Lis Pendens In International Litigation
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Lis Pendens In International Litigation
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Author : Campbell McLachlan
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2009-07-15
Lis Pendens In International Litigation written by Campbell McLachlan and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-07-15 with Law categories.
What legal principles apply when courts in different jurisdictions are simultaneously seised with the same dispute ? This question — of international lis pendens — has long been controversial. But it has taken on new and urgent importance in our age. Globalization has driven an unprecedented rise in forum shopping between national courts and a proliferation of new international tribunals. Problems of litispendence have spawned some of the most dramatic litigation of modern times — from anti-suit injunction battles in commercial disputes, to the appeals of prisoners on death row to international human rights tribunals. The way we respond to this challenge has profound theoretical implications for the interaction of legal systems in today’s pluralistic world. In this wide-ranging survey, McLachlan analyses the problems of parallel litigation — in private and public international law and international arbitration. He argues that we need to develop a more sophisticated set of rules of conflict of litigation, guided by a cosmopolitan conception of the rule of law.
International Litigation And Arbitration
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Author : Andreas F. Lowenfeld
language : en
Publisher: West Academic Publishing
Release Date : 2006
International Litigation And Arbitration written by Andreas F. Lowenfeld and has been published by West Academic Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.
Preface Acknowledgments Table of Cases Chapter Public Law and the Conflict of Laws The Public Law Taboo The Revenue Rule Reconsidered Jurisdiction to Prescribe A First Look at Extraterritoriality The Search for Criteria The Same Problems a Generation Later Jurisdiction of Courts The U.S. Supreme Court and Jurisdiction to Adjudicate Jurisdiction of Courts in Comparative Context: The European Perspective Suing a Multinational Enterprise Service of Process Across International Frontiers: The Hague Service Convention Property as a Basis of Jurisdiction Forum Non Conveniens, Lis Pendens, and Parallel Litigation Arbitration of International Disputes Forum Selection Clauses in International Transactions: Litigation, Arbitration, and the Question of Arbitrability A Primer on International Commercial Arbitration The United Nations Convention on Recognition and Enforcement of Arbitral Awards Judicial Review of Arbitral Awards at the Place of Arbitration ICSID, Bilateral Investment Treaties and Arbitration of Investment Disputes Enforcement of Foreign Judgments Development of the Law of Foreign Judgments in the United States Jurisdiction, Default Judgments and the Public Policy Defense Recognition of Foreign Judgments in Europe A Look Ahead: Can the Law of Judgments Go Global? The Act of State Doctrine The Act of State Doctrine Attempts to Limit the Act of State Doctrine Exceptions to Application of the Doctrine The Situs of Debts and the Act of State Doctrine Act of State in a Non-Expropriation Context Claims Against Foreign States in Domestic Courts The Development of Sovereign Immunity Law in the United States The Foreign Sovereign Immunity Act of 1976 Special Problems in Suing Foreign Governments and Instrumentalities Abuse of Human Rights, Terrorism, and Civil Litigation Resort to United States Courts: The Alient Tort Statute Expanded Resort to the Alien Tort Statute American Plaintiffs and Action in Congress Discovery of Information Located Abroad Introduction The Foreign Compulsion Defense Public and Private Interests Intertwined Law Enforcement and Secrecy Laws International Judicial Assistance.
International Arbitration And Private International Law
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Author : George A. Bermann
language : en
Publisher: BRILL
Release Date : 2017-05-15
International Arbitration And Private International Law written by George A. Bermann and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-05-15 with Law categories.
No field of legal scholarship or practice operates in the world of private international law as continuously and pervasively as does international arbitration, commercial and investment alike. Arbitration’s dependence on private international law manifests itself throughout the life-cycle of arbitration, from the crafting of an enforceable arbitration agreement, through the entire arbitral process, to the time an award comes before a national court for annulment or for recognition and enforcement. Thus international arbitration provides both arbitral tribunals and courts with constant challenges. Courts may come to the task already equipped with longstanding private international law assumptions, but international arbitrators must largely find their own way through the private international law thicket. Arbitrators and courts take guidance in their private international law inquiries from multiple sources: party agreement, institutional rules, treaties, the national law of competing jurisdictions and an abundance of “soft law”, some of which may even be regarded as expressing an international standard. In a world of this sort, private international law resourcefulness is fundamental.
