Arbitration and jurisdiction agreements are frequently used in transnational commercial contracts to reduce risk, gain efficacy and acquire certainty and predictability. Because of the similarities between these two types of procedural autonomy agreements, they are often treated in a similar way by courts and practitioners.
This book offers a comprehensive study of the prerequisites, effectiveness, and enforcement of exclusive jurisdiction and arbitration agreements in international dispute resolution. It examines whether jurisdiction and arbitration clauses have identical effects in private international law and whether they have been or should be given the same treatment by most countries in the world. By comparing the treatment of these clauses in the US, China, UK and EU, Zheng Sophia Tang demonstrates how, in practice, exclusive jurisdiction and arbitration agreements are enforced. The book considers whether the Hague Convention on Choice of Court Agreements could be treated as a litigating counterpart to the New York Convention, and whether it could work successfully to facilitate judicial cooperation and party autonomy in international commerce.
This book breaks new ground in combining updated materials in EU, US and UK law with unique resources on Chinese law and practice. It will be valuable for academics and practitioners working in the field of private international law and international arbitration.
Описание: This book covers the development and current position of civil jurisdiction rules in the EU, analysing the three main regulations on civil jurisdiction and their effect on parties domiciled or habitually resident outside the EU, particularly regarding the recognition and enforcement of judgments made within the EU in external jurisdictions. The book also looks into the institutional issue of external relations the European Community maintains with third States, principally how these third States are able to conclude international agreements with EU Member States.
Автор: Kim Название: Eminent Domain ISBN: 1107177294 ISBN-13(EAN): 9781107177291 Издательство: Cambridge Academ Рейтинг: Цена: 16630.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The taking of private property for development projects has often caused controversy when used to benefit powerful interests at the expense of the general public. This collection of essays analyzes the use and abuse of eminent domain in nations across the world, including Germany, the US, Taiwan, and South Korea.
Автор: Kim Название: Eminent Domain ISBN: 1316628337 ISBN-13(EAN): 9781316628331 Издательство: Cambridge Academ Рейтинг: Цена: 6019.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The taking of private property for development projects has often caused controversy when used to benefit powerful interests at the expense of the general public. This collection of essays analyzes the use and abuse of eminent domain in nations across the world, including Germany, the US, Taiwan, and South Korea.
In recent decades, the rise in cross-border law violations has harmed numerous victims around the globe. The damages are often dispersed and low-level. As a result, the private enforcement gap has deepened and collective redress represents an interesting procedural instrument that is able to provide effective access to justice.
This book analyses thoroughly the dominant collective redress models adopted in the EU. Data from 13 Member States has been catalogued and categorised. The research mainly focuses on the consumer law field but frequent references to financial and data protection-related cases are made. The dominant collective redress models are then studied from a private international law perspective. In particular, the book highlights the current mismatch between collective redress on the one hand, and rules on international jurisdiction on the other. Additionally, it notes that barriers to cross-border litigation remain significant for victims and their representatives. The unprecedented empirical study included in this book confirms that statement. Observing that EU measures have not satisfactorily lowered those barriers, the author proposes the creation of a new head of jurisdiction for cases of international collective redress.
This book will be of interest to private international law scholars, researchers, students, legal practitioners, judges and policy-makers. It is a reference point for those with an interest in cross-border collective redress in particular, and private international law in general.
Описание: Chinese Contract Law (2nd Ed) offers an in-depth analysis of the contract making process, performance and remedies in the legal framework established under the current regulatory scheme governing contracts in China. The book discusses various contract issues from theoretic and practical viewpoints, and addresses major contractual matters in a comparative way. It examines the law of contracts as drafted, interpreted and applied with Chinese characteristics. The second edition comprises the latest developments in contract legislation, adjudication and practices in China, including the newly adopted laws, judicial interpretations and guiding cases. It emphasizes contextual distinctions and transactional considerations relevant to contract research and practice. The book provides a meaningful tool to get inside the contemporary contract law of China.
Автор: Sepp?nen Название: Ideological Conflict and the Rule of Law in Contemporary China ISBN: 1107142903 ISBN-13(EAN): 9781107142909 Издательство: Cambridge Academ Рейтинг: Цена: 15682.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: An informative and thought-provoking study in understanding the ideological divisions within Chinese legal academia and their relationship to arguments about the rule of law. More specifically, it describes argumentative strategies used by Chinese legal scholars to legitimize and subvert China`s state-sanctioned ideology, and efforts to invent alternative rule of law conceptions.
Автор: Karayanidi Milana Название: Rethinking Judicial Jurisdiction in Private International La ISBN: 1509924779 ISBN-13(EAN): 9781509924776 Издательство: Bloomsbury Academic Рейтинг: Цена: 15048.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book explores the theory and practice of judicial jurisdiction within the field of private international law. It offers a revised look at values justifying the power of courts to hear and decide cross-border disputes, and demonstrates that a re-conceptualisation of jurisdiction is needed. Rather than deriving from territorial power of states, jurisdiction in civil and commercial cross-border matters ought to be driven by party autonomy. This autonomy can be limited by certain considerations of equality and critical state sovereign interests. The book applies this normative view to the existing rules of jurisdiction in the European Union and the Russian Federation. These regimes are chosen due to their unique positions towards values in private international law and contrasting societal norms that generate and accommodate these values. Notwithstanding disparate cultural and political ideas, these regimes reveal a surprising level of consistency when it comes to enforcement of party autonomy. There is, nevertheless, room for improvement. The book demonstrates to scholars, policy makers and lawmakers that jurisdiction should be re-centred around the interests of private actors, and proposes ways to improve the current rules.
Описание: French law on clinical negligence and compensation of medical accident victims provides a particularly innovative model for potential reform in England and elsewhere. This book will appeal to all those interested in reform in this area as well as in French tort law and comparative tort law more generally.
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