Commercial Enforcement
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Recognition and Enforcement of International Commercial Arbitral Awards in Latin America
Author | : Omar E. García-Bolívar |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 308 |
Release | : 2015-01-08 |
Genre | : Law |
ISBN | : 9004284362 |
The editors of Recognition and Enforcement of International Commercial Arbitral Awards in Latin America: Law, Practice and Leading Cases present a country-by-country review of the law, arbitral practice and leading cases on the recognition and enforcement of international commercial arbitral awards in the region. In a global economy where arbitration has become standard for dispute resolution between commercial entities of different nationalities, the enforcement of international commercial arbitral awards in local jurisdictions is the ultimate bottom-line. Yet even with international conventions in place to facilitate the process, practical information on how Latin American courts enforce international commercial arbitral awards is limited. Organized by country, each chapter provides a relevant overview and guide to the substantive and procedural practice in the jurisdiction. In contrast to other sources of information and databases, the book provides excerpts of leading cases, analyses of relevant laws and international treaties and descriptions of local practice.
Enforcement of Judgments, Awards & Deeds in Commercial Matters
Author | : Carel J. H. Lynden (baron van) |
Publisher | : Sweet & Maxwell |
Total Pages | : 347 |
Release | : 2013 |
Genre | : Law |
ISBN | : 0414027051 |
"One of the first things international practitioners must consider is where to conduct legal proceedings. But the second thought must be whether a judgment or award, or a deed for that matter, is enforceable in the debtor's jurisdiction or the jurisdiction where there are assets. This first edition of Enforcement of Judgments, Awards and Deeds, provides the answer to such questions for a variety of jurisdictions. The New York Convention of 1958 is widely implemented, and therewith provides the basis for recognition of arbitral awards in many countries; where court judgments are concerned, the position is different. This book assists practitioners to make the right choice." -- (Cover)
Recognition and Enforcement of Judgments in Civil and Commercial Matters
Author | : Anselmo Reyes |
Publisher | : Bloomsbury Publishing |
Total Pages | : 411 |
Release | : 2019-09-19 |
Genre | : Law |
ISBN | : 1509924264 |
This collection offers a study of the regimes for the recognition and enforcement of foreign commercial judgments in 15 Asian jurisdictions: mainland China, Hong Kong, Taiwan, Japan, Korea, Malaysia, Singapore, Thailand, Vietnam, Cambodia, Myanmar, the Philippines, Indonesia, Sri Lanka and India. For practising lawyers, the book is intended as a practical guide to current law and procedures for enforcing judgments in the selected jurisdictions. However, it does not stop at describing current law and practice. Of interest to academics and students, it also analyses the common principles of the enforcement regimes across the jurisdictions, and identifies what should be regarded as the norm for enforcement in Asian countries for the purpose of attracting foreign direct investment and catalysing rapid economic development. In light of the common principles identified, the book explores how laws in Asia may generally be improved to enable judgments to be more readily enforced, while ensuring that legitimate concerns over indirect jurisdiction, due process and domestic public policy are respected and addressed. With this in mind, the book discusses the potential impact that the adoption of the 2005 Hague Convention on Choice of Court Agreements might have on Asian jurisdictions; it also considers the potential impact of the convention for the enforcement of judgments in civil and commercial matters presently being drafted by the Hague Conference on Private International Law. This timely book argues that it is imperative to adopt a uniform system for the recognition and enforcement of judgments throughout Asia if there is to be traction for the enhanced cross-border commerce that is expected to result from endeavours such as the ASEAN Economic Community (AEC), the Belt and Road Initiative (BRI), CPTPP (also known as TPP-11), and RCEP.
