PDF Search: the nature and enforcement of choice of court agreements

The Nature And Enforcement Of Choice Of Court Agreements

The Nature and Enforcement of Choice of Court Agreements PDF
Author: Mukarrum Ahmed
Publisher: Bloomsbury Publishing
Release Date: 2017-10-05
Book Size: 23.88 MB
Book Format: PDF, Docs
Category : Law
Languages : en
Pages : 336
View: 3997

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The Nature And Enforcement Of Choice Of Court Agreements

by Mukarrum Ahmed, The Nature And Enforcement Of Choice Of Court Agreements Books available in Docs, PDF, EPUB, Mobi, Textbook, Kindle Format. Download The Nature And Enforcement Of Choice Of Court Agreements book, PRAISE FOR THE BOOK: "This constitutes a work of impressive scholarship that will become a major reference point for future discourse on choice of court agreements. Dr Ahmed advances a firm thesis in a lucid manner that will satisfy both academics and practitioners. The discussion is supported by a monumental foundation of underpinning research. Ahmed's monograph throughout shows clear understanding of underlying substantive laws and in Chapter 11 displays a refreshing willingness to engage in intelligent speculation on the implications of Brexit." Professor David Milman, University of Lancaster "The book is an excellent attempt to understand the theoretical underpinnings of choice of court agreements in private international law ... Anyone with an interest in the theory and practice of choice of court agreements, in particular in mechanisms for their enforcement, should read this book. They will find much of value by doing so." Professor Paul Beaumont, University of Aberdeen (from the Series Editor's Preface) This book examines the fundamental juridical nature, classification and enforcement of choice of court agreements in international commercial litigation. It is the first full-length attempt to integrate the comparative and doctrinal analysis of choice of court agreements under the Brussels I Recast Regulation, the Hague Convention on Choice of Court Agreements ('Hague Convention') and the English common law jurisdictional regime into a theoretical framework. In this regard, the book analyses the impact of a multilateral and regulatory conception of private international law on the private law enforcement of choice of court agreements before the English courts. In the process, it both pre-empts and offers innovative solutions to issues that may arise under the jurisprudence of the emergent Brussels I Recast Regulation and the Hague Convention. The need to understand the nature and enforcement of choice of court agreements before the English courts from the perspective of the EU private international law regime and the Hague Convention cannot be understated. This important new study aims to fill an existing gap in the literature in relation to an account of choice of court agreements which explores and reconnects arguments drawn from international legal theory with legal practice. However, the scope of the work remains most relevant for cross-border commercial lawyers interested in crafting pragmatic solutions to the conflicts of jurisdictions.



The Nature And Enforcement Of Choice Of Court Agreements

The Nature and Enforcement of Choice of Court Agreements PDF
Author: Mukarrum Ahmed (Professeur de droit)
Publisher:
Release Date: 2017
Book Size: 51.38 MB
Book Format: PDF, Kindle
Category : Arbitration agreements, Commercial
Languages : en
Pages : 300
View: 1397

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The Nature And Enforcement Of Choice Of Court Agreements

by Mukarrum Ahmed (Professeur de droit), The Nature And Enforcement Of Choice Of Court Agreements Books available in Docs, PDF, EPUB, Mobi, Textbook, Kindle Format. Download The Nature And Enforcement Of Choice Of Court Agreements book, "This book examines the fundamental juridical nature, classification and enforcement of choice of court agreements in international commercial litigation. It is the first full-length attempt to integrate the comparative and doctrinal analysis of choice of court agreements under the Brussels I Recast Regulation, the Hague Convention on Choice of Court Agreements ('Hague Convention') and the English common law jurisdictional regime into a theoretical framework. In this regard, the book analyses the impact of a multilateral and regulatory conception of private international law on the private law enforcement of choice of court agreements before the English courts. In the process, it both pre-empts and offers innovative solutions to issues that may arise under the jurisprudence of the emergent Brussels I Recast Regulation and the Hague Convention. The need to understand the nature and enforcement of choice of court agreements before the English courts from the perspective of the EU private international law regime and the Hague Convention cannot be understated. This important new study aims to fill an existing gap in the literature in relation to an account of choice of court agreements which explores and reconnects arguments drawn from international legal theory with legal practice. However, the scope of the work remains most relevant for cross-border commercial lawyers interested in crafting pragmatic solutions to the conflicts of jurisdictions."--Bloomsbury Publishing.



