New International Commercial Courts
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New International Commercial Courts
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Author : M. A. N. YIP
language : en
Publisher: Intersentia
Release Date : 2024-04-13
New International Commercial Courts written by M. A. N. YIP and has been published by Intersentia this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-04-13 with categories.
Over the past two decades, various jurisdictions around the world have created new specialised domestic courts to manage international commercial disputes. Located in the Gulf region (Abu Dhabi, Dubai, Qatar), in Asia (Singapore, China, Kazakhstan) and in Europe (Germany, France, the Netherlands), these courts enrich the current landscape of the resolution of international commercial disputes. In particular, they present themselves as alternatives to litigation before ordinary courts, on the one hand, and to international commercial arbitration on the other. This book studies international commercial courts from a comparative perspective through various strands of inquiry. First, it offers a detailed analysis of the reasons for the creation of these courts and examines their jurisdictional, institutional and procedural features, answering questions such as: what are the disputes that international commercial courts hear? Who sits on the bench of these courts and who may argue cases? How do international commercial courts conduct their proceedings, and how different are the proceedings within ordinary courts? Second, to complement the first line of inquiry, the book scrutinises the motivations and/or constraints of jurisdictions that have decided against launching their own versions of ' international commercial courts' . Finally, and most crucially, it systematically reviews the impact and the success of international commercial courts, addressing questions such as: what are the metrics of success, and is success wholly dependent on size of the docket? What role do the courts play in international commercial dispute resolution? What contributions can we expect from them in the future? Are these courts necessary? In addressing these questions, this text advances our understanding of the role of international commercial courts in the resolution of cross-border disputes. MAN YIP is a Professor of Law, Associate Dean (Faculty Matters & Research) and the V3 Group Professor in Family Entrepreneurship at the Yong Pung How School of Law at Singapore Management University. She graduated with an LLB from the National University of Singapore and obtained her BCL from the University of Oxford, where she was in residence at Keble College. Her research has been cited by the Singapore Court of Appeal, the Singapore High Court and the High Court of England and Wales. GIESELA RÜ HL is a Professor of Law at Humboldt University of Berlin, Germany. She is a member of the European Law Institute, the International Academy of Comparative Law and the European Academy of Sciences and Arts. She serves as the Secretary General of the European Association of Private International Law (EAPIL). Her research has received awards from the Max Planck Society, the German National Academy of Sciences Leopoldina and the American Society of International Law.
International Commercial Courts
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Author : Stavros Brekoulakis
language : en
Publisher: Cambridge University Press
Release Date : 2022-04-21
International Commercial Courts written by Stavros Brekoulakis and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-04-21 with Law categories.
The book presents international commercial courts from a comparative perspective and highlights their role in transnational adjudication.
International Commercial Disputes
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Author : Jonathan Hill
language : en
Publisher: Bloomsbury Publishing
Release Date : 2014-11-24
International Commercial Disputes written by Jonathan Hill and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-11-24 with Law categories.
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. This title is included in Bloomsbury Professional's International Arbitration online service.
Dispute Resolution In China Europe And World
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Author : Lei Chen
language : en
Publisher: Springer Nature
Release Date : 2020-04-11
Dispute Resolution In China Europe And World written by Lei Chen and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-04-11 with Law categories.
This book brings together articles from leading experts in the field of international dispute resolution. The main focus is on the situation in Asia, though the European perspective also plays an important part. Accordingly, the focus on the Asian dispute resolution market with a distinctly American and European “touch” is one of the book’s most unique features. The dispute resolution market is rapidly transforming, and dispute resolution law is changing with it –especially in Asia. This book highlights recent advances and outlines future trends in this area. Emphasis is especially placed on International Commercial Arbitration Law on the one hand; and on International Investment Arbitration Law on the other. Two dedicated sections address these two topics, while another is dedicated to a quite new phenomenon in the field of international dispute resolution, the emergence of International Commercial Courts not only in Asia, but also in other regions of the world (e.g. in the Netherlands). This raises a host of interesting legal questions, which the book addresses. The book’s final section investigates general trends in dispute resolution (e.g. the rising cost problem in arbitration in general).
