Описание: Yuval Shany provides a new understanding of traditional rules on jurisdiction and admissibility of cases before international courts and tribunals by treating jurisdiction and admissibility as instruments for delegation of decision-making authority and critically evaluating judicial exercise of discretion under the existing case law.
Автор: Hondius, Ewoud, Christoph Grigoleit Название: Unexpected Circumstances in European Contract Law ISBN: 1107416876 ISBN-13(EAN): 9781107416871 Издательство: Cambridge Academ Рейтинг: Цена: 7762.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Jurisdictions all over Europe have to deal with the question of whether or not unexpected circumstances can lead to adaptation, termination or renegotiation of existing contracts. This comparative study explores the possibility of classifying jurisdictions as `open` or `closed` in this regard.
Автор: James E. Pfander Название: Principles of Federal Jurisdiction ISBN: 1636593119 ISBN-13(EAN): 9781636593111 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 10949.00 р. Наличие на складе: Нет в наличии.
Описание: Despite being one of the most unique lakes in America - a natural body of water formed during the New Madrid earthquakes in the early nineteenth century - Reelfoot Lake is relatively understudied. Johnson`s book is part personal remembrance, part guidebook, and part cautionary tale on river and wetland ecology, conservation, and land management.
Автор: Gabriel Bottini Название: Admissibility of Shareholder Claims under Investment Treaties ISBN: 1108494528 ISBN-13(EAN): 9781108494526 Издательство: Cambridge Academ Рейтинг: Цена: 15840.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: States have expressed concern about shareholders claiming before international tribunals for harm to company assets. Proposals are being discussed to reform investment arbitration to deal with this problem and this book proposes appropriate solutions without the need for substantial reforms or the complete abandonment of investment arbitration.
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.
Описание: While offering detailed answers to most issues surrounding jurisdiction and arbitration clauses in maritime transport documents, this book confronts the fundamental question of the limits of freedom of contract in an international setting.
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: Arbitration clauses in investment treaties often provide investors with a choice between ICSID arbitration, on the one hand, and rules originally drafted for commercial arbitration on the other. The Use of Commercial Arbitration Rules in Investment Treaty Disputes studies how domestic courts and commercial arbitration institutions impact the scope of arbitral tribunal jurisdiction when commercial arbitration rules are used.
Based on extensive studies of court decisions and previously-unknown arbitral awards, Joel Dahlquist’s book analyses the practice of domestic courts in reviewing treaty-based jurisdiction, and explains how the two most used commercial arbitration institutions – the ICC and the SCC – have drafted, interpreted and applied their arbitration rules in treaty-based disputes.
Описание: Conventional wisdom in the theory and practice of investment treaty arbitration says that the jurisdiction of arbitral tribunals is regulated by party consent. In Beyond Consent: Revisiting Jurisdiction in Investment Treaty Arbitration, Relja Radovic investigates the formation of another layer of jurisdictional regulation which is developed by arbitral tribunals.The principle that the jurisdiction of arbitral tribunals is governed by party consent stems from the foundations of the international legal order. Against that background, Radovic surveys case law and demonstrates the generation of arbitrator-made jurisdictional rules, which complement those defined by disputing parties. He then argues in favour of recognising the regulatory function of arbitral tribunals in the jurisdictional structure of investment treaty arbitration.
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