising from them. The second part of the book identifies the common conceptual bases of an array of seemingly unconnected practical problems in order to clarify the main stakes and offer balanced solutions. The third part addresses the main sources of 'regime stress' as well as the main legal mechanisms available to manage such challenges to the operation of the regime. Overall, the book offers a thorough investigation of the conflicting theoretical positions underlying international investment law, testing their worth by reference to concrete issues that have arisen in the jurisprudence. It demonstrates that many of the most important practical questions arising in practice can be addressed by a carefully dosed resort to theory.
Book Synopsis Ristau's International Judicial Assistance by : David W. Bowker
Download or read book Ristau's International Judicial Assistance written by David W. Bowker and published by Oxford University Press. This book was released on 2021 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: With increased cross-border disputes in civil and commercial matters across the globe, this edition gives practicing litigators an overview of the provision of mechanisms for international judicial assistance across different legal systems. Building on Ristau's classic multi-volume work, this book brings up-to-date background and practical guidance that today's practitioners need.
Book Synopsis Lexicon of Trust & Foundation Practice by : John Goldsworth
Download or read book Lexicon of Trust & Foundation Practice written by John Goldsworth and published by Lulu.com. This book was released on 2016 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lexicon of Trust & Foundation Practice provides essential support for trustees, trust advisers, private bankers, insurers, estate practitioners and all those who need to know the meanings and importance of words and expressions concerned with trusts, private foundations and asset planning vehicles.
Book Synopsis Place of Performance by : Chukwuma Okoli
Download or read book Place of Performance written by Chukwuma Okoli and published by Bloomsbury Publishing. This book was released on 2020-05-28 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an unprecedented analysis on the place of performance. The central theme is that the place of performance is of considerable significance as a connecting factor in international commercial contracts. This book challenges and questions the approach of the European legislator for not explicitly giving special significance to the place of performance in determining the applicable law in the absence of choice for commercial contracts. It also contains, inter alia, an analogy to matters of foreign country mandatory rules, and the coherence between jurisdiction and choice of law. It concludes by proposing a revised Article 4 of Rome I Regulation, which could be used as an international solution by legislators, judges, arbitrators and other stakeholders who wish to reform their choice of law rules.
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.
Download or read book 2009 written by Andrea Bonomi and published by Walter de Gruyter. This book was released on 2010-12-23 with total page 649 pages. Available in PDF, EPUB and Kindle. Book excerpt: The current rich volume of the Yearbook attempts to strike a balance in the multifaceted expressions of the increasing importance of private international law at national and supranational levels. The vitality of private international law within the European Union is evidenced by both legislative projects and the rich case law of the European Court of Justice. While the European Commission's draft for a Regulation on succession - which probably constitutes the most detailed and ambitious attempt ever to codify PIL in this area - begins its legislative process, a new initiative on the application of foreign law is being considered by the European institutions. Both of these developments are discussed in the Doctrine section. But the newest Yearbook of PIL also examines interesting developments taking place on other continents. For example, the present volume includes a special section focusing on Chinese PIL and reports on the renewed interest with conflict of laws in the U.S. doctrine.
Download or read book 2001 written by Petar Sarcevic and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: With articles by Harry Duintjer Tebbens, David Goddard, Christoph Bernasconi, Bertrand Ancel and Frank Gerhard, Private International Law Issues in World War II Era Litigation, national reports from Germany and news from The Hague as well as texts, materials and recent developments.
Book Synopsis The Elgar Companion to UNCITRAL by : Rishi Gulati
Download or read book The Elgar Companion to UNCITRAL written by Rishi Gulati and published by Edward Elgar Publishing. This book was released on 2023-11-03 with total page 605 pages. Available in PDF, EPUB and Kindle. Book excerpt: As one of the most important international organisations in the sphere of international trade law, UNCITRAL aims to help develop and promote uniform private law internationally. This comprehensive Companion delineates the range of issues considered at UNCITRAL, as well as assessing the potential for future work and reforms.
Download or read book Boilerplate written by Omri Ben-Shahar and published by Cambridge University Press. This book was released on 2007-05-21 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: Boilerplate, the fine print of standard contracts, is more prevalent than ever in commercial trade and in electronic commerce. But what is in it, beyond legal technicalities? Why is it so hard to read and why is it often so one-sided? Who writes it, who reads it, and what effect does it have? The studies in this volume question whether boilerplate is true contract. Does it resemble a statute? Is it a species of property? Should we think of it as a feature of the product we buy? Does competition improve boilerplate? Looking at the empirical reality in which various boilerplates operate, leading private law experts reveal subtle and previously unrecognized ways in which boilerplate clauses encourage information flow, but also reduce it; how new boilerplate terms are produced, and how innovation in boilerplate is stifled; how negotiation happens in the shadow of boilerplate, and how it is subdued. They offer a new explanation as to why boilerplate is often so one-sided. With emphasis on empiricism and economic thinking, this volume provides a more nuanced understanding of the 'DNA' of market contracts, the boilerplate terms.
