[PDF] Overriding Mandatory Rules And Compliance In International Arbitration eBook

Author : Hossein Fazilatfar
Publisher : Edward Elgar Publishing
Page : 224 pages
File Size : 24,21 MB
Release : 2019-12-27
Category : Law
ISBN : 1788973852

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Overriding Mandatory Rules in International Commercial Arbitration discusses the applicability of mandatory rules of law in international commercial arbitration and addresses the concerns of the arbitrators and judges at various stages of arbitration and the enforcement of the award.

Author : Franco Ferrari
Publisher : Walter de Gruyter
Page : 481 pages
File Size : 29,99 MB
Release : 2010-12-23
Category : Law
ISBN : 3866539290

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Irrespective of the increasing harmonization of law at the transnational level, every arbitration raises a number of confl ict of laws problems relating to procedural questions as well as to issues concerning the merits of the case. Unlike a state court judge, the arbitrator has no "lex fori" in the proper sense providing the relevant confl ict rules to determine the applicable law. This raises the question of what confl ict of laws rules to apply and, consequently, of the extent of the freedom the arbitrator enjoys in dealing with this and related issues. The best example of the importance of confl ict of laws questions in arbitration is the Vivendi-Elektrim saga where the outcome of the various proceedings depended on the question of characterization. This very beneficial book is dealing with - the arbitration agreement, - the jurisdiction of the arbitral tribunal, - the law applicable to the merits and - the arbitration procedure.

Author : Petar Sarcevic
Publisher : sellier. european law publ.
Page : 429 pages
File Size : 20,56 MB
Release : 2004-06-30
Category : Conflict of laws
ISBN : 3935808453

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From 2005 on the Yearbook of Private International Law is published by S.ELP in cooperation with the Swiss Institute of Comparative Law. This English-language annual publication provides analysis and information on private international law developments world-wide. The Editors commission articles of enduring importance concerning the most significant trends in the field. The Yearbook also devotes attention to the important work and research carried out in the context of the Hague Conference, The Hague Academy, UNCITRAL and UNIDROIT. The authority of the editors and the lasting nature of the works included make the Yearbook an integral addition to the libraries of international law scholars and practitioners.

Author : Stavros Brekoulakis
Publisher :
Page : 240 pages
File Size : 13,27 MB
Release : 2019-12-14
Category :
ISBN : 9780198729044

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Public policy is a key concept for international arbitration and is practically relevant because public policy is enshrined in the New York Convention and almost all national laws as a ground to resist enforcement or to annul an arbitral award. However, due to its theoretical complexity and dynamic nature, it has been acknowledged as being one of the most misused grounds and the approach of arbitration scholars to the topic has also often been fragmentary. Public Policy and Mandatory Laws in International Arbitration offers a comprehensive account of a key concept for international arbitraion by two leading experts in the field. The book puts forward the argument that it is easier and more apposite to identify principles of public policy at a regional level or at a level where several states share a common legal background and tradition. The book focuses on common law principles of public policy, and public policy in English law in particular. The authors use their extensive experience and research to analyze the concept of public policy, and identify the key principles of public policy and mandatory rules of common law states in international arbitration.

Author : George A. Bermann
Publisher : Juris Publishing, Inc.
Page : 0 pages
File Size : 11,30 MB
Release : 2011
Category : Arbitration and award, International
ISBN : 9781933833668

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"...[papers] originally presented at a colloquium on Mandatory rules of law in international arbitration held at Columbia Law School in June 2007 and organized by Professor George A. Bermann of Columbia Law School and Professor Loukas A. Mistelis of the School of International Arbitration, Queen Mary University of London" -- P. vii.

Author : Michael McParland
Publisher :
Page : 0 pages
File Size : 25,68 MB
Release : 2015
Category : Law
ISBN : 9780199654635

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The Rome I Regulation applies to all EU Member States (except Denmark) in relation to 'contractual obligations in civil and commercial matters' in 'situations involving a conflict of laws' that arise out of contracts concluded from 17 December 2009. The Rome I Regulation has been described by the European Commission as 'a central element of the Community acquis in the area of civil justice'. This book is the most comprehensive work on the development of the Rome I Regulation that studies in detail the historical background, the legislative development and the teleological purpose of the Regulation. Beginning with the work that led up to the 1972 Draft Convention and the much neglected original French rapporteur's commentary, the author traces developments in the text through the 1980 Convention, highlights the legislative developments that began with the 2003 Green Paper, the Commission's 2005 Proposal and the subsequent negotiations that took place in the European Council and European Parliament that led to the final text of the Rome I Regulation itself. Particular emphasis is placed on highlighting the legislative intent reflected in the changes to the text of the draft Regulation that were made by the Civil Law Committee (Rome I) of the Council. The book marks out the borderline between the Rome I and Rome II Regulations, and considers in detail the application of the conflict-of-law rules in the Rome I Regulation to the specifically protected contracts such as consumer, insurance, carriage of passengers and individual employment contracts. It provides a primary source of reference for all readers involved in the practical interpretation of the Rome I Regulation, or who are interested in choice of law issues arising in international commercial contractual disputes.

Author : American Bar Association. House of Delegates
Publisher : American Bar Association
Page : 216 pages
File Size : 12,59 MB
Release : 2007
Category : Law
ISBN : 9781590318737

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.