Between Interests and Law

Between Interests and Law

Author: Thomas Hale

Publisher: Cambridge University Press

Published: 2015-08-07

Total Pages: 431

ISBN-13: 1316033392

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We could not have a global economy without a system to resolve commercial disputes across borders, but the international regime that performs this key role bears little resemblance to other institutions underpinning the global economy. A hybrid of private arbitral institutions, international treaties, and domestic laws and courts, the regime for commercial dispute resolution shows that effective transborder institutions can take a variety of forms. This book offers the first comprehensive social scientific account of this surprisingly effective regime. It maps and explains its evolution since the Industrial Revolution, both at the global level and in the United States, Argentina, and China. The book shows how both political economy approaches and socio-legal theories have shaped institutional outcomes. While economic interests have been the chief determinants, legal processes have played a key role in shaping the form institutions take. The regime for commercial dispute resolution therefore remains between interests and law.


Yearbook

Yearbook

Author: United Nations Commission on International Trade Law

Publisher:

Published: 2006

Total Pages: 460

ISBN-13:

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Arbitration in Argentina

Arbitration in Argentina

Author: Fabricio Fortese

Publisher: Kluwer Law International B.V.

Published: 2020-11-17

Total Pages: 742

ISBN-13: 9403514302

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This publication is the most comprehensive international book on arbitration in Argentina. It provides a complete description and analysis of the historical and contemporary structure of arbitration law and practice in the country, which is based on the UNCITRAL Model Law. Its chapters are authored by many of the most regarded Argentine authorities, many of whom are responsible for drafting Argentina’s current arbitration regulation. Throughout its thirty-one chapters, the book covers an ample number of topics in commercial and investment arbitration, and an exhaustive analysis of arbitration in different specific fields (energy, sports, consumers, among others). Some of the topics addressed in this book include the following: regulatory framework of arbitration in Argentina; arbitration agreements; arbitral proceedings and the applicable law; issues of arbitrability; interim measures; costs and financing of arbitrations; validity, recognition and enforcement of awards; arbitration and the MERCOSUR. This publication also includes some particular studies, for example those related to the tensions between investment arbitration and human rights, as well as the relationship between the country and the ICC, and the PCA. Although mainly focused in Argentina, the discussions contained in several contributions exceed such geographical boundaries. Given that the law and practice of arbitration in Argentina has seen remarkable changes in recent decades, this book is an essential tool for arbitrators, judges, in-house counsels, global law firms, large- and medium-sized companies doing transnational business, interested academics, and international arbitration centres. Because this publication draws from the teachings and experience of leading academics and practitioners, arbitration specialists will find in it all the guidance needed to identify and assess the different theoretical and practical legal avenues available when working on arbitrations with a seat in Argentina or with an Argentine element.


Extractive Sector and Civil Society

Extractive Sector and Civil Society

Author: Flavia Milano

Publisher: Inter-American Development Bank

Published: 2018-10-16

Total Pages: 248

ISBN-13:

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4% of Latin America and the Caribbean’s GDP comes from the extractive sector. This figure is equivalent to the amount generated by agriculture in the same region. An effective engagement between governments, companies, and civil society is required to propel sustainable development. With this regional diagnosis of countries rich in natural resources like Argentina, Chile, Colombia, Mexico, Peru, and the Dominican Republic, the IDB seeks to shed light on best practices among stakeholders of the extractive sectors. It focuses in actions of information, dialogues, consultations, collaborations, and partnerships that are driving development in the region. From the findings of the diagnosis, 3 roadmaps were drafted, to guide the stakeholders in strengthening their engagement.


Transnational Commercial Law

Transnational Commercial Law

Author: Roy Goode

Publisher: OUP Oxford

Published: 2012-03-29

Total Pages: 1810

ISBN-13: 0191632392

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Transnational commercial law represents the outcome of work undertaken to harmonize national laws affecting domestic and cross-border transactions and is upheld by a diverse spectrum of instruments. Now in its second edition, this authoritative work brings together the major instruments in this field, dividing them into thirteen groups: Treaty Law, Contracts, Electronic Commerce, International Sales, Agency and Distribution, International Credit Transfers and Bank Payment Undertakings, International Secured Transactions, Cross-Border Insolvency, Securities Custody, Clearing and Settlement and Securities Collateral, Conflict of Laws, Civil Procedure, Commercial Arbitration, and a new section on Carriage of Goods. Each group of instruments is preceded by linking text which provides important context by identifying the key instruments in each group, discussing their purposes and relationships, and explaining the major provisions of each instrument, thus setting them in their commercial context. This volume is unique in providing the full text of international conventions, including the preamble - which is important for interpretation - and the final clauses and any annexes. In addition, each instrument is accompanied by a complete list of dates of signature and ratification by all contracting states, all easily navigated through the detailed tables of contents which precedes it. This fully-indexed work provides an indispensable guide for the practitioner or academic to the primary transnational commercial law instruments.


Online Dispute Resolution for Consumers in the European Union

Online Dispute Resolution for Consumers in the European Union

Author: Pablo Cortés

Publisher: Routledge

Published: 2010-09-13

Total Pages: 283

ISBN-13: 1136943501

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Offers an account of ODR for consumers in the EU context, presenting a comprehensive investigation of the development of ODR for business to consumer disputes within the EU. This book examines the role of both the European legislator with the Mediation Directive and the English judiciary in encouraging the use of mediation.