Conflicting Legal Cultures In Commercial Arbitration

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Conflicting Legal Cultures in Commercial Arbitration

Author :
Publisher :
ISBN 13 :
Total Pages : 186 pages
Book Rating : 4.:/5 (757 download)

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Book Synopsis Conflicting Legal Cultures in Commercial Arbitration by :

Download or read book Conflicting Legal Cultures in Commercial Arbitration written by and published by . This book was released on 1999 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The great strength of the arbitration process lies in its independence from any particular legal culture. Inevitably, its (cross-cultural perspective) has brought it to the fore as the preferred means of resolving international commercial disputes. The Institute of Advanced Legal Studies in London has long been concerned to promote scholarship and research in the law and practice relating to alternative dispute resolution. During its jubilee year, the Institute organised a prestigious series of lectures, which formed the basis of this book on the law pertaining to international arbitration. The nine authors bring a truly international perspective to their work Their combined experience has involved them in arbitrations In many countries in Europe, Asia, North America and South America; several of them have in addition had various posts in international diplomacy and in major international organisations. They include Dr. Christian Boris, on the civil law versus common law in arbitration culture; Professor Andreas F. Lowenfeld, on the 'mix' that creates the international arbitration process; Dr. Serge Lazareff, on the search for a common procedural approach; Sigvard Jarvin, who compares the leading international arbitration seats; Jonathon Crook, on arbitration seats in the Far East; Ambassador Malcolm R. Wilkey, on the practicalities of cross-cultural arbitration; Jean Reed Haynes, on the confidentiality of international arbitration; Dr. Horacio A. Grigera Naon, on Latin American arbitration culture; and Dr. Bernardo M. Cremades, on how interactive arbitration overcomes the clash of legal cultures. Conflicting Legal Cultures in Commercial Arbitration brings international arbitration as it is currently practised into sharp focus, and will be of great value to all practitioners, academics and students in the field."--Publisher's website.

The Legal Nature of International Commercial Arbitration and the Effects of Conflicts Between Legal Cultures

Author : Alexander J. Belohlavek
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis The Legal Nature of International Commercial Arbitration and the Effects of Conflicts Between Legal Cultures by : Alexander J. Belohlavek

Download or read book The Legal Nature of International Commercial Arbitration and the Effects of Conflicts Between Legal Cultures written by Alexander J. Belohlavek and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the course of time, several approaches to the nature and the legal basis of arbitration have evolved. These include the jurisdiction theory and then the contract, mixed and the autonomous theory. While the contract theory claims that arbitration is based exclusively on the agreement between the parties, the jurisdiction theory argues that arbitration is based on the delegation of the decision making power from the courts to the arbitrators based on the law and the legal system of the state where the arbitration takes place. Although the author does not deny the significance of agreement in arbitration, he considers the arbitration agreement to be only a condition for initiation of the arbitrators' jurisdiction, but always only on the basis of the legal framework of the state in which the dispute takes place. Arbitration cannot be held in any abstract environment. Such a regime would seriously endanger the legal certainty of the parties who must always know under what conditions the arbitration proceedings will take place and under what conditions they can exercise their rights. This regime is determined exclusively by law as the manifestation of state sovereignty. Theories about the so-called denationalization of arbitration are, according to the author, very dangerous and reveal the lack of arguments on the part of certain authors as concerns the significance of the prescribed legal framework regulating arbitration in a particular country. Arbitration has been undergoing a massive expansion in the countries of Eastern and Central Europe. The underlying cause is the fact that arbitration proceedings are often much more flexible, less formal and most of all cheaper than litigation in court. The development of arbitration in, for instance, the countries of Western Europe, or the so-called Western legal cultures, must be viewed rather critically. In these countries, on the contrary, arbitration is becoming extremely formal and, especially, very expensive. It is essential that the countries of Eastern and Central Europe maintain this standard of the so-called traditional advantages of arbitration. It is indeed a very interesting alternative to the finding of the law and the resolving of disputes through the mediation of courts [of law, state courts] as public authorities.