A Comparative Study Of The Fundamental Juridical Nature Classification And Private Law Enforcement Of Jurisdiction And Choice Of Law Agreements In The English Common Law Of Conflict Of Laws The European Union Private International Law Regime And The Hague Convention On Choice Of Court Agreements

A Comparative Study of the Fundamental Juridical Nature  Classification and Private Law Enforcement of Jurisdiction and Choice of Law Agreements in the English Common Law of Conflict of Laws  the European Union Private International Law Regime and the Hague Convention on Choice of Court Agreements PDF
Author: Mukarrum Ahmed
Publisher:
Release Date: 2016
Book Size: 55.43 MB
Book Format: PDF, Docs
Category :
Languages : en
Pages :
View: 6921

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A Comparative Study Of The Fundamental Juridical Nature Classification And Private Law Enforcement Of Jurisdiction And Choice Of Law Agreements In The English Common Law Of Conflict Of Laws The European Union Private International Law Regime And The Hague Convention On Choice Of Court Agreements

by Mukarrum Ahmed, A Comparative Study Of The Fundamental Juridical Nature Classification And Private Law Enforcement Of Jurisdiction And Choice Of Law Agreements In The English Common Law Of Conflict Of Laws The European Union Private International Law Regime And The Hague Convention On Choice Of Court Agreements Books available in Docs, PDF, EPUB, Mobi, Textbook, Kindle Format. Download A Comparative Study Of The Fundamental Juridical Nature Classification And Private Law Enforcement Of Jurisdiction And Choice Of Law Agreements In The English Common Law Of Conflict Of Laws The European Union Private International Law Regime And The Hague Convention On Choice Of Court Agreements book,



Recognition And Enforcement Of Judgments In Civil And Commercial Matters

Recognition and Enforcement of Judgments in Civil and Commercial Matters PDF
Author: Anselmo Reyes
Publisher: Bloomsbury Publishing
Release Date: 2019-09-19
Book Size: 80.26 MB
Book Format: PDF, ePub
Category : Law
Languages : en
Pages : 416
View: 7515

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Recognition And Enforcement Of Judgments In Civil And Commercial Matters

by Anselmo Reyes, Recognition And Enforcement Of Judgments In Civil And Commercial Matters Books available in Docs, PDF, EPUB, Mobi, Textbook, Kindle Format. Download Recognition And Enforcement Of Judgments In Civil And Commercial Matters book, 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.



The Nature And Enforcement Of Choice Of Court Agreements

The Nature and Enforcement of Choice of Court Agreements PDF
Author: Mukarrum Ahmed
Publisher: Bloomsbury Publishing
Release Date: 2017-10-05
Book Size: 42.57 MB
Book Format: PDF, Kindle
Category : Law
Languages : en
Pages : 336
View: 433

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The Nature And Enforcement Of Choice Of Court Agreements

by Mukarrum Ahmed, The Nature And Enforcement Of Choice Of Court Agreements Books available in Docs, PDF, EPUB, Mobi, Textbook, Kindle Format. Download The Nature And Enforcement Of Choice Of Court Agreements book, PRAISE FOR THE BOOK: "This constitutes a work of impressive scholarship that will become a major reference point for future discourse on choice of court agreements. Dr Ahmed advances a firm thesis in a lucid manner that will satisfy both academics and practitioners. The discussion is supported by a monumental foundation of underpinning research. Ahmed's monograph throughout shows clear understanding of underlying substantive laws and in Chapter 11 displays a refreshing willingness to engage in intelligent speculation on the implications of Brexit." Professor David Milman, University of Lancaster "The book is an excellent attempt to understand the theoretical underpinnings of choice of court agreements in private international law ... Anyone with an interest in the theory and practice of choice of court agreements, in particular in mechanisms for their enforcement, should read this book. They will find much of value by doing so." Professor Paul Beaumont, University of Aberdeen (from the Series Editor's Preface) This book examines the fundamental juridical nature, classification and enforcement of choice of court agreements in international commercial litigation. It is the first full-length attempt to integrate the comparative and doctrinal analysis of choice of court agreements under the Brussels I Recast Regulation, the Hague Convention on Choice of Court Agreements ('Hague Convention') and the English common law jurisdictional regime into a theoretical framework. In this regard, the book analyses the impact of a multilateral and regulatory conception of private international law on the private law enforcement of choice of court agreements before the English courts. In the process, it both pre-empts and offers innovative solutions to issues that may arise under the jurisprudence of the emergent Brussels I Recast Regulation and the Hague Convention. The need to understand the nature and enforcement of choice of court agreements before the English courts from the perspective of the EU private international law regime and the Hague Convention cannot be understated. This important new study aims to fill an existing gap in the literature in relation to an account of choice of court agreements which explores and reconnects arguments drawn from international legal theory with legal practice. However, the scope of the work remains most relevant for cross-border commercial lawyers interested in crafting pragmatic solutions to the conflicts of jurisdictions.



