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International Commercial Disputes

Author: Jonathan Hill
Publisher: Bloomsbury Publishing
ISBN: 1849468567
Size: 67.13 MB
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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.

International Commercial Disputes In English Courts

Author: Jonathan Hill
Publisher: Hart Pub
ISBN: 9781841134666
Size: 43.87 MB
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This is the third edition of a book formerly published by Lloyds of London Press under the title International Commercial Disputes. It is 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, as a consequence of which English law is very similar to or the same as the law of other countries in Europe and beyond. The work comprises three 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 regime (comprising the Brussels I Regulation, the Brussels Convention and the Lugano Convention) and the so-called traditional rules, includes chapters dealing with jurisdiction in personam and in rem, antisuit injunctions and provisional measures. The works 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, foreign currency obligations and proof of foreign law. The third part of the work is 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.

International Commercial Dispute Resolution

Author: Jonathan Warne
Publisher: Bloomsbury Professional
ISBN: 9781847661340
Size: 49.25 MB
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The world of dispute resolution made clear International Commercial Dispute Resolution is a new title that reflects the way in which the litigation arena has changed over recent years. Cross-border business relationships and the present economic climate have markedly increased the potential for commercial disputes to arise between parties in different jurisdictions, and clients are increasingly looking for the most time and cost effective way of resolving disputes. Expert advice from leading practitioners in 24 jurisdictions With contributions from leading practitioners, this practical book looks at dispute resolution in 24 jurisdictions that represent the world's major international trade centres and developing legal systems. User-friendly and practical structure Each chapter is devoted to a different jurisdiction and follows the same structure. It provides a practical summary of the relevant legal systems and offers an insight into the manner in which each jurisdiction seeks to resolve commercial disputes, both through traditional court proceedings and alternative dispute resolution techniques Written by leading local practitioners, each chapter opens with a round-up of the key issues that you will need to consider when dealing with this country, and includes flowcharts summarising the procedural stages of litigation This book is an essential addition to the bookshelf of every international litigator 5 key reasons why you need this book * Covers 24 key jurisdictions throughout the world * Provides an authoritative overview from leading local practitioners * Includes flow charts summarising the procedural stages of litigation * Highlights the key issues that must be considered when dealing with each jurisdiction * Covers traditional court proceedings and alternative dispute resolution techniques 24 jurisdictions covered: Australia; Bermuda; Brazil; Canada; Cayman Islands; China; Czech Republic; England & Wales; France; Germany; Guernsey; Hong Kong; India; Japan; Je

International Commercial Litigation

Author: Richard Fentiman
Publisher: Oxford University Press, USA
ISBN: 9780198712916
Size: 68.91 MB
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The new edition of this highly regarded work has been fully updated to reflect current trends and concerns in commercial litigation practice. It considers significant changes in the law, and how they affect both the structure and drafting of commercial transactions, and the strategic choices of litigants. It includes extensive treatment of the recast Brussels I Regulation which is in force from January 2015 and which will substantively affect the treatment of contractual jurisdiction clauses, and incorporates analysis of important recent decisions including VTB v Nutritek, The Alexandros T, and Star Reefers v JFC. The legal framework of cross-border commercial disputes is important and complex in practice. This book is a definitive account of the law and practice relating to such disputes in English law, and in particular in the London Commercial Court, which describes the law in detail and articulates its underlying principles. The majority of cases before the Commercial Court involve non-UK parties and it is intended to be of value to lawyers throughout the world concerned with cross-border transactions and litigation. The book offers an account of the subject which is comprehensive, sophisticated in its analysis, but firmly grounded in addressing the challenges and concerns facing practitioners. The role of commercial litigation is examined, not merely in the resolution of disputes, but as an aspect of commercial practice. A feature of the book is its emphasis on evolving areas of practice, and issues of difficulty, with an emphasis on problematic decisions, and legislative changes. Particular emphasis is placed on how the principles established by the higher courts are applied in the Commercial Court. Where the law is uncertain or controversial, the rival arguments are examined and solutions considered. Particular emphasis is given to the impact of litigation on cross-border transactions, and its effect on legal risk. Mechanisms for managing the risks associated with cross-border litigation are extensively discussed, with particular emphasis on the drafting of effective jurisdiction and governing law clauses. The first edition was highly regarded and was cited with approval by the courts in a number of key decisions including Blue Sky One Ltd v Mahan Air (March 2010), Royal & Sun Alliance plc v Rolls Royce plc (July 2010), Sebastian Holdings Inc v Deutsche Bank AG (Aug 2010, Court of Appeal), Glacier Reinsurance AG & v Gard Marine & Energy Ltd (Oct 2010, Court of Appeal), Faraday Reinsurance Co Ltd v Howden North America Inc (Nov 2011, Commercial Court), Mauritius Commercial Bank Ltd v Hestia Holdings Ltd (May 2013, Commercial Court), Antonio Gramsci v Lembergs (June 2013, Court of Appeal), and The Alexandros T (6 Nov 2013, Supreme Court).

