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Transparency describes openness, accessibility and public
understanding of the family justice system. The principle of open
justice has long been limited by the need for privacy to protect
the interests of vulnerable parties, and the balance between
privacy and publicity is subject to a complex web of legislation
and case law, especially in family courts. This book provides a
detailed practical guide to the relevant legislation, case law,
policy and procedure, and how the balance between privacy and
publicity has changed over time. Written in the context of the
outcome of the President’s Transparency Review (2021), the Second
Edition of this title covers recent case law and procedural
changes. This includes: - Press attendance and reporting from pilot
courts - Legal blogging developments - Privacy of financial
applications - Updated judicial guidance on anonymisation and
publication, including the transfer of primary publication from
BAILII to TNA The Appendix of case studies has been updated to
include recent key cases. This title provides practitioners in
family courts with an explanation of the relevant law, so that they
are well-equipped to advise their clients on their remedies, rights
and obligations with regard to transparency. It will also assist
media lawyers, journalists, legal bloggers and social workers. This
title is included in Bloomsbury Professional's Family Law online
service.
The International Centre for Settlement of Investment Disputes
(ICSID) has become the leading arbitration institution for
resolution of investor-state disputes, especially as ICSID may
administer arbitrations initiated under such multilateral treaties
as the North American Free Trade Agreement (NAFTA) and the growing
number of bilateral investment treaties (BITs). Accordingly,
familiarity with the regime and jurisprudence of ICSID arbitration
is an essential component of any international investment venture.
This Guide to ICSID Arbitration, written by three leading
practitioners in the eminent international law firm of Freshfields
Bruckhaus Deringer, fills the gap in the literature between generic
descriptions and academic commentary on ICSID or its aspects. It
provides a sufficiently detailed but still 'user-friendly'
understanding of what ICSID arbitration is, when and how it can and
should be used, and how an ICSID case works from start to finish.
It offers potential and non-expert users of the ICSID regime'as
well as those generally interested in international commercial
arbitration'with the essentials of the ICSID Convention and of
BITs, the various sets of rules, ICSID procedure, and the rapidly
developing ICSID jurisprudence. The Guide includes the following:
an introduction to the ICSID regime; a discussion of the
comparative merits of ICSID and other forms of arbitration; the
basics of ICSID contractual arbitration; the basics of ICSID
arbitration under bilateral and multilateral investment treaties;
illustrative treaty materials, including discussion and comparison
of BITs, and the full text of model and sample BITs and Chapter 11
of NAFTA; a description of the main ICSID rules and how a typical
ICSID case develops in practice; a discussion of the unique
features of annulment, recognition and enforcement of ICSID awards,
with reference to the main awards to date; extensive annexes of
basic ICSID documents, along with texts of relevant treaties and a
chart of BITs entered into between ICSID Member States; and a
selective bibliography of resources, for those who desire a more
detailed and analytical understanding of ICSID arbitration and
ICSID case law. Guide to ICSID Arbitration will be of immeasurable
value to international investors, corporate counsel,
businesspersons, government legal advisors, interested lawyers and
arbitrators, and students of dispute resolution. Pitched at an
ideal location between academic scholarship and introductory texts,
it offers parties in all these areas a full-fledged practical guide
to the day-to-day realities of international investment dispute
resolution in today's world.
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