Results 261 to 270 of about 259,295 (303)
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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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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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2022
Article 7 EIR deals with the law applicable to insolvency proceedings and their effects in the Member State within the territory of which such proceedings are opened. It refers to the law of the State of the opening of proceedings that determines the conditions for the opening, conduct, and closure of those proceedings.
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Article 7 EIR deals with the law applicable to insolvency proceedings and their effects in the Member State within the territory of which such proceedings are opened. It refers to the law of the State of the opening of proceedings that determines the conditions for the opening, conduct, and closure of those proceedings.
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2015
Abstract The Rome I Regulation contains rules that specify the ‘applicable law’ for determining the rights and duties of parties to the majority of contractual obligations in civil and commercial matters in situations that involve a conflict of laws.
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Abstract The Rome I Regulation contains rules that specify the ‘applicable law’ for determining the rights and duties of parties to the majority of contractual obligations in civil and commercial matters in situations that involve a conflict of laws.
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Applicable Law in International Investment Arbitration
2023Andrea K Bjorklund, Lukas Vanhonnaeker
exaly
2002
Abstract Historically, the question of applicable law has not caused many problems in relation to marketplaces, since the auction and/or exchange have been geographica11y limited with all participating parties being physically present at the place where the deals are made.
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Abstract Historically, the question of applicable law has not caused many problems in relation to marketplaces, since the auction and/or exchange have been geographica11y limited with all participating parties being physically present at the place where the deals are made.
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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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