With Chapters on Scotland and Ireland
Author: Julian D. M. Lew,Harris Bor,Joanne Greenaway
England is a leading centre for arbitration, both international and domestic, arising out of all manner of contractual disputes and industry sectors. This book comprises contributions from well-known arbitration practitioners and scholars who present, in a straightforward and readable fashion, the rich and varied nature of arbitration in England today. The early chapters describe the development of the arbitral system in England and its traditional leading institutions, the London Court of International Arbitration (LCIA) and the Chartered Institute of Arbitrators (CIArb). They also provide a unique focus on the specialist areas of commodity, maritime, construction and sports arbitration. The remainder of the book deals with the law and practice of arbitration in England and concludes with two additional overview chapters relating to arbitration in Scotland and the Republic of Ireland respectively. Insightful and practical guidance is given in relation to a number of key areas, including: appointing and challenging arbitrators; applicable law and the influence of EU law; the role of the court, including anti-suit and anti-arbitration injunctions and interim relief; arbitration procedure and practice in ad hoc and institutional arbitrations; factual and expert evidence, including privilege and electronic document production; challenges to, and appeals from, awards; recognition and enforcement of awards; and multilateral and bilateral investment treaty arbitration. Anyone whose pursuits or responsibilities require knowledge of arbitration in England - including practitioners, in-house counsel, business persons, academics, and students around the world - will benefit enormously from this thorough study and analysis of contemporary arbitration practice in the jurisdiction.
Author: Dilyara Nigmatullina
Securing fast, inexpensive, and enforceable redress is vital for the development of international commerce. In a changing international commercial dispute resolution landscape, the combined use of mediation and arbitration has emerged as a dispute resolution approach which offers these benefits. However, to date there has been little agreement on several aspects of the combined use of processes, which the literature often explains by reference to the practitioner’s legal culture, and there is debate as to how appropriate it is for the same neutral to conduct both mediation and arbitration. Identifying the main ways of addressing concerns associated with the same neutral conducting both mediation and arbitration (same neutral (arb)-med-arb), this book examines how effectively these methods achieve the goal of fast, inexpensive, and enforceable dispute resolution, evaluating to what extent the perception and use of the same neutral (arb)-med-arb depends on the practitioner’s legal culture, arguing that this is not a ‘one-size-fits-all’ process.? Presenting an empirical study of the combined use of mediation and arbitration in international commercial dispute resolution, this book synthesises existing ways of addressing concerns associated with the same neutral (arb)-med-arb to provide recommendations on how to enhance the use of combinations in the future.
Author: Ronan Keane
Publisher: A&C Black
In the Republic of Ireland, there have been many developments in the law affecting trusts, such as the decision of the Supreme Court in Lynch v Burke on resulting trusts and in England the decision of the House of Lords in Stack v Dowden on â??common intention,â?? constructive trusts. These and similar developments are comprehensively considered and explained in this second edition. The book is fully updated to include all relevant case law and legislation.
Essays in Honour of Hans van Houtte
Author: Patrick Wautelet,Thalia Kruger,Govert Coppens
Publisher: Bloomsbury Publishing
This book offers a series of commentaries on noteworthy arbitral awards and court decisions on arbitration. All contributions focus on the practice of arbitration. Influential authors with proven arbitration experience share their insights on celebrated and less well-known cases, drawn from various countries, various arbitration institutions and including both commercial and investment arbitration. This collection of essays celebrates the work and scholarship of Hans van Houtte, who has been a professor of international commercial arbitration at the University of Leuven for more than 20 years. In addition to his widely -praised contribution to the theory of arbitration, Professor Van Houtte has built a long career in the practice of arbitration, presiding over a vast array of arbitral tribunals and holding appointments to international tribunals, most recently as president of the Iran-US Claims Tribunal. Hans van Houtte has always been concerned with the practical usefulness of scholarly writings, and this book respects this approach. This volume will prove essential for all arbitration practitioners and will also be of great interest also to academics and research students with an interest in international arbitration.
