Описание: The book provides an analysis of the existing law on the recognition and validity of jurisdiction and arbitration clauses in the contracts for the carriage of goods by sea.
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.
Автор: Anselmo Reyes, Wilson Lui Название: Direct Jurisdiction ISBN: 1509936424 ISBN-13(EAN): 9781509936427 Издательство: Bloomsbury Academic Рейтинг: Цена: 22176.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The second thematic volume in the series Studies in Private International Law – Asia looks into direct jurisdiction, that is, the situations in which the courts of 15 key Asian states (Mainland China, Hong Kong, Taiwan, Japan, South Korea, Malaysia, Singapore, Thailand, Vietnam, Cambodia, Myanmar, the Philippines, Indonesia, Sri Lanka, and India) are prepared to hear a case involving cross-border elements. For instance, where parties are habitually resident abroad and a dispute has only some, little or no connection with an Asian state, will the courts of that state accept jurisdiction and hear the case and (if so) on what conditions? More specifically, the book’s chapters explore the circumstances in which different Asian states assume or decline jurisdiction not just in commercial matters, but also in other types of action (such as family, consumer and employment disputes).
The Introduction defines terminology and identifies similarities in the approaches to direct jurisdiction taken by the 15 Asian states in civil and commercial litigation. Taking its cue from this, the Conclusion assesses whether there should be a multilateral convention or soft law instrument articulating principles of direct jurisdiction for Asia. The Conclusion also discusses possible trajectories that Asian states may be taking in respect of direct jurisdiction in light of the COVID-19 pandemic and the political tensions currently besetting the world. The book suggests that enacting suitable rules of direct jurisdiction requires an Asian state to strike a delicate balance between affording certainty and protecting its nationals. At heart, direct jurisdiction involves sometimes difficult policy considerations and is not just about drawing up lists of jurisdictional grounds and exceptions to them.
Автор: Kemp, Katharine, Название: Misuse of market power : ISBN: 1107184762 ISBN-13(EAN): 9781107184763 Издательство: Cambridge Academ Рейтинг: Цена: 15840.00 р. Наличие на складе: Поставка под заказ.
Описание: Misuse of Market Power: Rationale and Reform is a highly relevant specialty text for scholars in competition law and economics, as well as competition law professionals who require it for their work in shaping policy or advising clients on antitrust law and economics, including government departments, practising lawyers and economists.
Автор: Fannon Название: Creating corporate sustainability : ISBN: 1108447678 ISBN-13(EAN): 9781108447676 Издательство: Cambridge Academ Рейтинг: Цена: 6019.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: A group of female scholars led by two established academics consider sustainability, corporate action, corporate ethics, corporate governance and the role of gender in these contexts. This book will appeal to scholars, thought leaders and policymakers interested in corporate law theory, sustainability issues and feminist theory.
Описание: This book aims to fill the study gap on trademark laws in Asia on a cross-jurisdictional level. It provides a comprehensive overview of trademark laws of eight major Asian jurisdictions and up-to-date trademark case laws. The book analyses six principal issues that best reflect Asian features in trademark law and trademark development.
Автор: Gaines Название: Liberalising Trade in the EU and the WTO ISBN: 1107471184 ISBN-13(EAN): 9781107471184 Издательство: Cambridge Academ Рейтинг: Цена: 6651.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Trade liberalisation remains controversial. This volume compares the law and institutions of two liberalised trade systems: the EU and the WTO. With topics ranging from trade negotiations to technical standards, and subsidies to social objectives, this study focuses on recent developments and lessons for future trade policy.
Автор: Kemp, Katharine (university Of New South Wales, Sydney) Название: Misuse of market power ISBN: 1316636135 ISBN-13(EAN): 9781316636138 Издательство: Cambridge Academ Рейтинг: Цена: 5069.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Misuse of Market Power: Rationale and Reform is a highly relevant specialty text for scholars in competition law and economics, as well as competition law professionals who require it for their work in shaping policy or advising clients on antitrust law and economics, including government departments, practising lawyers and economists.
Описание: This collection offers a study of the regimes for the recognition and enforcement of foreign commercial judgments in 15 Asian jurisdictions: mainland China, Hong Kong, Taiwan, Japan, Korea, Malaysia, Singapore, Thailand, Vietnam, Cambodia, Myanmar, the Philippines, Indonesia, Sri Lanka and India.
For practising lawyers, the book is intended as a practical guide to current law and procedures for enforcing judgments in the selected jurisdictions. However, it does not stop at describing current law and practice. Of interest to academics and students, it also analyses the common principles of the enforcement regimes across the jurisdictions, and identifies what should be regarded as the norm for enforcement in Asian countries for the purpose of attracting foreign direct investment and catalysing rapid economic development.
In light of the common principles identified, the book explores how laws in Asia may generally be improved to enable judgments to be more readily enforced, while ensuring that legitimate concerns over indirect jurisdiction, due process and domestic public policy are respected and addressed. With this in mind, the book discusses the potential impact that the adoption of the 2005 Hague Convention on Choice of Court Agreements might have on Asian jurisdictions; it also considers the potential impact of the convention for the enforcement of judgments in civil and commercial matters presently being drafted by the Hague Conference on Private International Law.
This timely book argues that it is imperative to adopt a uniform system for the recognition and enforcement of judgments throughout Asia if there is to be traction for the enhanced cross-border commerce that is expected to result from endeavours such as the ASEAN Economic Community (AEC), the Belt and Road Initiative (BRI), CPTPP (also known as TPP-11), and RCEP.
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