Perspectives On Declaratory Relief
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Perspectives On Declaratory Relief
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Author : Kanaga Dharmananda
language : en
Publisher: Federation Press
Release Date : 2009
Perspectives On Declaratory Relief written by Kanaga Dharmananda and has been published by Federation Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Law categories.
In Sankey v Whitlam (1978) 142 CLR 1 at 25, Gibbs ACJ remarked that: "The power to make declaratory orders has proved to be a valuable addition to the armoury of the law."Declaratory proceedings are practical and remain one of the most popular remedies in both civil, commercial and public law litigation. In the past few years, the declaration was the remedy sought in a number of high profile cases, including the constitutional challenge to the Workchoices legislation, the AWB privilege claims, the Channel 7 litigation and as to the status of certain proofs of debt in the Sons of Gwalia insolvency. But despite its regular and broad practical application, no Australian work on the subject has been published since 1984.This book is a collection of papers by eminent Australian jurists on the law of, and major issues involved in obtaining, declaratory relief. They address major questions about declaratory relief, including the jurisdiction and power to award the remedy, its development, historical origins and the discretion vested in a court hearing an action for declaratory relief. It also addresses practical aspects such as the form or terms of the declaration to be ordered and provides some precedents.All royalties from this work are being directed towards the Indigenous Legal Scholarship program at the University of Western Australia, Law School.
The Legal Real And Converged Interest In Declaratory Relief
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Author : Beata Gessel-Kalinowska vel Kalisz
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2019-05-16
The Legal Real And Converged Interest In Declaratory Relief written by Beata Gessel-Kalinowska vel Kalisz 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 2019-05-16 with Law categories.
Worldwide, in both litigation and arbitration, the term ‘declaration’ refers to both what is sought by the parties and what is granted by the judicial authority. In the latter case, it can be construed as a remedy known as ‘declaratory relief’, where the plaintiff seeks an authoritative judicial statement of the legal relationship. Although of enormous significance in dispute resolution, declaratory relief has not been analysed in detail until this deeply informed study. The book’s main focus is on declaratory relief relating to disputes resolved within the framework of international commercial arbitration and litigation. Focusing on the notion of ‘legal interest’ – which the author views as a serious limitation of access to justice – the book sets out to redefine the term in order to respond to the needs of modern legal dealing. Issues and topics such as the following are thoroughly considered: the concept of legal interest as a prerequisite to granting a declaration; circumstances under which relief based on a declaratory judgment may be granted; determination of a plaintiff’s ‘legal interest’ in having a legal relationship established by a judicial ruling; powers of the court or tribunal in various jurisdictions, emphasizing the contrast between ‘legal interest’ in Germanic law and ‘real interest’ in English law; combining a declaration with a coercive measure; role of the arbitration agreement and applicable arbitration law; and how arbitration can neutralize the strict notion of legal interest (‘converged interest’). Case law, including numerous previously unpublished arbitration awards, is fully taken into account. The final chapter elaborates a new interpretation of the declaratory relief concept, encompassing civil substantive and procedural law enriched by theory of justice, comparative analysis and statistical analysis. Apart from the foregoing analysis by the Author, the publication is supplemented with an annex, which presents expert reports by local practitioners on the relevant legal characteristics in Germanic civil law jurisdictions (Austria, Germany, Poland and Switzerland). Given that recent legal scholarship has been increasingly insistent that judicial practice should evolve towards broader use of declarations, particularly where interpretation of contractual stipulations is necessary, this book holds a crucial place in current theory and practice in both litigation and arbitration contexts. With its challenging redefinition of the legal interest concept, it promises to play an important role in formulation of relief in dispute resolution, particularly in international commercial arbitration. Lawyers and arbitrators will benefit from awareness of how other tribunals decide and how awards can be formulated, and arbitration institutions as well as academics in the field will welcome this deeply informative analysis.
Parallel Proceedings In International Arbitration
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Author : Nadja Erk
language : en
Publisher:
Release Date : 2014
Parallel Proceedings In International Arbitration written by Nadja Erk and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Law categories.
This book depicts and evaluates, in a European context, the pleas and actions which parties may make use of to dissolve the parallel jurisdiction of a national court and an arbitral tribunal. The author undertakes a thorough comparative analysis of the motivations for, and practice of, such pleas and actions with special regard to the major hubs where elaborate arbitration laws are tried and tested by the arbitration community - Germany, France, Switzerland, and England. 0On the basis of four scenarios of parallel proceedings before national courts and arbitral tribunals, the analysis tackles such issues and topics as the following: motivations for initiating parallel proceedings from the various parties' perspectives; remedies available to parties in situations of jurisdictional conflicts; effect of the principle of competence-competence on national courts' review of arbitration agreements; pleas restricting national courts' exercise of jurisdiction to a review of core principles (arbitration defence); self-restraining pleas independent of an arbitration agreement (plea of litispendence); actions for declaratory relief; actions aimed at restraining another court's or tribunal's jurisdiction (anti-suit/anti-arbitration injunctions); pleas invoked to avoid procedural inefficiencies and inconsistencies (plea of res judicata); counsel's duty of care and arbitral tribunal's mandate to issue an enforceable award; and litigation culture versus arbitration-friendliness.