Judicial and Alternative Forms of Dispute Resolution in England
Author: Neil Andrews
Publisher: Mohr Siebeck
Neil Andrews presents the first comprehensive examination of the English system of civil justice, embracing not only court proceedings but mediation and arbitration. He provides an up-to-date account of recent changes within the English system of civil justice writing in a succinct and accessible style.He explains the main institutions of civil litigation before the English courts, but notes the limitations and problems of court litigation, despite reforms to this formal and public system of adjudication. Many business and consumer disputes are now resolved by settlement negotiations, notably by resort to mediation. There has also been a resurgence of interest in arbitration.Neil Andrews' quest for more satisfactory means of handling disputes is driven by various factors: the high cost of formal litigation; disputants' preference for confidentiality, control, speediness, and flexibility of outcome and Government's interest in economy. Furthermore, he states that English courts are keen to encourage resort to alternative forms of civil justice, notably mediation. Legal advisors, not just in England, are now familiar with the possibility that a dispute might proceed through various 'tiers': settlement discussions, mediated discussion, arbitration or court proceedings. These developments are part of a modern trend in many Western legal systems to reduce the problem of excessive and expensive resort to court proceedings.
A Legal and Cultural Analysis
Author: Kun Fan
Publisher: Bloomsbury Publishing
In the context of harmonisation of arbitration law and practice worldwide, to what extent do local legal traditions still influence local arbitration practices, especially at a time when non-Western countries are playing an increasingly important role in international commercial and financial markets? How are the new economic powers reacting to the trend towards harmonisation? China provides a good case study, with its historic tradition of non-confrontational means of dispute resolution now confronting current trends in transnational arbitration. Is China showing signs of adapting to the current trend of transnational arbitration? On the other hand, will Chinese legal culture influence the practice of arbitration in the rest of the world? To address these challenging questions it is necessary to examine the development of arbitration in the context of China's changing cultural and legal structures. Written for international business people, lawyers, academics and students, this book gives the reader a unique insight into arbitration practice in China, based on a combination of theoretical analysis and practical insights. It explains contemporary arbitration in China from an interdisciplinary perspective and with a comparative approach, setting Chinese arbitration in its wider social context to aid understanding of its history, contemporary practice, the legal obstacles to modern arbitration and possible future trends. In 2011 the thesis on which this book was based was named 'Best Thesis in International Studies' by the Swiss Network for International Studies. "What distinguishes this work from other books on international arbitration is its interdisciplinary perspective and comparative approach...this book makes a remarkable contribution to the understanding of arbitration in China and transnational arbitration in general. Academics, scholars and students of international arbitration, comparative studies and globalisation may all find this book stimulating. It also provides useful guidance for practitioners involved or interested in arbitration in China.?? From the Foreword by Gabrielle Kaufmann-Kohler
2nd Report of Session 2012-13
Author: Great Britain: Parliament: House of Lords: Select Committee on Economic Affairs
Publisher: The Stationery Office
Category: Business & Economics
The report The Economic Implications for the United Kingdom of Scottish Independence (HL 152) examines the effects on the United Kingdom economy should the Scottish people vote in favor of independence in 2014, creating an independent Scottish state. The decision the Scots will have to make is not a simple one. It will have far-reaching constitutional, political and social, as well as economic consequences. This report considers a number of economic aspects of separation, including: impact on the single market in the UK; international investment in Scotland; location implications for medium and small companies; Scotland's currency; the role of the Bank of England if Scottish financial institutions needed emergency support; regulation of Scottish financial institutions; division of assets and liabilities; underlying fiscal position of Scotland post-indepen
Challenges to the Regime of International Commercial Arbitration
Author: Katherine Lynch,Katherine L. Lynch
Publisher: Kluwer Law International B.V.
Increased economic interdependencies and trade flows between states, innovations in information technology and computer networks, a global shift toward market economies and regional and multilateral trade arrangements, have all led to an increasingly globalized world economy. The Forces of Economic Globalization: Challenges to the Regime of International Commercial Arbitration examines some of the challenges facing the regime of international commercial arbitration in the contemporary global economy. It considers the debates concerning the transformation of the global order and the role of nation states within the context of international commercial arbitration. Issues discussed include the transformative effect of economic globalization, the role of the epistemic community and the increased institutionalization within the international arbitral regime, the nationalization of international commercial arbitration and the denationalization and harmonization trends, the competitive nature of legislative reform, convergence and divergence in the international arbitral process, multilateralism and regionalism, market modernization and transnationalism, globalization and lex mercatoria, and the development of online arbitration schemes in cyberspace. This book seeks to analyze the inner penetration of a form of world polity or transnational order ? comprised of part epistemic community, institutional networks, national laws and multilateral conventions, norms, rules, principles and transnational ideology ? on the traditional notion of state sovereignty within the international arbitral regime. The book will interest practitioners and academics with an interest in international commercial arbitration.
