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التحكيم كوسيلة بديلة عن القضاء لحل النزاع = Arbitration as an alternative means to the judiciary to resolve disputes
تعتبر دراسة التحكيم من أهم المواضيع القانونية في الوقت الراهن تزامناً مع انتشار الشركات والتعاون الإلكتروني فيما بينها العابر للحدود، مما يتطلب ذلك السرعة في حل النزاعات بينهم واستخدام وسائل اتفاقية أسهل بعيداً عن القضاء، ولا يتوقف التحكيم لحل النزاعات التجارية فق بل يمتـد أيضاً لحل النزاعات المدنية والإدارية
Territorial Rights
The question of who is entitled to exercise jurisdiction over which land is of fundamental theoretical and practical importance. It has, however, been neglected by contemporary political philosophers. In her thoughtful and stimulating work, Territorial Rights, Tamar Meisels provides a much needed analysis of the normative issues involved. Territorial Rights is a comprehensive, rigorous and illuminating analysis. It provides both an evaluation of competing philosophical perspectives and a defence of a liberal nationalist perspective on territory. In doing so it includes instructive discussions of the implications of Locke's political thought for territorial rights, and the continuing relevance of historic injustices. It would be of interest to anyone interested in questions of territorial rights.
Public services in EU trade and investment agreements
examines the impact of EU trade and investment agreements on public services, a topic that continues to be the subject of heated political debate. It surveys a broad range of EU agreements and provides a comprehensive, up-to-date analysis of the rules and disciplines of such agreements that can affect the provision of public services. will be of keen interest to legal scholars and students specialising in EU and/or international economic law together with national and international policy-makers.
Public Actors in International Investment Law
Traditional studies on actors in international investment law have tended to concentrate on arbitrators, claimant investors and respondent states. Yet this focus on the “principal” players in investment dispute settlement has allowed a number of other seminal actors to be neglected. This book seeks to redress this imbalance by turning the spotlight on the latter.
Procedures in International Law
Containing a synopsis of national bases of jurisdication (one of the first of its kind) international law is presented here through litigation. Legal procedures determine what the law is. The great variety of procedures which determine international law including diplomatic means are comprehensively examined. This perspective is original and helps to explain foreign policy expediences and conflicting prescriptive rules. Written as an academic study the book is also meant to benefit those practising in the field.
New Voices and New Perspectives in International Economic Law
brings together a series of contributions by international legal scholars that explore a range of subjects and themes in the field of international economic law and global economic governance through a variety of methodological and theoretical lenses. It introduces the reader to a number of different ways of constructing and approaching the study of international economic law. deals with a series of different theoretical agendas and perspectives ranging from the more traditional (empirical legal studies) to the more alternative (language theory) and it expands the scope of substantive discussion and thematic coverage beyond the usual suspects of international trade, international investment and international finance.
National security exceptions in international trade and investment agreements : Justiciability and standards of review
provides a comprehensive analysis of national security exceptions in international trade and investment agreements. The subject has gained particular relevance in the past few years, as both the United States and the Russian Federation have invoked national security as justification for trade-restrictive measures in the context of WTO dispute settlement proceedings. describes the evolution of security exceptions in international economic law, from the GATT 1947 to the most recent economic treaties, such as the 2017 Buenos Aires Protocol for Intra-Mercosur Investment and the 2018 USMCA.
Methodology of Uniform Contract Law : The UNIDROIT Principles in International Legal Doctrine and Practice
In this book, the author examines uniform contract law comprehensively in all relevant areas of legal doctrine and practice and considers the barriers which exist toward it in modern nation states, namely in the German and English legal systems. She suggests ways in which these barriers can be overcome and develops an autonomous methodology of interpretation of transnational contract principles. The author wants to encourage the use of existing uniform transnational law rules, such as the UNIDROIT Principles of International Commercial Contracts, which are analysed here as an example.
Mediation in Collective Labor Conflicts
This book opens up the black box of mediation in collective conflicts through the analyses and comparisons of various systems. Mediation and related third party interventions such as conciliation and facilitation are discussed as effective prevention and regulation tools for different types of collective labor conflicts. These interventions fit in a new developed five-phase model of collective conflicts in organizations, going from capacity building in latent conflicts, through conciliation, mediation and arbitration in escalating phases, to rebuilding of trust after hot conflicts. The book regards to labor mediation systems, presenting comparative research on the perspectives of mediators and
Investor-State Dispute Settlement and National Courts : Current Framework and Reform Options
This book examines the multiple intersections between national and international courts in the field of investment protection, and suggests possible modes for regulating future jurisdictional interactions between domestic courts and international tribunals.
