Author : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Administrative Oversight and the Courts
Publisher :
Page : 132 pages
File Size : 49,80 MB
Release : 2001
Category : Arbitration and award
ISBN :
Author : MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.)
Publisher :
Page : 180 pages
File Size : 18,14 MB
Release : 2019-09-27
Category :
ISBN : 9781680923025
A less-expensive grayscale paperback version is available. Search for ISBN 9781680923018. Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions. Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches.
Author : Neil Kaplan
Publisher : Kluwer Law International B.V.
Page : 552 pages
File Size : 10,7 MB
Release : 2016-04-24
Category : Law
ISBN : 9041186387
The distinguished international lawyer Michael Pryles, who launched a meteoric career as an arbitrator after many years of teaching and writing on conflicts of law and other topics, has made a mark on arbitral law and practice that is recognized worldwide. In this book, over forty prominent arbitrators and arbitration scholars offer insightful essays on the thorny matters of jurisdiction, admissibility and choice of law in arbitration – topics which have long interested Professor Pryles and are of wide interest. Among the specific issues and topics examined are the following: • res judicata; • investment arbitration; • free trade agreements; • party autonomy; • application of provisional measures; • issue estoppel; • evidentiary inferences; • interim measures; • emergency and default proceedings; • the intersection of financing and jurisdiction; • consolidation of cases; and • non-contractual claims. Remarkable for its roster of highly distinguished contributors, this book is the only in-depth treatment of its subject. By turns thought-provoking and practical, it is bound to appeal to and be put to use by arbitrators and other lawyers who handle international cases. It will also prove of great value to global law firms and companies doing transnational business.
Author : Emilia Onyema
Publisher :
Page : 257 pages
File Size : 35,25 MB
Release : 2010
Category : Business & Economics
ISBN : 0415492785
This book examines the formation, nature and effect of the arbitratorsâe(tm) contract, addressing topics such as the appointment, challenge, removal and duties and rights of arbitrators, disputing parties and arbitration institutions. The arguments made in the book are based on a semi-autonomous theory of the juridical nature of international arbitration and a contractual theory of the legal nature of these relationships. From these premises, the book analyses the formation of the arbitratorâe(tm)s contract in both ad hoc and institutional references. It also examines the institutionâe(tm)s contract with the disputing parties and its effect on the arbitratorâe(tm)s contract under institutional references. The book draws from national arbitration laws and institutional rules in various jurisdictions to give a global view of the issues examined in it. The arbitratorâe(tm)s contract is analysed from a global perspective of arbitral law and practice with insights from various jurisdictions in Africa, Asia, Europe, North and South America. The primary focus of the book is an analysis of the formation of the arbitratorâe(tm)s contract and the terms of this contract and the institutionâe(tm)s contract. The primary question of the consequences (if any) of the breaches of the terms of these contracts and its impact on the exclusion or limitation of liability of arbitrators and institutions is also analysed with the conclusion that since these transactions are contractual and the terms can be categorised as in any normal contract, then normal contractual remedies can be applied to the breaches of these terms. International Commercial Arbitration and the Arbitratorâe(tm)s Contract will be of great value to arbitration practitioners and researchers in arbitration. It will also be very useful to students of arbitration on the topics of arbitrators and arbitration institution.
Author : Michael L. Moffitt
Publisher : John Wiley & Sons
Page : 580 pages
File Size : 44,37 MB
Release : 2012-06-28
Category : Law
ISBN : 1118429834
This volume is an essential, cutting-edge reference for all practitioners, students, and teachers in the field of dispute resolution. Each chapter was written specifically for this collection and has never before been published. The contributors--drawn from a wide range of academic disciplines--contains many of the most prominent names in dispute resolution today, including Frank E. A. Sander, Carrie Menkel-Meadow, Bruce Patton, Lawrence Susskind, Ethan Katsh, Deborah Kolb, and Max Bazerman. The Handbook of Dispute Resolution contains the most current thinking about dispute resolution. It synthesizes more than thirty years of research into cogent, practitioner-focused chapters that assume no previous background in the field. At the same time, the book offers path-breaking research and theory that will interest those who have been immersed in the study or practice of dispute resolution for years. The Handbook also offers insights on how to understand disputants. It explores how personality factors, emotions, concerns about identity, relationship dynamics, and perceptions contribute to the escalation of disputes. The volume also explains some of the lessons available from viewing disputes through the lens of gender and cultural differences.