Conflicting Legal Cultures in Commercial Arbitration:Old Issues and New Trends

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

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Book Synopsis Conflicting Legal Cultures in Commercial Arbitration:Old Issues and New Trends by : Stefan N. Frommel

Download or read book Conflicting Legal Cultures in Commercial Arbitration:Old Issues and New Trends written by Stefan N. Frommel and published by Springer. This book was released on 1999-09-22 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The great strength of the arbitration process lies in its independence from any particular legal culture. Inevitably, its cross-cultural perspective has brought it to the fore as the preferred means of resolving international commercial disputes. The Institute of Advanced Legal Studies in London has done more than any other group to promote and sustain the development of international arbitration and to define the law and practice that has grown up around it. In a series of remarkable public lectures held during its jubilee year, the Institute reasserted its preeminent and creative role in the field of alternative dispute resolution at the international level. These lectures form the basis of the insightful papers assembled in this book. The nine authors bring a truly international perspective to their work. Their combined experience has involved them in arbitration in many countries in Europe, Asia, North America and South America; several of them have in addition had various posts in international diplomacy and in major international organisations. They include Dr Christian Borris, on the civil law versus common law in arbitration culture; Professor Andreas F. Lowenfeld, on the `mix' that creates the international arbitration process; Dr Serge Lazareff, on the search for a common procedural approach; Sigvard Jarvin, who compares the leading international arbitration seats; Jonathon Crook, on arbitration seats in the Far East; Ambassador Malcolm R. Wilkey, on the practicalities of cross-cultural arbitration; Jean Reed Haynes, on the confidentiality of international arbitration; Dr Horacio A. Grigera NaandÓn, on Latin American arbitration Culture; and Dr Bernardo M. Cremades, on how interactive arbitration overcomes the clash of legal cultures. Conflicting Legal Cultures in Commercial Arbitration brings international arbitration as it is currently practised into sharp focus, and will be of great value to all practitioners, academics and students in the field.

Conflicting Legal Cultures in Commercial Arbitration

Author : George P. Gilligan
Publisher :
ISBN 13 : 9789041196705
Total Pages : 0 pages
Book Rating : 4.1/5 (967 download)

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Book Synopsis Conflicting Legal Cultures in Commercial Arbitration by : George P. Gilligan

Download or read book Conflicting Legal Cultures in Commercial Arbitration written by George P. Gilligan and published by . This book was released on 1999 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The effect of the significant changes in tax law at domestic, European, and international levels on investment funds, an important part of global financial services, creates a complex environment for practitioners and a source of debate for academics and policymakers. This is the first book to provide a comprehensive legal and practical analysis of the changes to the complex multilevel tax and regulatory framework concerning different types of investment funds. The contributions, updated as of late 2017, were originally presented at a conference held at the University of Luxembourg in November 2016 under the auspices of the ATOZ Chair for European and International Taxation. The book covers the central questions arising in national law and tax policy, explores the regulatory and tax framework of the European Union (EU), and discusses the multifaceted interactions of both national and EU law with bilateral tax treaties. Through fourteen chapters following a brief introduction, leading academic experts and practising specialists provide decisive insight into: - the regulatory regime for European investment funds; - the tax law and reforms in both Luxembourg and Germany; - the role of the European Commission's State-aid practices; - examples of case law concerning the application of non-discrimination rules to various investment vehicles; - the impact of tax-specific EU legislation, such as the Parent-Subsidiary Directive, the Tax Merger Directive, and the Anti-Tax Avoidance Directive; - the availability of tax treaty protection for different collective and non-collective investment funds; - the impact of base erosion and profit shifting (BEPS) developments on the taxation of cross-border investments; - the value-added tax (VAT) treatment of investment funds and their managers; and - the consequences of the global drive towards automatic exchange of information relating to existing cross-border investment structures. With its particular focus on Luxembourg - the leading centre for investment funds in Europe (and second only to the United States globally) and, thus, an instructive model for domestic-level investment fund regulation and taxation - this volume reveals the common issues that arise in virtually every other jurisdiction with a sizeable fund industry. As the first in-depth treatment of the globally significant nexus between investment funds and taxation, the book will prove valuable to policymakers, practitioners, and academics in both financial services and tax law.

