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The Worlds of the Trust
  • Language: en
  • Pages: 585

The Worlds of the Trust

  • Categories: Law

This collection of essays explores the law of trusts as it is understood in civilian and mixed jurisdictions.

La Faculté de Droit de Bordeaux
  • Language: fr
  • Pages: 500

La Faculté de Droit de Bordeaux

None

The Rise of Transparency in International Arbitration
  • Language: en
  • Pages: 228

The Rise of Transparency in International Arbitration

  • Categories: Law

The Rise of Transparency in International Arbitration is inspired by a joint research conducted in the last years by the Milan Chamber of Arbitration and the Law School of the University Carlo Cattaneo–LIUC, Castellanza, in Italy. The two bodies have shared a common concern in order to increase the use of international commercial arbitration and to develop a proper culture in the field: the need for enhancing transparency and especially for a wider dissemination of arbitral awards. The advantages of arbitration as the main alternative means of dispute resolution are well known and undisputed. Privacy and confidentiality are among them and at the same time among the prevailing features of a...

Conflicts of Interest and the Future of Medicine
  • Language: en
  • Pages: 392

Conflicts of Interest and the Future of Medicine

In this book, Marc Rodwin examines the development of conflicts of interest in the health care systems of the US, France, and Japan. He shows that national differences in the organization of medical practice and the interplay of organized medicine, the market, and the state give rise to variations in the type and prevalence of such conflicts, and then analyzes the strategies that each nation employs to cope with them. Drawing on the experiences of these three nations, Conflicts of Interest and the Future of Medicine demonstrates that we can mitigate these problems with carefully planned reform and regulation.

Precedent in International Arbitration
  • Language: en
  • Pages: 548

Precedent in International Arbitration

  • Categories: Law

IAI Series No. 5 The International Arbitration Institute (IAI) series on international arbitration is a new periodic series of publications that will focus on cutting edge issues and developments in international arbitration. About the IAI: The International Arbitration Institute (IAI), an organization created under the auspices of the Comite Francais de l'Arbitrage (CFA), was created to promote exchanges international arbitration. The IAI is designed to promote exchanges on current issues in the field of international commercial arbitration. Its activities include the regular organization of international conferences, colloquiums, as well as conducting various research projects. About the b...

Good Faith in European Contract Law
  • Language: en
  • Pages: 762

Good Faith in European Contract Law

  • Categories: Law

For some Western European legal systems the principle of good faith has proved central to the development of their law of contracts, while in others it has been marginalized or even rejected. This book starts by surveying the use or neglect of good faith in these legal systems and explaining its historical origins. The central part of the book takes thirty situations which would, in some legal systems, attract the application of good faith, analyses them according to fifteen national legal systems and assesses the practical significance of both the principle of good faith and its relationship to other contractual and non-contractual doctrines and forms of regulation in each situation. The book concludes by explaining how European lawyers, whether from a civil or common law background, may need to come to terms with the principle of good faith. This was the first completed project of The Common Core of European Private Law launched at the University of Trento.

The Jurists
  • Language: en
  • Pages: 333

The Jurists

  • Categories: Law
  • Type: Book
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  • Published: 2013-10
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  • Publisher: Unknown

Jurists, or legal scholars, have had a profound impact on the development of the law. Their emergence can be traced back to ancient Rome and traced through the centuries to today. Since their inception, jurists have worked in like-minded schools united by the particular project they were pursuing. The project can be described by the goal they sought and the methods they used to achieve it. These projects were heavily influenced by their historical context and as such they pursued different goals by different methods. This proved helpful to later jurists who used the writings of previous schools to learn from both their successes and their failures. However there was one crucial element that all jurists throughout the ages have had in common: their attempts to understand and explain the law. This book is an intellectual history of the work of Western jurists from ancient Rome to the present. It describes how the law has been reshaped by the work of these successive schools. For each school, the book introduces its emergence within its historical context, the prevailing aims and methods of scholars working in it; and its legacy for legal thought and scholarship.

The Allocation of Power between Arbitral Tribunals and State Courts
  • Language: en
  • Pages: 608

The Allocation of Power between Arbitral Tribunals and State Courts

  • Categories: Law
  • Type: Book
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  • Published: 2019-03-25
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  • Publisher: BRILL

The ultimate question that runs through all of our law of arbitration is the allocation of responsibility between state courts and arbitral tribunals : If private tribunals assume the power to bind others in a definitive fashion, we must ask, where does this authority come from ? Fundamentally different in this respect from a state judge, a private arbitrator may only derive his legitimacy from that exercise of private ordering and self-government which characterizes any voluntary commercial transaction. This work begins then with the dimensions of that “consent” which alone can justify arbitral jurisdiction. The discussion is then carried forward to explore how party autonomy in the contracting process may be expanded, giving rise to the voluntary reallocation of authority between courts and arbitrators. It concludes with the necessary inquiry into the autonomy with respect to the “chosen law” that will govern the agreement to arbitrate itself.

European Private Law - Current Status and Perspectives
  • Language: en
  • Pages: 289

European Private Law - Current Status and Perspectives

  • Categories: Law

Business law and labour law are driving forces and core areas of European private law. New concepts and approaches are thus required that are not limited to civil law and that are different from those traditionally embraced by national private law. These new challenges regarding the current status and perspectives of European private law are discussed in this volume by sixteen highly reputed researchers from across Europe. The contributions concern various areas of European private law, including contract, property, company, competition and labour law. This book will be an invaluable source for all those working on European law and private law within Europe.