Third Parties in International Law
Author: C. M. Chinkin
Publisher: Oxford University Press, USA
Published: 1993
Total Pages: 440
ISBN-13:
DOWNLOAD EBOOKThis title exlores the role of third parties in international legal contexts.--
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Author: C. M. Chinkin
Publisher: Oxford University Press, USA
Published: 1993
Total Pages: 440
ISBN-13:
DOWNLOAD EBOOKThis title exlores the role of third parties in international legal contexts.--
Author: C. M. Chinkin
Publisher:
Published: 1993
Total Pages: 385
ISBN-13: 9780191819612
DOWNLOAD EBOOKThis title exlores the role of third parties in international legal contexts.
Author: Sir Ronald Roxburgh
Publisher: London : Longmans, Green
Published: 1917
Total Pages: 144
ISBN-13:
DOWNLOAD EBOOKAuthor: Moshe Hirsch
Publisher: Martinus Nijhoff Publishers
Published: 1995-01-01
Total Pages: 242
ISBN-13: 9780792332862
DOWNLOAD EBOOKFocuses on the fundamental principles of the international responsibility of intergovernmental organizations towards third parties.
Author: Maximilian Pika
Publisher: Kluwer Law International B.V.
Published: 2019-07-11
Total Pages: 637
ISBN-13: 9403512652
DOWNLOAD EBOOKThe specialization and financial demand of global business render international transactions inherently multilateral and thus best effected through arbitration agreements. However, it often happens that – for various reasons, such as a debtor’s failure to pay damages ordered by an arbitral tribunal – third parties who did not consent to the original arbitration enter the scene. This is the first book to examine the binding effects of international commercial arbitral awards in follow-up disputes against third parties. It comprehensively analyses arbitral awards’ third-party effects under national arbitration laws, the New York Convention and private international law. Moreover, it proposes solutions under transnational law before both courts and arbitral tribunals. Applying a continuously comparative methodology that refers to specific statutory, jurisprudential and scholarly sources, this book explores the nature and implications of such aspects of third-party involvement as the following: the foundations of the doctrine of res judicata and its intrinsic connection to other tools of forum coordination; the distinction between res judicata before courts on the one hand and arbitral tribunals on the other; the application of non-mutual preclusion in favour of third parties; the potential for arbitral awards to constitute a fact in follow-up disputes; a comparison of rules and uncertainties on awards’ third-party effects under various national arbitration acts; preclusion agreements; the arbitration agreement’s scope; and judgments’ third-party effects as a shift of the participatory burden. For civil law, the author focuses on France and Switzerland (as predominant arbitral seats) and on Germany (as a Model Law example). Among common-law countries, he concentrates on England and Wales and on the United States. Statutory sources (with specific wording), leading cases and summaries of the most important scholarly discussions are all invoked. With its clear guidelines for matters currently not addressed in previous publications and likely to be raised in specific cases, this book will prove to be of immeasurable value for arbitration practitioners and academics in any jurisdiction. Business parties that seek to prevent contradicting decisions in multilateral transactions will appreciate the practically feasible alternatives it presents in the event of follow-up disputes involving third parties.
Author: Lisa Bench Nieuwveld
Publisher: Kluwer Law International B.V.
Published: 2016-04-24
Total Pages: 363
ISBN-13: 9041161120
DOWNLOAD EBOOKSince the first edition of this invaluable book in 2012, third-party funding has become more mainstream in international arbitration practice. However, since even the existence of a third-party funding agreement in a dispute is often kept secret, it can be difficult to glean the specifics of successful funding agreements. This welcome book, now updated, expertly reveals the nuances of third-party funding in international arbitration, examines the phenomenon in key jurisdictions, and provides a reliable resource for users and potential users that may wish to tap into and make use of this distinctive funding tool. Focusing on Australia, the United Kingdom, the United States, Germany, the Netherlands, Canada, and South Africa, the authors analyze and assess the legal regime based upon legislation, judicial opinions, ethics opinions, and practitioner anecdotes describing the state of third-party funding in each jurisdiction. In addition to updating summaries of the law of the various jurisdictions, the second edition includes a new chapter addressing third-party funding in investor-state arbitration. Among the issues raised and examined are the following: · payment of adverse costs; · “Before-the-Event” (BTE) and “After-the-Event” (ATE) insurance; · attorney financing: pro bono representation, contingency representation, conditional fee arrangements; · loans; · ethical doctrines affecting the third-party funding industry; · possible future bundling, securitization, and trading of legal claims; · risk that the funder may put its own interests ahead of the client’s interests; and · whether the existence of a funding agreement must or should be disclosed to the decision maker. The second edition also includes discussion of recent institutional developments as they relate to third-party funding, including the work of the ICCA-Queen Mary Task Force on Third-Party Funding and how third-party funding is being incorporated into arbitral rules and investment treaties. Ably providing a thorough understanding of what third-party funding entails and what legal parameters exist, this book will be of compelling interest to parties aiming to take advantage of the high values, speed, reduced evidentiary costs, outcome predictability, industry expertise, and high award enforceability characteristic of the third-party funding arrangements available in international arbitration.
Author: Christine Mary Chinkin
Publisher:
Published: 1989
Total Pages: 1168
ISBN-13:
DOWNLOAD EBOOKAuthor: Stavros Brekoulakis
Publisher: OUP Oxford
Published: 2010-12-23
Total Pages: 0
ISBN-13: 9780199572083
DOWNLOAD EBOOKThird Parties in International Commercial Arbitration addresses the role and the interests of third parties in international arbitration. Through a clear overview and in-depth critical commentary, the book explores existing case law and its related academic literature as well as offering an insight into more practical concerns.
Author: Martin Dawidowicz
Publisher: Cambridge University Press
Published: 2017-06-01
Total Pages: 463
ISBN-13: 1108179371
DOWNLOAD EBOOKThe use of third-party countermeasures is an increasingly common phenomenon in international relations, yet their legal position remains uncertain. Providing the first systematic and comprehensive study of this key concept in international law, Martin Dawidowicz explores the position of third-party countermeasures and their safeguards regime based on the development of ideas on countermeasures in the UN International Law Commission and a thorough examination of state practice. The book clarifies the position of third-party countermeasures in international law, and in doing so challenges some widely held assumptions about the likely impact of a regime of third-party countermeasures on international relations. It will be of interest to international law and relations scholars and students, diplomats, policy makers, international civil servants and non-governmental organisations (NGOs) in the field of human rights.
Author: Jonas von Goeler
Publisher:
Published: 2016
Total Pages: 0
ISBN-13: 9789041150158
DOWNLOAD EBOOKIntroduction --The Various Forms of Third-Party Funding in International Arbitration --Litigation Funding in International Arbitration --Disclosure of Third-Party Funding in International Arbitration Proceedings --Privilege Protection of Documentary Evidence and Third-Party Funding --Jurisdictional Issues and Third-Party Funding --Impartiality and Independence of Arbitrators and Third-Party Funding --Confidentiality in International Arbitration Proceedings and Third-Party Funding --Security for Costs and Third-Party Funding --Awarding of Costs and Third-Party Funding --Summary of Part I and Part II --Concluding Remarks.