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| Author | : Maisie Ooi |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 398 |
| Release | : 2003 |
| Genre | : Business & Economics |
| ISBN | : 9780199256136 |
The author examines the problems of choice of law relating to shares and other securities.
| Author | : Andrew Dickinson |
| Publisher | : Oxford University Press |
| Total Pages | : 449 |
| Release | : 2021-06-17 |
| Genre | : Law |
| ISBN | : 0192639765 |
A Conflict of Laws Companion brings together a group of expert authors to write essays in honour of Professor Adrian Briggs QC. Professor Briggs has been teaching in Oxford since 1980, and throughout that period, he has been an instrumental figure in shaping the conflict of laws in the UK and elsewhere and has inspired generations of students (future practitioners and judges) to take a close interest in the subject. His books, including Agreements on Jurisdiction and Choice of Law (OUP, 2008), The Conflict of Laws (4th edn, Clarendon, 2019), and Private International Law in English Courts (OUP, 2015), are among the most widely used and cited texts on the subject. The book is divided into four sections, exploring conflict of laws issues of different kinds and engaging with Professor Briggs' work on a diverse range of topics. Contributions by Professor Briggs' former colleagues build on his work in the conflict of laws and his immeasurable contributions as a teacher and researcher at the University of Oxford, not only to undergraduate teaching, but to his college (St Edmund Hall), the Law faculty, and the university. The book includes short personal submissions from each of the authors, all of whom studied alongside, have been taught or supervised by, or worked closely with Professor Briggs.
| Author | : Andrew S. Bell |
| Publisher | : Oxford Private International L |
| Total Pages | : 402 |
| Release | : 2003 |
| Genre | : Law |
| ISBN | : 9780199248186 |
The rules by which a venue is selected and settled upon for the resolution of any given transnational dispute have fostered a complex, fascinating and burgeoning body of law of great commercial significance. As courts and legislatures seek to fashion sophisticated yet practicaljurisdictional responses to this issue, practitioners strive to maximize their clients' prospects of success by securing their own preferred venue. For so long as different forums yield the prospect of different outcomes in the resolution of any given dispute, litigation about where to litigate isinevitable.Forum shopping is the province of plaintiffs and defendants alike. This book examines the fascinating competition to win the battle for venue in transnational litigation.It first identifies and analyses the pre-conditions and incentives for forum shopping. These serve to explain not only the frequent intensity of interlocutory litigation relating to questions of venue but also the reason why much transnational litigation settles once the issue of venue is resolved,in turn underlining the practical significance of the subject. The guiding principle of the 'natural forum' - the common law's conceptual response to disputed questions of venue - is subjected to detailed analysis and compared with the more orderly response of jurisdiction-regulating conventions,most successfully effected in EU Regulation 44/2001 and its progenitor, the Brussels Convention. Then the various techniques of what can be called 'reverse forum shopping' including the evolving law relating to anti-suit injunctions and its interplay with the concept of international judicialcomity are considered in detail. Finally, the book examines the role of, and the law relating to, jurisdiction and arbitration agreements in transnational litigation, including the manifold techniques by which parties seek to (and frequently do) extricate themselves from these forum-selectionarrangements.
| Author | : Potok |
| Publisher | : Bloomsbury Professional |
| Total Pages | : 382 |
| Release | : 2002-12-01 |
| Genre | : Law |
| ISBN | : 9781845925079 |
"Are you involved in the swap & derivatives, margin lending, repo or securities lending businesses? Do you take or provide indirectly held securities as collateral in cross border situations? If so, Cross Border Collateral: Legal Risk and the Conflict of Laws is the essential publication on this important, niche area of international law, helping you to understand how conflict of laws issues are resolved in 25 key jurisdictions."
| Author | : American Bar Association. House of Delegates |
| Publisher | : American Bar Association |
| Total Pages | : 216 |
| Release | : 2007 |
| Genre | : Law |
| ISBN | : 9781590318737 |
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
| Author | : Pierre-Henri Conac |
| Publisher | : Cambridge University Press |
| Total Pages | : 443 |
| Release | : 2013-05-30 |
| Genre | : Law |
| ISBN | : 1107244803 |
In today's financial markets, investors no longer hold securities physically. Instead, securities such as shares or bonds are mostly held through intermediaries and transferred by way of book-entries on securities accounts. However, there are remarkable conceptual differences between the various jurisdictions with regard to the legal treatment of intermediated securities. It is widely agreed that this patchwork creates considerable legal risks, especially in cross-border situations. Two initiatives are in place to reduce these risks. In 2009, the UNIDROIT Convention on Substantive Rules for Intermediated Securities (the 'Geneva Securities Convention') was adopted, aimed at harmonisation on the international level. The EU Commission is also running a legislative project, to achieve harmonisation at the regional level. This book compares both initiatives and analyses their impact on the securities laws of selected European jurisdictions.
