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Understanding Labor and Employment Law in China
ISBN/EAN: 9780521191487
Año editado: 2009
Idioma(s): Inglés
Páginas: 348
Understanding Labor and Employment Law in China Imprimir
Cambridge University Press
Estados Unidos de América
Autor(es) y sumario
Ronald C. Brown

Continued economic prosperity in China and its international competitive advantage have been due in large part to the labor of workers in China, who for many years toiled in under-regulated workplaces. Now, there are new labor law reforms raising the rights and standards of workers throughout China. These new laws have been praised for their progressive measures and at the same time blamed for placing too many economic burdens on companies, especially those operating on the margins and those that have caused business failures. This, combined with the recent global downturn and the millions of displaced and unemployed Chinese migrant laborers, has created ongoing debate about the new labor laws. Meanwhile the Chinese Union has organized Wal-Mart and many of the Global Fortune 500 companies and a form of collective bargaining is occurring. Workers are pursuing their legal labor rights in increasing numbers. This book provides a clear overview of the current labor and employment law environment in China and its legal requirements, as well as current practices under these laws used to deal with growing labor issues. Never has there been a time when understanding China’s labor and employment laws is more important.
Enforcement of Arbitral Awards Against Sovereigns
ISBN/EAN: 978-1-933833-29-3
Año editado: 2009
Idioma(s): Inglés
Páginas: 502
Enforcement of Arbitral Awards Against Sovereigns Imprimir
JurisNet, LLC
Estados Unidos de América
Autor(es) y sumario
Doak Bishop, Editor

The past decade has seen a veritable explosion of investment treaty and other arbitration claims brought against sovereigns. Many of those cases have been filed before the International Centre for Settlement of Investment Claims (ICSID), which has its own self-contained rules for enforcement. Given this significant increase in sovereign cases and the issues attendant to sovereign immunity, this treatise is timely in addressing the various issues that arise in enforcing arbitral awards against sovereigns.

One of the first questions posed to their counsel by clients considering the initiation of an arbitration proceeding against a sovereign state is whether and how the resulting award can be enforced. The origin of the client’s question is usually based in some knowledge that a state possesses sovereign immunity, along with an uncertain concern about the exceptions to such immunity and the difficulties of enforcement against a sovereign’s assets. This uncertainty is understandable, especially in light of the sometimes confusing and even contradictory court decisions in certain jurisdictions. It is these inquiries in their broadest application that form the subject of this treatise. With contributions by eminent and experienced practitioners of the multiple issues that have arisen in various jurisdictions and the key cases that have created the law of enforcement of obligations against sovereigns, this book will provide access to valuable information, add to the transparency of this subject and further spur the consistent development of this area of law.

This book is divided into three parts. The first part is general in nature and includes chapters encompassing the subjects of sovereign immunity in general (including both immunity from jurisdiction and immunity from enforcement), treaty obligations to honor awards, diplomatic protection by a claimant’s government to obtain payment of awards, and conciliation and settlement. The second part of the book deals with the means of enforcing awards. Part three of this treatise addresses the enforcement issues that arise in specific jurisdictions in which enforcement against sovereign assets is often sought - in particular, the United States, the United Kingdom, Switzerland, France, The Netherlands, and South America.
Investment Treaty Arbitration and International Law - Volume 3
ISBN/EAN: 978-1-933833-62-0
Año editado: 2010
Idioma(s): Inglés
Páginas: 350
Investment Treaty Arbitration and International Law - Volume 3 Imprimir
JurisNet, LLC
Estados Unidos de América
Autor(es) y sumario
Ian A. Laird and Todd J. Weiler, Editor

Investment Treaty Arbitration and International Law - Volume 3 contains the papers and proceedings of Juris Conferences, conference on Investment Arbitration. Provides commentary and analysis on core issues in investment treaty arbitration.
Investment Treaty Arbitration and International Law - Volume 2
ISBN/EAN: 978-1-933833-26-2
Año editado: 2009
Idioma(s): Inglés
Páginas: 350
Investment Treaty Arbitration and International Law - Volume 2 Imprimir
JurisNet, LLC
Estados Unidos de América
Autor(es) y sumario
Ian A. Laird and Todd J. Weiler, Editor

Investment Treaty Arbitration and International Law Volume 2 contains the papers and proceedings of Juris Conferences conference on Investment Arbitration. Provides commentary and analysis on core issues in investment treaty arbitration.
Investment Treaty Arbitration and International Law - Volume 1
ISBN/EAN: 978-1-933833-18-7
Año editado: 2008
Idioma(s): Inglés
Páginas: 350
Investment Treaty Arbitration and International Law - Volume 1 Imprimir
JurisNet
Estados Unidos de América
Autor(es) y sumario
Todd Weiler, Editor

The number of investment treaty arbitration cases filed each year is increasing rapidly.

This publication contains the papers and proceedings of Juris Conferences first annual conference on Investment Arbitration and reflects a trend that also exists in investment treaty arbitration: a coming together of the new and the familiar. The conference format included a group of ten "up and coming" members of the investment treaty arbitration bar, who drafted the papers that appear in the chapters of this book. The topics of their papers were discussed and debated amongst a group of treaty arbitration veterans, many of whom are currently drafting the awards and essays that have and will form the corpus of international investment law. Their contributions to this project can be found in the five-session transcripts also contained within this volume.

The five topics addressed in this volume are certainly contemporary but should nonetheless remain relevant to practitioners and academics for years to come.

They include:

•A Look Inside the Umbrella Clause Debate
•Are the ICSID Rules Governing Nationality and Investment Working?
•The Necessity Defense for Investment Law
•MNF Treatment
•National Treatment – Is Discriminatory Intent Relevant?
The Swiss International Arbitration Law Reports
ISBN/EAN: 1942-7581
Año editado: 2008
Idioma(s): Inglés
Páginas:  
The Swiss International Arbitration Law Reports Imprimir
JurisNet, LLC
Estados Unidos de América
Autor(es) y sumario
Paolo Michele Patocchi and Matthias Scherer, Editors

The Swiss International Arbitration Law Reports provides for the first time a full English translation of the decisions made by the Swiss Federal Supreme Court on a biannual basis, irrespective of whether the original decision was published in the German, French or Italian language, or whether the decision has been officially published or is simply available on the Court’s website. The English translation is presented in parallel to the original text of each decision, and it is preceded by a head note and a summary of the decision for the reader in a hurry. All decisions directly relating to international arbitration will be translated, including those that deal with setting aside proceedings, the enforcement of arbitration agreements or the recognition and enforcement of foreign arbitral awards in Switzerland under the New York Convention, 1958.

Switzerland is historically one of the preferred venues for international commercial arbitration. Arbitrations taking place in Switzerland relate not only to contracts between European corporations, but also to contracts made in East-West trade or contracts between parties in the Northern and the Southern hemisphere.

The most important decisions on international arbitration are made by Switzerland’s highest court, the Federal Supreme Court. Anyone who needs to consider the position of the Swiss law on international arbitration is bound to consult these decisions. In addition, due to the leading role of Switzerland in international arbitration, the Court’s decisions are frequently relied upon by arbitral tribunals in international arbitrations outside Switzerland.

This work is edited by two well-known Swiss practitioners, both of whom are engaged full-time in international arbitration as counsel and arbitrators, and have published widely on issues of international law and arbitration.

This publication will be of great use to arbitrators, the parties and their lawyers as well as commentators who will benefit from access to case law in one key jurisdiction for international arbitration.
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