Declining Jurisdiction In Private International Law
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Author : J. J. Fawcett
language : en
Publisher: Oxford University Press
Release Date : 1995
Declining Jurisdiction In Private International Law written by J. J. Fawcett and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Common law categories.
The subject of declining jurisdiction in private international law is one of enormous practical importance and academic interest. It is also a topic where a comparative approach is particularly revealing. This book contains the 17 national reports and the general report on the subject of`Rules for declining to exercise jurisdiction: Forum Non Conveniens, Lis Pendens'. The Reports were held in Athens/Delphi in August 1994. The list of nations for which a report has been prepared is as follows: Argentina, Brazil, Canada, Quebec, Finland, France, Germany, Great Britain, Greece,Israel, Italy, Japan, The Netherlands, New Zealand, Sweden, Switzerland, and USA.This book by bringing together all the reports on `Declining Jurisdiction' provides a unique insight into this topic, and, dealing as it does with a key aspect of private international law, fits very well into the Oxford series of monographs on private international law.
Private International Law And The Internet
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Author : Dan Jerker B. Svantesson
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2016-03-22
Private International Law And The Internet written by Dan Jerker B. Svantesson 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 2016-03-22 with Law categories.
In this, the third edition of Private International Law and the Internet, Professor Dan Svantesson provides a detailed and insightful account of what is emerging as the most crucial current issue in private international law; that is, how the Internet affects and is affected by the four fundamental questions: When should a lawsuit be entertained by the courts? Which state's law should be applied? When should a court that can entertain a lawsuit decline to do so? And will a judgment rendered in one country be recognized and enforced in another? He identifies and investigates twelve characteristics of Internet communication that are relevant to these questions, and then proceeds with a detailed discussion of what is required of modern private international law rules. Professor Svantesson's approach focuses on several issues that have far-reaching practical consequences in the Internet context, including the following: • cross-border defamation; • cross-border business contracts; • cross-border consumer contracts; and • cross-border intellectual property issues. A wide survey of private international law solutions encompasses insightful and timely analyses of relevant laws adopted in a variety of countries including Australia, England, Hong Kong, the United States, Germany, Sweden, and China as well as in a range of international instruments. There is also a chapter on advances in geo-identification technology and its special value for legal practice. The book concludes with two model international conventions, one on cross-border defamation and one on cross-border contracts; as well as a set of practical check-lists to guide legal practitioners faced with cross-border matters within the discussed fields. Professor Svantesson's book brings together a wealth of research findings in the overlapping disciplines of law and technology that will be of particular utility to practitioners and academics working in this new and rapidly changing field. His thoughtful analysis of the interplay of the developing Internet and private international law will also be of great value, as will the tools he offers with which to anticipate the future. Private International Law and the Internet provides a remarkable stimulus to continue working towards globally acceptable rules on jurisdiction, applicable law, and recognition and enforcement of judgments for communication via the Internet.
Forum Non Conveniens
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Author : Ronald A. Brand
language : en
Publisher: Oxford University Press
Release Date : 2007-07-27
Forum Non Conveniens written by Ronald A. Brand and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-07-27 with Law categories.
With increased international trade transactions and a corresponding increase in disputes arising from those transactions, the application of the doctrine of Forum Non Conveniens - the discretionary power of a court to decline jurisdiction based on the convenience of the parties and the interests of justice - has become extremely relevant when determining which country's court should preside over a controversy involving nationals of different countries. Forum Non Conveniens: History, Global Practice, and Future Under the Hague Convention on Choice of Court Agreements provides an in-depth analysis of the common law doctrine of Forum Non Conveniens as it has evolved in the four major common law countries (UK, US, Canada, and Australia), and looks at the similarities and differences of the doctrine among those four countries. It compares Forum Non Conveniens to the more rigid analogous doctrine of Lis Alibi Pendens found in civil law countries, which requires automatic deference to the court where a dispute is first filed and explains current initiatives for coordinating jurisdictional issues between the common law and civil law systems, the most important of which is the 2005 Hague Convention on Choice of Court Agreements. The authors explain how the Hague Convention provides a rational approach to the confluence of common law and civil law doctrines and how its application to international transactions is likely to temper judicial application of the doctrine of Forum Non Conveniens and provides greater predictability with respect to enforcement of private party choice of court agreements. Forum Non Conveniens: History, Global Practice, and Future Under the Hague Convention on Choice of Court Agreements is the only book to provide a complete explanation of Forum Non Conveniens in the context of global litigation, making it a very important resource and reference work.
