0
Your cart

Your cart is empty

Browse All Departments
  • All Departments
Price
  • R1,000 - R2,500 (1)
  • R2,500 - R5,000 (1)
  • -
Status
Brand

Showing 1 - 2 of 2 matches in All Departments

International Dispute Resolution and the Public Policy Exception (Hardcover): Farshad Ghodoosi International Dispute Resolution and the Public Policy Exception (Hardcover)
Farshad Ghodoosi
R4,620 Discovery Miles 46 200 Ships in 12 - 19 working days

Despite the unprecedented growth of arbitration and other means of ADR in treaties and transnational contracts in recent years, there remains no clearly defined mechanism for control of the system. One of the oldest yet largely marginalized concepts in law is the public policy exception. This doctrine grants discretion to courts to set aside private legal arrangements, including arbitration, which might be considered harmful to the "public". The exceptional and vague nature of the doctrine, along with the strong push of actors in dispute resolution, has transformed it, in certain jurisdictions, to a toothless doctrine. At the international level, the notion of transnational public policy has been devised in order to capture norms that are "truly" transnational and amenable for application in cross-border litigations. Yet, despite the importance of this discussion-a safety valve and a control mechanism for today's international and domestic international dispute resolution- no major study has ventured to review and analyze it. This book provides a historical, theoretical and practical background on public policy in dispute resolution with a focus on cross-border and transnational disputes. Farshad Ghodoosi argues that courts should adopt a more systemic approach to public policy while rejecting notions such as transnational public policy, which limits the application of those norms with mandatory nature. Contrary to the current trend, the book invites the reader to re-conceptualize the role of public policy, and transnational dispute resolution, in order to have more sustainable, fair and efficient mechanisms for resolving disputes outside of national courts. The book sheds light on one of the most important yet often-neglected control mechanisms of today's international dispute resolution and will be of particular interest to students and academics in the fields of International Investment Law, International Trade Law, Business and Economics.

International Dispute Resolution and the Public Policy Exception (Paperback): Farshad Ghodoosi International Dispute Resolution and the Public Policy Exception (Paperback)
Farshad Ghodoosi
R1,485 Discovery Miles 14 850 Ships in 12 - 19 working days

Despite the unprecedented growth of arbitration and other means of ADR in treaties and transnational contracts in recent years, there remains no clearly defined mechanism for control of the system. One of the oldest yet largely marginalized concepts in law is the public policy exception. This doctrine grants discretion to courts to set aside private legal arrangements, including arbitration, which might be considered harmful to the "public". The exceptional and vague nature of the doctrine, along with the strong push of actors in dispute resolution, has transformed it, in certain jurisdictions, to a toothless doctrine. At the international level, the notion of transnational public policy has been devised in order to capture norms that are "truly" transnational and amenable for application in cross-border litigations. Yet, despite the importance of this discussion-a safety valve and a control mechanism for today's international and domestic international dispute resolution- no major study has ventured to review and analyze it. This book provides a historical, theoretical and practical background on public policy in dispute resolution with a focus on cross-border and transnational disputes. Farshad Ghodoosi argues that courts should adopt a more systemic approach to public policy while rejecting notions such as transnational public policy, which limits the application of those norms with mandatory nature. Contrary to the current trend, the book invites the reader to re-conceptualize the role of public policy, and transnational dispute resolution, in order to have more sustainable, fair and efficient mechanisms for resolving disputes outside of national courts. The book sheds light on one of the most important yet often-neglected control mechanisms of today's international dispute resolution and will be of particular interest to students and academics in the fields of International Investment Law, International Trade Law, Business and Economics.

Free Delivery
Pinterest Twitter Facebook Google+
You may like...
Oncogenes as Transcriptional Regulators…
Moshe Vaniv, Jacques Ghysdael Hardcover R2,583 Discovery Miles 25 830
Feed Your Moon - Predictive and Mindful…
Crystal B Hardcover R668 R611 Discovery Miles 6 110
Living While Black - The Essential Guide…
Guilaine Kinouani Paperback R380 R171 Discovery Miles 1 710
Genetics from Laboratory to Society…
Gerard de Vries, K. Horstman Hardcover R1,517 Discovery Miles 15 170
Quasispecies: From Theory to…
Esteban Domingo, Peter Schuster Hardcover R5,069 Discovery Miles 50 690
Genetics Meets Metabolomics - from…
Karsten Suhre Hardcover R4,391 Discovery Miles 43 910
The Biodemography of Human Reproduction…
Joseph Lee Rodgers, Hans-Peter Kohler Hardcover R3,030 Discovery Miles 30 300
By The Light of The Night - An Oromo…
Sheiko Nagawo, Omar Hassan Hardcover R664 R599 Discovery Miles 5 990
BGE S1-S3 History: Second, Third and…
Simon Wood, Claire Wood, … Paperback R802 Discovery Miles 8 020
Heroes of World War II - A World War II…
Kelly Milner Halls Hardcover R642 R596 Discovery Miles 5 960

 

Partners