The book presents international commercial courts from a comparative perspective and highlights their role in transnational adjudication.

Law and courts are often neglected in finance. The discipline is so permeated by economic analysis - the enforcement of its rules so based on regulatory authorities - that it often seems more natural to speak of financial regulation rather than financial law, de-emphasizing the role of courts. Authored by leading experts in commercial law, Finance, Law, and the Courts goes beyond this limited perspective. The book demonstrates that law and courts are essential in providing finance with the certainty it needs to operate, and the elasticity it needs to evolve. As explored in Part I of the book, these benefits result from law's status as an interpretative construct formed by rules and principles, a construct shaped by a need for consistency. When principles collide, courts are often called to solve "hard cases", and in doing so the Law of Finance evolves. Examining such hard cases, Parts II and III analyze courts' roles in influencing finance's key concepts and principles. For Public Law this includes the impact of sovereign immunity, separation of powers or individual rights on the justiciability of financial acts, central banks' mandates, and the interplay between regulatory concepts and fundamental rights. For Private Law, these include the foundations of liability for misstatements, the validity and interpretation of financial contracts, and creditor-creditor conflict. The book further explores the interplay between specialist and generalist courts and other bodies in Part IV, concluding with a case for limited specialization of finance justice in the EU. Offering a comprehensive legal treatment of finance's regulatory sources, this book is an unparalleled resource for law academics, practitioners, and policymakers seeking to better understand the complex financial cases that they may encounter.

This thought-provoking book examines whether regional centres associated with global legal institutions facilitate expanded citizen engagement in global soft law making. Through an analysis of empirical research into the role of decentralized soft law making in the East Asian region, it investigates the influence of such regional centres in overcoming representational deficits in the design of cross-border dispute settlement norms.

The fourth edition of International Business Law and the Legal Environment: A Transactional Approach gives business and law students a clear understanding of the legal principles that govern international business. This book goes beyond compliance by emphasizing how to use the law to create value and competitive advantage. DiMatteo’s transactional approach walks students through key business transactions—from import and export, contracts, and finance to countertrade, dispute resolution, licensing, and more—giving them both context and providing real-world applications. More concise than previous editions, this new edition also features: • Added coverage of new technologies, such as smart contracts, digital platforms, and blockchain technology • Discussion of businesses and sustainability, climate change, and creating a circular economy • Greater focus on UNIDROIT Principles and a review of INCOTERMS 2020 • Expansion of common carrier coverage to include CMI trucking and CMR railway conventions • International perspective and use of a variety of national and international law materials • Great coverage of EU substantive law Upper-level undergraduate and postgraduate students of business law and international business will appreciate DiMatteo’s lucid writing style, and professionals will find this book to be a comprehensive resource. Online resources include an instructor’s manual, PowerPoint slides, test bank, and other tools to provide additional support for students and instructors.

The world of dispute resolution made clear International Commercial Dispute Resolution is a new title that reflects the way in which the litigation arena has changed over recent years. Cross-border business relationships and the present economic climate have markedly increased the potential for commercial disputes to arise between parties in different jurisdictions, and clients are increasingly looking for the most time and cost effective way of resolving disputes. Expert advice from leading practitioners in 24 jurisdictions With contributions from leading practitioners, this practical book looks at dispute resolution in 24 jurisdictions that represent the world s major international trade centres and developing legal systems. User-friendly and practical structure Each chapter is devoted to a different jurisdiction and follows the same structure. It provides a practical summary of the relevant legal systems and offers an insight into the manner in which each jurisdiction seeks to resolve commercial disputes, both through traditional court proceedings and alternative dispute resolution techniques Written by leading local practitioners, each chapter opens with a round-up of the key issues that you will need to consider when dealing with this country, and includes flowcharts summarising the procedural stages of litigation This book is an essential addition to the bookshelf of every international litigator 5 key reasons why you need this book * Covers 24 key jurisdictions throughout the world * Provides an authoritative overview from leading local practitioners * Includes flow charts summarising the procedural stages of litigation * Highlights the key issues that must be considered when dealing with each jurisdiction * Covers traditional court proceedings and alternative dispute resolution techniques 24 jurisdictions covered- Australia; Bermuda; Brazil; Canada; Cayman Islands; China; Czech Republic; England & Wales; France; Germany; Guernsey; Hong Kong; India; Japan; Je

This is the first work to provide clear guidance on the increasingly utilized procedure of emergency arbitration. Setting out the procedural frameworks common to the leading emergency arbitration rules and establishing fifteen common principles, it provides greater control and certainty in bringing and defending applications for emergency measures.

The post-Cold War proliferation of international adjudicatory bodies and increase in litigation has greatly affected international law and politics. A growing number of international courts and tribunals, exercising jurisdiction over international crimes and sundry international disputes, have become, in some respects, the lynchpin of the international legal system. The Oxford Handbook of International Adjudication charts the transformations in international adjudication that took place astride the twentieth and twenty-first century, bringing together the insight of 47 prominent legal, philosophical, ethical, political, and social science scholars. Overall, the 40 contributions in this Handbook provide an original and comprehensive understanding of the various contemporary forms of international adjudication. The Handbook is divided into six parts. Part I provides an overview of the origins and evolution of international adjudicatory bodies, from the nineteenth century to the present, highlighting the dynamics driving the multiplication of international adjudicative bodies and their uneven expansion. Part II analyses the main families of international adjudicative bodies, providing a detailed study of state-to-state, criminal, human rights, regional economic, and administrative courts and tribunals, as well as arbitral tribunals and international compensation bodies. Part III lays out the theoretical approaches to international adjudication, including those of law, political science, sociology, and philosophy. Part IV examines some contemporary issues in international adjudication, including the behavior, role, and effectiveness of international judges and the political constraints that restrict their function, as well as the making of international law by international courts and tribunals, the relationship between international and domestic adjudicators, the election and selection of judges, the development of judicial ethical standards, and the financing of international courts. Part V examines key actors in international adjudication, including international judges, legal counsel, international prosecutors, and registrars. Finally, Part VI overviews select legal and procedural issues facing international adjudication, such as evidence, fact-finding and experts, jurisdiction and admissibility, the role of third parties, inherent powers, and remedies. The Handbook is an invaluable and thought-provoking resource for scholars and students of international law and political science, as well as for legal practitioners at international courts and tribunals.