International Business Courts
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Author : Xandra Ellen Kramer
language : en
Publisher:
Release Date : 2019
International Business Courts written by Xandra Ellen Kramer and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Commercial courts categories.
This book "provides a comprehensive critical evaluation of the institutional design and procedural rules of established and emerging international business courts. It focuses on major European and global centres. It assesses to what extent these courts, the competition between them and their interrelationship with arbitration, contribute to justice innovation. It considers their impact on access to justice and the global litigation market, as well as their effect on the rule of law"--
New Frontiers In Asia Pacific International Arbitration And Dispute Resolution
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Author : Shahla Ali
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2020-12-10
New Frontiers In Asia Pacific International Arbitration And Dispute Resolution written by Shahla Ali 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 2020-12-10 with Law categories.
International Arbitration Law Library Volume 59 The eastward shift in international dispute resolution has already involved initiatives not only to improve support for international commercial arbitration (ICA) and investor-state dispute settlement (ISDS) but also to develop alternatives such as international commercial courts and mediation. Focusing on these initiatives and their accompanying case law and trends in the Asia-Pacific region, this invaluable book challenges existing procedures and frameworks for cross-border dispute resolution in both commercial and treaty arbitration. Specially assembled for this project, an outstanding team of experienced and insightful arbitrators and scholars describes pertinent developments including: ICA and ISDS in the context of China’s Belt and Road Initiative; the Singapore Convention on Mediation; the shift to virtual hearings and other challenges from the COVID-19 pandemic; mistrust of the application of the rule of law in certain East Asian jurisdictions; growing public concern over ISDS arbitration; tensions between confidentiality and transparency; and potential regional harmonisation of the public policy exception to arbitral enforcement. The contributors chart evolving practices and high-profile cases to make informed observations about where changes are needed, as well as educated guesses about the chances of reforms being successful and the consequences if they are not. The main jurisdictions covered are China, Hong Kong, Japan, Malaysia, India, Australia and Singapore. The first in-depth study of recent trends in dispute resolution practice related to business in the Asia-Pacific region, the book’s practical analysis of new resources for dealing with the increasing competition among countries to become credible regional dispute resolution hubs will prove to be of great value to specialists in the international business law sector. Lawyers will be enabled to make informed decisions on which venue and dispute resolution methods are the most suitable for any specific dispute in the region, and policymakers will confidently assess emerging trends in international dispute resolution policy development and treaty-making.
International Commercial Arbitration In New York
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Author : James H. Carter
language : en
Publisher: Oxford University Press
Release Date : 2013
International Commercial Arbitration In New York written by James H. Carter 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 2013 with Law categories.
International Commercial Arbitration in New York focuses on the distinctive aspects of international arbitration in New York. Serving as an essential strategic guide, this book allows practitioners to represent clients more effectively in cases where New York is implicated as either the place of arbitration or evidence or assets are located in New York. Each chapter elucidates a vital topic, including the existing New York legal landscape, drafting considerations for clauses designating New York as the place of arbitration, and material and advice on selecting arbitrators. The book also covers a series of topics at the intersection of arbitral process and the New York courts, including jurisdiction, enforcing arbitration agreements, and obtaining preliminary relief and discovery. Class action arbitration, challenging and enforcing arbitral awards, and biographical materials on New York-based international arbitrators is also included, making this a comprehensive, valuable resource for practitioners.
International Commercial Litigation
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Author : Trevor C. Hartley
language : en
Publisher: Cambridge University Press
Release Date : 2020-05-07
International Commercial Litigation written by Trevor C. Hartley and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-05-07 with Law categories.
Retaining its practical emphasis, this new edition has been fully revised and updated to reflect important new developments.
International Commercial Arbitration In United States Courts
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Author : Gary Born
language : en
Publisher: Springer
Release Date : 1994-08-04
International Commercial Arbitration In United States Courts written by Gary Born and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994-08-04 with Law categories.
Rethinking International Commercial Arbitration
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Author : Gilles Cuniberti
language : en
Publisher: Edward Elgar Publishing
Release Date : 2017-05-26
Rethinking International Commercial Arbitration written by Gilles Cuniberti 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 2017-05-26 with LAW categories.
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.