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Book Synopsis Conflicting Legal Cultures in Commercial Arbitration by :
Download or read book Conflicting Legal Cultures in Commercial Arbitration written by and published by . This book was released on 1999 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt:
The effect of the significant changes in tax law at domestic, European, and international levels on investment funds, an important part of global financial services, creates a complex environment for practitioners and a source of debate for academics and policymakers. This is the first book to provide a comprehensive legal and practical analysis of the changes to the complex multilevel tax and regulatory framework concerning different types of investment funds. The contributions, updated as of late 2017, were originally presented at a conference held at the University of Luxembourg in November 2016 under the auspices of the ATOZ Chair for European and International Taxation. The book covers the central questions arising in national law and tax policy, explores the regulatory and tax framework of the European Union (EU), and discusses the multifaceted interactions of both national and EU law with bilateral tax treaties. Through fourteen chapters following a brief introduction, leading academic experts and practising specialists provide decisive insight into: - the regulatory regime for European investment funds; - the tax law and reforms in both Luxembourg and Germany; - the role of the European Commission's State-aid practices; - examples of case law concerning the application of non-discrimination rules to various investment vehicles; - the impact of tax-specific EU legislation, such as the Parent-Subsidiary Directive, the Tax Merger Directive, and the Anti-Tax Avoidance Directive; - the availability of tax treaty protection for different collective and non-collective investment funds; - the impact of base erosion and profit shifting (BEPS) developments on the taxation of cross-border investments; - the value-added tax (VAT) treatment of investment funds and their managers; and - the consequences of the global drive towards automatic exchange of information relating to existing cross-border investment structures. With its particular focus on Luxembourg - the leading centre for investment funds in Europe (and second only to the United States globally) and, thus, an instructive model for domestic-level investment fund regulation and taxation - this volume reveals the common issues that arise in virtually every other jurisdiction with a sizeable fund industry. As the first in-depth treatment of the globally significant nexus between investment funds and taxation, the book will prove valuable to policymakers, practitioners, and academics in both financial services and tax law.
Book Synopsis Conflicting Legal Cultures in Commercial Arbitration by : George P. Gilligan
Download or read book Conflicting Legal Cultures in Commercial Arbitration written by George P. Gilligan and published by . This book was released on 1999 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The effect of the significant changes in tax law at domestic, European, and international levels on investment funds, an important part of global financial services, creates a complex environment for practitioners and a source of debate for academics and policymakers. This is the first book to provide a comprehensive legal and practical analysis of the changes to the complex multilevel tax and regulatory framework concerning different types of investment funds. The contributions, updated as of late 2017, were originally presented at a conference held at the University of Luxembourg in November 2016 under the auspices of the ATOZ Chair for European and International Taxation. The book covers the central questions arising in national law and tax policy, explores the regulatory and tax framework of the European Union (EU), and discusses the multifaceted interactions of both national and EU law with bilateral tax treaties. Through fourteen chapters following a brief introduction, leading academic experts and practising specialists provide decisive insight into: - the regulatory regime for European investment funds; - the tax law and reforms in both Luxembourg and Germany; - the role of the European Commission's State-aid practices; - examples of case law concerning the application of non-discrimination rules to various investment vehicles; - the impact of tax-specific EU legislation, such as the Parent-Subsidiary Directive, the Tax Merger Directive, and the Anti-Tax Avoidance Directive; - the availability of tax treaty protection for different collective and non-collective investment funds; - the impact of base erosion and profit shifting (BEPS) developments on the taxation of cross-border investments; - the value-added tax (VAT) treatment of investment funds and their managers; and - the consequences of the global drive towards automatic exchange of information relating to existing cross-border investment structures. With its particular focus on Luxembourg - the leading centre for investment funds in Europe (and second only to the United States globally) and, thus, an instructive model for domestic-level investment fund regulation and taxation - this volume reveals the common issues that arise in virtually every other jurisdiction with a sizeable fund industry. As the first in-depth treatment of the globally significant nexus between investment funds and taxation, the book will prove valuable to policymakers, practitioners, and academics in both financial services and tax law.
