Essays For Clive Schmitthoff
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Essays For Clive Schmitthoff
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Author : John Adams
language : en
Publisher: Lexis Law Publishing (Va)
Release Date : 1983
Essays For Clive Schmitthoff written by John Adams and has been published by Lexis Law Publishing (Va) this book supported file pdf, txt, epub, kindle and other format this book has been release on 1983 with Law categories.
Clive M Schmitthoff S Select Essays On International Trade Law
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Author : Clive Maximilian Schmitthoff
language : en
Publisher: BRILL
Release Date : 1988-01-01
Clive M Schmitthoff S Select Essays On International Trade Law written by Clive Maximilian Schmitthoff and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988-01-01 with Law categories.
Clive Maximilian Schmitthoff S Select Essays On International Trade Law
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Author : Clive Maximilian Schmitthoff
language : fi
Publisher:
Release Date : 1988
Clive Maximilian Schmitthoff S Select Essays On International Trade Law written by Clive Maximilian Schmitthoff and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988 with categories.
Clive M Schmitthoff S Select Essays On Intrernational Trade Law
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Author : CHia-Jui CHENG
language : en
Publisher:
Release Date : 1988
Clive M Schmitthoff S Select Essays On Intrernational Trade Law written by CHia-Jui CHENG and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988 with categories.
Clive Schmitthoff S Select Essays On International Trade Law
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Author :
language : de
Publisher:
Release Date : 1988
Clive Schmitthoff S Select Essays On International Trade Law written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988 with categories.
Dealing With Bribery And Corruption In International Commercial Arbitration
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Author : Emmanuel Obiora Igbokwe
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2023-01-10
Dealing With Bribery And Corruption In International Commercial Arbitration written by Emmanuel Obiora Igbokwe and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-01-10 with Law categories.
International Arbitration Law Library, Volume 65 International commercial arbitration is by no means free from bribery and corruption. Although a plethora of legal scholarship clearly affirms this contention, a thorough study on the particularly important question of the authority and duty of international commercial arbitrators to investigate a suspicion or indication of bribery or corruption sua sponte ¬– that is, on their own initiative – has been surprisingly lacking. This important book fills this gap, inter alia, by locating sua sponte authority in the position of arbitral tribunals in establishing the facts of a case and ascertaining and applying the applicable normative standards. In addition to providing a comprehensive examination of how the issue of bribery and corruption is dealt with in contemporary international commercial arbitration, the book also highlights the role of arbitrators in global efforts to combat transnational commercial bribery and corruption. Among others, the following critical issues are thoroughly investigated: arbitrability of issues of public interests; intermediary contracts; role of arbitrators in the fact-finding process; party autonomy versus overriding mandatory rules; iura novit curia in international commercial arbitration in the context of bribery and corruption; notion of transnational (or ‘truly international’) public policy; arbitrators’ duty to act as guardians of international commerce; investigative tools available to arbitrators; dealing with manifestly recalcitrant parties; possible consequences of violating the obligation to sua sponte investigate; and the view from developing countries. The analysis leans primarily on Swiss law, as Switzerland is one of the most important jurisdictions in international commercial arbitration; Switzerland has also been involved in some of the most famous and controversial arbitration cases wherein bribery and corruption became an issue. However, the study also includes a comparative analysis of the relevant laws, jurisprudence, and doctrine of other major arbitration venues, particularly England, France, and Germany. Not only in the light it sheds on how and whether international commercial arbitrators have hitherto justified the trust States have placed in them regarding the protection of the public interests but also in the practical solutions it offers arbitrators faced with issues of bribery and corruption, this deeply researched book equips arbitration practitioners and arbitration institutions with a hitherto lacking in-depth analysis on the question of sua sponte investigation. It also provides invaluable insights on how this issue might affect the future, legitimacy and expansion of this dispute settlement mechanism. Outside the field of arbitration, the book also provides jurists, legal scholars, in-house counsel for companies doing transnational business and public officials with highly enlightening perspectives on the interaction between international commercial arbitration and public interests.
Essays In International Law In Honour Of Judge Manfred Lachs
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Author : Jerzy Makarczyk
language : en
Publisher: BRILL
Release Date : 1984-01-01
Essays In International Law In Honour Of Judge Manfred Lachs written by Jerzy Makarczyk and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 1984-01-01 with Law categories.
The Liability Of The Holding Company For The Debts Of Its Insolvent Subsidiaries
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Author : Andrew Muscat
language : en
Publisher: Routledge
Release Date : 2016-12-05
The Liability Of The Holding Company For The Debts Of Its Insolvent Subsidiaries written by Andrew Muscat and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-05 with Law categories.
This work deals with the liability of the holding company for the debts of its insolvent subsidiaries. In analyzing the current position under English law, the work challenges as outmoded and inadequate the virtual dogma that a holding company is not answerable for the debts of its insolvent subsidiaries. The study identifies four separate and distinct types of behavioural practices within corporate groups which may prejudice the interests of external creditors or otherwise constitute an abuse of the corporate form; the subservient subsidiary situation; the inadequately financed subsidiary situation; the integrated economic enterprise situation; and the group persona situation. After weighing the various arguments for and against a change in the law and concluding that reform is called for, the study proceeds to submit some radical proposals for reform. The basic thrust of the reform proposals is that in a number of well-defined situations entity law should give way to an enterprise analysis and holding company liability should be imposed for the debts of insolvent subsidiaries.
The Harmonisation Of National Legal Systems
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Author : Antonios E. Platsas
language : en
Publisher: Edward Elgar Publishing
Release Date : 2017-10-27
The Harmonisation Of National Legal Systems written by Antonios E. Platsas and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-27 with Law categories.
This book offers a novel perspective on the leading concept of harmonisation, advocating the mutual benefits and practical utility of harmonised law. Theoretical models and factors for harmonisation are explored in detail. Antonios E. Platsas acknowledges a range of additional factors and presents harmonisation as a widely applicable and useful theory.
Good Faith In Long Term Relational Supply Contracts In The Context Of Hardship From A Comparative Perspective
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Author : Peng Guo
language : en
Publisher: Springer Nature
Release Date : 2021-11-09
Good Faith In Long Term Relational Supply Contracts In The Context Of Hardship From A Comparative Perspective written by Peng Guo and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-09 with Law categories.
This book provides fair and acceptable solutions to hardship issues in long-term relational supply contracts. This book uses an approach to strike a balance between the traditional approach underlying classical contract law which emphasises the almost absolute prevalence of the principle of pacta sunt servanda and a flexible approach that is based on the principle of clausula rebus sic stantibus. This book argues for an emerging principle of pacta sunt servanda bona fide on the basis of the relational contract theory. Additionally, this book demonstrates how good faith can serve as a foundation for imposing a duty to renegotiate on the parties. The aim of this book is rather to propose how relational contract theory can be applied to the analysis of specific legal rules in general. Lastly, this boos highlights how the duty to renegotiate and the power to adapt a contract can be further developed upon the occurrence of hardship, based on good faith and the relational nature and characteristics of a long-term relational supply contract. This book explores and enriches the existing research on relational contract theory concentrates primarily on its application in domestic contract laws, particularly in the regulation of long-term contracts in American contract law. As an outcome this book provides a more feasible and satisfactory approach for courts or arbitral tribunals to undertake when facing hardship issues in international contract disputes. Overall, hardship themes, long-term relational supply contracts and good faith are examined extensively.