Jurisdiction And Arbitration Agreements And Their Enforcement

Jurisdiction and Arbitration Agreements and Their Enforcement PDF
Author: David Joseph
Publisher:
Release Date: 2015
Book Size: 22.19 MB
Book Format: PDF, ePub
Category : Arbitration and award
Languages : en
Pages : 904
View: 1639

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Jurisdiction And Arbitration Agreements And Their Enforcement

by David Joseph, Jurisdiction And Arbitration Agreements And Their Enforcement Books available in Docs, PDF, EPUB, Mobi, Textbook, Kindle Format. Download Jurisdiction And Arbitration Agreements And Their Enforcement book,



Conflict Of Laws And The Internet

Conflict of Laws and the Internet PDF
Author: Pedro de Miguel Asensio
Publisher: Edward Elgar Publishing
Release Date: 2020-04-24
Book Size: 33.76 MB
Book Format: PDF, Kindle
Category : Law
Languages : en
Pages : 576
View: 1857

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Conflict Of Laws And The Internet

by Pedro de Miguel Asensio, Conflict Of Laws And The Internet Books available in Docs, PDF, EPUB, Mobi, Textbook, Kindle Format. Download Conflict Of Laws And The Internet book, The ubiquity of the Internet contrasts with the territorial nature of national legal orders. This book offers a comprehensive analysis of jurisdiction, choice of law and enforcement of judgments issues concerning online activities in the areas in which private legal relationships are most affected by the Internet. It provides an in-depth study of EU Law in this particularly dynamic field, with references to major developments in other jurisdictions. Topics comprise information society services, data protection, defamation, copyright, trademarks, unfair competition and contracts, including consumer protection and alternative dispute resolution.



The Future Of The Law Of Contract

The Future of the Law of Contract PDF
Author: Michael Furmston
Publisher: Taylor & Francis
Release Date: 2020-05-10
Book Size: 41.26 MB
Book Format: PDF, Kindle
Category : Law
Languages : en
Pages : 260
View: 6562

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The Future Of The Law Of Contract

by Michael Furmston, The Future Of The Law Of Contract Books available in Docs, PDF, EPUB, Mobi, Textbook, Kindle Format. Download The Future Of The Law Of Contract book, The Future of the Law of Contract brings together an impressive collection of essays on contract law. Taking a comparative approach, the aim of the book is to address how the law of contract will develop over the next 25 years, as well as considering the ways in which changes to the way that contracts are made will affect the law. Topics include good faith; objectivity; exclusion clauses; economic duress; variation of contract; contract and privacy law in a digital environment; technological change; Choice of Court Agreements; and Islamic finance contracts. The chapters are written by leading academics from England, Australia, Canada, the United States, Singapore and Malaysia. As such, this collection will be of global interest and importance to professionals, academics and students of contract law.



Transaction Planning Using Rules On Jurisdiction And The Recognition And Enforcement Of Judgments

Transaction Planning Using Rules on Jurisdiction and the Recognition and Enforcement of Judgments PDF
Author: Ronald A. Brand
Publisher: BRILL
Release Date: 2014-04-11
Book Size: 37.21 MB
Book Format: PDF, ePub
Category : Law
Languages : en
Pages : 353
View: 4815

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Transaction Planning Using Rules On Jurisdiction And The Recognition And Enforcement Of Judgments

by Ronald A. Brand, Transaction Planning Using Rules On Jurisdiction And The Recognition And Enforcement Of Judgments Books available in Docs, PDF, EPUB, Mobi, Textbook, Kindle Format. Download Transaction Planning Using Rules On Jurisdiction And The Recognition And Enforcement Of Judgments book, Also available as an e-book Private international law is normally discussed in terms of rules applied in litigation involving parties from more than one State. Those same rules are fundamentally important, however, to those who plan crossborder commercial transactions with a desire to avoid having a dispute arise — or at least to place a party in the best position possible if a dispute does arise. This makes rules regarding jurisdiction, applicable law, and the recognition and enforcement of judgments vitally important to contract negotiations. It also makes the consideration of transactional interests important when developing new rules of private international law. These lectures examine rules of jurisdiction and rules of recognition and enforcement of judgments in the United States and the European Union, considering their similarities, their differences, and how they affect the transaction planning process.