Conflicting Legal Cultures in Commercial Arbitration:Old Issues and New Trends

Author : Stefan Frommel
Publisher : Springer
ISBN 13 : 9789041112279
Total Pages : 218 pages
Book Rating : 4.1/5 (122 download)

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Book Synopsis Conflicting Legal Cultures in Commercial Arbitration:Old Issues and New Trends by : Stefan Frommel

Download or read book Conflicting Legal Cultures in Commercial Arbitration:Old Issues and New Trends written by Stefan Frommel and published by Springer. This book was released on 1999-09-22 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: The great strength of the arbitration process lies in its independence from any particular legal culture. Inevitably, its cross-cultural perspective has brought it to the fore as the preferred means of resolving international commercial disputes. The Institute of Advanced Legal Studies in London has done more than any other group to promote and sustain the development of international arbitration and to define the law and practice that has grown up around it. In a series of remarkable public lectures held during its jubilee year, the Institute reasserted its preeminent and creative role in the field of alternative dispute resolution at the international level. These lectures form the basis of the insightful papers assembled in this book. The nine authors bring a truly international perspective to their work. Their combined experience has involved them in arbitration in many countries in Europe, Asia, North America and South America; several of them have in addition had various posts in international diplomacy and in major international organisations. They include Dr Christian Borris, on the civil law versus common law in arbitration culture; Professor Andreas F. Lowenfeld, on the `mix' that creates the international arbitration process; Dr Serge Lazareff, on the search for a common procedural approach; Sigvard Jarvin, who compares the leading international arbitration seats; Jonathon Crook, on arbitration seats in the Far East; Ambassador Malcolm R. Wilkey, on the practicalities of cross-cultural arbitration; Jean Reed Haynes, on the confidentiality of international arbitration; Dr Horacio A. Grigera NaandÓn, on Latin American arbitration Culture; and Dr Bernardo M. Cremades, on how interactive arbitration overcomes the clash of legal cultures. Conflicting Legal Cultures in Commercial Arbitration brings international arbitration as it is currently practised into sharp focus, and will be of great value to all practitioners, academics and students in the field.

Arbitration and Mediation in International Business

Author : Christian Bühring-Uhle
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041122567
Total Pages : 334 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Arbitration and Mediation in International Business by : Christian Bühring-Uhle

Download or read book Arbitration and Mediation in International Business written by Christian Bühring-Uhle and published by Kluwer Law International B.V.. This book was released on 2006-01-01 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Arbitration and mediation in international business was first published in 1996 and was one of the first comprehensive studies on the practice of international business dispute resolution, covering both international commercial arbitration and the so-called ?alternative? techniques such as mediation. The book also provided an empirical analysis of how both arbitration and mediation are conducted in a crossborder context, along with a normative guide to the relative costs and benefits of these two methods. This second edition is not just an updated version of the first edition but a new book in itself: Benefitting from the contributions of two co-authors, the work has been enhanced by discussions of innovative tools for making settlement negotiations more effective, and by the in-depth analysis of practical techniques to integrate mediation and arbitration in international business. Also, a comprehensive new empirical survey was conducted in order to capture new trends in this rapidly developing field. The result is a ?must have? resource for anyone having to deal with potential conflict in international business relationships."--Publisher's website.

