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Showing 1 - 7 of 7 matches in All Departments
Completed in 1964, Harold J. Berman's long-lost tract shows how properly negotiated, translated and formalised legal language is essential to fostering peace and understanding within local and international communities. Exemplifying interdisciplinary and comparative legal scholarship long before they were fashionable, it is a fascinating prequel to Berman's monumental Law and Revolution series. It also anticipates many of the main themes of the modern movements of law, language and ethics. In his Introduction, John Witte, Jr, a student and colleague of Berman, contextualises the text within the development of Berman's legal thought and in the evolution of interdisciplinary legal studies. He has also pieced together some of the missing sections from Berman's other early writings and provided notes and critical apparatus throughout. An Afterword by Tibor Varady, another student and colleague of Berman, illustrates via modern cases the wisdom and utility of Berman's theories of law, language and community.
With a foreword by Judge Thomas Buergenthal, International Court of Justice The present book is the first book-length monograph addressing practically all language issues likely to arise throughout the arbitration process and post-arbitration proceedings. International Commercial Arbitration is a transcultural venture and the need to bridge language differences is a part of the process. There are more and more cases in which procedural or alleged procedural deficiencies pertaining to language emerge as an issue with unforeseen and costly consequences. The author presents a comprehensive survey of questions related to language and translation in (post-)arbitral proceedings. The issues are systematized and answers to the questions are suggested and analyzed, relying primarily on arbitration and court cases, international agreements, statutes and institutional rules. As such, it allows the reader to find answers to specific questions, and also offers a distinctive comparative survey. The book provides guidance to both arbitrators and parties to arbitration as well as to judges and other participants in post-award proceedings. Tibor Varady is a Professor of Law at the Central European University, Budapest, and Emory University School of Law, Atlanta. He has been an arbitrator in no less than 200 cases. Professor Varady has been on the list of arbitrators of eight arbitral institutions in Europe, Africa and Asia.
Completed in 1964, Harold J. Berman's long-lost tract shows how properly negotiated, translated and formalised legal language is essential to fostering peace and understanding within local and international communities. Exemplifying interdisciplinary and comparative legal scholarship long before they were fashionable, it is a fascinating prequel to Berman's monumental Law and Revolution series. It also anticipates many of the main themes of the modern movements of law, language and ethics. In his Introduction, John Witte, Jr, a student and colleague of Berman, contextualises the text within the development of Berman's legal thought and in the evolution of interdisciplinary legal studies. He has also pieced together some of the missing sections from Berman's other early writings and provided notes and critical apparatus throughout. An Afterword by Tibor Varady, another student and colleague of Berman, illustrates via modern cases the wisdom and utility of Berman's theories of law, language and community.
This documents supplement contains the latest versions of arbitration's primary sources, including the New York Convention (listing the 159 country parties as of October, 2018), the UNCITRAL Arbitration Rules and UNCITRAL Model Law (including the 2006 amendments), national arbitration statutes, leading institutional rules, and Codes of Conduct for arbitrators. It contains important recent changes in these sources, such as the new 2017 ICC Arbitration Rules; the Indian Arbitration Act as amended in 2015; the 2013 amendment to the UNCITRAL Arbitration Rules; and a new document, the 2014 UNCITRAL Rules on Transparency in Treaty-Based Investor-State Arbitration.
Three generations of a family of lawyers have run a firm founded in 1893 in the small city of Becskerek (today in Serbian Zrenjanin), first part of the Austro-Hungarian Habsburg monarchy, then Hungary, then Yugoslavia, then for a while under German occupation, then again part of Yugoslavia and finally Serbia. In the Banat district of the province of Vojvodina, the multiplicity of languages and religions and changes of place-names was a matter of course. What is practically unprecedented, all files, folders and documents of the law office have survived. They concern marriages, divorces, births and testaments, as well as expulsions, emigrations, incarcerations and releases of these largely rural and small-town dwellers. Mundane cases reflect times through war, peace, revolution and counter-revolution, through serfdom and freedom, through comfort and poverty. The files also show everyday lives shaped in spite of history. Tibor Varady transforms them into affecting and vivid vignettes, selecting and commenting without sentimentality but with empathy. The law office of the three generations of the Varady family demonstrates that the legal profession permits and in difficult times even requires its members to defend the ordinary men and women against the powers of state and society.
Three generations of a family of lawyers have run a firm founded in 1893 in the small city of Becskerek (today in Serbian Zrenjanin), first part of the Austro-Hungarian Habsburg monarchy, then Hungary, then Yugoslavia, then for a while under German occupation, then again part of Yugoslavia and finally Serbia. In the Banat district of the province of Vojvodina, the multiplicity of languages and religions and changes of place-names was a matter of course. What is practically unprecedented, all files, folders and documents of the law office have survived. They concern marriages, divorces, births and testaments, as well as expulsions, emigrations, incarcerations and releases of these largely rural and small-town dwellers. Mundane cases reflect times through war, peace, revolution and counter-revolution, through serfdom and freedom, through comfort and poverty. The files also show everyday lives shaped in spite of history. Tibor Varady transforms them into affecting and vivid vignettes, selecting and commenting without sentimentality but with empathy. The law office of the three generations of the Varady family demonstrates that the legal profession permits and in difficult times even requires its members to defend the ordinary men and women against the powers of state and society.
This innovative casebook on International Commercial Arbitration-currently used on several continents- approaches the subject as uniquely transnational law. Authored by three leading arbitration experts coming from different legal backgrounds who have taught worldwide, it covers international conventions, court decisions, arbitral awards, statutes, and arbitration rules from all over the world. This thoroughly updated 7th edition includes new or expanded sections on, for example, third-party funding, enhanced transparency-particularly in investment arbitration-(amidst concerns for confidentiality), and difficulties in appointing and challenging arbitrators (concerning "issue conflict", "double hatting", and equal representation). The 7th edition adds new cases, for example, on enforcing annulled awards, the negative effect of Kompetenz-Kompetenz, and on non-arbitral issues in corporate disputes. It also adds new problems for student study and analysis. This completely updated edition includes new and current treaties and legislative acts, such as, the 2014 Convention on Transparency in Investor-State Arbitration, the 2015 amendments to the Indian Arbitration Act, the 2016 amendments to the Belgian Judicial Code and new or updated institutional rules, such as the new 2017 ICC Rules, the 2016 ICC Note to Parties and Arbitral Tribunals on the Conduct of Arbitration, the 2017 SCC Rules, the 2018 VIAC Rules, and the 2018 DIS Rules.
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