Dispute Resolution Methodscomparative Law Yearbook Of International Business Special Issue

Author : Dennis Campbell
Publisher : Springer
ISBN 13 : 9781859661802
Total Pages : 0 pages
Book Rating : 4.07/5 ( download)

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Download or read book Dispute Resolution Methods:Comparative Law Yearbook of International Business Special Issue written by Dennis Campbell and published by Springer. This book was released on 1994-12-23 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines the important area of dispute resolution. Its main focus is upon those methods of resolving disputes which provide alternatives to the existing judicial system. Under discussion are the most prominent of these methods -- arbitration, mediation and conciliation -- as well as others, such as mini-trials, valuations and dispute review boards. The authors are eminent legal practitioners and scholars from countries spanning the five continents. Consequently, the volume consists of accounts relating to the use of alternative dispute resolution methods in these countries. The pros and cons of each method are examined, together with the procedures involved, their applicability to certain types of cases and their future development. This work also includes a chapter devoted entirely to International Fast-Trac Commercial Arbitration, which describes how fast-track clauses may be utilized in international commercial contracts to ensure that disputes are resolved rapidly and efficiently. The future for such clauses in individual countries is discussed and a comparative analysis given.

Author : Christian Campbell
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403531711
Total Pages : 197 pages
Book Rating : 4.17/5 ( download)

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Download or read book Comparative Law Yearbook of International Business Volume 43 written by Christian Campbell and published by Kluwer Law International B.V.. This book was released on 2021-11-11 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Comparative Law Yearbook of International Business, published under the auspices of the Center for International Legal Studies, in this 43rd volume spans an arc of timely and challenging concerns for business law practitioners and academics alike. It discusses: how arbitrability of intellectual property rights disputes might improve worldwide IPR enforcement; how the “disregard of legal entity” may be used to establish implied consent by a person or entity that is not a signatory to an arbitration agreement; how an effective cross-border insolvency framework under the Indian insolvency and bankruptcy code can borrow from the UNCITRAL Model Law’s and other jurisdictions’ approaches to the tension between “universality” and “territoriality”; how a promising new mediation act for Pakistan may help resolve a backlog of millions of cases in a jurisdiction with a patchwork of traditional and modern alternative dispute resolution mechanisms; how the European Union seeks to balance the taxation of digital services; how Brazil is addressing the taxation of offshore indirect transfers; how private equity capital structures in the unique market of professional sports create opportunities as well as risks; how Securities Market Regulation theory plays a role in the organization and development of active securities markets, particularly in emerging markets; and how non-signatories can be bound by arbitration agreements in Brazil through “disregard of legal entity” to ascertain implied consent. The authors are practitioners and academics from Brazil, England, France, India, Pakistan, Singapore, the United States and Uzbekistan. They offer a broad and diverse perspective on some of today’s pressing business law issues in a shrinking world.

Author : Dennis Campbell
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041142606
Total Pages : 384 pages
Book Rating : 4.03/5 ( download)

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Download or read book International Dispute Resolution written by Dennis Campbell and published by Kluwer Law International B.V.. This book was released on 2010-06-24 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: This special issue of the Comparative Law Yearbook of International Business examines a variety of issues relating to international dispute resolution. National systems such as Brazil, England and Wales, Hong Kong, India, Italy, Slovakia, the United States, are reviewed. The treatment of special issues ranges from document production, discovery, and ethics to public policy, telecommunications contracts, and expatriate employees. Finally, the issue surveys various topics, dealing with matters such as the general principles of law, international rules, international contract law, consolidation and class actions, and enforcement of arbitral awards.

Author : Dennis Campbell, 1939-
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041125701
Total Pages : 810 pages
Book Rating : 4.05/5 ( download)

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Download or read book Comparative Law Yearbook of International Business Cumulative Index written by Dennis Campbell, 1939- and published by Kluwer Law International B.V.. This book was released on 2006-11-27 with total page 810 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication is an index of all articles published in the yearbook from its first year, 1977, to 2004.

Author : Dennis Campbell
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041142630
Total Pages : 736 pages
Book Rating : 4.34/5 ( download)

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Download or read book The Comparative Law Yearbook of International Business written by Dennis Campbell and published by Kluwer Law International B.V.. This book was released on 2010-12-22 with total page 736 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edition of the Comparative Law Yearbook of International Business provides a general examination of issues vital to the world’s economic recovery. In the field of company law, practitioners examine changes in Russia’s corporate law and the new Ukrainian law governing joint-stock companies. In the area of competition law, lawyers review Serbia and Bulgaria’s new laws on the protection of competition and the private enforcement of Articles 101 and 102 in Europe’s national courts. Dispute resolution occupies two chapters, one dealing with best practices for drafting arbitration clauses and the other set aside, recognition, and enforcement of private commercial arbitration awards. A further two chapters treat employment and labor matters relating to distribution and commercial representation, indemnity upon termination, and processing personal data in the employment context of Hungary. In the area of financial services, practitioners from five jurisdictions deal with fiduciary duty, the European Commission’s proposed Directive on Alternative Investment Fund Managers, Swiss disclosure rules on significant shareholdings, restructuring and refinancing routes for mortgage-secured debt in Spain, and insurance laws and regulations in Nigeria. Foreign investment is examined by two authors, reporting on 2008 and 2009 developments in investment treaty disputes and foreign investment in Indonesia. Intellectual property issues are reviewed in chapters relating to the use of intellectual property as collateral in secured financing and intellectual property licensing in Canada. Finally, lawyers treaty a variety of other issues, including the tax law of Liechtenstein, European Union-Israel trade in the automobile sector, insolvency risk and creditors’ rights in Peru, the modernizing of trust law in Hong Kong and bridging cultural differences in international Transactions.

Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041159401
Total Pages : 314 pages
Book Rating : 4.03/5 ( download)

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Download or read book The Comparative Law Yearbook of International Business written by and published by Kluwer Law International B.V.. This book was released on 2015-09-24 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: The thirty-seventh issue of the Comparative Law Yearbook of International Business examines current issues and developments under the broad headings of finance and investment, corporate law, contracts, and dispute resolution. In the finance and investment section, practitioners examine issues relating to the recapitalization of Greek systemic banks, foreign investment in Brazil's healthcare sector, and Spain's Venture Capital Act. The acquisition of companies in Peru and the "responsible corporate officer" doctrine are examined in the corporate law section. In the contracts section, lawyers discuss remedies for breach of contract in Brazil, Italian contractual aspects of cloud computing, incorporating UNIDROIT principles into international commercial contracts, and setting up distribution channels in Brazil. Four subject areas are considered under the dispute resolution heading: expert determination in merger and acquisition disputes, the enforcement of international arbitral and judicial decisions, the recognition and execution of foreign arbitral awards in Cyprus, and investor-state arbitrations.

Author : Christian Campbell
Publisher :
ISBN 13 : 9789403522357
Total Pages : 296 pages
Book Rating : 4.56/5 ( download)

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Download or read book The Comparative Law Yearbook of International Business written by Christian Campbell and published by . This book was released on 2020-03-23 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conflict avoidance and resolution have always been primary purposes of the law. Satisfaction with judicial processes has declined in many jurisdictions. After the diversion of many disputes from courts to arbitral tribunals, arbitration has now also become a target of intense criticism.This dissatisfaction with binding third party adjudication of disputes coincides with rising tensions among citizens asking basic questions about what they can expect from each other and their governments in a constantly changing world. One response has been the proliferation of processes between disputing parties that are structured and interactive negotiation and assisted by a neutral third party using specialized negotiation and communication techniques. These processes have been labelled "mediation". While mediation is not focused on the identification and application of legal rights and duties in the way that adjudication is, its success remains dependent on a legal framework which is still evolving in most jurisdictions and especially across borders. In this edition of the Comparative Law Yearbook of International Business, lawyers from nine jurisdictions examine developments relating not only to the framework for cross-border mediation, such as the Singapore Convention or inter-State disputes, or relating to their countries' overall approaches to regulating this method of dispute resolution, but also relating to specific issues, such as mediator ethics and conflicts of interest, and even exploring the neural science of conflict dynamics.

Author :
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.31/5 ( download)

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Download or read book The Comparative Law Yearbook of International Business written by and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041184120
Total Pages : 266 pages
Book Rating : 4.22/5 ( download)

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Download or read book Shareholders’ Liability: The Comparative Law Yearbook of International Business Special Issue, 2017 written by and published by Kluwer Law International B.V.. This book was released on 2017-03-24 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shareholder liability was once discussed only in terms of liability for the debts of the corporation in which the shareholders hold interest. That is now a shifting scene, influenced in the main by the emergence of shareholder activism and derivative litigation, with its attendant increase of risk for officers and directors, and “fee shifting” provisions in corporate bylaws, allowing corporations to seek legal fees from unsuccessful shareholder plaintiffs. In this edition of the Comparative Law Yearbook for International Business, practitioners from 10 jurisdictions examine recent developments in shareholder liability. The introductory chapter “Liability of Shareholders in Modern Company Law”, sets the stage for reports from Argentina, Belgium, Brazil, Croatia, Germany, Indonesia, Mexico, Portugal, and the United States.

Author : Anita Alibekova
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041126821
Total Pages : 670 pages
Book Rating : 4.25/5 ( download)

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Download or read book The Comparative Law Yearbook of International Business 2007 written by Anita Alibekova and published by Kluwer Law International B.V.. This book was released on 2007-01-01 with total page 670 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Comparative Law Yearbook of International Business, in its 2007 edition, treats two major topic areas: litigation and dispute resolution and banking and finance. The litigation and dispute resolution section examines various issues relating to international arbitration, such as the status of non-signatories, the employment of electronic discovery, the use of expert evidence, and costs. It further surveys the recognition of enforcement of foreign judgments in Italy, developments in litigation in Australia, Anton Pilar Orders and Internet defamation, and Italian conflict-of-law rules. The banking and finance section of the Yearbook examines Austrian capital maintenance rules, bank secrecy in Israel, and broker-dealer and investment banking strategies. Miscellaneous articles deal with Mexicoand’s commercial bankruptcy law, Slovakiaand’s new bankruptcy legislation, trade marks and the Madrid Protocol, trade mark registration in Hong Kong, franchising in Italy, data protection, Spanish antitrust legislation, and cartel enforcement in Australia.