Results 211 to 220 of about 196,511 (235)
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2019
Abstract This chapter considers the laws that are applicable to expropriation in investment treaty arbitration, including international law. It begins with a discussion of the local law of the host State on expropriation, which offers constitutional protections with regard to property rights, the circumstances in which expropriation is ...
Mark Brealey, Kyla George
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Abstract This chapter considers the laws that are applicable to expropriation in investment treaty arbitration, including international law. It begins with a discussion of the local law of the host State on expropriation, which offers constitutional protections with regard to property rights, the circumstances in which expropriation is ...
Mark Brealey, Kyla George
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2022
Abstract This chapter explains which laws should a jurisdiction court apply in particular circumstances amidst cross-border proceedings. It also notes the general rule and application in applying the law of another Member State while also covering the exceptions, rationales, and commonalities of the law governing insolvency proceedings ...
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Abstract This chapter explains which laws should a jurisdiction court apply in particular circumstances amidst cross-border proceedings. It also notes the general rule and application in applying the law of another Member State while also covering the exceptions, rationales, and commonalities of the law governing insolvency proceedings ...
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2015
Abstract This chapter analyses the different applicable laws that govern international arbitration. International arbitration, unlike its domestic counterpart, usually involves more than one system of law or of legal rules. It identifies five different systems of law that may have a bearing on an international arbitration in practice ...
Nigel Blackaby +3 more
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Abstract This chapter analyses the different applicable laws that govern international arbitration. International arbitration, unlike its domestic counterpart, usually involves more than one system of law or of legal rules. It identifies five different systems of law that may have a bearing on an international arbitration in practice ...
Nigel Blackaby +3 more
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2012
Abstract This chapter analyses the development of the relationship between different systems and rules of law as the applicable law of an investment dispute. Section 1 identifies some aspects of the procedural framework in which arbitral tribunals find themselves, notably the jura novit curia principle.
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Abstract This chapter analyses the development of the relationship between different systems and rules of law as the applicable law of an investment dispute. Section 1 identifies some aspects of the procedural framework in which arbitral tribunals find themselves, notably the jura novit curia principle.
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2016
AbstractThis chapter discusses which law a court with jurisdiction over cross-border insolvency proceedings (whether they constitute main proceedings or secondary proceedings) should apply in particular sets of circumstances. The general rule is that the law of the State in which the proceedings have been opened (lex fori concursus) should be the law ...
Reinhard Bork, Renato Mangano
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AbstractThis chapter discusses which law a court with jurisdiction over cross-border insolvency proceedings (whether they constitute main proceedings or secondary proceedings) should apply in particular sets of circumstances. The general rule is that the law of the State in which the proceedings have been opened (lex fori concursus) should be the law ...
Reinhard Bork, Renato Mangano
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2017
Abstract This chapter focuses on the choice and enforcement of applicable law in arbitration agreements. In international arbitration cases, Article V(1)(a) of the New York Convention provides that the validity of an arbitration agreement should be first determined under the law to which the parties have subjected it or, failing any ...
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Abstract This chapter focuses on the choice and enforcement of applicable law in arbitration agreements. In international arbitration cases, Article V(1)(a) of the New York Convention provides that the validity of an arbitration agreement should be first determined under the law to which the parties have subjected it or, failing any ...
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Infringement: The applicable law
1998Abstract In this chapter, the law applicable to infringement will be examined. But first, something needs to be said about how questions as to the applicable law arise.Such questions arise when the facts of the case involve a relevant foreign element and the substantive law of each country is different.
James J Fawcett, Paul Torremans
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Applicable law/Droit applicable
2016Abstract This chapter comments on Article 21 of the Rome Statute of the International Criminal Court. Article 21 is an important innovation since none of the previous statutes of international criminal tribunals has contained a provision dealing with ‘applicable law’.
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