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| Author | : Shahla F. Ali |
| Publisher | : Cambridge University Press |
| Total Pages | : 283 |
| Release | : 2013-03-14 |
| Genre | : Business & Economics |
| ISBN | : 110702871X |
Shahla F. Ali presents comparative empirical research about the design of consumer financial dispute resolution mechanisms in Asia, America and Europe.
| Author | : Jeffrey Golden |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 0 |
| Release | : 2015 |
| Genre | : Law |
| ISBN | : 9780199687862 |
The first book to focus on the arbitration of international financial disputes, this work provides an invaluable reference work on issues that are particularly relevant to claims involving financial products.
| Author | : William W. Park |
| Publisher | : OUP Oxford |
| Total Pages | : 0 |
| Release | : 2012-09-20 |
| Genre | : Law |
| ISBN | : 9780199657131 |
A collection of the most timeless articles on business dispute resolution from the eminent scholar and renowned arbitrator, William W. (Rusty) Park, this new edition adds significant material to the existing collection, which has been fully updated and revised.
| Author | : Arif H. Ali |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 616 |
| Release | : 2021-09-14 |
| Genre | : Law |
| ISBN | : 9403535628 |
Global banking and finance is a complex and specialized field with sector-specific investment forms, subject to distinctive legal and regulatory frameworks and unique types of political risk. This comprehensive guide to international investment protection in the finance and banking sector, written by acknowledged experts in the field of investor-State arbitration, provides the first in-depth discussion of how international investment law applies to investors and investments in the sector. Featuring expert guidance on the key legal protections for cross-border banking and finance investments, with complete and up-to-date coverage of investor-State cases, the analysis crystallizes a set of field-specific legal principles for the sector. In particular, the authors address the following practical aspects of investment protection in the banking and finance sector: how sector-specific forms of investment, such as loans and derivatives, impact the dispute resolution process; types of political risk that cross-border investments in the sector are likely to encounter; distinctive adverse sovereign measures that underlie disputes in the sector, including those from sovereign debt defaults and banking sector bailouts; specific treaty provisions, such as jurisdictional carve-outs and targeted exclusions; remedies available for violations of international investment protections; how monetary damages may be assessed for injury to banking and finance sector investments; the scope of financial services chapters included in certain free trade agreements; the protections available under domestic foreign investment laws; and alternative sources of protection such as political risk insurance and investment contracts. International disputes practitioners and academics, in-house counsel in the finance and banking industries, and arbitrators addressing banking and finance disputes will welcome this book for its practical guidance. With strategies for investors as well as for sovereign States to navigate the intricacies of the investment protection system, the authors’ comprehensive analysis will help ensure appropriate international protection for banking and finance sector investments, both when establishing investments and when resolving disputes. The book lays the groundwork for the future consolidation of international investment protection as a critical tool to manage the political risk confronting global banking and finance.
| Author | : Philip R. Wood |
| Publisher | : Sweet & Maxwell |
| Total Pages | : 716 |
| Release | : 2007 |
| Genre | : Business & Economics |
| ISBN | : 1847032079 |
The book is an exposition of 100 of the major cases, which have either created or illustrate well, the legal system as we know it today. The cases have been chosen primarily for illustrating important points of law in a large variety of legal disciplines
| Author | : Mahmood Bagheri |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 314 |
| Release | : 2000-12-06 |
| Genre | : Business & Economics |
| ISBN | : 9041198105 |
The growth of national economic regulation and the process of globalisation increasingly expose international transactions to an array of regulations from different jurisdictions. These developments often contribute to widespread international contractual failures when parties claim the incompatibility of their contractual obligations with regulatory laws. The author challenges conventional means of dispute resolution and argues for an interdisciplinary approach whereby disciplines such as international economic law, conflict of laws, contract law and economic regulations are functionally united to resolve international and multifaceted regulatory disputes. He identifies the normative foundation of contract law as an important determinant in this process, contending that contract law is essentially neutral and underpinned by the concept of corrective justice, while economic regulations are mainly prompted by distributive justice. Applying this corrective/distributive justice dichotomy to international contracts, the author critically assesses major conflict of laws approaches such as `proper law', `the Rome Convention' and `governmental interest analysis', which could disregard either public interest or private rights. The author, taking these theories into account, proposes an alternative two-dimensional interest analysis approach. He tests the viability of this approach with reference to arbitral awards and court decisions in various jurisdictions and concludes that it uniquely fits into the structure of international commercial arbitration. In adopting this approach arbitrators would take into account both corrective and distributive justice, and to the extent that corrective justice prevails, would be able to avert a total failure of the contract.