The great strength of the arbitration process lies in its independence from any particular legal culture. Inevitably, its cross-cultural perspective has brought it to the fore as the preferred means of resolving international commercial disputes. The Institute of Advanced Legal Studies in London has done more than any other group to promote and sustain the development of international arbitration and to define the law and practice that has grown up around it. In a series of remarkable public lectures held during its jubilee year, the Institute reasserted its preeminent and creative role in the field of alternative dispute resolution at the international level. These lectures form the basis of the insightful papers assembled in this book. The nine authors bring a truly international perspective to their work. Their combined experience has involved them in arbitration in many countries in Europe, Asia, North America and South America; several of them have in addition had various posts in international diplomacy and in major international organisations. They include Dr Christian Borris, on the civil law versus common law in arbitration culture; Professor Andreas F. Lowenfeld, on the `mix' that creates the international arbitration process; Dr Serge Lazareff, on the search for a common procedural approach; Sigvard Jarvin, who compares the leading international arbitration seats; Jonathon Crook, on arbitration seats in the Far East; Ambassador Malcolm R. Wilkey, on the practicalities of cross-cultural arbitration; Jean Reed Haynes, on the confidentiality of international arbitration; Dr Horacio A. Grigera NaandÓn, on Latin American arbitration Culture; and Dr Bernardo M. Cremades, on how interactive arbitration overcomes the clash of legal cultures. Conflicting Legal Cultures in Commercial Arbitration brings international arbitration as it is currently practised into sharp focus, and will be of great value to all practitioners, academics and students in the field.
Book Synopsis Conflicting Legal Cultures in Commercial Arbitration:Old Issues and New Trends by : Stefan Frommel
Download or read book Conflicting Legal Cultures in Commercial Arbitration:Old Issues and New Trends written by Stefan Frommel and published by Springer. This book was released on 1999-09-22 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: The great strength of the arbitration process lies in its independence from any particular legal culture. Inevitably, its cross-cultural perspective has brought it to the fore as the preferred means of resolving international commercial disputes. The Institute of Advanced Legal Studies in London has done more than any other group to promote and sustain the development of international arbitration and to define the law and practice that has grown up around it. In a series of remarkable public lectures held during its jubilee year, the Institute reasserted its preeminent and creative role in the field of alternative dispute resolution at the international level. These lectures form the basis of the insightful papers assembled in this book. The nine authors bring a truly international perspective to their work. Their combined experience has involved them in arbitration in many countries in Europe, Asia, North America and South America; several of them have in addition had various posts in international diplomacy and in major international organisations. They include Dr Christian Borris, on the civil law versus common law in arbitration culture; Professor Andreas F. Lowenfeld, on the `mix' that creates the international arbitration process; Dr Serge Lazareff, on the search for a common procedural approach; Sigvard Jarvin, who compares the leading international arbitration seats; Jonathon Crook, on arbitration seats in the Far East; Ambassador Malcolm R. Wilkey, on the practicalities of cross-cultural arbitration; Jean Reed Haynes, on the confidentiality of international arbitration; Dr Horacio A. Grigera NaandÓn, on Latin American arbitration Culture; and Dr Bernardo M. Cremades, on how interactive arbitration overcomes the clash of legal cultures. Conflicting Legal Cultures in Commercial Arbitration brings international arbitration as it is currently practised into sharp focus, and will be of great value to all practitioners, academics and students in the field.
