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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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