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Author : Joseph William Singer
Publisher :
ISBN 13 : 9781531016524
Total Pages : 614 pages
Book Rating : 4.0/5 (165 download)
Download or read book Choice of Law written by Joseph William Singer and published by . This book was released on 2020-06-25 with total page 614 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Neil Kaplan
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041186387
Total Pages : 442 pages
Book Rating : 4.0/5 (411 download)
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 442 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.
Author : Dean Symeon C. Symeonides
Publisher : Oxford University Press
ISBN 13 : 0190496746
Total Pages : 800 pages
Book Rating : 4.1/5 (94 download)
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.
Author : David Cavers
Publisher :
ISBN 13 : 9780472750658
Total Pages : 0 pages
Book Rating : 4.7/5 (56 download)
Download or read book The Choice-Of-Law Process written by David Cavers and published by . This book was released on with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A New York nature study society operates a camp in upstate New York. A truckload of campers goes on a nature study trip to Massachusetts. There, the truck driver's negligence seriously injures a camper. Under New York law, the camper may recover damages from the society; under Massachusetts law, the society is immune from liability. But which law is to apply? Legal scholars in twelfth-century Italian city states grappled with choice-of-law decisions, and choice of law perplexes American jurists today. In The Choice-of-Law Process David F. Cavers of Harvard Law School, after a brief historical review, discusses the far-reaching changes taking place in that process. American legal scholars writing in the last thirty years have undermined the traditional method of deciding choice-of-law cases. With increasing frequency courts are now reexamining choice-of-law process and doctrine. Cavers uses the camper's case and four other imaginary cases--before a court whose judges plainly resemble certain contemporary scholars--to illustrate methods of deciding choice-of-law cases that are currently competing for acceptance. After an evaluation of these methods, Cavers suggests the judicial development of principles of preference to guide courts in resolving "true conflicts" and submits examples of such principles. Concluding chapters consider the roles of the federal courts, statutes, treaties, and civil procedure. In this period of transition, Cavers's book is timely and constructive. The Thomas M. Cooley Lectureship, established in honor of the University of Michigan Law School's first great legal scholar, is designed to stimulate research and bring its results to the attention of the general public as well as of the legal profession.
Author : Oxford Editor
Publisher :
ISBN 13 : 9780198840107
Total Pages : 1392 pages
Book Rating : 4.8/5 (41 download)
Download or read book Choice of Law in International Commercial Contracts written by Oxford Editor and published by . This book was released on 2021-03 with total page 1392 pages. Available in PDF, EPUB and Kindle. Book excerpt: This global study provides a definitive reference guide to the key choice of law principles on international contracts, including 60 national and regional reports written by experts from all parts of the world, and a dedicated commentary on the Hague Principles as applied to international commercial arbitration.
Author : Alex Mills
Publisher : Cambridge University Press
ISBN 13 : 1107079179
Total Pages : 595 pages
Book Rating : 4.1/5 (7 download)
Download or read book Party Autonomy in Private International Law written by Alex Mills and published by Cambridge University Press. This book was released on 2018-08-16 with total page 595 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides an unprecedented historical, theoretical and comparative analysis and appraisal of party autonomy in private international law. These issues are of great practical importance to any lawyer dealing with cross-border legal relationships, and great theoretical importance to a wide range of scholars interested in law and globalisation.
Author : Friedrich K. Juenger
Publisher : Brill Nijhoff
ISBN 13 : 9781571053305
Total Pages : 0 pages
Book Rating : 4.0/5 (533 download)
Download or read book Choice of Law and Multistate Justice written by Friedrich K. Juenger and published by Brill Nijhoff. This book was released on 2005 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contains "the original text with a set of comments by experts in the field."
