Cross-Border Litigation in Europe

Cross-Border Litigation in Europe
Author: Paul Beaumont
Publisher: Bloomsbury Publishing
Total Pages: 1076
Release: 2017-11-16
Genre: Law
ISBN: 1782256776

This substantial and original book examines how the EU Private International Law (PIL) framework is functioning and considers its impact on the administration of justice in cross-border cases within the EU. It grew out of a major project (ie EUPILLAR: European Union Private International Law: Legal Application in Reality) financially supported by the EU Civil Justice Programme. The research was led by the Centre for Private International Law at the University of Aberdeen and involved partners from the Universities of Freiburg, Antwerp, Wroclaw, Leeds, Milan and Madrid (Complutense). The contributors address the specific features of cross-border disputes in the EU by undertaking a comprehensive analysis of the Court of Justice of the EU (CJEU) and national case law on the Brussels I, Rome I and II, Brussels IIa and Maintenance Regulations. Part I discusses the development of the EU PIL framework. Part II contains the national reports from 26 EU Member States. Parts III (civil and commercial) and IV (family law) contain the CJEU case law analysis and several cross-cutting chapters. Part V briefly sets the agenda for an institutional reform which is necessary to improve the effectiveness of the EU PIL regime. This comprehensive research project book will be of interest to researchers, students, legal practitioners, judges and policy-makers who work, or are interested, in the field of private international law.

Eu Cross-Border Commercial Mediation

Eu Cross-Border Commercial Mediation
Author: Anna Howard
Publisher: Kluwer Law International
Total Pages: 288
Release: 2021-01-13
Genre:
ISBN: 9789403517537

EU Cross-Border Commercial Mediation' is a book which focuses on the European Union?s (EU?s) continued efforts to encourage the use of cross-border mediation and examines why such efforts have had a limited impact. It does so by drawing on rare, and at times surprising, detailed insights from the in-house counsel of multinational companies regarding their use of EU cross-border commercial mediation. By viewing mediation through the disputants? perspective, new and important findings regarding why disputants do, and do not, use cross-border mediation have emerged. While these findings are of primary relevance to EU policy and practice, they have implications far beyond the EU context at a time of increasing international interest in cross-border mediation.

When Private International Law Meets Intellectual Property Law

When Private International Law Meets Intellectual Property Law
Author: World Intellectual Property Organization
Publisher: WIPO
Total Pages: 92
Release: 2019-10-15
Genre: Law
ISBN: 9280529137

Co-published by WIPO and the Hague Conference on Private International Law, this guide is a pragmatic tool, written by judges, for judges, examining how private international law operates in intellectual property (IP) matters. Using illustrative references to selected international and regional instruments and national laws, the guide aims to help judges apply the laws of their own jurisdiction, supported by an awareness of key issues concerning jurisdiction of the courts, applicable law, the recognition and enforcement of judgments, and judicial cooperation in cross-border IP disputes.

International Aspects of U.S. Litigation

International Aspects of U.S. Litigation
Author: James E. Berger (Lawyer)
Publisher:
Total Pages: 0
Release: 2017
Genre: Conflict of laws
ISBN: 9781634255561

"[This book] addresses the topics that arise when international disputes find their way to U.S. courts, which they do with great frequency. The purpose of this book is to explain the authority and competence of American courts with regard to international disputes and explore the topics that arise most often―and cause practitioners the greatest amount of confusion and difficulty―in connection with those disputes. Topics covered include: a basic overview of the U.S. court system; concepts of subject matter and personal jurisdiction; concepts of forum and venue; governing law, and choice-of-law; discovery; judgment; arbitration; and sovereign litigation, bankruptcy, and trade disputes."--

Legal Design

Legal Design
Author: Corrales Compagnucci, Marcelo
Publisher: Edward Elgar Publishing
Total Pages: 264
Release: 2021-10-21
Genre: Law
ISBN: 183910726X

This innovative book proposes new theories on how the legal system can be made more comprehensible, usable and empowering for people through the use of design principles. Utilising key case studies and providing real-world examples of legal innovation, the book moves beyond discussion to action. It offers a rich set of examples, demonstrating how various design methods, including information, service, product and policy design, can be leveraged within research and practice.

