The Allocation of Power between Arbitral Tribunals and State Courts

The Allocation of Power between Arbitral Tribunals and State Courts
Author: Alan Scott Rau
Publisher: BRILL
Total Pages: 608
Release: 2019-03-25
Genre: Law
ISBN: 9004388923

The ultimate question that runs through all of our law of arbitration is the allocation of responsibility between state courts and arbitral tribunals : If private tribunals assume the power to bind others in a definitive fashion, we must ask, where does this authority come from ? Fundamentally different in this respect from a state judge, a private arbitrator may only derive his legitimacy from that exercise of private ordering and self-government which characterizes any voluntary commercial transaction. This work begins then with the dimensions of that “consent” which alone can justify arbitral jurisdiction. The discussion is then carried forward to explore how party autonomy in the contracting process may be expanded, giving rise to the voluntary reallocation of authority between courts and arbitrators. It concludes with the necessary inquiry into the autonomy with respect to the “chosen law” that will govern the agreement to arbitrate itself.

Class, Mass, and Collective Arbitration in National and International Law

Class, Mass, and Collective Arbitration in National and International Law
Author: S.I. Strong
Publisher: Oxford University Press
Total Pages: 429
Release: 2013-10
Genre: Law
ISBN: 0199772525

Class, Mass and Collective Arbitration in National and International Law is the first book to discuss various types of large-scale arbitration, where multiple individuals (ranging from several dozen to hundreds of thousands of persons) bring their claims at a single time, in a single arbitral proceeding.

Model Rules of Professional Conduct

Model Rules of Professional Conduct
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.

Arbitration of Trust Disputes

Arbitration of Trust Disputes
Author: Clover Alcolea, Lucas
Publisher: Edward Elgar Publishing
Total Pages: 320
Release: 2022-05-06
Genre: Law
ISBN: 1802201327

There is a dire need for a comprehensive pedagogical resource both on diverse approaches to teaching sports economics and the use of sports to teach broader principles of economic concepts. This book does exactly that. The contributions from leading scholars and teachers in both fields will help all instructors looking to raise their teaching game.

Arbitration

Arbitration
Author: Steven C. Bennett
Publisher: ALM Publishing
Total Pages: 228
Release: 2002
Genre: Business & Economics
ISBN: 9780970597083

Casenote Legal Briefs for Contracts Keyed to Ayres and Klass

Casenote Legal Briefs for Contracts Keyed to Ayres and Klass
Author: Casenote Legal Briefs
Publisher: Aspen Publishing
Total Pages: 637
Release: 2017-11-13
Genre: Law
ISBN: 1454896450

After your casebook, a Casenote Legal Brief is your most important reference source for the entire semester. Expert case studies and analyses and quicknote definitions of legal terms help you prepare for class discussion. Here is why you need Casenote Legal Briefs to help you understand cases in your most difficult courses: Each Casenote includes expert case summaries, which include the black letter law, facts, majority opinion, concurrences, and dissents, as well as analysis of the case. There is a Casenote for you! With dozens of Casenote Legal Briefs, you can find the Casenote to work with your assigned casebook and give you the extra understanding of all cases Casenotes in 1L subjects include a Quick Course Outline to help you understand the relationships between course topics.

Loring and Rounds

Loring and Rounds
Author: Jr. Charles E. Rounds
Publisher: Wolters Kluwer Law & Business
Total Pages: 1916
Release: 2022-01-31
Genre: Trusts and trustees
ISBN: 1543837050

Loring and Rounds: A Trustee's Handbook (2022) is an invaluable practical resource that addresses the rights, duties, and obligations of the parties once the trustee takes title to trust property. This Handbook steers you through this complex field, providing property owners with a mechanism for seeing to the needs of beneficiaries in cost-effective, creative, efficient, and flexible ways. Loring and Rounds: A Trustee's Handbook (2022) is a handy, ready reference, and a gateway to the treatises, restatements, law review articles, uniform statutes, and cases you need to know. This fully integrated and bound volume of the Handbook brings you up to date on the latest cases, statutes, and developments, as well as new or updated discussion of topics as follow: The Handbook continues the lengthy process of pruning some of the deadwood; significant exposition has been cut, revised, or combined. In sum, the Handbook is now even leaner, meaner, and more usable than ever. In addition, numerous new cases and secondary sources have been added. These include the following: In the 2022 Edition, there are 91 judicial-decision references and 186 footnotes that were not in the 2021 Edition. Forty pre-existing footnotes have been revised along with their accompanying texts. There has been a major across-the-board expansion, re-organization, renovation, consolidation, coordination, and updating of the content devoted to the intersection of trust law and constitutional (U.S.) law. We have, for example, opened up a whole new section devoted entirely to relevant taking and due process jurisprudence. See §5.3.1A and its sub-sections. The Handbook's treatment of the Domestic Asset Protection Trust (DAPT) has been beefed up and consolidated in §9.28. While the Handbook has had much to say about the equitable doctrine of unclean hands as it pertains to trustee conduct, there has been little on its applicability to beneficiary conduct. This oversight has been corrected. See §§ 5.5 & 7.1.9. All this, and much more is included in the 2022 Edition of the Handbook.

Contracts

Contracts
Author:
Publisher: 中信出版社
Total Pages: 152
Release: 2003
Genre: Contracts
ISBN: 9787800737626

对应于克纳普、克里斯特尔和普林斯合著的案例教程《合同法问题研究:案例与资料》。