Conflict and Resolution

Author : Barbara A. Nagle-Lechman
Publisher : Aspen Publishers
ISBN 13 :
Total Pages : 228 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Conflict and Resolution by : Barbara A. Nagle-Lechman

Download or read book Conflict and Resolution written by Barbara A. Nagle-Lechman and published by Aspen Publishers. This book was released on 1997 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a concise and informative text on the paralegal's role in alternative dispute resolution (ADR). Both brief and affordable, this paperback provides all the essential information required to support any course for paralegals that includes discussion of negotiation, mediation, arbitration, or other forms of ADR. With thoughtful, contemporary perspectives on such issues as race, gender, and cultural expectations, The author explores such key topics as: the nature and sources of conflict, and ways of resolving it negotiation theories, approaches, and practical techniques mediation models, skills, and practicing neutrality the arbitrator's role in resolving disputes other adjudicative and nonadjudicative processes policy issues, such as institutionalizing and regulating ADR... And all the crucial trends in this growing area of today's legal practice. Chapters include role plays and skill development exercises, As well as detailed discussion of ethical issues and practical applications in various spheres where disputes commonly arise---from families and schools to construction projects And The environment. Give your students the opportunity to apply theory to real-life situations and test newly-learned skills in the classroom with Conflict and Resolution. Useful appendices include: common forms; Standards of Conduct for Mediators; Code of Ethics for Arbitration in Commercial Disputes; and recommendations for mandatory mediation.

Conflict of Laws in International Commercial Arbitration

Author : Franco Ferrari (juriste).)
Publisher :
ISBN 13 : 9781944825317
Total Pages : 800 pages
Book Rating : 4.8/5 (253 download)

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Book Synopsis Conflict of Laws in International Commercial Arbitration by : Franco Ferrari (juriste).)

Download or read book Conflict of Laws in International Commercial Arbitration written by Franco Ferrari (juriste).) and published by . This book was released on 2019 with total page 800 pages. Available in PDF, EPUB and Kindle. Book excerpt: La 4e de couverture indique : "It is often asserted that conlfict of laws rules are not as relevant in the context of international arbitration as they are in that of judicial proceddings. Acording to some commentators, it is, inter alia, to avoid the complicated conflict of laws methodology that parties opt for international arbitration, since they assume that arbitral tribunals do not apply conflict of laws rules. As recent case law from a number of jurisdictions shows, the assumtions behind these assertions is incorrect. This book addresses some of the most important conflicts of laws problems that may arise in connection with the various stages of arbitral proceddings."

China-Africa Dispute Settlement

Author : Won Kidane
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041142843
Total Pages : pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis China-Africa Dispute Settlement by : Won Kidane

Download or read book China-Africa Dispute Settlement written by Won Kidane and published by Kluwer Law International B.V.. This book was released on 2011-11-02 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The nature and magnitude of the growth in China-Africa economic relations in recent years is unprecedented and extraordinary. According to recent estimates, the value of China’s trade with African nations grew from a mere USD 10 million in the 1980s to USD 55 billion in 2006, and to more than USD 100 billion by the end of 2009, at which time nearly 1,600 Chinese companies were doing business in Africa with a direct stock investment of about USD 7.8 billion. The accelerating impetus of China-Africa trade has overtaken some crucially important features of an effective trade regime, most notably a fully trustworthy dispute resolution system. It is the current and potential future efficacy of such a system that is taken up in this book with great understanding and skill. The author evaluates existing mechanisms of dispute resolution in all aspects of China-Africa economic relations in light of the parties’ economic and cultural profiles and their evolving legal traditions, and goes on to propose a comprehensive institutional model of dispute resolution that takes full account of the economic needs and legal cultures of both China and the various African countries. Among the topics and issues that arise in the course of the book are the following: suitability of the WTO’s dispute resolution mechanism for China-Africa trade relations; domestic, bilateral, regional, and multilateral law sources affecting China-Africa commerce; the role of intra-Africa bilateral investment treaties; competing interests that underpin international investment law; relevant legal, economic, and political challenges and cultural barriers; permissible scope of regional trade regimes; national treatment versus duty to compensate; and harmonization initiatives—model laws, incoterms, restatements. The author includes in-depth analysis of how China-Africa economic relations fare in the varieties of dispute resolution methods available at the major arbitral European and American institutions—ICSID, AAA, ICC, LCIA, PCA—as well as under the rules of the China International Economic and Trade Arbitration Commission (CIETAC) and the important arbitral fora in Cairo, Kuala Lumpur, and Lagos. Endorsing institutional arbitration as the most appropriate form of resolving trade, investment, and commercial disputes arising between China and African countries, this ground-breaking analysis outlines the obstacles and shortcomings of the available means of dispute settlement, both in international and domestic contexts, and offers deeply informed recommendations for improvement of the existing system. Although the book will be welcomed by interested scholars and practitioners for its detailed discussion of how China-Africa trade relations are situated within the global trade regime, its most enduring value lies in its thorough evaluation of the available options and its proposals for structuring a legal framework within which future disputes will be effectively resolved.