Perspective
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Author : Charles Rembar
language : en
Publisher: Open Road Media
Release Date : 2015-07-21
Perspective written by Charles Rembar and has been published by Open Road Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-07-21 with Law categories.
Sixteen essays about the First Amendment from the man who changed the way America reads literature A lawyer, literary agent, and author, Charles Rembar never stopped fighting against the puritanical laws that prevented Americans from consuming controversial art. These so-called anti-obscenity laws prevented the sale and distribution of books that, at the time, were considered racy, salacious, or downright pornographic. During a time of great political and cultural upheaval, Rembar was instrumental in ushering in a significant change in how America views literature, and in maintaining the importance of our First Amendment rights. Perspective collects sixteen essays written between 1967 and 1974, each primarily concerned with the “scope and meaning” of the First Amendment. Divided into three sections, Perspective offers insight into the major “constitutional crises” of the time: freedom of expression, the right to a fair trial, and impeachment. Miles away from dry legalese, Rembar’s conversational, often humorous style makes this collection as enjoyable as it is informative. His thought-provoking essays—whether about the Watergate hearings, the trial of Dr. Spock, Bobby Seale’s imprisonment, or literary and artistic freedom—have never been more relevant than they are today.
Civil Procedure Of The Trial Court In Historical Perspective
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Author : Robert Wyness Millar
language : en
Publisher: The Lawbook Exchange, Ltd.
Release Date : 2005
Civil Procedure Of The Trial Court In Historical Perspective written by Robert Wyness Millar and has been published by The Lawbook Exchange, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Civil procedure categories.
Reprint of a title from the Judicial Administration Series published by the National Conference of Judicial Councils. Originally published: New York: Published by the Law Center of New York University for the National Conference of Judicial Councils, 1952. xvi, 534 pp. Written near the end of Millar's career, the present study is a brilliant summary of his life's work. It discusses antecedents of the Anglo-American system, the evolution of procedure and American and English civil procedure in the nineteenth century. Other chapters discuss the development of specific areas, such as introduction of the cause, mode of trial and voluntary dismissal. "In a society which so often confuses quantity with quality - or at least tends to regard quantity as a necessary ingredient of quality - it is not surprising that American legal texts labeled "great" have generally been multi-volumed ones. While the number of volumes certainly does not detract from the worth of a Williston on Contracts or a Wigmore on Evidence, their sheer size has made them more easily recognizable, in our society, as classics. On the other hand, the single volume American law books receiving the label of greatness would make a sparse list indeed. To this elite list must now be added Professor Millar's Civil Procedure of the Trial Court in Historical Perspective." --Philip P. Kurland, Harvard Law Review 66 (1952-1953) 1542 Robert Wyness Millar [1876-1959], a professor at Northwestern University Law School, was a leading authority on civil procedure and its history. Miller 1937 Millar was the author of The Old Regime and the New in Civil Procedure (1937) and, with co-author Arthur Engelmann, A History of Continental Civil Procedure (1927).
Perspectives On Commercializing Innovation
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Author : F. Scott Kieff
language : en
Publisher: Cambridge University Press
Release Date : 2011-11-21
Perspectives On Commercializing Innovation written by F. Scott Kieff 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 2011-11-21 with Law categories.
Intellectual property is a vital part of the global economy, accounting for about half of the GDP in countries like the United States. Innovation, competition, economic growth and jobs can all be helped or hurt by different approaches to this key asset class, where seemingly slight changes in the rules of the game can have remarkable impact. This book brings together diverse perspectives from the fields of law, economics, business and political science to explore the ways varying approaches to intellectual property can positively and negatively impact our economy and society. Employing approaches that are both theoretically rigorous and grounded in the real world, Perspectives on Commercializing Innovation is well suited for practising lawyers, managers, lawmakers and analysts, as well as academics conducting research or teaching in a range of courses in law schools, business schools and economics departments, at either the undergraduate or graduate level.
New Perspectives In American Politics
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Author : Lucius J. Barker
language : en
Publisher: Taylor & Francis
Release Date : 2017-07-12
New Perspectives In American Politics written by Lucius J. Barker and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-12 with Political Science categories.