Linkages And Boundaries In Private And Public International Law

Linkages and Boundaries in Private and Public International Law PDF
Author: Veronica Ruiz Abou-Nigm
Publisher: Bloomsbury Publishing
Release Date: 2018-07-26
Book Size: 67.96 MB
Book Format: PDF, ePub, Docs
Category : Law
Languages : en
Pages : 272
View: 1544

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Linkages And Boundaries In Private And Public International Law

by Veronica Ruiz Abou-Nigm, Linkages And Boundaries In Private And Public International Law Books available in Docs, PDF, EPUB, Mobi, Textbook, Kindle Format. Download Linkages And Boundaries In Private And Public International Law book, Do private and public international law coincide in their underlying objectives when it comes to their respective contribution to the realisation of global values? How do they work together towards the consistency and efficiency of the international legal order? This edited collection sets out a vision: to serve modern society, the international legal order cannot be defined as public or private. Linkages and Boundaries focuses on the interface between private and public international law and the synergies that a joint approach brings to topical issues, such as corporate social responsibility and environmental law, as well as foundational concepts such as international jurisdiction, state sovereignty and party autonomy. The book showcases the dynamic interaction between the two disciplines, with a view to contribute to a dialogue that is still only in the early stages of delivering its full potential. The collection explores ways to deepen the dialogue between these two distinct but interrelated disciplines, with a view to further their progression towards a more integrated and holistic approach to legal problems that require an international approach. The book brings together well-known experts and new voices from both disciplines and from a wide range of jurisdictions in Europe, North America and South America.



Mediation And Commercial Contract Law

Mediation and Commercial Contract Law PDF
Author: Maryam Salehijam
Publisher: Routledge
Release Date: 2020-12-10
Book Size: 34.63 MB
Book Format: PDF, Mobi
Category : Law
Languages : en
Pages : 218
View: 7136

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Mediation And Commercial Contract Law

by Maryam Salehijam, Mediation And Commercial Contract Law Books available in Docs, PDF, EPUB, Mobi, Textbook, Kindle Format. Download Mediation And Commercial Contract Law book, There is an urgent need to better understand the legal issues pertaining to alternative dispute resolution (ADR), particularly in relation to mediation clauses. Despite the promotion of mediation by dispute resolution providers, policy makers, and judges, use of mediation remains low. In particular, problems arise when parties lack certainty regarding the legal effect of a mediation clause, and the potential uncertainty regarding the binding nature of agreements to pursue mediation is problematic and threatens the growth of ADR. This book closely examines the importance and complexity of mediation clauses in commercial contracts to remedy this persistent uncertainty. Using comparative law methods and detailed empirical research, it explores the creation of a comprehensive framework for the mediation clause. Providing valuable insight into the process of ADR and mediation, this book will be of interest to academics, law makers, law students, in-house council, lawyers, as well as parties interesting in drafting enforceable mediation clauses.



Yearbook Of Private International Law

Yearbook of Private International Law PDF
Author: Petar Sarcevic
Publisher: sellier. european law publ.
Release Date: 2006-06-30
Book Size: 63.36 MB
Book Format: PDF, ePub
Category : Law
Languages : en
Pages : 437
View: 4428

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Yearbook Of Private International Law

by Petar Sarcevic, Yearbook Of Private International Law Books available in Docs, PDF, EPUB, Mobi, Textbook, Kindle Format. Download Yearbook Of Private International Law book, The Yearbook of Private International Law is published by Sellier. ELP in cooperation with the Swiss Institute of Comparative Law. This 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, the United Nations Commission on International Trade Law (UNCITRAL), and the International Institute for the Unification of Private Law (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. Volume VII includes various topics, such as: Hague Convention of 30 June 2005 on Choice of Court Agreements -- General Problems of Private International Law in Modern Codifications-De Lege Lata and De Lege Europea Ferenda -- Maintenance in Private International Law in the United States -- What's New In Latin American Private International Law? -- International Subcontracting in EC Private International Law -- Recognition of Foreign Insolvency Proceedings -- National Reports from South Africa, Ukraine, Brazil, and Italy -- Case Law, Texts, Materials, and Recent Developments