Commercial Fraud

International Civil Fraud: A Multi-Jurisdictional Practitioners' Guide

By Louis Flannery
Sweet & Maxwell U.K. December 2013

Specifications

ISBN-13
9780414027879
Publisher
Sweet & Maxwell U.K.
Publication
December 2013
Format
Hardback , 500 pages
Jurisdiction
International ? Countri(es) for reference only

Details

There is an increasing demand for advice regarding the legal framework applicable to frauds in foreign jurisdictions. This new book is to meet this demand by providing a single starting point of references for clients and advisers relating to international civil fraud.

Table of Contents

  • Civil fraud obligations
  • Main elements of a cause of action  (conspiracy; deceit; fraudulent breach of contract; breach of fiduciary duty)
  • Remedies available (damages; restitution; specific performance; declaratory relief)
  • Bases on which damages for civil fraud may be calculated
  • Interim relief
  • Bars to relief
  • Advantages / disadvantages to pleading fraud
  • Features of civil fraud law development
  • Requirements of issuing proceedings
  • Requirements for enforcing interim injunctions from abroad

About the Author

Louis Flannery is a partner and head of international arbitration. He specialises in arbitration and litigation in all industry sectors and in all fora with a particular emphasis on fraud and/or conflict law issues in litigation work.

He has extensive experience of international commercial arbitration and investment treaty cases, as well as substantial High Court litigation in England and many foreign jurisdictions. As a practising solicitor advocate, he has undertaken advocacy before international tribunals and courts (in Europe, the Middle East, Asia, Africa and the USA), including the High Court and Court of Appeal.
Louis has advised on disputes in respect of some 50 different jurisdictions. He advises a wide range of clients including banks, governments, corporations and individuals.

Types of arbitration include: joint ventures; shipping and charter parties; commodities; banking; engineering; film and television; general contract with a particular specialism in enforcement of awards, and investment treaty claims.

Louis is a visiting lecturer on International Commercial Arbitration at Brunel and Southampton Universities. He was made a Chartered Arbitrator by the Chartered Institute of Arbitrators in 2011 (of which he is a Fellow and an approved course tutor). He is also an associate member of the London Court of International Arbitration, and a Fellow of the Royal Geographical Society.


Contributors:

1. Austria- Dorda Brugger Jordis
2. British Virgin Islands- 
Codan
3. Cayman Islands- Codan
4. Cyprus- Patrikios Pavlou & Associates LLC
5. Denmark- Bruun & Hjejle
6. France- 
Vigo
7. Guernsey- Ao Hall
8. Ireland- 
Mason Hayes & Curran 
9. Jersey- 
Voisin
10. Kenya- 
Anjarwalla & Khana
11. Kuwait- ASAR Legal
12. Liechtenstein- Advokaturbüro Dr Batliner & Dr Gasser
13. The Netherlands- Conway & Partners
14. Nigeria- Aluko & Oyebode
15. Norway- Simonson Vogt Wiig AS
16. Portugal- Morais Leitâo, Galvâo Teles
17. Spain- Perez Llorca
18. Switzerland- Lalive
19. Turkey- Baspinar & Partners
20. England & Wales- Stephenson Harwood
21. Ukraine- Integrities
22. USA- Hughes Hubbard & Reed LLP
23. Sweden- Setterwalls

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