| Author | : Norbert Horn |
| Publisher | : Springer |
| Total Pages | : 336 |
| Release | : 2000-11-08 |
| Genre | : Law |
| ISBN | : |
Whereas arbitration and non-judicial dispute settlement mechanisms are of growing importance in international economic transactions, their present and future role in financial transactions is not yet fully explored. This timely publication aims to fill this gap in the literature and includes analyses of bank remedies, direct negotiation and mediation in financial and business conflicts, debt renegotiations, restructuring of syndicated loans, arbitration in project financing, and the roles of the ICC, NAFTA and OAS. Some of the expert papers focus in particular on the role of arbitration and dispute resolution in Latin America, Greater China and Russia. Non-Judicial Dispute Settlement in International Financial Transactions is based on the edited and revised papers of an international conference--part of a global series of conferences held in 1999 on the `New International Financial Architecture'--organised by the Law Centre of European and International Cooperation (R.I.Z., Cologne), the Centre for Commercial Law Studies (London), the Asian Institute of International Financial Law (Hong Kong), and the SMU Institute of International Banking and Finance (Dallas).
| Author | : Jeffrey B. Golden |
| Publisher | : |
| Total Pages | : |
| Release | : 2015 |
| Genre | : Arbitration (International law) |
| ISBN | : 9780191801877 |
The first book to focus on the arbitration of international financial disputes, this work provides an invaluable reference work on issues that are particularly relevant to claims involving financial products.
| Author | : Norbert Horn |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 572 |
| Release | : 2004-01-01 |
| Genre | : Law |
| ISBN | : 9041122931 |
Cross-border direct investment constitutes a substantial sector of the international financial market and is also an important vehicle for the transfer of technology and the modernisation of national economies. In recent years, international arbitration has gained a prominent role as a means of settlement of foreign investment disputes. The number and size of investment disputes under arbitration have risen significantly due to the growing number of bilateral investment treaties and increased use of arbitration under multilateral investment treaties. Arbitrating such disputes requires specialised skills and arbitrators with international experience. This new title, featuring contributions from leading experts in the field, deals with the procedural and substantive legal aspects of arbitrating foreign investment disputes. The chapters cover the basic framework of investment protection, the key notions of investment protection and examples and crucial aspects of arbitrating foreign investment disputes. For those involved with international investment arbitration, including practising lawyers, anyone doing business abroad and academics Arbitrating Foreign Investment Disputes: Procedural and Substantive Legal Aspects will provide high level analysis and accurate legal updates and assessments from around the world.
| Author | : Sherlin Tung |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 440 |
| Release | : 2019-11-26 |
| Genre | : Law |
| ISBN | : 9403506423 |
Finances in International Arbitration Liber Amicorum Patricia Shaughnessy Edited by Sherlin Tung, Fabricio Fortese & Crina Baltag Costs of arbitration has always been a main concern in international arbitration. It is a topic most often discussed and analyzed. In spite of the recent developments in thirdparty funding regulations as well as other mechanisms made available to users of arbitration to reduce costs, the topic remains a key focus for users of arbitration. As the founder of the world’s leading international commercial arbitration Master’s programme, Dr Patricia Shaughnessy is a huge advocate of communicating recent and important developments in international arbitration and has written and spoken extensively on such matters. Over twenty-five renowned practitioners and academics worldwide, who have been influenced by Dr Shaughnessy, explore this much-debated topic on the occasion of her 65th birthday. The contributions in this dedication to Dr Shaughnessy’s legacy look at issues such as the following: costs arising out of Third-Party Funding; costs of court proceedings versus arbitration proceedings; fee arrangements with legal counsel; costs of commercial versus investment arbitration; how to deal with in-house costs in international arbitration; impact of tribunal secretaries in international arbitration; cost sanctions in international arbitration; damages in international arbitration. The analysis and views offered by leading scholars and practitioners on current day issues arising out of costs of arbitration will offer readers a unique perspective on various aspects of the finances involved in arbitration. This book will provide insightful thoughts and practical guidance for academics and practitioners in the field of international arbitration.
