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Books on the topic 'Cross-border disputes'

Author: Grafiati

Published: 4 June 2021

Last updated: 1 February 2022

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1

Venoit, Wendy Kennedy. International construction law: A guide for cross-border transactions and legal disputes. American Bar Association, 2009.

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Venoit, Wendy Kennedy. International construction law: A guide for cross-border transactions and legal disputes. American Bar Association, 2009.

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3

Benno, Joachim. Consumer purchases through telecommunications in Europe: Application of private international law to cross-border contractual disputes : TERESA (93). Tano, 1993.

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4

Great Britain. Board of Inland Revenue. EC directives on cross-border mergers and parent/subsidiary companies: Convention for arbitration in transfer pricing disputes : a consultative document. Inland Revenue, 1991.

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5

rnle, Julia Ho. Cross-border Internet Dispute Resolution. Cambridge University Press, 2009.

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6

Cross-border internet dispute resolution. Cambridge University Press, 2009.

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7

Hörnle, Julia. Cross-border internet dispute resolution. Cambridge University Press, 2009.

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8

Alternative dispute resolution (ADR): Expanding options in local and cross border islamic finance cases. International Shari'ah Research Academy for Islamic Finance (ISRA), 2012.

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9

Nolan, Michael D., and Frederic G. Sourgens. Experiencing International Arbitration: Resolving Cross-Border Disputes. West Academic, 2020.

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10

Wendy, Kennedy Venoit, ed. International construction law: A guide for cross-border transactions and legal disputes. American Bar Association, 2009.

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11

International construction law: A guide for cross-border transactions and legal disputes. American Bar Association, 2009.

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12

European Commission. Internal Market Directorate General., ed. FIN-NET: Settling cross-border financial disputes out of court : consumer guide. Office for Official Publications of the European Communities, 2002.

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13

Sarah, Paterson, and Zakrzewski Rafal. Part B Conflict of Laws and Cross-Border Issues, 6 Jurisdiction and the Resolution of Disputes. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198725251.003.0006.

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Sarah, Paterson, and Zakrzewski Rafal. Part B Conflict of Laws and Cross-Border Issues, 7 Sovereign Immunity, International Organisations, and State Insolvency. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198725251.003.0007.

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15

SI, Strong, and Molloy Tony, eds. Arbitration of Trust Disputes. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198759829.001.0001.

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In recent years, numerous jurisdictions have seen a significant shift in thinking about whether and to what extent matters involving the inner workings of a trust—so-called ‘internal’ trust disputes between settlors, trustees, and beneficiaries—are amenable to arbitration. Not only are parties expressing an increased desire to minimize the cost and delay of hostile trust litigation, but courts and legislatures from around the world have begun to demonstrate an increased willingness to allow these sorts of disputes to go to arbitration. Indeed, legislation allowing internal trust arbitration no

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16

Michael, Nolan, Canning Tom, Culbertson Erin, Hogwood Emma, and Kinninmont Paul. 15 Dispute Resolution in Project Finance Transactions. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198715559.003.0016.

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Dispute resolution mechanisms in the project finance context are a means of enforcing the allocation of risksamong a project’s many participants. Swift, flexible, final, and enforceabledispute resolution mechanisms allow a project’s intended risk allocations to be maintained. This chapter identifies various dispute resolution mechanisms available to project participants. Much of the chapter is devoted to exploring the advantages and disadvantages of two dispute resolution regimes—litigation and international arbitration—including looking at enforcement. It considers how investment treaties pro

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17

Reinmar, Wolff. 5 Interim Relief. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780199676811.003.0005.

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This chapter discusses the interim relief measures issued during arbitration proceedings. Interim measures represent one of the most difficult areas in arbitration as it is characterized by the tribunal’s broad discretion and the need for a grant of enforcement by the state court. In a dispute, whether a party finally achieves its requested legal protection will depend on interim measures of protection: the disclosure of a trade secret, for example, cannot be undone even if an award or judgment later finds that the trade secret was illegal. While state court interim measures per se follow the

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18

Min, Eun-Joo, and Johannes Christian Wichard. Cross-Border Intellectual Property Enforcement. Edited by Rochelle Dreyfuss and Justine Pila. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780198758457.013.28.

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This chapter identifies national and regional approaches adopted to ensure that intellectual property (IP) rights are enforceable in a global environment constituted by territorial rights that rely on local courts. It discusses reconsideration and recalibration of the private international law (PIL) rules that govern IP relationships in relation to jurisdiction, applicable law and recognition and enforcement. The chapter also explores the emergence of new fora for cross-border IP enforcement, through either trade or investment arrangements or privately designed alternative dispute resolution (

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19

Govindaraj, V. C. Private International Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780199489282.001.0001.

