Performance As A Remedy
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Performance As A Remedy
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Author : Michael E. Schneider
language : en
Publisher: Juris Publishing, Inc.
Release Date : 2011
Performance As A Remedy written by Michael E. Schneider and has been published by Juris Publishing, Inc. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Arbitration and award, International categories.
This publication contains the results of a research project carried out by the Swiss Arbitration Association (ASA) on a question that has received relatively little attention in legal commentary so far: performance as a remedy in international arbitration. Twelve contributions address, by reference to legal theory and to arbitration practice, the question of whether arbitrators can order a party to perform or abstain from performing certain acts (be it in the form of an interim order or in an award on the merits), in what circumstances, and how such orders are made and the issues of procedure and enforcement that they raise. The particular value of the present compilation lies in the diversity of perspectives it presents. A thorough academic introduction of the subject is followed by reports from nine major international arbitral institutions, including the ICC, LCIA, ICDR/AAA as well as WIPO, Swiss, DIS, Vienna and KLRCA that provide a unique insight into their practical experience with performance as a remedy in arbitrations carried out under their auspices. Further, experts in the fields of corporate law, competition law, construction law, sports law, and international trade provide their perspective of performance as a remedy in their respective fields. Performance orders as interim measures are dealt with in a separate chapter. Particular attention is given to some of the difficult questions that arise when awards for non-monetary relief must be enforced. Performance as a Remedy is indispensable in that it provides both analysis and practical guidance on the subject and is a major contribution to the field in this to further particularly challenging area of arbitration law.
Performance Oriented Remedies In European Sale Of Goods Law
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Author : Vanessa Mak
language : en
Publisher: Bloomsbury Publishing
Release Date : 2009-01-15
Performance Oriented Remedies In European Sale Of Goods Law written by Vanessa Mak and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-15 with Law categories.
Contractual remedies aimed at performance create a well-known rift between common law and civil law traditions, in the one existing in the shadow of damages, whilst in the other regarded as a generally enforceable right following from the contract. Developments in approximation of laws in Europe, in particular in consumer sales law, suggest however that a convergence of these approaches may be within reach. Putting the focus on the contract of sale, which as the most common type of contract may fulfil a leading role in the harmonisation process, this book aims to provide a model for further convergence of European sales laws, engaging with issues of contract theory and comparative law lying at the heart of the process. Independently from this, the comparison between different systems is used in order to highlight particular problems in the remedial schemes of individual systems and to see whether a better solution may be borrowed from elsewhere. Scaling the interests of sellers and buyers as reflected in national laws as well as in uniform sets of rules such as CISG and PECL, a plea is made for a primary position for performance-oriented remedies in the harmonisation of European sales law. In this context, special significance is attributed to the possibility of cure by the seller, which has both practical and conceptual links to the buyer's remedies aimed at performance.
Specific Performance
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Author : Nick Jones
language : en
Publisher: Bloomsbury Professional
Release Date : 1996-01-01
Specific Performance written by Nick Jones and has been published by Bloomsbury Professional this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996-01-01 with Law categories.
"The equitable remedy of specific performance continues to be a popular method whereby practitioners seek, on behalf of their clients, to enforce contractual arrangements reached with third parties. The book examines in detail the area of insolvency in the context of specific performance, together with coverage of the Civil Jurisdiction and Judgments Acts 1982 and 1991 which have had a considerable impact on the subject and which were not in force when the first edition was published. "
Chinese Contract Law
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Author : Larry A. DiMatteo
language : en
Publisher: Cambridge University Press
Release Date : 2017-10-26
Chinese Contract Law written by Larry A. DiMatteo 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 2017-10-26 with Law categories.
A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.
Equity And Trusts
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Author : Alastair Hudson
language : en
Publisher: Psychology Press
Release Date : 2005
Equity And Trusts written by Alastair Hudson and has been published by Psychology Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Law categories.
Equity and Trusts has quickly established itself as a market leader due to it clarity, insight and accessibility in what is perhaps the most complex of legal areas. Hudson's scholarly account of the subject makes this text sufficiently authoritative for trust practitioners but also provides a comprehensible introduction for a student audience. As in previous editions, the traditional doctrines are analyzsed in the context of current issues and the book's progressive approach intersperses discussion of the core ideas with clear examples. This fourth edition has been extensively rewritten and includes new chapters on: understanding the trust certainty in the creation of express trusts the rights of beneficiaries and the beneficiary principle, formalities in the creation of express trusts, constructive trusts breach of trust miscellaneous equitable remedies. Individual essays on the nature of express trusts, the law on fiduciaries, family law, human rights law and equity draw together the main principles while examining related questions of restitution and social justice. This book is essential reading for all those seeking a modern approach to this crucial area of law.
Remedies
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Author : Aspen Publishers
language : en
Publisher: Wolters Kluwer
Release Date : 2009-05-01
Remedies written by Aspen Publishers and has been published by Wolters Kluwer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-05-01 with Law categories.