Arbitration In Settlement Of International Commercial Disputes Involving The Far East And Arbitration In Combined Transportation

Author: Pieter Sanders
Publisher: Kluwer Law Intl
ISBN:
Size: 29.82 MB
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The arbitral process of the International Center for the Settlement of Investment Disputes (ICSID) contains a number of innovative features which were previously unknown to international arbitration. The present volume compares the ICSID system with other major transnational arbitral systems, mainly those of the International Chamber of Commerce (ICC), the American Arbitration Association (AAA), & the rules of the United Nations Committee on International Trade Law (UNCITRAL). The study focuses on the distinctive features of the Center, with emphasis on its jurisdiction, the applicable law, & the annulment procedure. The major aim of the work is to examine the lessons which can be drawn from the experience of the Center. The first chapter surveys the economic & legal background of international investments which led to the establishment of the Center. Chapter Two provides an extensive survey of the ICSID with special emphasis on its arbitral process. The third chapter is an intensive analysis of the Center's jurisdiction & the questions arising therefrom. Chapter Four deals with applicable law in the Center's arbitral system & a comparison with its international counterparts. The final chapter is dedicated to drawing conclusions from the experience of the Center over the past 25 years from which the international arbitration community as a whole can benefit. In addition, proposals are submitted to improve the Center's arbitral mechanism as well as for international arbitration institutions which may be established in the future.

Rethinking International Commercial Arbitration

Author: Gilles Cuniberti
Publisher: Edward Elgar Publishing
ISBN: 1786432404
Size: 29.55 MB
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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.

The Principles And Practice Of International Commercial Arbitration

Author: Margaret L. Moses
Publisher: Cambridge University Press
ISBN: 1108184138
Size: 19.67 MB
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Arbitration has become the dispute resolution method of choice in international transactions. This book provides the reader with immediate access to understanding the world of international arbitration, explaining how and why arbitration works. It provides the legal and regulatory framework for international arbitration, as well as practical strategies to follow and pitfalls to avoid. It is short and readable, but comprehensive in its coverage of the basic requirements, including the most recent changes in arbitration laws, rules, and guidelines. The third edition includes new sections on state to state arbitration, the role and power of the arbitrator, reform efforts in international investment treaties, transparency in international arbitration and third party funding. In the book, the author includes insights from numerous international arbitrators and counsel, who tell firsthand about their own experiences of arbitration and their views of best practices. Throughout the book, the principles of arbitration are supported and explained by the practice, providing a concrete approach to an important means of resolving disputes.

Combining Mediation And Arbitration In International Commercial Dispute Resolution

Author: Dilyara Nigmatullina
Publisher: Routledge
ISBN: 1351068628
Size: 20.23 MB
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Securing fast, inexpensive, and enforceable redress is vital for the development of international commerce. In a changing international commercial dispute resolution landscape, the combined use of mediation and arbitration has emerged as a dispute resolution approach which offers these benefits. However, to date there has been little agreement on several aspects of the combined use of processes, which the literature often explains by reference to the practitioner’s legal culture, and there is debate as to how appropriate it is for the same neutral to conduct both mediation and arbitration. Identifying the main ways of addressing concerns associated with the same neutral conducting both mediation and arbitration (same neutral (arb)-med-arb), this book examines how effectively these methods achieve the goal of fast, inexpensive, and enforceable dispute resolution, evaluating to what extent the perception and use of the same neutral (arb)-med-arb depends on the practitioner’s legal culture, arguing that this is not a ‘one-size-fits-all’ process.? Presenting an empirical study of the combined use of mediation and arbitration in international commercial dispute resolution, this book synthesises existing ways of addressing concerns associated with the same neutral (arb)-med-arb to provide recommendations on how to enhance the use of combinations in the future.