Author : Okezie Chukwumerije
Publisher : Praeger
ISBN 13 : 0899308783
Total Pages : 0 pages
Book Rating : 4.8/5 (993 download)
Download or read book Choice of Law in International Commercial Arbitration written by Okezie Chukwumerije and published by Praeger. This book was released on 1994-06-20 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: International commercial arbitration poses unique challenges to the choice of law. Laws relating to the arbitration agreement, arbitral procedure, and the merits of a dispute must all be applied in light of vital national interests and transnational public policy. State contracts pose additional problems. The legislative, judicial, and arbitral practices in major jurisdictions are analyzed to give the reader a view of the major trends in international commercial arbitration. Practitioners in international commercial arbitration, international lawyers interested in dispute resolution, and students of international commercial law and the conflict of laws will find this book of special interest.
Author : Adrian Briggs
Publisher : Oxford Private International L
ISBN 13 : 9780199282302
Total Pages : 0 pages
Book Rating : 4.2/5 (823 download)
Download or read book Agreements on Jurisdiction and Choice of Law written by Adrian Briggs and published by Oxford Private International L. This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes the law and practice relating to the classification, drafting, validity and enforcement of contracts relating to jurisdiction and choice of law. The focus is on English law, EU law and common law measures, but there is also some comparative material built in. The book will be useful in particular to practicing lawyers seeking to draft, interpret or enforce the types of contract discussed, but the in-depth discussion will also be valuable to academic lawyers specializing in private international law. Written by an academic who is also a practicing barrister, this book gives in-depth coverage of how the instruments and principles of private international law can be used for the resolution of cross-border or multi-jurisdictional disputes. It examines the operation and application of the Brussels Regulation, the Rome Convention and the Hague Convention on Exclusive Choice of Court Agreements in such disputes, but also discusses the judgments and decisions of the courts in significant cases such as Turner v Grovit, Union Discount v Zoller, and De Wolf v Cox. Much of the book is given over to practical evaluation of how agreements on jurisdiction and choice of law should be put together, with guidance on, amongst other things, drafting of the agreements (including some sample clauses), severability of agreements, consent, and the resolution of disputes by arbitration.
Author : Sagi Peari
Publisher : Oxford University Press
ISBN 13 : 019062230X
Total Pages : 345 pages
Book Rating : 4.1/5 (96 download)
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.
Author : Mary Keyes
Publisher : Springer Nature
ISBN 13 : 3030239144
Total Pages : 528 pages
Book Rating : 4.0/5 (32 download)
Download or read book Optional Choice of Court Agreements in Private International Law written by Mary Keyes and published by Springer Nature. This book was released on 2019-10-18 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book highlights the importance of optional choice of court agreements, and the need for future research and legal development in this area. The law relating to choice of court agreements has developed significantly in recent years, reflecting their increased use in practice. However, most recent legal developments concern exclusive choice of court agreements. In comparison, optional choice of court agreements, also called permissive forum selection clauses and non-exclusive jurisdiction clauses, have attracted little attention from lawmakers or commentators. This collection is comprised of 19 National Reports, providing a critical analysis of the legal treatment of optional choice of court agreements, including asymmetric choice of court agreements, under national laws as well as under multilateral instruments. It also includes a General Report offering an overview of this area of the law and a synthesis of the findings of the national reporters. The contributions to this collection show that the legal treatment of optional choice of courts differs between legal systems. In some countries, the law on the effect of optional choice of court agreements is at an early stage in its development, whereas in others the law is relatively advanced. Irrespective of this, the national reporters identify unresolved issues with the effect of optional choice of court agreements, where the law is unclear or the cases are conflicting, demonstrating that this topic warrants greater attention. This book is of interest to judges, legislators, lawyers, academics and students who are concerned with private international law and international civil procedure.
Author : Symeon Symeonides
Publisher : BRILL
ISBN 13 : 9004435883
Total Pages : 1920 pages
Book Rating : 4.0/5 (44 download)
Download or read book Choice of Law in Practice written by Symeon Symeonides and published by BRILL. This book was released on 2020-12-15 with total page 1920 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a true treasure trove of original research, incisive observations, and useful practical pointers. Written by an author who has read more than sixty thousand conflicts decisions in the last thirty years, the book skillfully guides American and foreign readers through the labyrinthine alleys of American choice-of-law litigation in the last twenty years and distills the resulting lessons for attorneys, academics, and lawmakers.