Settlement Agreements in Commercial Disputes: Negotiating, Drafting & Enforcement, 2nd Edition
Author | : Rosen, Velazquez |
Publisher | : Wolters Kluwer |
Total Pages | : 2320 |
Release | : 2019-06-16 |
Genre | : Arbitration agreements, Commercial |
ISBN | : 1543813240 |
With nearly all corporate disputes being resolved in settlements, drafting strong, enforceable settlement agreements is one of the most critical and challenging areas of corporate and commercial law practice today. Yet there has never been a single, comprehensive guide to the complex legal issues involved in negotiating, drafting and enforcing settlement agreements until Settlement Agreements in Commercial Disputes. Here, in two comprehensive volumes, including CD-Rom and forms, top experts offer insights gained from many years of litigation and dispute resolution experience to give you critical tools needed to prepare successful settlements: Sophisticated analysis of the law and its application Detailed planning of effective drafting techniques In-depth coverage of "hot issues," such as multi-party settlements and tax considerations Strategies for handling "special topics," such as tax and environmental concerns A time-saving library of model agreements on disk for a variety of disputes and jurisdictions Extensive case citations And much more Whether you are looking for the best way to handle a particularly troubling issue, or simply want to be sure you have anticipated every legal eventuality, Settlement Agreements in Commercial Disputes will give you the insights, information and guidance needed to prepare settlement agreements that meet your client's or company's objectives. Note: Online subscriptions are for three-month periods. Previous Edition: Settlement Agreements in Commercial Disputes: Negotiating, Drafting and Enforcement ISBN: 9780735514782
The Nature and Enforcement of Choice of Court Agreements
Author | : Mukarrum Ahmed |
Publisher | : Bloomsbury Publishing |
Total Pages | : 290 |
Release | : 2017-10-05 |
Genre | : Law |
ISBN | : 1509914471 |
PRAISE FOR THE BOOK: "This constitutes a work of impressive scholarship that will become a major reference point for future discourse on choice of court agreements. Dr Ahmed advances a firm thesis in a lucid manner that will satisfy both academics and practitioners. The discussion is supported by a monumental foundation of underpinning research. Ahmed's monograph throughout shows clear understanding of underlying substantive laws and in Chapter 11 displays a refreshing willingness to engage in intelligent speculation on the implications of Brexit." Professor David Milman, University of Lancaster "The book is an excellent attempt to understand the theoretical underpinnings of choice of court agreements in private international law ... Anyone with an interest in the theory and practice of choice of court agreements, in particular in mechanisms for their enforcement, should read this book. They will find much of value by doing so." Professor Paul Beaumont, University of Aberdeen (from the Series Editor's Preface) This book examines the fundamental juridical nature, classification and enforcement of choice of court agreements in international commercial litigation. It is the first full-length attempt to integrate the comparative and doctrinal analysis of choice of court agreements under the Brussels I Recast Regulation, the Hague Convention on Choice of Court Agreements ('Hague Convention') and the English common law jurisdictional regime into a theoretical framework. In this regard, the book analyses the impact of a multilateral and regulatory conception of private international law on the private law enforcement of choice of court agreements before the English courts. In the process, it both pre-empts and offers innovative solutions to issues that may arise under the jurisprudence of the emergent Brussels I Recast Regulation and the Hague Convention. The need to understand the nature and enforcement of choice of court agreements before the English courts from the perspective of the EU private international law regime and the Hague Convention cannot be understated. This important new study aims to fill an existing gap in the literature in relation to an account of choice of court agreements which explores and reconnects arguments drawn from international legal theory with legal practice. However, the scope of the work remains most relevant for cross-border commercial lawyers interested in crafting pragmatic solutions to the conflicts of jurisdictions.
Enforcement of Maritime Claims
Author | : David Jackson |
Publisher | : CRC Press |
Total Pages | : 1669 |
Release | : 2013-08-22 |
Genre | : Law |
ISBN | : 1135119228 |
The fourth edition consists of consideration of all aspects of the jurisdiction of English courts and arbitrators over maritime claims, applicable law, judgments, remedies and security interests, including the continuing critical impact of membership of the European Union. The comprehensive updating encompasses legislative, convention and judicial developments since the publication of the last edition in 2000 – in particular the replacement of the amended Brussels Jurisdiction and Judgments Convention 1968 by Council Regulation 44/2001 and its effect on other maritime convention jurisdiction provisions, relevant Civil Procedure Rules and judicial interpretation of both.
Contract Enforcement
Author | : Edward Yorio |
Publisher | : Wolters Kluwer |
Total Pages | : 832 |
Release | : 2011-01-01 |
Genre | : Law |
ISBN | : 145480114X |
Rev. ed. of: Contract enforcement / Edward Yorio. c1989.
Administration and Enforcement of U.S. Export Control Programs
Author | : United States. Congress. House. Committee on Ways and Means. Subcommittee on Oversight |
Publisher | : |
Total Pages | : 972 |
Release | : 1992 |
Genre | : Business & Economics |
ISBN | : |
Comparative Recognition and Enforcement
Author | : Drossos Stamboulakis |
Publisher | : Cambridge University Press |
Total Pages | : 303 |
Release | : 2022-10-31 |
Genre | : Law |
ISBN | : 1316513920 |
This book offers comparative insights into recognition and enforcement, informing decisions to implement, interpret, and apply emerging transnational judgments conventions.