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Blockchains, Smart Contracts, Decentralised Autonomous Organisations and the Law
The growth of Blockchain technology presents a number of legal questions for lawyers, regulators and industry participants alike. Primarily, regulators must allow Blockchain technology to develop whilst also ensuring it is not being abused. This book addresses the challenges posed by various applications of Blockchain technology, such as cryptocurrencies, smart contracts and initial coin offerings, across different fields of law. Contributors explore whether the problems posed by Blockchain and its applications can be addressed within the present legal system or whether significant rethinking is required.
International Trust Disputes
The number of disputes involving trusts has risen significantly in recent years. Many disputes take place in the international environment and cross-border jurisdictional issues may arise. These disputes often involve large sums of money, impacting significantly on family relations. The handling of such disputes requires specialist skills and knowledge, including an understanding of how and why private trusts are established and administered and the problems that can arise; an awareness of the cross-jurisdictional issues that may be relevant; and the ability to identify practical legal solutions to the dispute that are compliant with trust principles. International Trust Disputes provides a comprehensive and thorough treatment of this topic. Acting as a specialist guide for practitioners, it offers a survey of the special considerations that may arise with regard to trust disputes as well as a definitive guide to the issues which may be encountered in the jurisdictions where disputes are most likely to take place.
International Asset Transfer
Cross-border business transactions often entail the transfer of assets, which requires some basic knowledge of diverse legal systems; consultants working on such transactions need to have an overview of the procedural particularities of these jurisdictions, and practical knowledge that will enable them to approach the transaction from an informed perspective. This handbook provides essential information relating to the transfer of assets or entire business units in thirty-two of the most important jurisdictions in the world. Each chapter is dedicated to a separate jurisdiction, and discusses, among other practical topics of interest, form requirements, registration obligations, regulatory co...
Codifying Contract Law
Exploring the advantages and disadvantages of codifying contract law, this book considers the question from the perspectives of both civil and common law systems, referring in detail to issues of international and consumer law. With contributions from leading international scholars, the chapters present a range of opinions on the virtues of codification, encouraging further debate on this topic. The book commences with a discussion on the internationalization imperative for codification of contract law. It then turns to regional issues, exploring first codification attempts in the European Union and Japan, and then issues relevant to codification in the common law jurisdictions of Australia, New Zealand and the United States. The collection concludes with two chapters which consider the need to draw upon both private and comparative international law perspectives to inform any codification reforms. This book will be of interest to international and comparative contract law academics, as well as regulators and policy-makers.
The Unidroit Principles of International Commercial Contracts
The Unidroit Principles are a restatement of the law applicable to international commercial contracts that have been developed on the basis of an innovative comparison of the leading contract laws. As such, their authority rests on the standing of UNIDROIT, the institution responsible for their preparation, and on the quality of the rules they propose. This book provides a comprehensive in-depth analysis of the foundations of, and justifications for, an application of the Unidroit Principles. Its conclusion–that the Unidroit Principles may constitute a true governing law to be recognized by arbitral tribunals and domestic courts alike–will further contribute to the worldwide success of the Unidroit Principles.
Arbitration Law of Switzerland
Arbitration Law of Switzerland is a comprehensive review of the arbitration law and practice in Switzerland. Contents include: A discussion of the history and current legislation on arbitration and arbitration infrastructure and practice. Analysis of the current law and practice including an examination of the arbitration agreement, jurisdiction, arbitrability, the arbitral tribunal, conducting arbitration, the arbitral award and challenges and other actions against the award. A useful chapter on the recognition and enforcement of awards rendered both in Switzerland and in foreign jurisdictions and a comprehensive chapter covering the Swiss Rules of International Arbitration and the practices of the Swiss Chambers’ Arbitration Institution.
The Law of Open Societies
This book endeavours to interpret the development of private international law in light of social change. Since the end of World War II the socio-economic reality of international relations has been characterised by a progressive move from closed to open societies. The dominant feature of our time is the opening of borders for individuals, goods, services, capital and data. It is reflected in the growing importance of ex ante planning – as compared with ex post adjudication – of cross-border relations between individuals and companies. What has ensued is a shift in the forces that shape international relations from states to private actors. The book focuses on various forms of private ordering for economic and societal relations, and its increasing significance, while also analysing the role of the remaining regulatory powers of the states involved. These changes stand out more distinctly by virtue of the comparative treatment of the law and the long-term perspective employed by the author. The text is a revised and updated version of the lectures given by the author during the 2012 summer courses of the Hague Academy of International Law.
Swiss Annuities and Life Insurance
Swiss Annuities and Life Insurance examines the key characteristics of Swiss annuities and life insurance, and explains how the use of these products can help you achieve asset protection, growth, and, in some cases, significant tax planning opportunities. Swiss annuities and life insurance are an excellent alternative investment, particularly for high-net-worth individuals. With this expert guidebook, you too will learn how to safely capitalize on these attractive products.
Overriding Mandatory Rules in International Commercial Arbitration
Overriding Mandatory Rules in International Commercial Arbitration discusses the applicability of mandatory rules of law in international commercial arbitration and addresses the concerns of the arbitrators and judges at various stages of arbitration and the enforcement of the award.
Force Majeure and Hardship Under General Contract Principles
Lawyers involved in international commercial transactions know well that unforeseen events affecting the performance of a party often arise. Not surprisingly, exemptions for non-performance are dealt with in a significant number of arbitral awards. This very useful book thoroughly analyzes contemporary approaches, particularly as manifested in case law, to the scope and content of the principles of exemption for non-performance which are commonly referred to as 'force majeure' and 'hardship.' The author shows that the 'general principles of law' approach addresses this concern most effectively. Generally accepted and understood by the business world at large, this approach encompasses princi...
