Finding Freezing And Attaching Assets
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Author | : Jacob C. Jørgensen |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 528 |
Release | : 2016-03-21 |
Genre | : Law |
ISBN | : 9041167420 |
Because of the rise in cross-border disputes – and due to the ease with which assets can be moved around the world with the help of online banking and fiduciary service providers – parties are increasingly finding themselves suing or being sued outside their home jurisdictions. This book is about how to find out whether a defendant has any assets before initiating costly litigation, arbitration, or insolvency proceedings, and if so how to freeze such assets with the aim of eventually enforcing a judgment or award. Nineteen country chapters by lawyers with decades of hands-on experience in helping their clients find, freeze, and attach defendants’ assets provide practical guidance to legal professionals representing parties in cross-border commercial lawsuits, international arbitration proceedings, simple debt collection matters, enforcement proceedings, divorce proceedings, inheritance matters, and other legal matters where the assets in dispute are thought to be located abroad. Each contribution offers an overview of the pre-trial asset tracing techniques and rules regulating freezing orders and enforcement methods in the jurisdiction covered, describing not just what the law says but how the law actually works. The jurisdictions covered include several of the offshore havens that are frequently used to hide assets in. The authors attend to such issues and topics as the following: • investigating whether a potential counterparty owns vessels, aircrafts, motor vehicles, real estate, or intellectual property rights; • locating offshore trusts; • discovering assets transferred to a family member or corporate entity; • exposing sham investments designed to generate a (fictitious) loss of assets; and • invoking remedies available to a party facing asset shielding manoeuvres. This book will quickly become an indispensable tool for international litigators, arbitration lawyers, and lawyers involved in cross-border insolvency and debt recovery proceedings, as well as for academics and scholars involved in legal research projects or law reform programs. Renowned litigator Robert Shapiro says in his Foreword: 'The authors provide the reader with practical guidance into the complex area of cross-border asset tracing and do so in a very down-to-earth way, without the academic hyperbole that generally burdens modern legal textbooks.'
Author | : Pereira, Eduardo G. |
Publisher | : Edward Elgar Publishing |
Total Pages | : 567 |
Release | : 2022-08-23 |
Genre | : Law |
ISBN | : 1786434652 |
The oil and gas industry’s wide international exposure and constantly changing landscape leave it particularly vulnerable to disputes. As this practical book demonstrates, the risks associated with disputes can be mitigated by parties utilising governing law and dispute resolution clauses in contractual agreements within the sector. Examining a global range of jurisdictions, the book offers clear guidance on the most appropriate choice of law and choice of dispute resolution forum for oil and gas contracts, analysing the key issues and defining the legal contours involved.
Author | : |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 534 |
Release | : 2016-12-23 |
Genre | : Law |
ISBN | : 904116927X |
The Yearbook Commercial Arbitration continues its longstanding commitment to serving as a primary resource for the international arbitration community with reporting on arbitral awards and court decisions applying the leading arbitration conventions, as well as on arbitration legislation and rules. What's in this book: Volume XLI (2016) includes: • excerpts of arbitral awards made under the auspices of the International Chamber of Commerce (ICC), the Milan Chamber of Arbitration (CAM) and the Paris International Arbitration Chamber (CAIP); • notes on new and amended arbitration rules, including references to their online publication; • notes on recent developments in arbitration law and practice in Argentina, British Virgin Islands, Ecuador, Greece, India, Iraq, Myanmar, Peru, Poland, the Russian Federation, Serbia, the United Arab Emirates and Vietnam; • excerpts of 96 court decisions applying the 1958 New York Convention from 27 countries – including, for the first time, cases from Armenia and the Dominican Republic – all indexed by subject matter and linked to the General Editor’s published commentaries on the New York Convention; • excerpts from other court decisions of interest to the practice of international arbitration; • an extensive Bibliography of recent books and journals on arbitration. The Yearbook is edited by the International Council for Commercial Arbitration (ICCA), the world’s leading organization representing practitioners and academics in the field, with the assistance of the Permanent Court of Arbitration, The Hague. It is an essential tool for lawyers, business people and scholars involved in the practice and study of international arbitration.
Author | : Lukas Klee |
Publisher | : John Wiley & Sons |
Total Pages | : 893 |
Release | : 2018-07-17 |
Genre | : Law |
ISBN | : 1119430526 |
The updated second edition of the practical guide to international construction contract law The revised second edition of International Construction Contract Law is a comprehensive book that offers an understanding of the legal and managerial aspects of large international construction projects. This practical resource presents an introduction to the global construction industry, reviews the basics of construction projects and examines the common risks inherent in construction projects. The author — an expert in international construction contracts — puts the focus on FIDIC standard forms and describes their use within various legal systems. This important text contains also a comparison of other common standard forms such as NEC, AIA and VOB, and explains how they are used in a global context. The revised edition of International Construction Contract Law offers additional vignettes on current subjects written by international panel of numerous contributors. Designed to be an accessible resource, the book includes a basic dictionary of construction contract terminology, many sample letters for Claim Management and a wealth of examples and case studies that offer helpful aids for construction practitioners. The second edition of the text includes: • Updated material in terms of new FIDIC and NEC Forms published in 2017 • Many additional vignettes that clearly exemplify the concepts presented within the text • Information that is appropriate for a global market, rather than oriented to any particular legal system • The essential tools that were highlighted the first edition such as sample letters, dictionary and more • A practical approach to the principles of International Construction Contract Law and construction contract management. Does not get bogged down with detailed legal jargon Written for consulting engineers, lawyers, clients, developers, contractors and construction managers worldwide, the second edition of International Construction Contract Law offers an essential guide to the legal and managerial aspects of large international construction projects.
