The 1958 New York Convention in Action

The 1958 New York Convention in Action
Author: Marike Paulsson
Publisher: Kluwer Law International B.V.
Total Pages: 379
Release: 2016-02-24
Genre: Law
ISBN: 9041152415

The 1958 New York Convention has been called the most effective instance of international legislation in the entire history of commercial law. However, the succinct text of the Convention leaves open a host of significant and complex questions, which may be, and have been, answered in a variety of ways; as difficult cases arise and demand solutions, they generate inconsistent outcomes. For all its remarkable success, the Convention has on occasion proved itself to be unreliable and unpredictable. This book simultaneously exposes the difficulties of the Convention and explores potential solutions. It examines each substantive article of the New York Convention in accordance with the following outline: • the text and its issues; • original intent; • the prism of the rules of interpretation of the Vienna Convention; • judicial outcomes; and • appraisal. By drawing on the Convention's drafting history in great detail, the book presents a coherent account of how the most frequently recurring interrogations about the text are reflected (or not) in judicial practice. The author studied more than 1,700 decisions rendered under the Convention since its inception in 1958 in order to provide a succinct selection of landmark cases per article. With its intense investigation of the complex reality underlying contracting States' commitment in principle and judicial application in fact, the author's judicial understanding of the Convention provides a clear conceptual framework that will help avoid outcomes at odds with the purposes of this important instrument. Lawyers and judges will rely on this book not only to situate the Convention in the national legal orders where it is intended to produce its effects, but also discover practical ways to respond to distinct questions of application.

The Law and Business of Litigation Finance

The Law and Business of Litigation Finance
Author: Steven Friel
Publisher: Bloomsbury Publishing
Total Pages: 497
Release: 2020-12-01
Genre: Law
ISBN: 152651527X

The Law and Business of Litigation Finance considers the international development of the law and practice of high value litigation and arbitration funding. It is an essential guide for those who provide or seek such funding, as well as for anyone who wishes to understand the litigation funding process and to avoid pitfalls. It answers questions such as: - How do litigation funders raise capital and how do they spend it? - What are their corporate and financial structures? - What type of cases do they invest in and what are their returns? - What are the key legal issues relating to litigation funding? The Law and Business of Litigation Finance assists various parties, including: - Those who do not have the resources or risk appetite to proceed in litigation or arbitration without financial support - Law firms who are interested in a significant business development opportunity, and fairer outcome for litigants - Insolvent estates, whose biggest assets are their potential claims - Judges, arbitrators and other neutral parties in funded dispute resolution cases - Regulators, legislators and policymakers in the fields of legal and financial services - Investors who seek high risk, high return opportunities The book is edited by one of the most accomplished litigation funders in the international market and has contributions from leading experts drawn from legal practice, financiers and academia. The focus is on the UK and the US, the two main centres for the international litigation funding industry, with reference to Australia, New Zealand and other select jurisdictions. As the first book on litigation finance to take an international, and particularly transatlantic, perspective, this is a must-have guide for all lawyers, commercial court judges, legal policy makers, regulators, investors, and academics in these jurisdictions.

International Commercial Arbitration in New York

International Commercial Arbitration in New York
Author: James H. Carter
Publisher: Oxford University Press
Total Pages: 725
Release: 2013
Genre: Language Arts & Disciplines
ISBN: 019993861X

International Commercial Arbitration in New York focuses on the distinctive aspects of international arbitration in New York. Serving as an essential strategic guide, this book allows practitioners to represent clients more effectively in cases where New York is implicated as either the place of arbitration or evidence or assets are located in New York. Each chapter elucidates a vital topic, including the existing New York legal landscape, drafting considerations for clauses designating New York as the place of arbitration, and material and advice on selecting arbitrators. The book also covers a series of topics at the intersection of arbitral process and the New York courts, including jurisdiction, enforcing arbitration agreements, and obtaining preliminary relief and discovery. Class action arbitration, challenging and enforcing arbitral awards, and biographical materials on New York-based international arbitrators is also included, making this a comprehensive, valuable resource for practitioners.