Brussels Ibis Regulation
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Author : Vesna Lazić
language : en
Publisher: Springer
Release Date : 2016-11-24
Brussels Ibis Regulation written by Vesna Lazić and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-24 with Law categories.
This book focuses on major amendments introduced in the Brussels I regulatory framework. The contributions scrutenise the changes introduced in the Brussels Ibis Regulation, a legal instrument that presents a core of the unification of private international law rules on the European Union level. It is one of the first publications addressing all the changes in the Brussels I regulatory scheme, which takes into consideration relevant CJEU case law up to July 2016. The texts, written by legal scholars who have published extensively in the field of private international law and international civil procedure, will add to the development of EU private international law. In addition, the authors’ critical analysis may open further discussions on the topic and so benefit a consistent and harmonised application of the Regulation. In this respect the book takes a different approach than the commentaries which have so far been published. It is primarily meant for legal academics in private international law and practitioners who are regularly engaged in cross-border civil proceedings. It may also be of added value to advanced students and to those with a particular interest in the subject of international litigation and more generally in the area of dispute resolution. Vesna Lazić is a Senior Researcher at the T.M.C. Asser Instituut, an Associate Professor of Private Law at Utrecht University and Professor of European Civil Procedure at the University of Rijeka. Steven Stuij is an expert in Private International Law and an external Ph.D. candidate at Erasmus School of Law, Rotterdam.
International Investment Arbitration
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Author : Campbell McLachlan
language : en
Publisher: Oxford International Arbitrati
Release Date : 2017
International Investment Arbitration written by Campbell McLachlan and has been published by Oxford International Arbitrati this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Law categories.
Arbitration of international investment disputes is one of the fastest growing areas of international dispute resolution. This book surveys the substantive principles which are being applied to disputes by international investment tribunals.
Foreign Affairs In English Courts
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Author : Frederick Alexander Mann
language : en
Publisher:
Release Date : 1986
Foreign Affairs In English Courts written by Frederick Alexander Mann and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1986 with Law categories.
Considering the aspects of foreign affairs which arise in English court cases, this book treats questions regarding the relationship between international and domestic law, the sovereignty of the Crown, and the relationship between the Crown and the courts.
Collective Redress And Private International Law In The Eu
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Author : Thijs Bosters
language : en
Publisher: Springer
Release Date : 2017-07-06
Collective Redress And Private International Law In The Eu written by Thijs Bosters and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-06 with Law categories.
This book specifically covers issues regarding jurisdiction and the recognition andenforcement of judgments in cross-border mass disputes relating to financial services.Collective redress mechanisms, legal mechanisms which can be used to resolve mass disputescollectively, are growing more important. Due to the global increase in cross-bordertrade and financial transactions, the number of cross-border mass disputes has increased.In the EU, several prototypes of collective redress mechanism exist that can be used toresolve mass disputes and, aside from the EU’s recommendation on the drafting oflaws relating to collective redress, a reevaluation of the Brussels Regulation has alsotaken place as on 10 January 2015 the Brussels I-bis Regulation replaced the old BrusselsRegulation dating from 2000. In spite of a minor reference to collective redress in the Commission proposal, BrusselsI-bis does not contain any provision relating to collective redress. As a result, many questionsregarding cross-border mass disputes and the relevant private international law issues remainunanswered and unresolved. This book sets out to describe the most important prototypesby referring to actual collective redress mechanisms. In addition, it also sets out how parties to such mass disputes can confer jurisdiction to courtsin the EU and what the various pitfalls are. Moreover, the rules concerning the recognitionand enforcement of judgments originating from a collective procedure are listed. Ascross-border collective redress mechanisms and the rules of private international law to beused in such a context are still being developed, the goals of private international law andthe goals of the referred collective redress mechanisms are analysed to provide an insightinto how these sets of rules should and could be employed. This book is primarily aimed at researchers, practitioners and lawmakers actively involvedin and/or professionally interested in the field of private international law and collectiveredress mechanisms and should prove very useful in providing them with a greater in-depthunderstanding of the issues at hand. Thijs Bosters is a law clerk at the Dutch Supreme Court. Prior to his work at the SupremeCourt, he was an attorney-at-law with NautaDutilh in The Netherlands, where he workedin the Litigation & Arbitration department.