After your casebook, Casenote Legal Briefs will be your most important reference source for the entire semester. It is the most popular legal briefs series available, with over 140 titles, and is relied on by thousands of students for its expert case summaries, comprehensive analysis of concurrences and dissents, as well as of the majority opinion in the briefs. Casenote Legal Briefs Features: Keyed to specific casebooks by title/author Most current briefs available Redesigned for greater student accessibility Sample brief with element descriptions called out Redesigned chapter opener provides rule of law and page number for each brief Quick Course Outline chart included with major titles Revised glossary in dictionary format
Commercial Remedies
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Author : Graham Virgo
language : en
Publisher: Cambridge University Press
Release Date : 2017-08-24
Commercial Remedies written by Graham Virgo 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 2017-08-24 with Law categories.
Written by leading experts, this book offers unique coverage of the most difficult and pressing concerns within commercial remedies.
Remedies For Breach Of Contract
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Author : Mindy Chen-Wishart
language : en
Publisher: Oxford University Press
Release Date : 2016-02-12
Remedies For Breach Of Contract written by Mindy Chen-Wishart 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 2016-02-12 with Law categories.
Studies in the Contract Laws of Asia provides an authoritative account of the contract law regimes of selected Asian jurisdictions, including the major centres of commerce where until now, limited critical commentaries have been available in the English language. In this new six part series of scholarly essays from leading scholars and commentators, each volume will offer an insider's perspective into specific areas of contract law, including: remedies, formation, parties, contents, vitiating factors, change of circumstances, illegality, and public policy, and will explore how these diverse jurisdictions address common problems encountered in contractual disputes. Concluding each volume will be a closing discussion of the convergences and divergences across the jurisdictions. Volume I of this series examines the remedies for breach of contract in the laws of China, India, Japan, Korea, Taiwan, Singapore, Malaysia, Hong Kong, Korea, and Thailand. Specifically, it addresses the readiness of each legal system in their action to insist that parties perform their obligations; the methods of enforcing the parties' agreed remedies for breach; and the ways in which monetary compensation are awarded. Each jurisdiction is discussed over two chapters; the first chapter will examine the performance remedies and agreed remedies, while the second explores the monetary remedies. A concluding chapter offers a comparative overview.
Studies In The Contract Laws Of Asia
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Author : Mindy Chen-Wishart
language : en
Publisher: Oxford University Press
Release Date : 2016
Studies In The Contract Laws Of Asia written by Mindy Chen-Wishart 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 2016 with Law categories.
Studies in the Contract Laws of Asia provides an authoritative account of the contract law regimes of selected Asian jurisdictions, including the major centres of commerce where until now, limited critical commentaries have been available in the English language. In this new six part series of scholarly essays from leading scholars and commentators, each volume will offer an insider's perspective into specific areas of contract law, including: remedies, formation, parties, contents, vitiating factors, change of circumstances, illegality, and public policy, and will explore how these diverse jurisdictions address common problems encountered in contractual disputes. Concluding each volume will be a closing discussion of the convergences and divergences throughout eachacross the jurisdictions, and comparisons with European jurisdictions from which Asians well as an overview of the common themes found throughout each jurisdiction .contract law derive. Volume I of this series examines the remedies for breach of contract in the laws of China, India, Japan, Korea, Taiwan, Singapore, Malaysia, Hong Kong, Korea, and Thailand. Specifically, it addresses the readiness of each legal system in their action to insist that parties perform their obligations; the methods of enforcing the parties' agreed remedies for breach; and the ways in which monetary compensation are awarded. Each jurisdiction is discussed over two chapters; the first chapter will examine the performance remedies and agreed remedies, while the second explores the monetary remedies. A concluding chapter offers a comparative overview.
The International Sale Of Goods Revisited
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Author : Petar Sarcevic
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2001-06-27
The International Sale Of Goods Revisited written by Petar Sarcevic 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 2001-06-27 with Law categories.
The contributors to this volume, well-known experts from Europe and the US, analyze various issues relating to the United Nations Convention on Contracts for the International Sale of Goods (CISG). With its current global network of 58 Contracting States, the CISG is widely applied in practice today. To make the growing case law on this subject matter readily accessible, the UNCITRAL Secretariat in Vienna has set up a reporting system for national court decisions relating to the CISG. The extensive documentation already collected there and elsewhere will surely have a lasting impact on the ongoing scholarly debate on this topic. The present book is intended to contribute to this debate by addressing controversial issues relating to the interpretation and application of some important provisions of the new sales law. In addition, several authors also deal with the development of international principles of contract law, such as the Principles of European Contract Law, the UNIDROIT Principles and the lex mercatoria . In view of the increasing number of such rules, a discussion of the CISG would be incomplete without taking account of the relationship of the Convention to these principles as well.