litigation in the netherlands civil procedure arbitration and administrative litigation 2nd edition dutch business law series

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Litigation In The Netherlands

Author : Marieke van Hooijdonk
ISBN : 9789041128553
Genre : Law
File Size : 73. 98 MB
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This book offers the ideal way for a foreign lawyer to get in touch with litigation practice and procedure in the Netherlands. Whether a lawyer comes to Dutch litigation in the normal course of business, or whether the brief and inexpensive kort geding (preliminary relief proceedings) is the main attraction, this concise guide provides a solid understanding of the practical implications of Dutch litigation. This is the indispensable tool for meaningful exchanges with your Dutch litigation counsel, prior or during any lawsuit.

Consumer Adr In Europe

Author : Christopher Hodges
ISBN : 9781847319425
Genre : Law
File Size : 21. 24 MB
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This is the first systematic comparative study into how consumer ADR systems (usually ombudsmen and médiateurs) work, the differing national architectures within which they operate and how they can be improved. It describes ADR schemes in Belgium, France, Germany, Lithuania, the Netherlands, Poland, Slovenia, Spain, Sweden and the United Kingdom as well as emerging pan-EU dispute resolution schemes. Use of the techniques of mediation, conciliation and adjudication are noted. It also covers EU measures on consumer ADR, and 2011 proposals for legislation on ADR and ODR. Data on volumes, cost and duration of ADR schemes are compared, both between different systems and with courts. The authors' findings underpin EU and national developments, and outline options for future policy. Findings and proposals are included for the functions, scope, performance, essential requirements, architecture and operation of ADR systems. The relationships between ADR, courts and regulators are discussed, and need for reforms are noted. This is a ground-breaking work that will have a major impact on European legal systems.

Zivilprozessuale Gruppenvergleichsverfahren

Author : Matthis Peter
ISBN : 9783161559358
Genre : Law
File Size : 81. 26 MB
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The Civil Code Of The Netherlands

Author : Netherlands
ISBN : 9789041127662
Genre : Law
File Size : 66. 71 MB
Format : PDF, ePub
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This second edition of The Civil Code of the Netherlands will be an invaluable tool for lawyers, businessmen and students in their practice of, research or study into Dutch Law. The first edition, published in 2009, reflected the Civil Code as in effect on 1 October 2008. Since then it has been supplemented by significant new statutory provisions, the most important of which is the addition of Book 10 (Private International Law), which entered into force on 1 January 2012. The translators, who continually strive to update, improve and modernise their translation, are Hans Warendorf, a Dutch advocaat and former senior partner of a leading Dutch law firm; Richard Thomas, a solicitor of the Supreme Court of England & Wales and London partner of the international law firm Vedder Price, both experienced cross-border legal practitioners who have worked together as a translation team for more than twenty years; and Dr. Ian Curry-Sumner, founder of the Dutch legal advice firm Voorts Legal Services in Utrecht, with more than 10 years' experience translating and lecturing Dutch family and inheritance law.

Review Of Civil Litigation Costs

Author : Rupert M. Jackson
ISBN : 0117064033
Genre : Actions and defenses
File Size : 84. 89 MB
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In January 2009 the then Master of the Rolls, Sir Anthony Clarke, appointed Lord Justice Jackson to lead a fundamental review of the rules and principles governing the costs of civil litigation and to make recommendations in order to promote access to justice at proportionate cost. Sir Rupert's preliminary report, published in May 2009, is the product of fact-finding, research and investigations over a four-month period and serves to establish: how present costs rules operate and how they impact on the behaviour of both parties and lawyers; the effect case management procedures have on costs and whether changes in process could bring about more proportionate costs; a comparison for the costs regime for England and Wales with those operating in other jurisdictions. This report was published online in May 2009, beginning a period of consultation. The final report (ISBN 9780117064041) is released alongside this printed version of the preliminary report and contains extensive cross-references to it.