Conflict of Laws and Arbitral Discretion

Author : Benjamin Hayward
Publisher :
ISBN 13 : 9780198787440
Total Pages : 352 pages
Book Rating : 4.7/5 (874 download)

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Book Synopsis Conflict of Laws and Arbitral Discretion by : Benjamin Hayward

Download or read book Conflict of Laws and Arbitral Discretion written by Benjamin Hayward and published by . This book was released on 2017-01-05 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration is the dispute resolution method of choice in international commerce, but it rests on a complex legal foundation. In many international commercial contracts, the parties will choose the law governing any future disputes. However, where the parties do not choose a governing law, theprevailing approach in arbitration is to afford arbitrators broad and largely unfettered discretion to choose the law considered most appropriate or most applicable. The uncertainty resulting from this discretion potentially affects the parties' rights and obligations, the performance of theircontract, the presentation of their cases, and negotiations undertaken to settle their disputes.In this text, Dr Benjamin Hayward critically reviews the prevailing approach to the conflict of laws in international commercial arbitration. The text adopts a focused and detail-oriented analysis - being based on a study of more than 130 sets of arbitral laws and rules from around the world, anddrawing heavily on arbitral case law. Nevertheless, it remains both practical and accessible, taking as its focus the needs and expectations of commercial parties, who are the ultimate users of international commercial arbitration.This text identifies the difficulties that result from resolving conflicts of laws through broad and unconstrained arbitral discretions. It establishes that a bright-line test would be a preferable way to resolve arbitral conflicts of laws. Specifically, it recommends a modified Art. 4 RomeConvention rule as the ideal basis for law reform in this area of arbitral procedure.

Document Production in International Arbitration

Author : Reto Marghitola
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041166971
Total Pages : 338 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Document Production in International Arbitration by : Reto Marghitola

