This title identifies and explores recurring problems caused by private cross-border disputes, while presenting the solutions that appear to be emerging, whether in the form of legislation, case law, treaty or Restatement enumeration. It covers personal and subject matter jurisdiction, parallel litigation, choice of forum, choice of law, extraterritorial discovery, extraterritorial provisional relief, recognition of foreign judgments, pleading, and proof of foreign law. International arbitration is also dealt with, with special emphasis on the role of courts in enforcing international arbitration agreements and effectuating international arbitral awards.

Transnational Litigation In a Nutshell (Nutshells)

Bermann, George

Foreign & International Law

West Academic Publishing

The documents supplement is designed to be used with the main casebook. It contains the Lisbon Treaty, the Charter and significant legislation.

Selected Documents Supplement to Cases and Materials on European Union Law (American Casebook Series)

Fox, Eleanor

Goebel, Roger

Davey, William

This classic casebook reflects the many institutional and substantive changes brought about by the Treaty of Lisbon of December 2009. Divided into seven parts, this casebook allows teachers the flexibility to tailor their courses to their own needs. Parts I and II, respectively, treat the legal/institutional framework of the EU and the enforcement of EU law in the Member States. Part III covers all aspects of the Internal Market and its free movement principles. Part IV comprehensively covers European competition policy, while Part V fully treats the EU’s external, including trade, relations and Part VI treats issues surrounding the Euro. Finally, Part VII presents a sampling of EU policy areas – e.g., social policy, environmental and consumer protection.

Cases and Materials on European Union Law (American Casebook Series)

This is a 1st edition of a Nutshell on an exceptionally topical subject. International Commercial Arbitration is a flourishing alternative to the litigation of transnational disputes in domestic courts.

International Commercial Arbitration in a Nutshell (Nutshells)

This classic casebook presents the governance and judicial structure of the European Union, together with its major substantive law fields of concern to students and practitioners, all as updated by the 2009 Treaty of Lisbon. Part I presents the history, institutional structure, principal Court constitutional doctrines, and its basic legal system. Teachers may choose among the other five parts to tailor their courses to their interests. Part II presents leading Court precedents and legislation intended to achieve the common market, later renamed the internal market. Part III comprehensively covers EU competition law and policy, of great concern to practitioners. The European Union’s external relations and trade policy is the subject of Part IV, while Part V presents the impact of free movement of capital and EU banking regulation, and the Monetary Union. Finally, Part VI presents several key policy areas―the harmonization of employment law, anti-discrimination rules, environmental protection, and civil and commercial litigation rules.

Cases and Materials on European Union Law, 4th (American Casebook Series)

Emmert, Frank

Atik, Jeffery

Gerard, Damien

This title identifies and explores recurring issues of jurisdiction, procedure, and choice of law entailed in the resolution of transnational disputes in U.S. courts. It covers the sources of transnational litigation law in the United States, personal and subject matter jurisdiction, parallel litigation, foreign sovereign immunity and the act of state doctrine, choice of law, extraterritorial discovery, extraterritorial provisional relief, recognition of foreign judgments, and the role of courts in connection with international arbitration.

Dodge, William

Childress III, Donald

There are many issues of arbitral practice that remain largely unaddressed, or very poorly addressed, in the sources to which tribunals and counsel conventionally turn for procedural guidance: the arbitration agreement, the lex arbitri and rules of procedure. This book brings together the most frequently recurring of such "twilight" issues--so-called because all participants in the arbitral process, when facing them, find themselves "in the dark"--showing in each case where it is best for arbitrators, counsel, and parties to look for solutions offering logic, certainty and predictability. The issues ably covered by the author include, among others, the following: <ul> <li> Is a non-signatory bound by or entitled to invoke an arbitration agreement? </li> <li> When may res judicata or collateral estoppel subject? </li> <li> Should a tribunal issue an anti-suit injunction? </li> <li> When may a tribunal treat as mandatory a law other than the chosen one? </li> <li> On what basis may a witness invoke testimonial privilege? </li> <li> When may a tribunal sanction counsel for what it considers misconduct? </li> <li> By what standards is a determination of corruption to be made? </li> <li> How should a tribunal determine the interest rate applicable to an award? </li> <li> On what basis are costs to be allocated? </li> </ul> Examining in turn the guidance that may be provided by normative sources--national law (and if so, which one?), simple exercise of good judgment, or "international standards" derived from soft law, arbitral jurisprudence, international law, and scholarly and professional commentary--the analysis clearly shows how, when conventional sources of legal guidance are unavailing, decisions on important matters of arbitral practice and procedure are best made. The book will prove of major relevance and value to any and all stakeholders in the international arbitral process, whether commercial or investor-state.

Twilight Issues in International Arbitration: Latent Choice of Law Challenges (International Arbitration Law Library)

Wolters Kluwer

See the best price to sell, buy, or rent books by Bermann, George. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Books by Bermann, George

See the best price to sell, buy, or rent books by Bermann, George. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Transnational Litigation In a Nutshell (Nutshells)

Selected Documents Supplement to Cases and Materials on European Union Law (American Casebook Series)

Cases and Materials on European Union Law (American Casebook Series)

International Commercial Arbitration in a Nutshell (Nutshells)

Cases and Materials on European Union Law, 4th (American Casebook Series)

Transnational Litigation In a Nutshell (Nutshells)

Twilight Issues in International Arbitration: Latent Choice of Law Challenges (International Arbitration Law Library)