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Books on the topic 'Law applicable to the merits'

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Published: 25 May 2024

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1

Virginia. Code of Virginia (applicable sections). [Richmond]: The Board, 1995.

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Virginia. Code of Virginia (applicable sections). [Richmond]: The Board, 1996.

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3

Diassi, François Mactar. Survol du droit sénégalais applicable au mariage. Dakar: [s.n., 1994.

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4

Gabon. Régime applicable aux investissements touristiques. Libreville: Centre gabonais de promotion touristique, 2001.

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5

Cordero-Moss, Giuditta, ed. Boilerplate Clauses, International Commercial Contracts and the Applicable Law. Cambridge: Cambridge University Press, 2009. http://dx.doi.org/10.1017/cbo9780511667503.

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Judiciary, Gambia. Rules of Islamic personal law applicable in the Gambia. [Serrekunda, Gambia]: Judiciary of the Gambia, 2012.

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7

Boilerplate clauses, international commercial contracts and the applicable law. 3rd ed. Cambridge [etc.]: Cambridge University Press, 2011.

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8

Library of Congress. Congressional Research Service, ed. Federal tax law peculiarly applicable to members of Congress. [Washington, D.C.]: Library of Congress, Congressional Research Service, 1987.

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9

Peter, Byrne. Rome Convention on the Law Applicable to Contractural Obligations. Wicklow [Ireland]: Baikonur, 1996.

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10

Madagascar. Code minier applicable à Madagascar (Loi no 99-022). [Antananarivo]: Impr. nationale, 2000.

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11

Naarajärvi, Pia. Which law, which forum?: Jurisdiction and applicable law in international electronic commerce. Helsinki: Werner Söderström Corporation, 2002.

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12

Vedasto, Audax Kahendaguza. Laws applicable and internal conflict of laws in Tanzania. Dar es Salaam: IDEA International Publishers, 2009.

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13

Laws applicable and internal conflict of laws in Tanzania. Dar es Salaam: IDEA International Publishers, 2009.

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14

Vedasto, Audax Kahendaguza. Laws applicable and internal conflict of laws in Tanzania. Dar es Salaam: IDEA International Publishers, 2009.

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15

Rao, Kande Prasada. Law applicable to Christians in India: Marriage and matrimonial causes. 2nd ed. Delhi: Universal Law Pub. Co., 2003.

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16

Madagascar. Code des assurances applicable à Madagascar: (Loi no 99-013). [Antananarivo]: Impr. nationale, 1999.

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17

d'Ivoire, Côte. Code électoral applicable aux élections de sortie de crise. Abidjan: Juris-éditions, 2011.

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18

d'Ivoire, Côte. Code électoral applicable aux élections de sortie de crise. Abidjan: Juris-éditions, 2011.

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19

Albert, Aggrey, ed. Code électoral applicable aux élections de sortie de crise. Abidjan: Juris-éditions, 2011.

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20

Agence pour la promotion industrielle de la Guadeloupe., ed. The Tax and customs systems applicable in Guadeloupe. [Pointe-à-Pitre?]: APRIGA, 1985.

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21

Bilgehan, Orhan Zihni. Evidence law applicable in civil matters and cases reported in Cyprus law reports. Famagusta: O. Z. Bilgehan, 2007.

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22

Schmitt, Michael N., ed. Tallinn Manual on the International Law Applicable to Cyber Warfare. Cambridge: Cambridge University Press, 2013. http://dx.doi.org/10.1017/cbo9781139169288.

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23

(1985), Hague conference on private international law. Law applicable to contracts for the international sale of goods. The Hague: Permanent bureau of the conference, 1985.

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24

Mills, James Odartey. AIDS law: Laws applicable to HIV/AIDS issues in Ghana. 2nd ed. Accra: Ghana AIDS Commission, 2007.

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25

Britain, Great. Contracts (Applicable law) Act 1990: Elizabeth II. 1990. Chapter 36. London: H.M.S.O., 1990.

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26

Hague conference on private international law. (1985). Law applicable to contracts for the international sale of goods. The Hague: Permanent bureau of the conference, 1987.

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27

Mills, James Odartey. AIDS law: Laws applicable to HIV/AIDS issues in Ghana. 2nd ed. Accra: Ghana AIDS Commission, 2007.

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28

Mills, James Odartey. AIDS law: Laws applicable to HIV/AIDS issues in Ghana. 2nd ed. Accra: Ghana AIDS Commission, 2007.

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29

Berg, A. J. van den., T.M.C. Asser Instituut., International Council for Commercial Arbitration., and International Arbitration Congress (12th : 1994 : Vienna, Austria), eds. Planning efficient arbitration proceedings.: The law applicable in international arbitration. The Hague: Kluwer Law International, 1996.

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30

Mills, James Odartey. AIDS law: Laws applicable to HIV/AIDS issues in Ghana. 2nd ed. Accra: Ghana AIDS Commission, 2007.

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31

Gabrielle, Kaufmann-Kohler, and Rigozzi Antonio. 7 The Law Applicable to the Merits and the Award. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780199679751.003.0007.

