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Books > Law > International law > Private international law & conflict of laws
Questions relating to anti-suit injunctions arise frequently in
commercial practice, as commercial litigation is often disputed in
several jurisdictions simultaneously. In these, circumstances, a
party preferring to conduct its litigation in England would need to
determine whether it might be possible and effective to obtain an
anti-suit injunction to restrain the other party from conducting
its proceeding in another jurisdiction.
This updating supplement complements the Main Work, The Anti-Suit
Injunction, and brings it up to date in what is a fast-moving
field. In particular it takes account of the volume of case law on
the anti-suit injunction since the book was published, including
most significantly the decision of the European Court of Justice in
The Front Comor, the recent important House of Lords decision in
Masri v Khoury, and other cases such as Wadi Sudr, CMA CGM v
Hyundai, and Deutsche v Highland.
The Law of Transnational Securitization focuses on the legal
aspects of securitization from a comparative and systemic
perspective. It identifies specific problems that arise in the
field of securitization, including transnational problems, and
shows how to solve them within the legal and regulatory framework.
The book covers securitization from a UK, European and US
perspective throughout including reference to other jurisdictions
including India. Securitization is a topical subject, as the
securitization of mortgage receipts is seen as one of the causes of
the financial crisis. There is now an increased focus on the legal,
as opposed to transactional, aspects of securitization as it has
come under intense scrutiny by regulators. This work explains the
situation and suggests ways to improve the system. The book begins
by explaining the elements of a typical securitization transaction,
along with different types of securitization, and provides an
analysis of the role of securitization in the financial crisis and
resulting legal challenges. It includes coverage of the interaction
of securitization with creditor and investor protection rules, with
an emphasis on insolvency law, involving such issues as a
transaction's resilience to bankruptcy. Part III of the work
analyses the liabilities of the sponsor/originator and the
'checks-and-balances' in their activity. Also included here is
coverage of the duties of 'gatekeepers' such as rating agencies. A
full explanation is included of the regulatory position,
incorporating the rules on disclosure and accounting and on
financial matters under Basel II. Finally, the book concludes with
a detailed consideration of conflicts of laws and states' exercise
of extraterritorial jurisdiction issues.
This monograph provides an in-depth analysis of Article 7 of the
Rome II Regulation, and its interplay with other EU PIL provisions,
from a litigation perspective. Simultaneously, due to its critical
approach, it provides a blueprint for the European legislator to
implement future legislative amendments in the said rules, in order
to suppress their limitations. Overall, the book reaches
conclusions on: *whether it is effective at all, from the
standpoint of environmental protection, to intervene in
environmental matters though PIL means; *whether PIL interventions
in environmental matters enhance and spread the EU's environmental
law policy, both inside and outside the EU *whether the EU is
adequately using the PIL tools at its disposal to intervene in
(environmental) global governance.
This book looks at the historical use of allegations of
unconscionable conduct within the context of independent trade
finance instruments, such as letters of credit and demand
guarantees. It makes a detailed survey of the law of unconscionable
conduct, the complexities of the doctrine of independence, and the
circumstances where the former prevails to provide relief from
abuse.It also completes a wide-ranging, sequential audit of the
relevant case law in both Singapore and Australia where
unconscionable conduct was alleged in independent instrument
matters. The audit examines every case along the lines of precedent
and details the contribution each makes to the law.Focussing on the
jurisdictions of Singapore, Australia, and Malaysia, the book lays
out the case for the broad adoption of unconscionable conduct in
this domain. With its premises founded in precedent and statute, it
describes the elements of independent instrument unconscionability
as already laid down in law and links it to international banking
practice.
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