Lis Pendens In International Litigation PDF Download
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Author | : Campbell McLachlan |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 493 |
Release | : 2009-07-15 |
Genre | : Law |
ISBN | : 9004179097 |
Download Lis Pendens in International Litigation Book in PDF, ePub and Kindle
What legal principles apply when courts in different jurisdictions are simultaneously seised with the same dispute ? This question — of international lis pendens — has long been controversial. But it has taken on new and urgent importance in our age. Globalization has driven an unprecedented rise in forum shopping between national courts and a proliferation of new international tribunals. Problems of litispendence have spawned some of the most dramatic litigation of modern times — from anti-suit injunction battles in commercial disputes, to the appeals of prisoners on death row to international human rights tribunals. The way we respond to this challenge has profound theoretical implications for the interaction of legal systems in today’s pluralistic world. In this wide-ranging survey, McLachlan analyses the problems of parallel litigation — in private and public international law and international arbitration. He argues that we need to develop a more sophisticated set of rules of conflict of litigation, guided by a cosmopolitan conception of the rule of law.
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Publisher | : |
Total Pages | : |
Release | : 2008 |
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Download Lis Pendens in International Litigation (Volume 336). Book in PDF, ePub and Kindle
Author | : Yuval Shany |
Publisher | : OUP Oxford |
Total Pages | : 256 |
Release | : 2007-08-16 |
Genre | : Law |
ISBN | : 9780199211791 |
Download Regulating Jurisdictional Relations Between National and International Courts Book in PDF, ePub and Kindle
The book seeks to investigate problems relating to the increased interaction between national and international courts, which have resulted in the litigation of the same legal issues before national and international judicial bodies: What is the proper order of the proceedings? Should national and international proceedings take place concurrently? What effect, if any, should be given to decisions of national court in proceedings before an international court and vice versa? In particular, the book advocates the use of judicial comity as a method for mitigating jurisdictional tensions between national and international courts.
Author | : Campbell McLachlan |
Publisher | : BRILL |
Total Pages | : 492 |
Release | : 2009-07-15 |
Genre | : Law |
ISBN | : 9047441443 |
Download Lis Pendens in International Litigation Book in PDF, ePub and Kindle
Also available as an e-book What legal principles apply when courts in different jurisdictions are simultaneously seised with the same dispute ? This question — of international lis pendens — has long been controversial. But it has taken on new and urgent importance in our age. Globalization has driven an unprecedented rise in forum shopping between national courts and a proliferation of new international tribunals. Problems of litispendence have spawned some of the most dramatic litigation of modern times — from anti-suit injunction battles in commercial disputes, to the appeals of prisoners on death row to international human rights tribunals. The way we respond to this challenge has profound theoretical implications for the interaction of legal systems in today’s pluralistic world. In this wide-ranging survey, McLachlan analyses the problems of parallel litigation — in private and public international law and international arbitration. He argues that we need to develop a more sophisticated set of rules of conflict of litigation, guided by a cosmopolitan conception of the rule of law.
Author | : Peter Edward Nygh |
Publisher | : |
Total Pages | : 24 |
Release | : 1998 |
Genre | : Civil procedure (International law) |
ISBN | : |
Download International Civil Litigation Book in PDF, ePub and Kindle
Author | : Emmanuel Gaillard |
Publisher | : Juris Publishing, Inc. |
Total Pages | : 372 |
Release | : 2005-03-01 |
Genre | : Law |
ISBN | : 1929446608 |
Download Anti-suit Injunctions in International Arbitration Book in PDF, ePub and Kindle
IAI Series No. 2 The International Arbitration Institute (IAI) series on international arbitration is a new periodic series of publications that will focus on cutting edge issues and developments in international arbitration. About the IAI: The International Arbitration Institute (IAI), an organization created under the auspices of the Comité Français de ľ Arbitrage (CFA), was created to promote exchanges in international arbitration. The IAI is designed to promote exchanges on current issues in the field of international commercial arbitration. Its activities include the regular organization of international conferences, colloquiums, as well as conducting various research projects. About the Book: Anti-suit injunctions are a device, originally found in common law countries, whereby a court - which retains its jurisdiction or anticipates to do so and which seeks to protect that jurisdiction or, more generally, the jurisdiction of the forum it deems to be the most appropriate - orders a party to refrain from bringing a claim before the courts of another State or before an arbitral tribunal or, if the party has already brought such a claim, orders that party to withdraw from, or the arbitrators to suspend, the proceedings. In the past few years, the use of anti-suit injunctions in the context of international arbitration has been spreading at a disturbing pace. The courts of many common law countries but also those of civil law tradition frequently resort to this device at a party's request, in order to disrupt the arbitration process or resist the enforcement of the award. How best to resolve those conflicts arising as a result of national courts' differing perspectives on the validity and scope of certain arbitration agreements? Are anti-suit injunctions in conformity with the requirements of public international law? When the courts of certain States enjoin a party to refrain from proceeding with an arbitration, should other courts enjoin them not to enjoin, or should they, like the U.S. Court of Appeal for the 5th Circuit in the Pertamina case, exercise a commandable "self-restriction"? These are just a few of the issues addressed in Anti-Suit Injunctions in International Arbitration.
Author | : Mads Andenas |
Publisher | : BRILL |
Total Pages | : 474 |
Release | : 2019-05-20 |
Genre | : Law |
ISBN | : 9004390936 |
Download General Principles and the Coherence of International Law Book in PDF, ePub and Kindle
General Principles and the Coherence of International Law offers a comprehensive analysis of general principles of law, assessing their role in guaranteeing the coherence of the international legal system.
Author | : Tetsuya Obuchi |
Publisher | : |
Total Pages | : 254 |
Release | : 1987 |
Genre | : Lis pendens (International law) |
ISBN | : |
Download International Lis Pendens and Conflict of Judgments Book in PDF, ePub and Kindle
Author | : H. W. A. Thirlway |
Publisher | : Oxford University Press |
Total Pages | : 241 |
Release | : 2016 |
Genre | : Law |
ISBN | : 0198779070 |
Download The International Court of Justice Book in PDF, ePub and Kindle
An easily accessible and comprehensive study of the International Court of Justice, this book succinctly explains all aspects of the world's most important court, including an overview of its composition and operation, jurisdiction, procedure, and the nature and impact of its judgments.
Author | : Catharine Titi |
Publisher | : Oxford University Press |
Total Pages | : 224 |
Release | : 2021-06-11 |
Genre | : Law |
ISBN | : 0192638270 |
Download The Function of Equity in International Law Book in PDF, ePub and Kindle
This book provides a systematic and comprehensive study of the legal concept of equity as it operates in contemporary international law. A principle with a long pedigree, equity has been present in legal thought and in municipal legal systems since antiquity. Introduced in international legal decisions through claims commissions and arbitral tribunals, equity became progressively part and parcel of the international law mainstream. From international cultural heritage law to the law on climate change, from maritime boundary delimitations to decisions on security for costs in investment arbitration, the relevance of equity is more far-reaching than has previously been acknowledged. In contrast with earlier studies on the topic, this book is informed by a body of judicial and arbitral case law that has never been so substantial and varied. It also draws extensively on the prolific case law of investment tribunals, gaining insights from a valuable source that is typically overlooked in public international law scholarship. As the importance of international law increases, covering continuously new domains, the value of equity increases with it. It is this new equity in the international law of the 21st century that this book explores.