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Litigation of International Disputes in U.S. Courts

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Release : 2003
Genre : Conflict of laws
Kind : eBook
Book Rating : /5 ( reviews)

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Book Synopsis Litigation of International Disputes in U.S. Courts by : Ved P. Nanda

Download or read book Litigation of International Disputes in U.S. Courts written by Ved P. Nanda. This book was released on 2003. Available in PDF, EPUB and Kindle. Book excerpt:

The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes

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Release : 2020-08-12
Genre : Law
Kind : eBook
Book Rating : 019/5 ( reviews)

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Book Synopsis The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes by : Zena Prodromou

Download or read book The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes written by Zena Prodromou. This book was released on 2020-08-12. Available in PDF, EPUB and Kindle. Book excerpt: 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.

International Dispute Resolution

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Author :
Release : 2012
Genre : Arbitration (International law).
Kind : eBook
Book Rating : 046/5 ( reviews)

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Book Synopsis International Dispute Resolution by : Mary Ellen O'Connell

Download or read book International Dispute Resolution written by Mary Ellen O'Connell. This book was released on 2012. Available in PDF, EPUB and Kindle. Book excerpt: Twenty-first century lawyers practice law in a global village. They represent clients in negotiations for oil concession leases. They attend international treaty negotiations on behalf of sovereign states and environmental NGOs. They act as mediators in international child custody disputes and arbitrators for title to artworks displaced in war. They search the world for the right forum to bring claims for human rights violations, piracy prosecutions, and intellectual property protection. The successful 21st century lawyer is prepared to practice international dispute resolution, and this book is designed to assist in that preparation. It is a comprehensive treatment of the full range of dispute resolution processes, including negotiation, mediation, inquiry, conciliation, arbitration, and adjudication. The second edition updates and expands the first edition. It includes additional materials on international commercial arbitration as well as recent decisions of the United States Supreme Court, the International Court of Justice and the International Centre for the Settlement of Investment Disputes. New problems have been added and reading lists have been revised. Despite the new additions, the book remains highly teachable in a two or three credit-hour format. The law book market has many titles on arbitration and transnational litigation. This is the only casebook, however, that introduces students to all of the dispute resolution mechanisms available internationally. Lawyers today need this information as much as they need the standard first year required course on civil procedure.

International Litigation in Intellectual Property and Information Technology

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Release : 2008-01-01
Genre : Law
Kind : eBook
Book Rating : 02X/5 ( reviews)

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Book Synopsis International Litigation in Intellectual Property and Information Technology by : Arnaud Nuyts

Download or read book International Litigation in Intellectual Property and Information Technology written by Arnaud Nuyts. This book was released on 2008-01-01. Available in PDF, EPUB and Kindle. Book excerpt: At head of title : European Commission Research Project on Judicial Cooperation in Matters of Intellectual Property and Information Technology.

Litigating International Law Disputes

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Release : 2014-04-10
Genre : Law
Kind : eBook
Book Rating : 076/5 ( reviews)

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Book Synopsis Litigating International Law Disputes by : Natalie Klein

Download or read book Litigating International Law Disputes written by Natalie Klein. This book was released on 2014-04-10. Available in PDF, EPUB and Kindle. Book excerpt: Litigating International Law Disputes provides a fresh understanding of why states resort to international adjudication or arbitration to resolve international law disputes. A group of leading scholars and practitioners discern the reasons for the use of international litigation and other modes of dispute settlement by examining various substantive areas of international law (such as human rights, trade, environment, maritime boundaries, territorial sovereignty and investment law) as well as considering case studies from particular countries and regions. The chapters also canvass the roles of international lawyers, NGOs, and private actors, as well as the political dynamics of disputes, and identify emergent trends in dispute settlement for different areas of international law.

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