Download or read book Document Production in International Arbitration written by Reto Marghitola and published by Kluwer Law International B.V.. This book was released on 2015-10-20 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: Because document production can discover written evidence that would otherwise not be available, it is often the key to winning a case. However, document production proceedings can be a costly and time-consuming exercise, and arbitral awards in particular are often challenged on grounds that relate to document production orders. The task of balancing the conflicting interests of the parties in this context is a major responsibility of arbitral tribunals. This book's analysis focuses on whether there exist legal principles on which arbitrators should establish rules of document production in both civil law and common law countries, and shows how international arbitration is affected. The author examines the relevant discretion of arbitral tribunals under US, English, Swiss, German, and Austrian law, and under nine of the most important sets of institutional rules, including the ICC Rules, the LCIA Rules, and the Swiss Rules. The presentation mines case law and legal literature for concepts based on the common expectations of the parties, the legitimate expectations of a party, the duty to balance different procedural expectations of the parties, the presumed intent of the parties, the underlying hypothetical bargain, implied terms, and the arbitrators' discretion. Among the topics and issues investigated are the following: - procedural rules on document production versus procedural flexibility; - how arbitral tribunals can modify the IBA Rules on a case-by-case basis; - discretion granted by legislation in each country covered; - electronic document production; - how to deal with privilege and confidentiality objections; - how to formulate or answer document production requests; - effective sanctions in case of non-compliance with procedural orders of the arbitral tribunal; - what grounds for annulment and non-enforcement a losing party can raise in what countries. Perhaps the greatest benefit of the book is the inclusion of model clauses, commensurate with both civil law and common law expectations. The author explicates the advantages and inconveniences of each model clause, and clarifies the influence of each clause on the efficiency of the proceedings and the enforcement risk. For practitioners, the book not only gives counsel a thorough overview of possible arguments for and against document production, but also assists arbitrators find a way through the jungle of opinions on the interpretation of the IBA Rules. Legal academics will appreciate the author's deeply informed analysis and commentary and the book's contribution to increasing the predictability of arbitral decisions on document production and showing how issues in dispute can be narrowed by tailor-made rules, thus helping to raise the efficiency and reduce the costs of arbitral proceedings.

Legal Interpretation in International Commercial Arbitration

Author : Joanna Jemielniak
Publisher : Routledge
ISBN 13 : 1317106202
Total Pages : 288 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis Legal Interpretation in International Commercial Arbitration by : Joanna Jemielniak

Download or read book Legal Interpretation in International Commercial Arbitration written by Joanna Jemielniak and published by Routledge. This book was released on 2016-04-22 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book fills a gap in legal academic study and practice in International Commercial Arbitration (ICA) by offering an in-depth analysis on legal discourse and interpretation. Written by a specialist in international business law, arbitration and legal theory, it examines the discursive framework of arbitral proceedings, through an exploration of the unique status of arbitration as a legal and semiotic phenomenon. Historical and contemporary aspects of legal discourse and interpretation are considered, as well as developments in the field of discourse analysis in ICA. A section is devoted to institutional and structural determinants of legal discourse in ICA in which ad hoc and institutional forms are examined. The book also deals with functional aspects of legal interpretation in arbitral discourse, focusing on interpretative standards, methods and considerations in decision-making in ICA. The comparative examinations of existing legal framework and case law reflect the international nature of the subject and the book will be of value to both academic and professional readers.

Rethinking International Commercial Arbitration

Author : Gilles Cuniberti
Publisher : Edward Elgar Publishing
ISBN 13 : 1786432404
Total Pages : 345 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis Rethinking International Commercial Arbitration by : Gilles Cuniberti

Download or read book Rethinking International Commercial Arbitration written by Gilles Cuniberti and published by Edward Elgar Publishing. This book was released on 2017-05-26 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration is the normal and preferred mode for resolving international commercial disputes. It presents an essential advantage over national courts by offering neutrality of adjudication, but is currently only available where both parties have consented to it. This innovative book proposes a fundamental rethink of this assumption and argues that arbitration should become the default mode of resolution in international commercial disputes.

International Dispute Resolution

Author : Vesna Lazić
Publisher : Springer
ISBN 13 : 946265252X
Total Pages : 127 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis International Dispute Resolution by : Vesna Lazić

