The Indirect Claims
Author : United States
Publisher :
Page : 144 pages
File Size : 22,40 MB
Release : 1872
Category : Alabama claims
ISBN :
Author : United States
Publisher :
Page : 144 pages
File Size : 22,40 MB
Release : 1872
Category : Alabama claims
ISBN :
Author : Gabriel Bottini
Publisher :
Page : 335 pages
File Size : 39,77 MB
Release : 2020
Category :
ISBN : 9781108714730
This book addresses a growing problem in international law: overlapping claims before national and international jurisdictions. Its contribution is, first, to revisit two pillars of investment arbitration, i.e., shareholders' standing to claim for harm to the company's assets and the contract/treaty claims distinction. These two ideas advance interrelated (and questionable) notions of independence: firstly, independence of shareholder treaty rights in respect of the local company's national law rights and, secondly, independence of treaty claims in respect of national law claims. By uncritically endorsing shareholder standing in indirect claims and the distinctiveness of treaty claims, investment tribunals have overlooked substantive overlaps between contract and treaty claims. The book also proposes specific admissibility criteria. As opposed to strictly jurisdictional approaches to claim overlap, the admissibility approach allows consideration of a broader range of legal reasons, such as risks of multiple recovery and prejudice to third parties.
Author : Zachary Douglas
Publisher : Cambridge University Press
Page : 685 pages
File Size : 25,80 MB
Release : 2009-06-11
Category : Business & Economics
ISBN : 0521855675
This book is a codification of the principles and rules relating to the prosecution of investment claims.
Author : Lukas Vanhonnaeker
Publisher : Cambridge University Press
Page : 0 pages
File Size : 39,34 MB
Release : 2022-08-11
Category : Law
ISBN : 9781108746526
In recent years, investor-state tribunals have often permitted shareholders' claims for reflective loss despite the well-established principle of no reflective loss applied consistently in domestic regimes and in other fields of international law. Investment tribunals have justified their decisions by relying on definitions of 'investment' in investment agreements that often include 'shares', while the no-reflective-loss principle is generally justified on the basis of policy considerations pertaining to the preservation of the efficiency of the adjudicatory process and to the protection of other stakeholders, such as creditors. Although these policy considerations militating for the prohibition of shareholders' claims for reflective loss also apply in investor-state arbitration, they are curable in that context and must be balanced with policy considerations specific to the field of international investment law that weigh in favor of such claims: the protection of foreign investors in order to promote trade and investment liberalization.
Author : American Bar Association. House of Delegates
Publisher : American Bar Association
Page : 216 pages
File Size : 30,60 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 : Charles N. Brower
Publisher : BRILL
Page : 953 pages
File Size : 46,54 MB
Release : 2023-12-28
Category : Law
ISBN : 9004195149
The Iran-United States Claims Tribunal is arguably the most significant arbitral institution of the twentieth century. Although the completion of its last few cases could take a long time, the Tribunal's impressive work must be made available now as a guide to the resolution of ongoing disputes and for future tribunals. The Tribunal has, by this point, disposed of well over 98 percent of its caseload. Little more remains for its participants to learn, but the Tribunal shows no signs of fading away. Both of the two States Parties, for different reasons, see greater advantage in the Tribunal's prolongation than in its elimination. The authors have succeeded in dealing with all of the most deserving Tribunal subjects. Moreover, their intimate involvement in and knowledge of the Tribunal ensure that their book is a fascinating, important, and indispensable contribution to the literature of International Law. This is a definitive book on a monumental event in the law and in history at the close of a century. The Iran-United States Claims Tribunal was awarded the ASIL Certificate of Merit.
Author : United States. Congress. House. Committee on the Judiciary
Publisher :
Page : 64 pages
File Size : 33,26 MB
Release : 1876
Category : Alabama claims
ISBN :
Author : Charles Nelson Brower
Publisher : Martinus Nijhoff Publishers
Page : 958 pages
File Size : 37,29 MB
Release : 1998-02-12
Category : Law
ISBN : 9789041106278
The Iran-United States Claims Tribunal is arguably the most significant arbitral institution of the twentieth century. Although the completion of its last few cases could take a long time, the Tribunal's impressive work must be made available now as a guide to the resolution of ongoing disputes and for future tribunals. The Tribunal has, by this point, disposed of well over 98 percent of its caseload. Little more remains for its participants to learn, but the Tribunal shows no signs of fading away. Both of the two States Parties, for different reasons, see greater advantage in the Tribunal's prolongation than in its elimination. The authors have succeeded in dealing with all of the most deserving Tribunal subjects. Moreover, their intimate involvement in and knowledge of the Tribunal ensure that their book is a fascinating, important, and indispensable contribution to the literature of International Law. This is a definitive book on a monumental event in the law and in history at the close of a century. "The Iran-United States Claims Tribunal" was awarded the ASIL Certificate of Merit.
Author : Merkin, Rob
Publisher : Edward Elgar Publishing
Page : 1538 pages
File Size : 25,43 MB
Release : 2021-11-30
Category : Law
ISBN : 1788116755
This authoritative work forms a comprehensive examination of the legal and historical context of marine insurance, providing a detailed overview of the events and factors leading to its codification in the Marine Insurance Act 1906. It investigates the development of the legal principles and case law that underpin the Act to reveal how successful this codification truly was, and to demonstrate how these historical precedents remain relevant to marine insurance law to this day.
Author : United States. Federal Trade Commission. Bureau of Consumer Protection
Publisher :
Page : 32 pages
File Size : 11,21 MB
Release : 1998
Category : Advertising
ISBN :