Law And Practice Of Investment Treaties

Author : Andrew Paul Newcombe
ISBN : 9789041123510
Genre : Law
File Size : 22. 58 MB
Format : PDF
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Foreign investors enjoy the protection of a vast network of international investment agreements (IIAs) supplemented by the general rules of international law. Under IIAs, states must accord foreign investors substantive standards of promotion and protection. In addition, IIAs provide an investor-state arbitration mechanism that allows foreign investors to enforce these standards against host states. In response to disputes arising under the IIA regime, since the early 1990s a significant body of arbitral jurisprudence has developed. This book provides a comprehensive and systematic explanation of these standards of treatment, taking into account developments in treaty practice and arbitral jurisprudence. Where possible, the authors critically examine the applicable principles emerging from treaty practice and jurisprudence. The book focuses on the substantive protections accorded to foreign investors and investments. Among the many specific issues and topics that arise in the course of the analysis are the following: the origins and evolution of the international investment treaty framework; the interaction between international and national law in the resolution of IIA disputes and the interpretation of IIAs; the role IIAs play in investment liberalization and their interaction with other areas of international economic law; the relationship between treaty and customary international law standards; the development of norms of non-discrimination and minimum standards of treatment, including fair and equitable treatment; the meaning of expropriation and conditions for lawful expropriations; the rules relating to transfer of funds, performance requirements and transparency; and exceptions and defences to investment treaty obligations. International business and other investors will greatly appreciate the in-depth information and insightful guidance in this solidly useful book. It will also be welcomed by jurists and students as a significant milestone in the articulation of principles in a quickly growing field of international law.

Human Rights In Business

Author : Juan José Álvarez Rubio
ISBN : 9781351979153
Genre : Law
File Size : 53. 23 MB
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The capacity to abuse, or in general affect the enjoyment of human, labour and environmental rights has risen with the increased social and economic power that multinational companies wield in the global economy. At the same time, it appears that it is difficult to regulate the activities of multinational companies in such a way that they conform to international human, labour and environmental rights standards. This has partially to do with the organization of companies into groups of separate legal persons, incorporated in different states, as well as with the complexity of the corporate supply chain. Absent a business and human rights treaty, a more coherent legal and policy approach is required. Faced with the challenge of how to effectively access the right to remedy in the European Union for human rights abuses committed by EU companies in non-EU states, a diverse research consortium of academic and legal institutions was formed. The consortium, coordinated by the Globernance Institute for Democratic Governance, became the recipient of a 2013 Civil Justice Action Grant from the European Commission Directorate General for Justice. A mandate was thus issued for research, training and dissemination so as to bring visibility to the challenge posed and moreover, to provide some solutions for the removal of barriers to judicial and non-judicial remedy for victims of business-related human rights abuses in non-EU states. The project commenced in September 2014 and over the course of two years the consortium conducted research along four specific lines in parallel with various training sessions across EU Member States. The research conducted focused primarily on judicial remedies, both jurisdictional barriers and applicable law barriers; non-judicial remedies, both to company-based grievance. The results of this research endeavour make up the content of this report whose aim is to provide a scholarly foundation for policy proposals by identifying specific challenges relevant to access to justice in the European Union and to provide recommendations on how to remove legal and practical barriers so as to provide access to remedy for victims of business-related human rights abuses in non-EU states.

Core Concepts In The Dutch Civil Code

Author : Clementine Geertruida Breedveld-de Voogd
ISBN : 9013137253
Genre :
File Size : 54. 55 MB
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Civil Litigation In A Globalising World

Author : X.E. Kramer
ISBN : 9789067048163
Genre : Law
File Size : 56. 62 MB
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Globalization of legal traffic and the inherent necessity of having to litigate in foreign courts or to enforce judgments in other countries considerably complicate civil proceedings due to great differences in civil procedure. This may consequently jeopardize access to justice. This triggers the debate on the need for harmonization of civil procedure. In recent years, this debate has gained in importance because of new legislative and practical developments both at the European and the global level. This book discusses the globalization and harmonization of civil procedure from the angles of legal history, law and economics and (European) policy. Attention is paid to the interaction with private law and private international law, and European and global projects that aim at the harmonization of civil procedure or providing guidelines for fair and efficient adjudication. It further includes contributions that focus on globalization and harmonization of civil procedure from the viewpoint of eight different jurisdictions. This book is an unique combination of theory and practice and valuable for academic researchers in the area of civil procedure, private international law, international law as well as policy makers (national and EU), lawyers, judges and bailiffs.

The International Law Of Investment Claims

Author : Zachary Douglas
ISBN : 9780521855679
Genre : Law
File Size : 34. 83 MB
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This book is a codification of the principles and rules relating to the prosecution of investment claims.

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