Agreements On Jurisdiction And Choice Of Law

Author : Neil Kaplan
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041186387
Total Pages : 442 pages
Book Rating : 4.86/5 ( download)

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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 : Adrian Briggs
Publisher : Oxford Private International L
ISBN 13 : 9780199282302
Total Pages : 0 pages
Book Rating : 4.07/5 ( download)

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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 : Alex Mills
Publisher : Cambridge University Press
ISBN 13 : 1107079179
Total Pages : 595 pages
Book Rating : 4.75/5 ( download)

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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 : Mary Keyes
Publisher : Springer Nature
ISBN 13 : 3030239144
Total Pages : 528 pages
Book Rating : 4.45/5 ( download)

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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 : Institute of Medicine
Publisher : National Academies Press
ISBN 13 : 0309216400
Total Pages : 128 pages
Book Rating : 4.01/5 ( download)

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Download or read book Examining Core Elements of International Research Collaboration written by Institute of Medicine and published by National Academies Press. This book was released on 2011-10-29 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt: The globalization of science, engineering, and medical research is proceeding rapidly. The globalization of research has important implications for the U.S. research enterprise, for the U.S. government agencies, academic institutions, and companies that support and perform research, and for the world at large. As science and technology capabilities grow around the world, U.S.-based organizations are finding that international collaborations and partnerships provide unique opportunities to enhance research and training. At the same time, significant obstacles exist to smooth collaboration across national borders. Enhancing international collaboration requires recognition of differences in culture, legitimate national security needs, and critical needs in education and training. In response to these trends, the Government-University-Industry Research Roundtable (GUIRR) launched a Working Group on International Research Collaborations (I-Group) in 2008, following its meeting on New Partnerships on a Global Platform that June. As part of I-Group's continuing effort, a workshop on Examining Core Elements of International Research Collaboration was held July 26-27, 2010 in Washington, DC. One primary goal of the workshop is to better understand the risks involved in international research collaboration for organizations and individual participants, and the mechanisms that can be used to manage those risks. Issues to be addressed in the workshop include the following: (1) Cultural Differences and Nuances; (2) Legal Issues and Agreements; (3) Differences in Ethical Standards; (4) Research Integrity and the Responsible Conduct of Research; (5) Intellectual Property; (6) Risk Management; (7) Export Controls; and (8) Strategies for Developing Meaningful International Collaborations. The goal for the workshop and the summary, Examining Core Elements of International Research Collaboration, is to serve as an information resource for participants and others interested in international research collaborations. It will also aid I-Group in setting its future goals and priorities.

Author : Zheng Sophia Tang
Publisher : Routledge
ISBN 13 : 113601344X
Total Pages : 312 pages
Book Rating : 4.47/5 ( download)

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Download or read book Jurisdiction and Arbitration Agreements in International Commercial Law written by Zheng Sophia Tang and published by Routledge. This book was released on 2014-02-05 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration and jurisdiction agreements are frequently used in transnational commercial contracts to reduce risk, gain efficacy and acquire certainty and predictability. Because of the similarities between these two types of procedural autonomy agreements, they are often treated in a similar way by courts and practitioners. This book offers a comprehensive study of the prerequisites, effectiveness, and enforcement of exclusive jurisdiction and arbitration agreements in international dispute resolution. It examines whether jurisdiction and arbitration clauses have identical effects in private international law and whether they have been or should be given the same treatment by most countries in the world. By comparing the treatment of these clauses in the US, China, UK and EU, Zheng Sophia Tang demonstrates how, in practice, exclusive jurisdiction and arbitration agreements are enforced. The book considers whether the Hague Convention on Choice of Court Agreements could be treated as a litigating counterpart to the New York Convention, and whether it could work successfully to facilitate judicial cooperation and party autonomy in international commerce. This book breaks new ground in combining updated materials in EU, US and UK law with unique resources on Chinese law and practice. It will be valuable for academics and practitioners working in the field of private international law and international arbitration.

Author : Oxford Editor
Publisher :
ISBN 13 : 9780198840107
Total Pages : 1392 pages
Book Rating : 4.01/5 ( download)

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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 : Mo Zhang
Publisher : BRILL
ISBN 13 : 9004414789
Total Pages : 495 pages
Book Rating : 4.85/5 ( download)

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Download or read book Chinese Contract Law - Theory & Practice, Second Edition written by Mo Zhang and published by BRILL. This book was released on 2019-12-16 with total page 495 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chinese Contract Law (2nd Ed) contains the latest developments of contract legislation, adjudication and practices in China and provides all information necessary to comprehend contemporary Chinese contract law.

Author : Mukarrum Ahmed
Publisher : Bloomsbury Publishing
ISBN 13 : 1509914463
Total Pages : 336 pages
Book Rating : 4.63/5 ( download)

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Download or read book The Nature and Enforcement of Choice of Court Agreements written by Mukarrum Ahmed and published by Bloomsbury Publishing. This book was released on 2017-10-05 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: PRAISE FOR THE BOOK: "This constitutes a work of impressive scholarship that will become a major reference point for future discourse on choice of court agreements. Dr Ahmed advances a firm thesis in a lucid manner that will satisfy both academics and practitioners. The discussion is supported by a monumental foundation of underpinning research. Ahmed's monograph throughout shows clear understanding of underlying substantive laws and in Chapter 11 displays a refreshing willingness to engage in intelligent speculation on the implications of Brexit." Professor David Milman, University of Lancaster "The book is an excellent attempt to understand the theoretical underpinnings of choice of court agreements in private international law ... Anyone with an interest in the theory and practice of choice of court agreements, in particular in mechanisms for their enforcement, should read this book. They will find much of value by doing so." Professor Paul Beaumont, University of Aberdeen (from the Series Editor's Preface) This book examines the fundamental juridical nature, classification and enforcement of choice of court agreements in international commercial litigation. It is the first full-length attempt to integrate the comparative and doctrinal analysis of choice of court agreements under the Brussels I Recast Regulation, the Hague Convention on Choice of Court Agreements ('Hague Convention') and the English common law jurisdictional regime into a theoretical framework. In this regard, the book analyses the impact of a multilateral and regulatory conception of private international law on the private law enforcement of choice of court agreements before the English courts. In the process, it both pre-empts and offers innovative solutions to issues that may arise under the jurisprudence of the emergent Brussels I Recast Regulation and the Hague Convention. The need to understand the nature and enforcement of choice of court agreements before the English courts from the perspective of the EU private international law regime and the Hague Convention cannot be understated. This important new study aims to fill an existing gap in the literature in relation to an account of choice of court agreements which explores and reconnects arguments drawn from international legal theory with legal practice. However, the scope of the work remains most relevant for cross-border commercial lawyers interested in crafting pragmatic solutions to the conflicts of jurisdictions.

Author : Symeon Symeonides
Publisher : Oxford University Press
ISBN 13 : 019049672X
Total Pages : 841 pages
Book Rating : 4.22/5 ( download)

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Download or read book Choice of Law written by Symeon Symeonides and published by Oxford University Press. This book was released on 2016 with total page 841 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.