The official publication of the National Conference of Black Political Scientists, this annual publication includes significant scholarly research reflecting the diverse interests of scholars from various backgrounds who use a variety of models, approaches, and methodologies. What unites the organization, and this annual publication, is its focus on politics and policies that advantage or disadvantage groups by reasons of race, ethnicity, sex, or other such factors. The research itself may be done in a variety of contexts and settings. This premier volume includes five feature articles and two special symposia. In addition, the publication includes bibliographical essays on politics and women, American Indians, Chicanos, and Blacks, as well as an assessment of recent books on Jesse Jackson.
Insolvency In Commercial Arbitration
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Author : Fabian van den Ven
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2023-08-31
Insolvency In Commercial Arbitration written by Fabian van den Ven 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 2023-08-31 with Law categories.
The settling of disputes in international trade and in large and technically complex construction projects can hardly be imagined without the institution that is arbitration. Another thing we can be sure about is that insolvency will also remain a part of the lifecycle of business entities within the currently existing economic system. Whereas insolvency proceedings are heavily regulated with little leeway for the parties, the central tenet of arbitration is the autonomy of the parties. Hence this book aims to thoroughly investigate the many legal issues arising in arbitral proceedings when insolvency and arbitration clash. This interaction is increasingly frequent today. Providing much-needed practical guidance derived from a broad and deep theoretical discussion, the book covers such aspects as the following: the effect of insolvency on the arbitration agreement, the arbitration procedure (including a potential mandatory stay of proceedings), the arbitrator’s contract, and the arbitral award; the position of insolvency and arbitration within a legal order; the arbitrability of insolvency(-related) issues and claims; the possibility of determining claims in insolvency via arbitration; the determining of applicable law and conflict-of-laws rules, in particular when insolvency is opened in a different jurisdiction than that of the arbitration; and insolvency in arbitration within the application of the European Insolvency Regulation. After a chapter on the relevant background theories, the two main chapters of the book focus first on general issues that can arise in a domestic situation and second on problems particular to international cases of insolvency in arbitration. The primary domestic perspective is the German one, with abundant additional detail to fully embrace the international relevance of the discussion. The author concludes with a number of considerations, informed by practitioner feedback, discussions throughout the work, and as many arbitration case law examples as possible, for tribunals dealing with insolvency in arbitration. Based on a systematic application of arbitration and insolvency theory, the book provides an all-encompassing and holistic discussion, from before an arbitration is started to after the award has been enforced. In this way, the book provides a ‘one-stop-shop’ for practitioners, both lawyers and arbitrators, helping tribunals to navigate the treacherous waters of insolvency in arbitration.
Patent Law In Global Perspective
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Author : Professor Ruth L. Okediji
language : en
Publisher: Oxford University Press
Release Date : 2014-02-27
Patent Law In Global Perspective written by Professor Ruth L. Okediji 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 2014-02-27 with Law categories.
Patent Law in Global Perspective addresses critical and timely questions in patent law from a truly global perspective, with contributions from leading patent law scholars from various countries. Offering fresh insights and new approaches to evaluating key institutional, economic, doctrinal, and practical issues, these chapters reflect critical analyses and review developments in national patent laws, efforts to reform the global patent system, and reconfigure geopolitical interests. Professors Ruth L. Okediji and Margo A. Bagley bring together the first collection to explore patent law issues through the lens of economic development theory, international relations, theoretical foundations for the patent law system in the global context, and more. Topics include: the role of patent law in economic development; the efficacy of patent rights in facilitating innovation; patents and access to medicines; comparative patentability standards (including subject matter eligibility for biotechnology and software inventions); limitations and exceptions to patent scope and protection (including exhaustion, compulsory licensing, and research exceptions); patents on plants and other living organisms; and the impact of emerging economies on global patent system governance. The contributors provide a wealth of original insight and thought-provoking discussion that will be of great interest and benefit to scholars, policymakers, and practitioners alike.
Judicial Review In International Perspective
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Author : Gordon Slynn Baron Slynn of Hadley
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2000-01-01
Judicial Review In International Perspective written by Gordon Slynn Baron Slynn of Hadley 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 2000-01-01 with Law categories.
Lord Slynn of Hadley is one of the outstanding judges of his time. He has served as a High Court Judge, as an Advocate General and a Judge of the European Court of Justice, and he has been a Lord of Appeal for ten years. This Liber Amicorum bears testimony to the international reputation that he has achieved for his judgments and for his scholarship. In the many distinguished contributions, judges from international courts and from Supreme Courts and Constitutional Courts, together with academics from leading universities around the world, have taken the opportunity to celebrate the accomplishments of Lord Slynn's legal career thus far, and also to discuss areas of law where Lord Slynn can be expected to give important impulses to further development. `Mr Gordon Slynn was outstanding. The best I have ever known. He will go far.' Lord Denning, Master of the Rolls, 1980.