The great strength of the arbitration process lies in its independence from any particular legal culture. Inevitably, its cross-cultural perspective has brought it to the fore as the preferred means of resolving international commercial disputes. The Institute of Advanced Legal Studies in London has done more than any other group to promote and sustain the development of international arbitration and to define the law and practice that has grown up around it. In a series of remarkable public lectures held during its jubilee year, the Institute reasserted its preeminent and creative role in the field of alternative dispute resolution at the international level. These lectures form the basis of the insightful papers assembled in this book. The nine authors bring a truly international perspective to their work. Their combined experience has involved them in arbitration in many countries in Europe, Asia, North America and South America; several of them have in addition had various posts in international diplomacy and in major international organisations. They include Dr Christian Borris, on the civil law versus common law in arbitration culture; Professor Andreas F. Lowenfeld, on the `mix' that creates the international arbitration process; Dr Serge Lazareff, on the search for a common procedural approach; Sigvard Jarvin, who compares the leading international arbitration seats; Jonathon Crook, on arbitration seats in the Far East; Ambassador Malcolm R. Wilkey, on the practicalities of cross-cultural arbitration; Jean Reed Haynes, on the confidentiality of international arbitration; Dr Horacio A. Grigera NaandÓn, on Latin American arbitration Culture; and Dr Bernardo M. Cremades, on how interactive arbitration overcomes the clash of legal cultures. Conflicting Legal Cultures in Commercial Arbitration brings international arbitration as it is currently practised into sharp focus, and will be of great value to all practitioners, academics and students in the field.
Book Synopsis Conflicting Legal Cultures in Commercial Arbitration:Old Issues and New Trends by : Stefan N. Frommel
Download or read book Conflicting Legal Cultures in Commercial Arbitration:Old Issues and New Trends written by Stefan N. Frommel and published by Springer. This book was released on 1999-09-22 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The great strength of the arbitration process lies in its independence from any particular legal culture. Inevitably, its cross-cultural perspective has brought it to the fore as the preferred means of resolving international commercial disputes. The Institute of Advanced Legal Studies in London has done more than any other group to promote and sustain the development of international arbitration and to define the law and practice that has grown up around it. In a series of remarkable public lectures held during its jubilee year, the Institute reasserted its preeminent and creative role in the field of alternative dispute resolution at the international level. These lectures form the basis of the insightful papers assembled in this book. The nine authors bring a truly international perspective to their work. Their combined experience has involved them in arbitration in many countries in Europe, Asia, North America and South America; several of them have in addition had various posts in international diplomacy and in major international organisations. They include Dr Christian Borris, on the civil law versus common law in arbitration culture; Professor Andreas F. Lowenfeld, on the `mix' that creates the international arbitration process; Dr Serge Lazareff, on the search for a common procedural approach; Sigvard Jarvin, who compares the leading international arbitration seats; Jonathon Crook, on arbitration seats in the Far East; Ambassador Malcolm R. Wilkey, on the practicalities of cross-cultural arbitration; Jean Reed Haynes, on the confidentiality of international arbitration; Dr Horacio A. Grigera NaandÓn, on Latin American arbitration Culture; and Dr Bernardo M. Cremades, on how interactive arbitration overcomes the clash of legal cultures. Conflicting Legal Cultures in Commercial Arbitration brings international arbitration as it is currently practised into sharp focus, and will be of great value to all practitioners, academics and students in the field.
Because document production can discover written evidence that would otherwise not be available, it is often the key to winning a case. However, document production proceedings can be a costly and time-consuming exercise, and arbitral awards in particular are often challenged on grounds that relate to document production orders. The task of balancing the conflicting interests of the parties in this context is a major responsibility of arbitral tribunals. This book's analysis focuses on whether there exist legal principles on which arbitrators should establish rules of document production in both civil law and common law countries, and shows how international arbitration is affected. The author examines the relevant discretion of arbitral tribunals under US, English, Swiss, German, and Austrian law, and under nine of the most important sets of institutional rules, including the ICC Rules, the LCIA Rules, and the Swiss Rules. The presentation mines case law and legal literature for concepts based on the common expectations of the parties, the legitimate expectations of a party, the duty to balance different procedural expectations of the parties, the presumed intent of the parties, the underlying hypothetical bargain, implied terms, and the arbitrators' discretion. Among the topics and issues investigated are the following: - procedural rules on document production versus procedural flexibility; - how arbitral tribunals can modify the IBA Rules on a case-by-case basis; - discretion granted by legislation in each country covered; - electronic document production; - how to deal with privilege and confidentiality objections; - how to formulate or answer document production requests; - effective sanctions in case of non-compliance with procedural orders of the arbitral tribunal; - what grounds for annulment and non-enforcement a losing party can raise in what countries. Perhaps the greatest benefit of the book is the inclusion of model clauses, commensurate with both civil law and common law expectations. The author explicates the advantages and inconveniences of each model clause, and clarifies the influence of each clause on the efficiency of the proceedings and the enforcement risk. For practitioners, the book not only gives counsel a thorough overview of possible arguments for and against document production, but also assists arbitrators find a way through the jungle of opinions on the interpretation of the IBA Rules. Legal academics will appreciate the author's deeply informed analysis and commentary and the book's contribution to increasing the predictability of arbitral decisions on document production and showing how issues in dispute can be narrowed by tailor-made rules, thus helping to raise the efficiency and reduce the costs of arbitral proceedings.
