Party Autonomy In Private International Law PDF Download
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| Author | : Alex Mills |
| Publisher | : Cambridge University Press |
| Total Pages | : 595 |
| Release | : 2018-08-16 |
| Genre | : Law |
| ISBN | : 1107079179 |
Download Party Autonomy in Private International Law Book in PDF, ePub and Kindle
Provides an unprecedented historical, theoretical and comparative analysis and appraisal of party autonomy in private international law. These issues are of great practical importance to any lawyer dealing with cross-border legal relationships, and great theoretical importance to a wide range of scholars interested in law and globalisation.
| Author | : Stefan Grundmann |
| Publisher | : Walter de Gruyter |
| Total Pages | : 450 |
| Release | : 2001 |
| Genre | : Business & Economics |
| ISBN | : 9783110170030 |
Download Party Autonomy and the Role of Information in the Internal Market Book in PDF, ePub and Kindle
Examination of Party Autonomy and its limits has always raised fundamental questions in national contract and private law. The concentration on information solutions which enhance and leave more space to party autonomy is a fundamentally new approach to this core issue and is typical of Community legislation. The complexity of the question made it advisable to have the different aspects treated and discussed by specialists in different areas: by legal scholars and economists, by EC law and by contract law specialists, by scholars from different jurisdictions with different regulatory approaches and backgrounds. The four parts deal with (1) the economic and constitutionell foundations of the question, with (2) the framework to be found in EC treaty law, with (3) the fundamental and more general aspects relating to substantive EC contract law legislation, and with (4) the most important individual legal measures. The book covers both general contract law (with consumer contracts) and labour contract law.
| Author | : Milana Karayanidi |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 279 |
| Release | : 2020-02-20 |
| Genre | : Law |
| ISBN | : 1509924787 |
Download Rethinking Judicial Jurisdiction in Private International Law Book in PDF, ePub and Kindle
This book explores the theory and practice of judicial jurisdiction within the field of private international law. It offers a revised look at values justifying the power of courts to hear and decide cross-border disputes, and demonstrates that a re-conceptualisation of jurisdiction is needed. Rather than deriving from territorial power of states, jurisdiction in civil and commercial cross-border matters ought to be driven by party autonomy. This autonomy can be limited by certain considerations of equality and critical state sovereign interests. The book applies this normative view to the existing rules of jurisdiction in the European Union and the Russian Federation. These regimes are chosen due to their unique positions towards values in private international law and contrasting societal norms that generate and accommodate these values. Notwithstanding disparate cultural and political ideas, these regimes reveal a surprising level of consistency when it comes to enforcement of party autonomy. There is, nevertheless, room for improvement. The book demonstrates to scholars, policy makers and lawmakers that jurisdiction should be re-centred around the interests of private actors, and proposes ways to improve the current rules.
| Author | : Trevor C. Hartley |
| Publisher | : Cambridge University Press |
| Total Pages | : 963 |
| Release | : 2009-07-09 |
| Genre | : Business & Economics |
| ISBN | : 0521868076 |
Download International Commercial Litigation Book in PDF, ePub and Kindle
This is a carefully structured, practice-orientated textbook. The strong comparative component provides a thought-provoking international perspective, while at the same time allowing readers to gain unique insights into international commercial litigation in English courts.
| Author | : Mary Keyes |
| Publisher | : Springer Nature |
| Total Pages | : 528 |
| Release | : 2019-10-18 |
| Genre | : Law |
| ISBN | : 3030239144 |
Download Optional Choice of Court Agreements in Private International Law Book in PDF, ePub and Kindle
This book highlights the importance of optional choice of court agreements, and the need for future research and legal development in this area. The law relating to choice of court agreements has developed significantly in recent years, reflecting their increased use in practice. However, most recent legal developments concern exclusive choice of court agreements. In comparison, optional choice of court agreements, also called permissive forum selection clauses and non-exclusive jurisdiction clauses, have attracted little attention from lawmakers or commentators. This collection is comprised of 19 National Reports, providing a critical analysis of the legal treatment of optional choice of court agreements, including asymmetric choice of court agreements, under national laws as well as under multilateral instruments. It also includes a General Report offering an overview of this area of the law and a synthesis of the findings of the national reporters. The contributions to this collection show that the legal treatment of optional choice of courts differs between legal systems. In some countries, the law on the effect of optional choice of court agreements is at an early stage in its development, whereas in others the law is relatively advanced. Irrespective of this, the national reporters identify unresolved issues with the effect of optional choice of court agreements, where the law is unclear or the cases are conflicting, demonstrating that this topic warrants greater attention. This book is of interest to judges, legislators, lawyers, academics and students who are concerned with private international law and international civil procedure.
| Author | : Franco Ferrari |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 520 |
| Release | : 2019-12-27 |
| Genre | : Law |
| ISBN | : 1789906903 |
Download Private International Law Book in PDF, ePub and Kindle
Is Private International Law (PIL) still fit to serve its function in today’s global environment? In light of some calls for radical changes to its very foundations, this timely book investigates the ability of PIL to handle contemporary and international problems, and inspires genuine debate on the future of the field.
| Author | : George A. Bermann |
| Publisher | : BRILL |
| Total Pages | : 648 |
| Release | : 2017-05-15 |
| Genre | : Law |
| ISBN | : 9004348271 |
Download International Arbitration and Private International Law Book in PDF, ePub and Kindle
No field of legal scholarship or practice operates in the world of private international law as continuously and pervasively as does international arbitration, commercial and investment alike. Arbitration’s dependence on private international law manifests itself throughout the life-cycle of arbitration, from the crafting of an enforceable arbitration agreement, through the entire arbitral process, to the time an award comes before a national court for annulment or for recognition and enforcement. Thus international arbitration provides both arbitral tribunals and courts with constant challenges. Courts may come to the task already equipped with longstanding private international law assumptions, but international arbitrators must largely find their own way through the private international law thicket. Arbitrators and courts take guidance in their private international law inquiries from multiple sources: party agreement, institutional rules, treaties, the national law of competing jurisdictions and an abundance of “soft law”, some of which may even be regarded as expressing an international standard. In a world of this sort, private international law resourcefulness is fundamental.
| Author | : Richard Frimpong Oppong |
| Publisher | : Cambridge University Press |
| Total Pages | : 559 |
| Release | : 2013-09-12 |
| Genre | : Law |
| ISBN | : 0521199697 |
Download Private International Law in Commonwealth Africa Book in PDF, ePub and Kindle
A comprehensive and in-depth analysis of how courts in the countries of Commonwealth Africa decide claims under private international law.
| Author | : Oxford Editor |
| Publisher | : |
| Total Pages | : 1392 |
| Release | : 2021-03 |
| Genre | : |
| ISBN | : 9780198840107 |
Download Choice of Law in International Commercial Contracts Book in PDF, ePub and Kindle
This global study provides a definitive reference guide to the key choice of law principles on international contracts, including 60 national and regional reports written by experts from all parts of the world, and a dedicated commentary on the Hague Principles as applied to international commercial arbitration.
| Author | : Petar Sarcevic |
| Publisher | : sellier. european law publ. |
| Total Pages | : 429 |
| Release | : 2004-06-30 |
| Genre | : Conflict of laws |
| ISBN | : 3935808453 |
Download Yearbook of Private International Law Book in PDF, ePub and Kindle
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.