Author | : Daniel Girsberger |
Publisher | : Stämpfli Verlag |
Total Pages | : 194 |
Release | : 2018-06-18 |
Genre | : Law |
ISBN | : 3727233974 |
The SAA Series on International Arbitration contains the best graduation papers of all participants who successfully completed the post graduate studies in international arbitration of the SAA Swiss Arbitration Academy. The papers cover different aspects of international arbitration. The SAA Series is published on a yearly basis. The Swiss Arbitration Academy is a private institution founded and managed by the editors. Each year, the SAA offers and conducts an intensive and practical course in international arbitration. The training is designed for lawyers, in-house counsel, and other professionals interested in cutting edge international dispute resolution education. All participants, who successfully complete the course, which includes the submission of the final paper, are awarded the SAA Certificate and the title Arbitration Practitioner ArbP.
Author | : Juan Zarate |
Publisher | : PublicAffairs |
Total Pages | : 375 |
Release | : 2013-09-10 |
Genre | : Political Science |
ISBN | : 1610391160 |
For more than a decade, America has been waging a new kind of war against the financial networks of rogue regimes, proliferators, terrorist groups, and criminal syndicates. Juan Zarate, a chief architect of modern financial warfare and a former senior Treasury and White House official, pulls back the curtain on this shadowy world. In this gripping story, he explains in unprecedented detail how a small, dedicated group of officials redefined the Treasury's role and used its unique powers, relationships, and reputation to apply financial pressure against America's enemies. This group unleashed a new brand of financial power -- one that leveraged the private sector and banks directly to isolate rogues from the international financial system. By harnessing the forces of globalization and the centrality of the American market and dollar, Treasury developed a new way of undermining America's foes. Treasury and its tools soon became, and remain, critical in the most vital geopolitical challenges facing the United States, including terrorism, nuclear proliferation, and the regimes in Iran, North Korea, and Syria. This book is the definitive account, by an unparalleled expert, of how financial warfare has taken pride of place in American foreign policy and how America's competitors and enemies are now learning to use this type of power themselves. This is the unique story of the United States' financial war campaigns and the contours and uses of financial power, and of the warfare to come.
Author | : Douglas Laycock |
Publisher | : Aspen Publishing |
Total Pages | : 1389 |
Release | : 2018-11-06 |
Genre | : Law |
ISBN | : 1543806945 |
Modern American Remedies: Cases and Materials Concise Fifth Edition
Author | : United States. Congress. Senate. Committee on Foreign Relations |
Publisher | : |
Total Pages | : 368 |
Release | : 1981 |
Genre | : Government publications |
ISBN | : |
Author | : Jean-Pierre Brun |
Publisher | : World Bank Publications |
Total Pages | : 348 |
Release | : 2021-02-08 |
Genre | : Business & Economics |
ISBN | : 1464816174 |
Developing countries lose billions each year through bribery, misappropriation of funds, and other corrupt practices. Much of the proceeds of this corruption find 'safe haven' in the world's financial centers. These criminal flows are a drain on social services and economic development programs, contributing to the impoverishment of the world's poorest countries. Many developing countries have already sought to recover stolen assets. A number of successful high-profile cases with creative international cooperation has demonstrated that asset recovery is possible. However, it is highly complex, involving coordination and collaboration with domestic agencies and ministries in multiple jurisdictions, as well as the capacity to trace and secure assets and pursue various legal options—whether criminal confiscation, non-conviction based confiscation, civil actions, or other alternatives. This process can be overwhelming for even the most experienced practitioners. It is exceptionally difficult for those working in the context of failed states, widespread corruption, or limited resources. With this in mind, the Stolen Asset Recovery (StAR) Initiative has developed and updated this Asset Recovery Handbook: A Guide for Practitioners to assist those grappling with the strategic, organizational, investigative, and legal challenges of recovering stolen assets. A practitioner-led project, the Handbook provides common approaches to recovering stolen assets located in foreign jurisdictions, identifies the challenges that practitioners are likely to encounter, and introduces good practices. It includes examples of tools that can be used by practitioners, such as sample intelligence reports, applications for court orders, and mutual legal assistance requests. StAR—the Stolen Asset Recovery Initiative—is a partnership between the World Bank Group and the United Nations Office on Drugs and Crime that supports international efforts to end safe havens for corrupt funds. StAR works with developing countries and financial centers to prevent the laundering of the proceeds of corruption and to facilitate more systematic and timely return of stolen assets.
Author | : Council of Europe. Octopus Programme |
Publisher | : Council of Europe |
Total Pages | : 330 |
Release | : 2004-01-01 |
Genre | : Business & Economics |
ISBN | : 9287154767 |
This publication contains a number of best practice studies on effective measures to combat organised crime, corruption and money laundering, which have been prepared by the Council of Europe between 1998 and 2003. Topics covered include: witness protection; reversing the burden of proof in confiscating the proceeds of crime; interception of communication and intrusive surveillance; crime analysis; cross-border co-operation; provisions on membership in criminal organisations; co-operation against trafficking in human beings; and preventive legal measures against organised crime. The term Octopus is the name of a technical co-operation programme against corruption and organised crime initiated by the Council of Europe in 1996.