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In deciding cases of private international law or conflict of laws, as it is widely known, judges of the Supreme Court in India generally consult the works of renowned English jurists like Dicey and Cheshire. This volume argues that our country should have its own system of resolving inter-territorial issues with cross-border implications. The author critically analyses cases covering areas such as the law of obligations, the law of persons, the law of property, foreign judgments, and foreign arbitral awards. The author provides his perspectives on the application of law in each case. The idea

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20

Rowe, David M. Economic Sanctions and International Security. Oxford University Press, 2018. http://dx.doi.org/10.1093/acrefore/9780190846626.013.160.

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Economic sanctions are a versatile instrument of statecraft used by states to try to influence the behavior of foreign actors by threatening or restricting customary cross-border trade or financial flows to an intended target. Examples of economic sanctions are retaliatory tariffs imposed in trade disputes and the complete cessation of economic flows aimed at undermining a certain regime. The importance of economic sanctions to policy makers has spawned a substantial amount of scholarly work dominated by two questions: whether sanctions “work” and whether states should use them. The long-runni

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21

Hörnle, Julia. Internet Jurisdiction Law and Practice. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198806929.001.0001.

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Jurisdiction is the foundational concept for both national laws and international law as it provides the link between the sovereign government and its territory, and ultimately its people. The internet challenges this concept at its root: data travels across the internet without respecting political borders or territory. This book is about this Jurisdictional Challenge created by internet technologies. The Jurisdictional Challenge arises as civil disputes, criminal cases, and regulatory action span different countries, rising questions as to the international competence of courts, law enforcem

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22

Sarah, Paterson, and Zakrzewski Rafal, eds. McKnight, Paterson, & Zakrzewski on the Law of International Finance. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198725251.001.0001.

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This is the second edition of the major practitioner text which analyses the legal issues surrounding international finance transactions operating under English law. As readers of the first edition will already know, the work provides a detailed transaction-led discussion of all aspects of international financing, with supporting analysis of the commercial and regulatory background and the legal principles which underpin international finance practices. A comprehensive treatment of the subject is provided, with topics including conflict of laws, cross-border insolvency, regulation of banking a

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23

William, Johnston, Werlen Thomas, and Link Frederick. 1 Introduction. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198808589.003.0001.

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This book discusses the law of set-off in thirty-four jurisdictions and the different approaches used to deal with the right of set-off where parties are solvent, where a party is insolvent and where parties operate across borders. Set-off refers to the right to reduce or fully discharge a monetary obligation owed by a debtor against a claim owed to the debtor such that only the balance remains. The right to set-off may arise due to a contractual arrangement between the parties or by the operation of law, including insolvency or bankruptcy laws. Set-off has emerged as an important tool in the

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24

Roy, Goode, Kronke Herbert, and McKendrick Ewan. Transnational Commercial Law. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198735441.001.0001.

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This work focuses on the products and processes of the harmonisation of the law relating to international commercial transactions. After examining the nature and sources of transnational commercial law, the institutions involved and aspects of the conflict of laws, international law and comparative law, the book examines key features of a range of international instruments(international conventions, model laws, contractually incorporated institutional rules and scholarly restatements) relating to different types of cross-border commercial transaction. It concludes with chapters on transnationa

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25

John, Dewar, ed. International Project Finance. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198715559.001.0001.

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The second edition of this text on project financing continues to provide guidance on the legal and practical issues relevant to international projects. As well as addressing the basic principles which affect the structuring and documentation of project financings, the book also explains structural, legal, and contractual differences between the various sectors such as transportation, telecommunication,infrastructure/public private partnerships, conventional, renewable and nuclear power, mining, and oil and gas, the latter sector focus being new to this edition. The book considers the applicat

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26

John, Dewar, ed. International Project Finance. Oxford University Press, 2019. http://dx.doi.org/10.1093/law/9780198832850.001.0001.

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The second edition of this new authority on project financing continues to provide guidance on the legal and practical issues relevant to international projects. As well as addressing the basic principles which affect the structuring and documentation of project financings, the book also explains structural, legal, and contractual differences between the various sectors such as transportation, telecommunication, infrastructure, public/private partnerships; conventional, renewable, and nuclear power; mining, and oil and gas. It considers the application of English and New York law in cross-bord

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27

Van Harten, Gus. The Trouble with Foreign Investor Protection. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198866213.001.0001.

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Governments are rightly discussing reform of investment treaties, and of the powerful system of ‘investor–state dispute settlement’ (ISDS) upon which they rest. It is therefore important to be clear about the crux of the problem. ISDS treaties are flawed fundamentally because they firmly institute wealth-based inequality under international law. That is, they use cross-border ownership of assets, mostly by multinationals and billionaires, as the gateway to extraordinary protections, while denying equivalent safeguards to those who lack the wealth required to qualify as foreign investors. The t

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