Book Synopsis Document Production in International Arbitration by : Reto Marghitola
Download or read book Document Production in International Arbitration written by Reto Marghitola and published by Kluwer Law International B.V.. This book was released on 2015-10-20 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: Because document production can discover written evidence that would otherwise not be available, it is often the key to winning a case. However, document production proceedings can be a costly and time-consuming exercise, and arbitral awards in particular are often challenged on grounds that relate to document production orders. The task of balancing the conflicting interests of the parties in this context is a major responsibility of arbitral tribunals. This book's analysis focuses on whether there exist legal principles on which arbitrators should establish rules of document production in both civil law and common law countries, and shows how international arbitration is affected. The author examines the relevant discretion of arbitral tribunals under US, English, Swiss, German, and Austrian law, and under nine of the most important sets of institutional rules, including the ICC Rules, the LCIA Rules, and the Swiss Rules. The presentation mines case law and legal literature for concepts based on the common expectations of the parties, the legitimate expectations of a party, the duty to balance different procedural expectations of the parties, the presumed intent of the parties, the underlying hypothetical bargain, implied terms, and the arbitrators' discretion. Among the topics and issues investigated are the following: - procedural rules on document production versus procedural flexibility; - how arbitral tribunals can modify the IBA Rules on a case-by-case basis; - discretion granted by legislation in each country covered; - electronic document production; - how to deal with privilege and confidentiality objections; - how to formulate or answer document production requests; - effective sanctions in case of non-compliance with procedural orders of the arbitral tribunal; - what grounds for annulment and non-enforcement a losing party can raise in what countries. Perhaps the greatest benefit of the book is the inclusion of model clauses, commensurate with both civil law and common law expectations. The author explicates the advantages and inconveniences of each model clause, and clarifies the influence of each clause on the efficiency of the proceedings and the enforcement risk. For practitioners, the book not only gives counsel a thorough overview of possible arguments for and against document production, but also assists arbitrators find a way through the jungle of opinions on the interpretation of the IBA Rules. Legal academics will appreciate the author's deeply informed analysis and commentary and the book's contribution to increasing the predictability of arbitral decisions on document production and showing how issues in dispute can be narrowed by tailor-made rules, thus helping to raise the efficiency and reduce the costs of arbitral proceedings.
This book fills a gap in legal academic study and practice in International Commercial Arbitration (ICA) by offering an in-depth analysis on legal discourse and interpretation. Written by a specialist in international business law, arbitration and legal theory, it examines the discursive framework of arbitral proceedings, through an exploration of the unique status of arbitration as a legal and semiotic phenomenon. Historical and contemporary aspects of legal discourse and interpretation are considered, as well as developments in the field of discourse analysis in ICA. A section is devoted to institutional and structural determinants of legal discourse in ICA in which ad hoc and institutional forms are examined. The book also deals with functional aspects of legal interpretation in arbitral discourse, focusing on interpretative standards, methods and considerations in decision-making in ICA. The comparative examinations of existing legal framework and case law reflect the international nature of the subject and the book will be of value to both academic and professional readers.