Book Synopsis Claims for Contribution and Reimbursement in an International Context by : Koji Takahashi
Download or read book Claims for Contribution and Reimbursement in an International Context written by Koji Takahashi and published by OUP Oxford. This book was released on 2000 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book systematically examines claims for contribution and reimbursement in an international context. As such claims are often made in third party proceedings, particularly detailed analyses are given to the conflict-of-laws dimensions of third party procedure.
Book Synopsis International Civil Litigation in United States Courts by : Gary B. Born
Download or read book International Civil Litigation in United States Courts written by Gary B. Born and published by Aspen Publishing. This book was released on 2018-04-14 with total page 1833 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Civil Litigation in United States Courts is the essential, comprehensive law school text for the current and future international litigator or international corporate lawyer. Covering all the topics discussed in competing texts and more, this casebook seamlessly combines international litigation, conflict of laws, and comparative civil procedure. This Sixth Edition includes excerpts and updated discussion of recent U.S. court decisions and legislation relating to a wide range of private and public international law topics, including foreign sovereign immunity, choice of law, antisuit injunctions, legislative jurisdiction, service of process on non-U.S. citizens, international discovery, foreign judgment enforcement, and international arbitration. Key Features: Updates on recent US Supreme Court and other significant U.S. court decisions, including Daimler AG v. Bauman, BNSF Ry. Co. v. Tyrrell, Bristol-Myers Squibb Co. v. Superior Court of Cal., Water Splash, Inc. v. Menon, and more. Updated discussion of international law and national law from Europe, the Middle East, and Asia. Revised Notes on recent developments and current topics such as terrorism, proof of foreign law, and judicial jurisdiction.
Book Synopsis International Commercial and Marine Arbitration by : Georgios I. Zekos
Download or read book International Commercial and Marine Arbitration written by Georgios I. Zekos and published by Routledge. This book was released on 2008-05-28 with total page 549 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Commercial and Marine Arbitration analyses and compares commercial-martime arbitration in a number of different legal systems including the US, the UK, Greece and Belgium. The book examines the role of the courts in arbitration in each of these countries, making reference to the latest case law, and also makes extensive reference to French, German, Italian, Austrian, Swiss and Netherlands law. Tracing the historical emergence of the modern system of commercial arbitration Georgios Zekos then goes on to present ways in which the current process of arbitration can be developed in order to make them more effective.
Book Synopsis Maritime Cross-Border Insolvency by : Erik Göretzlehner
Download or read book Maritime Cross-Border Insolvency written by Erik Göretzlehner and published by Springer. This book was released on 2019-04-03 with total page 154 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an analysis and comparison of international insolvency rules, maritime laws and their inevitable intersection in maritime cross-border insolvencies. Until today, the on-going shipping crisis resulted in the insolvency of numerous shipping companies all over the world. The tensions arising between the legal systems of maritime and insolvency law, paired with conflicts of law in maritime insolvencies, are a major source of legal uncertainty and risk. In 2010, the Comité Maritime International installed an international working group on international maritime insolvencies and until today it is work in progress. This book gives an overview on maritime insolvencies, with a focus on Germany, England & Wales and the USA, and assesses the chances of achieving meaningful harmonization in the complex scenarios, where ships as mobile assets add a further complication to international insolvency proceedings.
Book Synopsis International Commercial Disputes by : Jonathan Hill
Download or read book International Commercial Disputes written by Jonathan Hill and published by Bloomsbury Publishing. This book was released on 2010-09-28 with total page 1099 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the fourth edition of this highly regarded work on the law of international commercial litigation as practised in the English courts. As such it is primarily concerned with how commercial disputes which have connections with more than one country are dealt with by the English courts. Much of the law which provides the framework for the resolution of such disputes is derived from international instruments, including recent Conventions and Regulations which have significantly re-shaped the law in the European Union. The scope and impact of these European instruments is fully explained and assessed in this new edition. The work is organised in four parts. The first part considers the jurisdiction of the English courts and the recognition and enforcement in England of judgments granted by the courts of other countries. This part of the work, which involves analysis of both the Brussels I Regulation and the so-called traditional rules, includes chapters dealing with jurisdiction in personam and in rem, anti-suit injunctions and provisional measures. The work's second part focuses on the rules which determine whether English law or the law of another country is applicable to a given situation. The part includes a discussion of choice of law in contract and tort, with particular attention being devoted to the recent Rome I and Rome II Regulations. The third part of the work includes three new chapters on international aspects of insolvency (in particular, under the EC Insolvency Regulation) and the final part focuses on an analysis of legal aspects of international commercial arbitration. In particular, this part examines: the powers of the English courts to support or supervise an arbitration; the effect of an arbitration agreement on the jurisdiction of the English courts; the law which governs an arbitration agreement and the parties' dispute; and the recognition and enforcement of foreign arbitration awards.