Author: John Fellas
Publisher: Oxford University Press on Demand
This is the only publication to focus on transatlantic disputes involving England and the United States. Despite their common legal heritage, there are fundamental differences between the processes of dispute resolution in each of the two countries. This work elucidates those differences so that those engaged in transatlantic business understand in advance the risks of litigation in the other country. Each chapter is co-written by an English attorney and a United States lawyer, ensuring that legal and practical considerations are addressed from both perspectives. This essential desktop reference answers such questions as: · In what circumstances can a party be subject to jurisdiction in England or the United States? · If a dispute is being litigated in the courts of one country, but evidence is located in another, what are the procedures for obtaining evidence for use in the foreign court? · How can one enforce a judgment obtained in England in the United States, and vice versa? · What strategies can a party use in the event of parallel proceedings in both England and the United States?
Author: Jennifer Kavanagh
Publisher: Bloomsbury Publishing
Electoral Law in Ireland: The Legal Regulation of the Irish Political Process guides the reader through the labyrinthine regulation of electoral law in Ireland from the creation and registration of parties, through to administrative issues with funding, lobbying, political advertising through to issues regarding ethical aspects of political life such as Standards and Ethics in Public Office. Since the foundation of the State there have been 61 acts and 287 statutory instruments dealing with the regulation of political activities in Ireland. The legislation deals with everything from creating a party, to donations through to the regulation of elections and referendums. A comprehensive understanding of this complex legislation is vital to those working in politics and to those who wish to gain greater understanding of political regulation in Ireland. This book also deals with the major challenges and issues such as lobbying regulation and political advertising concerns. Contents: 1. Introduction to the Regulation of Political Life in Ireland: General Background; Current Issues; Main Regulation Legislation; 2. Creation and Registration of Parties: Registration of Political Parties; 3. Party Finance: Standards in Public Office Regulation; The Standards in Public Office commission; Donations and Funds; Accounting Units; State Finance Regulations; 4. Running a Campaign: Political Advertising; Selection of Candidates and Gender Quotas; Guidelines for specific elections (Dail, Local, European, Referendum and Presidential); 5. The Electoral Process and Regulation: Expenditure; Voting (registration, disqualification, Seanad Elections, candidate nomination; Regulation of the Polling Process (i.e. postal voting); The Count (i.e. Duties of the Returning Officer, conduct of the poll, prevention of electoral abuses, appointment of agents) 6. After the Election: Regulation of Political Appointments; Ethics in Office; Party Leaders Allowance; SIPO Codes of Conduct for Office Holders.
Author: William Johnston,Nora Beausang
Publisher: Bloomsbury Professional
For practicing solicitors and barristers working in Ireland's banking and financial services sector, this popular book will enable them to advise their clients with absolute confidence. Immensely practical, Banking and Security Law in Ireland provides a detailed treatment of the ever-increasing exceptions in Ireland to the banker's duty of secrecy, liability for payment or non-payment of checks, recent case law on payments and tracing, as well as accounts. This second edition's coverage includes a thorough treatment of facility letters, guarantees, pledges, mortgages and charges over land, chattels (including agricultural equipment), debts, deposits, and shares.
Author: Julian D. M. Lew,Loukas A. Mistelis,Stefan Michael Kröll,Stefan Kröll
Publisher: Kluwer Law International B.V.
This treatise describes the practice of international commercial arbitration with reference to the major international treaties and instruments, arbitration rules and national laws. It provides an analysis of the interaction between party autonomy and arbitration practice.
Author: Andrew Sneddon
This is the first academic overview of witchcraft and popular magic in Ireland and spans the medieval to the modern period. Based on a wide range of un-used and under-used primary source material, and taking account of denominational difference between Catholic and Protestant, it provides a detailed account of witchcraft trials and accusation.