Download or read book International Dispute Resolution written by Vesna Lazić and published by Springer. This book was released on 2018-07-26 with total page 127 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contributions in this book cover a wide range of topics within modern disputeresolution, which can be summarised as follows: harmonisation, enforcement andalternative dispute resolution. In particular, it looks into the impact of harmonisedEU law on national rules of civil procedure and addresses the lack of harmonisationin the US regarding the recognition and enforcement of foreign judgments. Furthermore,the law on enforcement is examined, not only by focusing on US law, but also onhow to attach assets in order to enforce a judgment. Finally, it addresses certain typesof alternative dispute resolution. In addition, the book looks into the systems andcultures of dispute resolution in several regions of the world, such as the EU, the US andChina, that have a high impact on globalisation. Hence, the book is diverse in the senseof dealing with multiple issues in the field of modern dispute resolution./div The book offers explorations of the impact of international rules and EU law on domesticcivil procedure, through case studies from, among others, the US, China, Belgium andthe Netherlands. The relevance of EU law for the national debate and its impact on theregulation of civil procedure is also considered. Furthermore, several contributions discussthe necessity and possibility of harmonisation in the emergency arbitrator mechanisms inthe EU. The harmonisation of private international law rules within the EU, particularlythose of a procedural nature, is juxtaposed to the lack thereof in the US. Also, the bookoffers an overview of the current dispute settlement mechanisms in China. The publication is primarily meant for legal academics in private international law andcivil procedure. It will also prove useful to practitioners regularly engaged in cross-borderdispute resolution and will be of added value to advanced students, as well as to those withan interest in international litigation and more generally in the area of dispute resolution. Vesna Lazić is Senior Researcher at the T.M.C. Asser Institute, Associate Professor ofPrivate Law at Utrecht University and Professor of European Civil Procedure at theUniversity of Rijeka. Steven Stuij is an expert in Private International Law and a PhD Candidate/GuestResearcher at the Erasmus School of Law, Rotterdam. Ton Jongbloed is Guest Editor on this volume./div

Comparing Legal Cultures

Author : David Nelken
Publisher : Routledge
ISBN 13 : 1351949969
Total Pages : 421 pages
Book Rating : 4.3/5 (519 download)

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Book Synopsis Comparing Legal Cultures by : David Nelken

Download or read book Comparing Legal Cultures written by David Nelken and published by Routledge. This book was released on 2017-03-02 with total page 421 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume cross-examines mainstream approaches to studying legal culture (e.g. those of Friedman and Blankenburg). It includes debates over the concept of legal culture and a variety of case studies of different legal cultures.

Legal Discourse across Cultures and Systems

Author : Vijay K. Bhatia
Publisher : Hong Kong University Press
ISBN 13 : 9622098517
Total Pages : 355 pages
Book Rating : 4.6/5 (22 download)

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Book Synopsis Legal Discourse across Cultures and Systems by : Vijay K. Bhatia

Download or read book Legal Discourse across Cultures and Systems written by Vijay K. Bhatia and published by Hong Kong University Press. This book was released on 2008-01-01 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: What exactly is legal about legal language? What happens to legal language when it is used across linguistic, national, socio-political, cultural, and legal systems? In what way is generic integrity of legal documents maintained in multilingual and multicultural legal contexts? What happens when the same rule of law is applied across legal systems? By bringing together scholars and practitioners from more than ten countries, representing various jurisdictions, languages, and socio-political backgrounds, this book addresses these key issues arising from the differences in legal or sociocultural systems. The discussions are based not only on the analysis of the legal texts alone, but also on the factors shaping such constructions and interpretations. Given the increasing international need for accurate and authoritative translation and use of legal documents, this important volume has considerable contemporary relevance in a globalized economy. It will appeal to discourse analysts, commercial consultants, legal trainers, translators, and applied researchers in professional communication, especially in the field of legal writing and languages for specific purposes.

Comparative International Commercial Arbitration

Author : Julian D. M. Lew
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041115684
Total Pages : 994 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Comparative International Commercial Arbitration by : Julian D. M. Lew

Download or read book Comparative International Commercial Arbitration written by Julian D. M. Lew and published by Kluwer Law International B.V.. This book was released on 2003-01-01 with total page 994 pages. Available in PDF, EPUB and Kindle. Book excerpt: This treatise describes the practice of international commercial arbitration with reference to the major international treaties and instruments, arbitration rules and national laws. It provides an analysis of the interaction between party autonomy and arbitration practice.