Trading In Legal Claims
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Trading In Legal Claims
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Author : Vickie Waye
language : en
Publisher:
Release Date : 2007
Trading In Legal Claims written by Vickie Waye and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.
This book provides a critical analysis of law and policy issues regarding possible future markets for trading in legal claims. The cost of litigation significantly impedes access to justice. Permitting potential plaintiffs to sell their legal claims to litigation entrepreneurs who can deal with claim prosecution efficiently would provide a means of redressing the imbalance that exists between legal costs, risks and claim values. However, the well-entrenched doctrines of maintenance and champerty prohibit legal claim assignment, primarily on the grounds that it would amount to the commodification of justice. The advent of litigation funding and its acceptance on access to justice grounds by Australian courts and, to a lesser extent, the UK and US judiciaries has challenged the status quo. Together with other measures, such as the introduction of conditional fee agreements, the resistance to full claim alienability has been significantly weakened.This book reviews the current positions in Australia, UK and US regarding claim alienability and provides a comparative analysis of the divergent paths that have developed in relation to matters such as litigation funding, conditional fee agreements and legal costs insurance, all of which portend towards claim commodification. The author examines regulatory options that would be required to ensure that claim holders in any future legal claim market are protected from exploitation and that the market operates fairly and efficiently, such as statutory and common law restrictions regarding unconscionability and misleading and deceptive conduct, licensing, mandatory disclosures, cooling off and default contractual terms. The book reviews costs and abuse of process issues that markets for legal claims may create and analyses conflicts of interest that may arise between claimholders, lawyers and entrepreneurs and how these may be resolved. The author concludes that legal claim markets are justified on both policy and efficiency grounds as a means of improving access to justice.
Trading In Claims
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Author : Andrew B. Janszky
language : en
Publisher:
Release Date : 1990
Trading In Claims written by Andrew B. Janszky and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1990 with Bankruptcy categories.
The International Claims Trade
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Author : Kathleen Claussen
language : en
Publisher:
Release Date : 2020
The International Claims Trade written by Kathleen Claussen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with categories.
Investments are mobile in the twenty-first century international economy. They are seldom held for their duration by a single owner from a single country. They change hands and they do so for a variety of reasons, often in the course of a dispute. But the scholarship addressing what happens when international investments & legal claims against sovereigns regarding those investments change hands appears only at the margins. The practice of buying and selling claims or claims trading is well known and institutionalized in some areas of domestic litigation. For cross-border investment disputes against sovereigns, however, many of the cases discussing claims trading seek to disguise themselves as addressing other legal issues, leading to a haphazard series of doctrines that tends to obscure the trade. The heightened visibility of all forms of external funding for claims against sovereigns has created challenges for courts and tribunals and for claimants who seek to recover on their investments. This Article analyzes the law of the international claims trade and asks what that law ought to look like in light of the theories and purposes of the international investment legal regime. Contrary to the popular view, it makes the case for secondary market players and then analyzes what should be done about them. It assesses the doctrines advanced by arbitral tribunals and by domestic courts at various stages of international investment dispute settlement involving a traded claim against a sovereign. The Article argues that, often, courts and tribunals are getting it wrong. In doing so, they obscure critical questions about why we have investment law and to what degree claims against sovereigns ought to be marketable. Drawing lessons from domestic law, the Article articulates a positive function for the international claims trade - one that investment law ought to accommodate. Finally, it proposes a way forward for states as they develop new investment instruments.
A Market For Justice
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Author : David Abrams
language : en
Publisher:
Release Date : 2017
A Market For Justice written by David Abrams and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with categories.
The alienability of legal claims holds the promise of increasing access to justice and fostering development of the law. While much theoretical work points to this possibility, no empirical work has investigated the claims, largely due to the rarity of trading in legal claims in modern systems of law. In this paper we take the first step toward empirically testing some of these theoretical claims using data from Australia. We find some evidence that third-party funding corresponds to an increase in litigation and court caseloads. Cases with third-party funders are more prominent than comparable ones. While third-party funding may have effects on both the cases funded and the courts in jurisdictions where it is most heavily used, the overall welfare effects are ambiguous.
Gambling For The Good Trading For The Future
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Author : Tom W. Bell
language : en
Publisher:
Release Date : 2006
Gambling For The Good Trading For The Future written by Tom W. Bell and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with categories.
Good ideas do not always lead to legal acts. Setting up a prediction market in science claims, for instance, certainly sounds like a good idea. Such a market could effectively open a shortcut to the future, answering crucial questions more quickly, accurately, and cheaply than extant institutions. Notwithstanding those salient benefits, however, U.S. law does not clearly permit markets in claims about science. Such a market would not fit neatly into any common law, statutory, or regulatory category, and courts have yet to clarify the matter. This paper aims to dispel some of the legal uncertainty surrounding prediction markets in science claims and, by so doing, to help chart a path toward their implementation. The paper begins with a concise introduction to markets in science claims. It then compares them to their closest analogs in U.S. law: gambling and commodity futures trading. That comparison finds the letter of the law somewhat less congenial to markets in science claims that the policies behind it. Both forms of legal analysis leave room to argue that markets in science claims should escape the limits imposed on gambling and commodity futures trading. Ill-fitting laws threaten to hinder well-meaning acts, however, so the paper concludes by describing a few strategies for implementing fully functional, if somewhat less than fully public or legal, markets in science claims.