International commercial arbitration
International Commercial Arbitration is an authoritative 4,250 page treatise, in three volumes, providing the most comprehensive commentary and analysis, on all aspects of the international commercial arbitration process that is available. The Third Edition of International Commercial Arbitration has been comprehensively revised, expanded and updated, To include all legislative, judicial and arbitral authorities.
Insurance distribution directive : A legal analysis
This book of the AIDA Europe Research Series on Insurance Law and Regulation offers the first comprehensive legal and regulatory analysis of the Insurance Distribution Directive (IDD).
From Bilateral Arbitral Tribunals and Investment Courts to a Multilateral Investment Court : Options Regarding the Institutionalization of Investor-State Dispute Settlement
This book considers the potential setup for a future Multilateral Investment Court (MIC). The option of an MIC was first discussed by the EU Commission in 2016 and has since been made an official element of the EU Common Commercial Policy. In 2017, UNCITRAL also decided to discuss the possibility of an MIC, and on 20 March 2018, the Council of the EU gave the EU Commission the mandate to negotiate the creation of an MIC. The “feasibility study” presented here is intended to contribute to a broader discussion on the options for a new international court specialized in investment protection.
Foreign Investor Misconduct in International Investment Law
examines the issue of foreign investor misconduct in modern international investment law, focusing on the approach that international investment law as it currently operates has developed towards foreign investor misconduct. The term ‘misconduct’ is not a legal notion, but is used to describe a certain phenomenon, namely, a group/class of actions. This term is convenient since it makes it possible to introduce and describe the phenomenon as such, without a division into concrete types of conduct, like ‘abuse of process’, ‘violation of national law’, ‘corruption’, ‘investment contrary to international norms and standards’, etc.
EU External Action in International Economic Law : Recent Trends and Developments
The topic of the external action of the EU within international economic law, with a special focus on investment law. The aim of the volume is to provide the reader with an appraisal of the most recent trends and developments that have characterised a field that has been rapidly evolving and in which the EU has imposed itself as a leading actor.
CSR and Codes of Business Ethics in the USA, Austria (EU) and China and their Enforcement in International Supply Chain Arbitrations
Analyzes the implementation of CSR reporting and codes of business conduct and ethics in the legal systems of the USA, Austria and China and their enforcement in international supply chain arbitrations. demonstrates that long-term profit maximization is increasingly intertwined with corporate ethics and CSR policies. In order to prevent window-dressing and greenwashing, certain control mechanisms and legal standards are required along the entire supply chain.
Conflict prevention in project management : Strategies, methods, checklists, and case studies
This handbook is about the handling of external conflicts in international technical projects written for Project Managers and Engineers, Sales Managers, Executives and Legal Managers as seen from the client's as well as from the contractor's side. It is also for students seeking to become leaders in these disciplines and not to reproduce mistakes that others have made before them. The book does not try to give legal advice, but it helps engineers and project managers how to plan and execute their project in order to avoid major conflicts during the project.
Jurisdiction and arbitration agreements in international commercial law
This book offers a comprehensive study of the prerequisites, effectiveness, and enforcement of exclusive jurisdiction and arbitration agreements in international dispute resolution. It examines whether jurisdiction and arbitration clauses have identical effects in private international law and whether they have been or should be given the same treatment by most countries in the world. The book considers whether the Hague Convention on Choice of Court Agreements could be treated as a litigating counterpart to the New York Convention.
Civil jurisdiction and judgments
States, analyses, illuminates and evaluates the law of civil jurisdiction and the enforcement of foreign judgments in English law, with this new edition taking into account the implications of the new Brussels I Regulation recast, Regulation (EU) 1215/2012, as well as the great number of developments in the case law which have taken place since 2009. This book looks in detail at: the jurisdictional rules put in place by the (recast) Brussels I Regulation; the common law rules of jurisdiction.
Acquiring card payments
Covers: Payment cards and protocols / EMV contact chip and contactless transactions / Disputes, arbitration, and compliance / Data security standards in the payment card industry / Validation algorithms / Code tables / Basic cryptography / Pin block formats and algorithms