Author : Edward P. Stringham
Publisher : Transaction Publishers
ISBN 13 : 1412808901
Total Pages : 715 pages
Book Rating : 4.4/5 (128 download)
Download or read book Anarchy and the Law written by Edward P. Stringham and published by Transaction Publishers. This book was released on 2011-12-31 with total page 715 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private-property anarchism, also known as anarchist libertarianism, individualist anarchism, and anarcho-capitalism, is a political philosophy and set of economic and legal arguments that maintains that, just as the markets and private institutions of civil society provide food, shelter, and other human needs, markets and contracts should provide law and that the rule of law itself can only be understood as a private institution. To the libertarian, the state and its police powers are not benign societal forces, but a system of conquest, authoritarianism, and occupation. But whereas limited government libertarians argue in favor of political constraints, anarchist libertarians argue that, to check government against abuse, the state itself must be replaced by a social order of self-government based on contracts. Indeed, contemporary history has shown that limited government is untenable, as it is inherently unstable and prone to corruption, being dependent on the interest-group politics of the state's current leadership. Anarchy and the Law presents the most important essays explaining, debating, and examining historical examples of stateless orders. Section I, "Theory of Private Property Anarchism," presents articles that criticize arguments for government law enforcement and discuss how the private sector can provide law. In Section II, "Debate," limited government libertarians argue with anarchist libertarians about the morality and viability of private-sector law enforcement. Section III, "History of Anarchist Thought," contains a sampling of both classic anarchist works and modern studies of the history of anarchist thought and societies. Section IV, "Historical Case Studies of Non-Government Law Enforcement," shows that the idea that markets can function without state coercion is an entirely viable concept. Anarchy and the Law is a comprehensive reader on anarchist libertarian thought that will be welcomed by students of government, political science, history, philosophy, law, economics, and the broader study of liberty.
Author : Hanoch Dagan
Publisher : Cambridge University Press
ISBN 13 : 1107135982
Total Pages : 195 pages
Book Rating : 4.1/5 (71 download)
Download or read book The Choice Theory of Contracts written by Hanoch Dagan and published by Cambridge University Press. This book was released on 2017-04-17 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Choice Theory of Contracts is an engaging landmark that shows, for the first time, how freedom matters to contract.
Author : Jonathan Wallace
Publisher : HarperCollins
ISBN 13 : 0544188691
Total Pages : 336 pages
Book Rating : 4.5/5 (441 download)
Download or read book Webster's New World Law Dictionary written by Jonathan Wallace and published by HarperCollins. This book was released on 2013-03-21 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written in plain English, Webster's New World Law Dictionary is much easier to understand than typical legal documents. * Clear, concise, and accurate definitions of more than 4,000 legal terms * Coverage of terms from all areas of law, including criminal law, contracts, evidence, constitutional law, property law, and torts * Common abbreviations, foreign words and phrases, and a full copy of the United States Constitution, including the Bill of Rights and all subsequent amendments In addition to those in the legal field, this desk reference is invaluable to journalists, researchers, lay people dealing with legal issues, and even those who simply want to use legal terms correctly in order to make their points more convincingly.
Download or read book Choice-of-law Problems in International Commercial Arbitration (Volume 289). written by and published by . This book was released on 2001 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Maria Hook
Publisher : Bloomsbury Publishing
ISBN 13 : 1849467641
Total Pages : 285 pages
Book Rating : 4.8/5 (494 download)
Download or read book The Choice of Law Contract written by Maria Hook and published by Bloomsbury Publishing. This book was released on 2016-09-22 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on author's thesis (doctoral - Victoria University of Wellington, 2014).