The Public Order Exception In International Trade Investment Human Rights And Commercial Disputes
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Author : Zena Prodromou
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2020-08-12
The Public Order Exception In International Trade Investment Human Rights And Commercial Disputes written by Zena Prodromou 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 2020-08-12 with Law categories.
In the process of resolving disputes, it is not uncommon for parties to justify actions otherwise in breach of their obligations by invoking the need to protect some aspect of the elusive concept of public order. Until this thoroughly researched book, the criteria and factors against which international dispute bodies assess such claims have remained unclear. Now, by providing an in-depth comparative analysis of relevant jurisprudence under four distinct international dispute resolution systems – trade, investment, human rights and international commercial arbitration – the author of this invaluable book identifies common core benchmarks for the application of the public order exception. To achieve the broadest possible scope for her analysis, the author examines the public order exception’s function, role and application within the following international dispute resolution systems: relevant World Trade Organization (WTO) agreements as enforced by the organization’s Dispute Settlement Body and Appellate Body; international investment agreements as enforced by competent Arbitral Tribunals and Annulment Committees under the International Center for Settlement of Investment Disputes; provisions under the Inter-American Convention of Human Rights and the European Convention of Human Rights as enforced by the Inter-American Court of Human Rights and the European Court of Human Rights, respectively; and the New York Convention as enforced by national tribunals across the world. Controversies, tensions and pitfalls inherent in invoking the public order exception are elucidated, along with clear guidelines on how arguments may be crafted in order to enhance prospects of success. Throughout, tables and graphs systematize key aspects of the relevant jurisprudence under each of the dispute resolution systems analysed. As an immediate practical resource for lawyers on any side of a dispute who wish to invoke or strengthen a public order exception claim, the book’s systematic analysis will be welcomed by lawyers active in WTO disputes, international investment arbitration, human rights law or enforcement of foreign arbitral awards. Academics and policymakers will find a signal contribution to the ongoing debate on the existence, legal basis, content and functions of the transnational public order.
Shareholders Claims For Reflective Loss In International Investment Law
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Author : Lukas Vanhonnaeker
language : en
Publisher: Cambridge University Press
Release Date : 2022-08-11
Shareholders Claims For Reflective Loss In International Investment Law written by Lukas Vanhonnaeker 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 2022-08-11 with Law categories.
In recent years, investor-state tribunals have often permitted shareholders' claims for reflective loss despite the well-established principle of no reflective loss applied consistently in domestic regimes and in other fields of international law. Investment tribunals have justified their decisions by relying on definitions of 'investment' in investment agreements that often include 'shares', while the no-reflective-loss principle is generally justified on the basis of policy considerations pertaining to the preservation of the efficiency of the adjudicatory process and to the protection of other stakeholders, such as creditors. Although these policy considerations militating for the prohibition of shareholders' claims for reflective loss also apply in investor-state arbitration, they are curable in that context and must be balanced with policy considerations specific to the field of international investment law that weigh in favor of such claims: the protection of foreign investors in order to promote trade and investment liberalization.
War Claims
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Author : National Foreign Trade Council. Law Committee
language : en
Publisher:
Release Date : 1944
War Claims written by National Foreign Trade Council. Law Committee and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1944 with Indemnity categories.
Legal Aspects Of Trade Finance
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Author : Charles Chatterjee
language : en
Publisher: Routledge
Release Date : 2015-09-16
Legal Aspects Of Trade Finance written by Charles Chatterjee and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-09-16 with Law categories.
Trade finance is of great importance in the commercial world, for both students (undergraduate and postgraduate) and practitioners. The choice of countries in export trade is often perception-based: trade with government departments or public institutions is seen as much safer than with private entities and the choice of countries is often based on that perception of risk. This book: addresses issues and topics which are relevant to all jurisdictions in the world explains the various types of trade finance, how they may be raised and the legal issues pertaining to them Value for those wanting to understand the legal issues of sources of trade finance in both the developed and developing countries, this book will interest students studying the interaction between law and commerce.
Inheritance Act Claims
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Author : Sidney Ross
language : en
Publisher:
Release Date : 2000
Inheritance Act Claims written by Sidney Ross and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Decedents' family maintenance categories.
This work provides comprehensive and practical treatment of the law relating to the Inheritance (Provision for Family & Dependents) Act 1975. Combining clear statements of principle, discussion of many unreported cases, and detailed guidance through practice and procedure, it aims to be the first port of call for all practitioners in fields concerned with the Act. The text incorporates wide-ranging developments in the law - including vast new case law on Reasonable Financial Provision