Book Synopsis Legal Interpretation in International Commercial Arbitration by : Joanna Jemielniak
Download or read book Legal Interpretation in International Commercial Arbitration written by Joanna Jemielniak and published by Routledge. This book was released on 2016-04-22 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book fills a gap in legal academic study and practice in International Commercial Arbitration (ICA) by offering an in-depth analysis on legal discourse and interpretation. Written by a specialist in international business law, arbitration and legal theory, it examines the discursive framework of arbitral proceedings, through an exploration of the unique status of arbitration as a legal and semiotic phenomenon. Historical and contemporary aspects of legal discourse and interpretation are considered, as well as developments in the field of discourse analysis in ICA. A section is devoted to institutional and structural determinants of legal discourse in ICA in which ad hoc and institutional forms are examined. The book also deals with functional aspects of legal interpretation in arbitral discourse, focusing on interpretative standards, methods and considerations in decision-making in ICA. The comparative examinations of existing legal framework and case law reflect the international nature of the subject and the book will be of value to both academic and professional readers.
Genre theory has focused primarily on the analysis of generic constructs, with increasing attention to and emphasis on the contexts in which such genres are produced, interpreted, and used to achieve objectives, often giving the impression as if producing genres is an end in itself, rather than a means to an end. The result of this focus is that there has been very little attention paid to the ultimate outcomes of these genre-based discursive activities, which are more appropriately viewed as academic, institutional, organizational, and professional actions and practices, which are invariably non-discursive, though often achieved through discursive means. It was this objective in mind that the book develops an approach to a more critical and deeper understanding of interdiscursive professional voices and actions. Critical Genre Analysis as a theory of discursive performance is thus an attempt to be as objective as possible, rigorous in analytical endeavour, using a multiperspective and multidimensional methodological framework taking into account interdiscursive aspects of genre construction to make it increasingly explanatory to demystify discursive performance in a range of professional contexts.
Book Synopsis Critical Genre Analysis by : Vijay K. Bhatia
Download or read book Critical Genre Analysis written by Vijay K. Bhatia and published by Taylor & Francis. This book was released on 2016-11-18 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: Genre theory has focused primarily on the analysis of generic constructs, with increasing attention to and emphasis on the contexts in which such genres are produced, interpreted, and used to achieve objectives, often giving the impression as if producing genres is an end in itself, rather than a means to an end. The result of this focus is that there has been very little attention paid to the ultimate outcomes of these genre-based discursive activities, which are more appropriately viewed as academic, institutional, organizational, and professional actions and practices, which are invariably non-discursive, though often achieved through discursive means. It was this objective in mind that the book develops an approach to a more critical and deeper understanding of interdiscursive professional voices and actions. Critical Genre Analysis as a theory of discursive performance is thus an attempt to be as objective as possible, rigorous in analytical endeavour, using a multiperspective and multidimensional methodological framework taking into account interdiscursive aspects of genre construction to make it increasingly explanatory to demystify discursive performance in a range of professional contexts.
Languages are inseparable from their contexts of use. They are not only congruent with, but also involved in the configuration of the worldviews and value systems manifested in cultures and embodied in texts. The spread of English worldwide foregrounds the issue of textual dynamics in intercultural settings. The production/reception of texts in English facilitates international contacts and exchanges, yet it also triggers hegemonic practices. The volume aims to investigate the representations and negotiations of sociocognitive identities in intercultural settings relevant for 'good practice'. Contributions explore 'languaging' strategies (verbal, visual, multimodal; English monolingual, bilingual, multilingual) through a range of methodological perspectives wherein the respect for sociocultural differences is a constitutive value.
Book Synopsis Identity, Community, Discourse by : Giuseppina Cortese
Download or read book Identity, Community, Discourse written by Giuseppina Cortese and published by Peter Lang. This book was released on 2005 with total page 510 pages. Available in PDF, EPUB and Kindle. Book excerpt: Languages are inseparable from their contexts of use. They are not only congruent with, but also involved in the configuration of the worldviews and value systems manifested in cultures and embodied in texts. The spread of English worldwide foregrounds the issue of textual dynamics in intercultural settings. The production/reception of texts in English facilitates international contacts and exchanges, yet it also triggers hegemonic practices. The volume aims to investigate the representations and negotiations of sociocognitive identities in intercultural settings relevant for 'good practice'. Contributions explore 'languaging' strategies (verbal, visual, multimodal; English monolingual, bilingual, multilingual) through a range of methodological perspectives wherein the respect for sociocultural differences is a constitutive value.