| Author | : Matthias Haentjens |
| Publisher | : |
| Total Pages | : 99 |
| Release | : 2014 |
| Genre | : |
| ISBN | : |
The legal rules regulating the settlement of securities transactions are occasionally compared to the 'plumbing' of the international capital markets; if all goes well, not much attention is paid, but if something goes wrong (possibly due to sloppy maintenance), the consequences are frequently costly, and at best unpleasant.Market participants have clearly indicated a need for harmonisation of rules regarding the settlement of securities transactions. Although some harmonisation has already been achieved the present situation is still far from optimal, not least because of the fragmented approach of the EU legislator. In this paper, the laws of England, France, the Netherlands and the US have been investigated as to their conflict of laws rules on the proprietary aspects of international securities transactions.It becomes clear that great differences still exist, both theoretically and practically. As a first step towards global harmonisation and modernisation of substantive law, private international law should be adapted to the modern indirect holding system. It should provide a uniform rule that creates certainty and predictability on a sound theoretical basis, without prejudice to existing different substantive laws. As this study makes clear, the harmonisation effort of the Hague Conference, the Hague Securities Convention, satisfies all these requirements. It should therefore be supported by the legislative authorities.
| Author | : Janeen M. Carruthers |
| Publisher | : Oxford Private International L |
| Total Pages | : 0 |
| Release | : 2005 |
| Genre | : Law |
| ISBN | : 9780199271474 |
This book provides a detailed and up-to-date exposition of English and Scottish rules of choice of law in inter vivos transfers of property. It traces the development of the lex situs rule, and its application to inter vivos dealings with immovable property, tangible movable property(including the special case of cultural property), and intangible movable property (including indirectly held securities).The author offers two alternative models of suggested choice of law rules in property, introducing a greater degree of flexibility into choice of law rules in property, and formulates even-handed solutions to the complex problems of space, time and policy which arise in this area of the conflict oflaws.
| Author | : H. van Houtte |
| Publisher | : Sweet & Maxwell |
| Total Pages | : 352 |
| Release | : 1999 |
| Genre | : Law |
| ISBN | : 9780421653801 |
A collection of essays on topical contract issues, covering subjects including: Paradine v Jayne; foreign currency judgements; agency problems in insurance law; increased expense and frustration; failure of consideration; restitutionary consequences of illegality; and proprietary estoppel
| Author | : Roy Goode |
| Publisher | : Penguin UK |
| Total Pages | : 1632 |
| Release | : 2021-03-25 |
| Genre | : Law |
| ISBN | : 0141998563 |
The sixth edition of the authoritative and acclaimed commercial law text 'A great book ... will be equally useful to legal practitioners, students and business people' Financial Times This sixth edition of Goode on Commercial Law, now retitled Goode and McKendrick on Commercial Law, remains the first port of call for the modern day practitioner with its theoretical and practical coverage of commercial law in both a national and an international context. Now updated to cover the most recent legal and technical changes, this highly acclaimed and authoritative text, which is regularly cited by all courts from the Supreme Court downwards, combines a deep theoretical analysis of foundational principles with a practical approach in the context of typical commercial and financial transactions. It is also replete with diagrams and specimen forms covering a wide range of transactions. 'Searching analysis and meticulous exposition coupled with a lucid clarity of style and a relaxed lightness of touch combine to make the book not only compulsory but compulsive reading for anyone interested in its field' Law Quarterly Review 'A work of immense scholarship ... Professor Goode's work must be as nearly exhaustive as can be possible and as produced by Penguin is a triumph of paperback publishing' Solicitor's Journal 'Clear and comprehensive ... The student and practitioner will find it indispensable; the interested layperson too will benefit from it as a work of reference' British Business 'A veritable tour de force' Business Law Review