Business Law and Economics for Civil Law Systems

Business Law and Economics for Civil Law Systems
Author: Rousseau, StŽphane
Publisher: Edward Elgar Publishing
Total Pages: 392
Release: 2021-11-19
Genre: Law
ISBN: 1788118286

Business Law and Economics for Civil Law Systems highlights the relevance of economic analysis of business law from a civilian perspective. It integrates a comparative approach (common law and civil law) to economic analysis using tools and illustrations to assist in conducting critical economic analysis of rules in the field of business law. This book is a valuable contribution to the reflection on the place and meaning of value creation and accountability as goals for business law. It will be of great value to academics interested in business law, competition law, comparative law and legal theory, students studying law, business and economics, and to policy makers and regulators.

American Indian Business

American Indian Business
Author: Deanna M. Kennedy
Publisher: University of Washington Press
Total Pages: 249
Release: 2017-09-26
Genre: Business & Economics
ISBN: 0295742100

American Indian business is booming. The number of American Indian– and Alaska Native–owned businesses increased by 15.3 percent from 2007 to 2012—a time when the total number of US businesses increased by just 2 percent—and receipts grew from $34.4 million in 2002 to $8.8 billion in 2012. Despite this impressive growth, there is an absence of small businesses on reservations, and Native Americans own private businesses at the lowest rate per capita for any ethnic or racial group in the United States. Many Indigenous entrepreneurs face unique cultural and practical challenges in starting, locating, and operating a business, from a perceived lack of a culture of entrepreneurship and a suspicion of capitalism to the difficulty of borrowing start-up funds when real estate is held in trust and cannot be used as collateral. This book provides an accessible introduction to American Indian businesses, business practices, and business education. Its chapters cover the history of American Indian business from early trading posts to today’s casino boom; economic sustainability, self-determination, and sovereignty; organization and management; marketing; leadership; human resource management; tribal finance; business strategy and positioning; American Indian business law; tribal gaming operations; the importance of economic development and the challenges of economic leakage; entrepreneurship; technology and data management; business ethics; service management; taxation; accounting; and health-care management. American Indian Business also furthers the inclusion of Indigenous perspectives in the study of American business practices in general and demonstrates the significant impact that American Indians have had on business, as well as their cultural contributions to management, leadership, marketing, economic development, and entrepreneurship.

Managing 'Belt and Road' Business Disputes

Managing 'Belt and Road' Business Disputes
Author: Michael Moser
Publisher: Kluwer Law International B.V.
Total Pages: 460
Release: 2021-04-07
Genre: Law
ISBN: 9403519347

This book is a follow-up to the comprehensive Managing Business Disputes in Today’s China: Duelling with Dragons (2007) guide on foreign direct investment disputes that can arise in the course of initiating and operating a Chinese joint venture. Since its inauguration by the Chinese government in 2013, the ‘Belt and Road Initiative’ (BRI) has included projects in more than 70 countries spanning diverse economic and legal environments. The nature of the BRI coupled with the economic downturn as a result of the COVID-19 pandemic will inevitably generate more challenges than ever. Like its predecessor, this book poses a hypothetical scenario in order to explore the potential issues that may arise from Chinese-foreign business relationships in the BRI context. After setting the scene with the ‘Afrina Government’s’ ill-fated infrastructure project involving Chinese and foreign parties, subsequent chapters provide comprehensive insight on and highlight the following issues that one must consider when dealing with BRI disputes: dispute settlement options; informal dispute settlement approaches; disputes involving Chinese State-Owned Enterprises; construction and project finance disputes; corruption and bribery; sanctions; environmental issues. This book will provide extensive guidance from seasoned practitioners on the legal and practical issues of disputes that arise from engaging with Chinese companies doing business outside China in the context of BRI projects.