This book explores the intricate and multi-dimensional conception of clarity and obscurity in the law. It presents and examines the most recent research and theories, giving practical guidance on how to avoid obscurity in legal drafting and its impact on legal interpretation. The book is aimed at a multidisciplinary audience and seeks to promote an interdisciplinary debate on clarity, law and language, calling for the moving of clarity beyond the study of plain language. The aims of the book are thus two fold. The first is to critically reach a nexus between the disciplines of law and language with respect to the debates on clarity in legal discourse. The second is to achieve an international perspective on the issue, drawing from a wide range of legal and political contexts.
Book Synopsis Obscurity and Clarity in the Law by : Sophie Cacciaguidi-Fahy
Download or read book Obscurity and Clarity in the Law written by Sophie Cacciaguidi-Fahy and published by Routledge. This book was released on 2016-12-05 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the intricate and multi-dimensional conception of clarity and obscurity in the law. It presents and examines the most recent research and theories, giving practical guidance on how to avoid obscurity in legal drafting and its impact on legal interpretation. The book is aimed at a multidisciplinary audience and seeks to promote an interdisciplinary debate on clarity, law and language, calling for the moving of clarity beyond the study of plain language. The aims of the book are thus two fold. The first is to critically reach a nexus between the disciplines of law and language with respect to the debates on clarity in legal discourse. The second is to achieve an international perspective on the issue, drawing from a wide range of legal and political contexts.
It often seems today that no dispute is barred from resolution by arbitration. Even the fundamental question of whether a dispute falls under the exclusive jurisdiction of a judicial body may itself be arbitrable. Arbitrability is thus an elusive concept; yet a systematic study of it, as this book shows, yields innumerable guidelines and insights that are of substantial value to arbitral practice. Although the book takes the form of a collection of essays, it is designed as a comprehensive commentary on practical issues that emerge from the idea of arbitrability. Fifteen leading academics and practitioners from Europe and the United States each explore different facets of arbitrability always with a perspective open to international developments and comparative evaluation of standards. The presentation falls into two parts: in the first the focus is on the general features of arbitrability, its rationale and the laws applicable to it. In the second, arbitrability is specifically examined in the context of administrative, criminal, corporate, IP, financial, commercial, and criminal law This book has its origins in an International Conference on Arbitrability held at Athens in September 2005. Seven papers presented there are here reviewed and updated, and nine others are added. The subject of the book and arbitrability and is one that is much talked about, but seldom if ever given the in-depth treatment presented here. Arbitrators and other practitioners in the field will welcome the way the analysis moves logically from theory to practice regarding every issue, and academics will recognize a definitive treatment of arbitrability as understood and applied in the settlement of disputes today.
Book Synopsis Arbitrability by : Loukas A. Mistelis
Download or read book Arbitrability written by Loukas A. Mistelis and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: It often seems today that no dispute is barred from resolution by arbitration. Even the fundamental question of whether a dispute falls under the exclusive jurisdiction of a judicial body may itself be arbitrable. Arbitrability is thus an elusive concept; yet a systematic study of it, as this book shows, yields innumerable guidelines and insights that are of substantial value to arbitral practice. Although the book takes the form of a collection of essays, it is designed as a comprehensive commentary on practical issues that emerge from the idea of arbitrability. Fifteen leading academics and practitioners from Europe and the United States each explore different facets of arbitrability always with a perspective open to international developments and comparative evaluation of standards. The presentation falls into two parts: in the first the focus is on the general features of arbitrability, its rationale and the laws applicable to it. In the second, arbitrability is specifically examined in the context of administrative, criminal, corporate, IP, financial, commercial, and criminal law This book has its origins in an International Conference on Arbitrability held at Athens in September 2005. Seven papers presented there are here reviewed and updated, and nine others are added. The subject of the book and arbitrability and is one that is much talked about, but seldom if ever given the in-depth treatment presented here. Arbitrators and other practitioners in the field will welcome the way the analysis moves logically from theory to practice regarding every issue, and academics will recognize a definitive treatment of arbitrability as understood and applied in the settlement of disputes today.