Experiencing International Arbitration

Experiencing International Arbitration
Author: MICHAEL D.. SOURGENS NOLAN (FREDERIC G.)
Publisher: West Academic Publishing
Total Pages: 816
Release: 2020-07-10
Genre:
ISBN: 9781684674749

The book is the first of its kind in seeking to make students "practice ready" for representing parties in international arbitrations. It covers the full scope of the role of arbitration counsel in advising clients, from drafting arbitration clauses to representing clients in arbitrations to prosecuting and defending court actions at the enforcement stage. Throughout the book, the authors make students come alive to the ethical problems faced by arbitration practitioners on a day-to-day basis, with the objective of preparing them for the choices arbitration lawyers actually have to make. The book provides a distinctive way to teach central transferable skills that are vital for the success of any junior practitioner. It provides opportunities to practice client counseling, clause drafting to achieve client goals, and the composing of advice of how to respond to proposed contract language received during negotiations. It further provides opportunities to engage in drafting of documents that are less frequently included in the law school curriculum but are vital to the practice of law. These documents include requests for the production of documents, requests for the production of electronic documents, motions requesting emergency relief (temporary restraining orders), as well as dispositive motions and affidavits. The book therefore assists law schools in making available alternative ways in which to achieve basic institutional learning outcomes. The book is one of the first to teach students how to engage in a global practice of law through simulations inspired by real life disputes. The global practice of law involves challenges that exceed those encountered in the domestic setting. Questions of legal culture, applicable law, and client expectations differ markedly in global practice. This book is one of the first to provide students with a practical means to deal with such challenges. It is thus particularly well suited for use in classes with an LLM contingent as the simulation scenarios permit LLM students to bring in their home country experiences fully into simulation exercises. By teaching these transferable skills, the book provides an engaging way to introduce students to the skills they will need to perform well on the Multistate Performance Test as part of their bar examination. The Multistate Performance Tests asks students to draft a specific piece of work product based on a closed packet of materials. The chapters are set up in such a way that students will be exposed to that way of encountering new kinds of work product and dealing with such work product on the basis of a closed packet of materials. This experience thus also has significant bar study benefits. In order to achieve these benefits, the book uses a simulations approach. To prepare students for the problems faced by arbitration counsel, the book introduces them to different simulations that present real-world practice problems. Though many of these problems are discrete, certain simulations are referred to multiple times to show students that procedural choices made in the beginning of an arbitration have significant implications for later stages of proceedings. This flexible use of the simulation method introduces students to the need to address some discrete problems for clients while also alerting them to the fact that client advice can have a long half-life. The authors are seasoned arbitration practitioners and academics. The authors have in fact handled numerous arbitrations together and have tried to make available their best practices in this book. Michael Nolan is a partner in the Washington, DC office of Milbank LLP. He has served as counsel in more than a hundred disputes. He serves as an arbitrator in a wide range of cases and is a member of the International Advisory Committee of the American Arbitration Association. Michael Nolan also teaches as an Adjunct Professor of Law at Georgetown Law Center. Frédéric G. Sourgens is a Professor of Law at Washburn University School of Law. He is the author of more than 60 publications, including approximately a dozen books on arbitration or arbitration-related subjects. His work has been cited as authority by numerous arbitral tribunals and counsel. Frédéric Sourgens also remains active in arbitrations in a number of different capacities. Though flexible in how it can be used, the book is specially designed for use in arbitration skills classes. It further can support arbitration clinic students in learning the basics of arbitration and can further support arbitration seminars looking to take a more detailed look at the inner working of one of the most controversial areas of law judging by the constant stream of U.S. Supreme Court cases on the subject matter.

International Commercial Courts

International Commercial Courts
Author: Stavros Brekoulakis
Publisher: Cambridge University Press
Total Pages: 591
Release: 2022-04-21
Genre: Law
ISBN: 1316519252

The book presents international commercial courts from a comparative perspective and highlights their role in transnational adjudication.