Author : Paul Carrington
Publisher : NYU Press
Page : 440 pages
File Size : 50,19 MB
Release : 2006-06
Category : Law
ISBN : 0814716547
In Law and Class in America, a group of leading legal scholars reflect on the state of the law from the end of the Cold War to the present, grappling with a central question posed to them by Paul D. Carrington and Trina Jones: have recent legal reforms exacerbated class differences in America? In a substantive introduction, Carrington and Jones assert that legal changes from the late-20th century onward have been increasingly elitist and unconcerned with the lives of poor people having little access to the legal system. Contributors use this position as a springboard to review developments in their own particular fields and to assess whether or not legal decisions and processes have contributed to a widening gap between privileged and unprivileged people in this country. From antitrust and bankruptcy to tax and election law, the essays in this unique volume invite readers to reflect thoughtfully on socio-economic justice in the new century, and suggest that a lack of progressive reform in all areas of law may herald a form of undiagnosed class dominance reminiscent of America's Gilded Age. Contributors: Margaret A. Berger, M. Gregg Bloche, David L. Callies, Paul D. Carrington, Paul Y. K. Castle, Lance Compa, James D. Cox, Paula A. Franzese, Marc Galanter, Julius G. Getman, Lawrence O. Gostin, Joel F. Handler, Trina Jones, Thomas E. Kauper, Sanford Levinson, John Linehan, Joseph D. McNamara, Burt Neuborne, Jeffrey O'Connell, Judith Resnik, Richard L. Schmalbeck, Danielle Sarah Seiden, Richard E. Speidel, Gerald Torres, David M. Trubek, Elizabeth Warren, and Lawrence A. Zelenak.
Author : American Bar Association. House of Delegates
Publisher : American Bar Association
Page : 216 pages
File Size : 47,5 MB
Release : 2007
Category : 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 : Brian T. Fitzpatrick
Publisher : University of Chicago Press
Page : 283 pages
File Size : 21,41 MB
Release : 2019-11-01
Category : Law
ISBN : 022665933X
Since the 1960s, the class action lawsuit has been a powerful tool for holding businesses accountable. Yet years of attacks by corporate America and unfavorable rulings by the Supreme Court have left its future uncertain. In this book, Brian T. Fitzpatrick makes the case for the importance of class action litigation from a surprising political perspective: an unabashedly conservative point of view. Conservatives have opposed class actions in recent years, but Fitzpatrick argues that they should see such litigation not as a danger to the economy, but as a form of private enforcement of the law. He starts from the premise that all of us, conservatives and libertarians included, believe that markets need at least some rules to thrive, from laws that enforce contracts to laws that prevent companies from committing fraud. He also reminds us that conservatives consider the private sector to be superior to the government in most areas. And the relatively little-discussed intersection of those two beliefs is where the benefits of class action lawsuits become clear: when corporations commit misdeeds, class action lawsuits enlist the private sector to intervene, resulting in a smaller role for the government, lower taxes, and, ultimately, more effective solutions. Offering a novel argument that will surprise partisans on all sides, The Conservative Case for Class Actions is sure to breathe new life into this long-running debate.
Author : Neil Andrews
Publisher : Springer
Page : 347 pages
File Size : 50,19 MB
Release : 2016-04-18
Category : Law
ISBN : 331927144X
This book deals with the contractual platform for arbitration and the application of contractual norms to the parties' dispute. Arbitration and agreement are inter-linked in three respects: (i) the agreement to arbitrate is itself a contract; (ii) there is scope (subject to clear consensual exclusion) in England for monitoring the arbitral tribunal's fidelity and accuracy in applying substantive English contract law; (iii) the subject-matter of the arbitration is nearly always a ‘contractual’ matter. These three elements underlie this work. They appear as Part I (arbitration is founded on agreement), Part II (monitoring accuracy), Part III (synopsis of the English contractual rules frequently encountered within arbitration). The book will be a useful resource to foreign lawyers or English non-lawyers, English lawyers seeking a succinct discussion, and to arbitral tribunals.
Author : United States. National Labor Relations Board. Office of the General Counsel
Publisher : U.S. Government Printing Office
Page : 68 pages
File Size : 49,67 MB
Release : 1997
Category : Law
ISBN :
