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International Dispute Resolution: Selected Issues in International Litigation and Arbitration

International Dispute Resolution: Selected Issues in International Litigation and Arbitration

Author: Vesna Lazic; Steven Stuij
Publisher: T.M.C. Asser Press
ISBN: 9789462652514
Published In: August 2018
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

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The contributions in this book cover a wide range of topics within modern dispute resolution, which can be summarised as follows: harmonisation, enforcement and alternative dispute resolution. In particular, it looks into the impact of harmonised EU law on national rules of civil procedure and addresses the lack of harmonisation in the US regarding the recognition and enforcement of foreign judgments. Furthermore, the law on enforcement is examined, not only by focusing on US law, but also on how to attach assets in order to enforce a judgment. Finally, it addresses certain types of alternative dispute resolution. In addition, the book looks into the systems and cultures of dispute resolution in several regions of the world, such as the EU, the US and China, that have a high impact on globalisation. Hence, the book is diverse in the sense of dealing with multiple issues in the field of modern dispute resolution.

The book offers explorations of the impact of international rules and EU law on domestic civil procedure, through case studies from, among others, the US, China, Belgium and the Netherlands. The relevance of EU law for the national debate and its impact on the regulation of civil procedure is also considered. Furthermore, several contributions discuss the necessity and possibility of harmonisation in the emergency arbitrator mechanisms in the EU. The harmonisation of private international law rules within the EU, particularly those of a procedural nature, is juxtaposed to the lack thereof in the US. Also, the book offers an overview of the current dispute settlement mechanisms in China.

The book is primarily meant for legal academics in private international law and civil procedure. It will also prove useful to practitioners regularly engaged in cross-border dispute resolution and will be of added value to advanced students, as well as to those with an interest in international litigation and more generally in the area of dispute resolution.

Chapter 1. Considerations on the Impact of EU law on National Civil Procedure: Recent Examples from Belgium

Chapter 2. The Internationalisation of Procedural Law: the Law on Execution and Attachment Orders

Chapter 3. Harmonisation of Conflict of Law Rules in the US? The Example of Recognition and Enforcement of Foreign Money Judgments

Chapter 4. The Harmonisation of Interim Measures Granted by the Emergency Arbitrator in the European Union

Chapter 5. Resolving Foreign Direct Investment-related Disputes in China's Legal System: What to Expect and How to Understand?.

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