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Before describing the main features of an award, this chapter discusses the determination of the law governing the merits of the dispute or lex causae. It considers the role of party autonomy in this respect and examines the scope and content of the potentially applicable substantive laws that may be chosen by the parties or selected by arbitral tribunals, from national laws to transnational rules of law (the so-called lex mercatoria) over trade usages and ex aequo et bono principles. It also discusses the relevance and impact of international public policy and overriding or internationally mandatory rules. Turning to the award, the last part of the chapter sets out a typology of arbitral decisions, addresses the required form and content of awards and discusses the deliberation process as well as issues such as institutional scrutiny, dissenting opinions, and the notification, publication, and effects of the award.

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32

Georg, von Segesser. IV Trust Arbitration as a Matter of International Law, 19 Arbitrating Trust Disputes: Effect of the Hague Convention on the Law Applicable to Trusts and on Their Recognition. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198759829.003.0019.

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This chapter examines the effect of the Hague Convention on the Law Applicable to Trusts and on their Recognition (Hague Trust Convention) on the law applicable to the arbitration of trust disputes. It also considers the extent to which arbitrators can apply the conflict of laws rules of the convention in cases where the parties have not agreed that these rules should govern the issues in dispute. The chapter is organized as follows. Section II addresses the selection of the applicable substantive law by arbitral tribunals in cases where the parties have not agreed on the applicable law. Sections III and IV cover international conventions and, in particular the Hague Trust Convention, as sources for the selection of the applicable law. Section V deals with the validity and effect of arbitration agreements while Section VI considers the effects of a choice of-law-clause and the binding effect of such a clause for the arbitral proceedings. Section VII addresses the effect of specific conflict of laws rules of the Hague Trust Convention on the law applicable to the merits in international trust arbitration disputes.

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33

John L, Gardiner, Kuck Lea Haber, and Bédard Julie. 9 Discovery. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198753483.003.0010.

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This chapter considers the laws and practices pertaining to discovery. Discovery refers both to the process whereby the parties exchange information among themselves and also seek information from third parties in order to assess the merits of their respective cases, prepare for an evidentiary hearing on the merits of their dispute, and make necessary submissions to the arbitration tribunal. When the arbitration is venued in New York, the first issue for consideration is what the arbitration agreement itself provides, if anything, about the scope of permissible discovery. This is because both federal and New York law place party autonomy at the top of the pyramid of considerations when looking at the applicable procedure for an arbitration, including discovery issues. Arbitration rules and statutory provisions also are relevant.

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34

Jeffrey, Golden, and Lamm Carolyn, eds. International Financial Disputes. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780199687862.001.0001.

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This book provides specialist work on the arbitration of international financial disputes. The work covers commercial and investment arbitrations and considers the merits of and relationship between the various types of dispute resolution (mediation, arbitration, and litigation). International arbitration is a growth area and financial disputes have been a consequence of the financial crisis. The need for more specialist knowledge during the conduct of disputes involving complex financial instruments has become particularly apparent in recent years. This book explains the various financial products including debt and equity instruments, currencies, commodities, derivatives, and Islamic instruments and provides guidance on how to draft arbitration clauses with these products in mind. In the part on theories of liability, the issues of applicable law, expropriation, discrimination, fair and equitable treatment, and umbrella clauses are discussed. There are separate chapters on remedies and choice of law, in addition to the more procedural aspects of enforcement and expert witness. The interplay between mediation and arbitration is analysed and explained.

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35

Spiermann, Ole. Applicable Law. Oxford University Press, 2008. http://dx.doi.org/10.1093/oxfordhb/9780199231386.013.0003.

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36

Pascal, Pichonnaz, and Gullifer Louise. Part II Jurisdiction and Applicable Law, 4 Applicable Law. Oxford University Press, 2014. http://dx.doi.org/10.1093/law/9780199698080.003.0004.

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37

Joongi, Kim. 5 Applicable Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198755432.003.0005.

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This chapter focuses on the choice and enforcement of applicable law in arbitration agreements. In international arbitration cases, Article V(1)(a) of the New York Convention provides that the validity of an arbitration agreement should be first determined under the law to which the parties have subjected it or, failing any indication thereon, under the law of the country where the award was made. Hence, if the parties have not chosen the applicable law for an arbitration agreement, ‘the default rule’ is that the law of the place of arbitration shall apply. This chapter addresses the question as it applies to Korea and considers cases where conflict or a misapplication of the law is in effect. Moreover, it also covers several cases in which courts have applied the Act on International Private Law (AIPL), Korea’s conflict-of-laws statute, to determine the applicable law.

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38

William A, Schabas. Part 2 Jurisdiction, Admissibility, and Applicable Law: Compétence, Recevabilité, Et Droit Applicable, Art.21 Applicable law/Droit applicable. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198739777.003.0026.

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This chapter comments on Article 21 of the Rome Statute of the International Criminal Court. Article 21 is an important innovation since none of the previous statutes of international criminal tribunals has contained a provision dealing with ‘applicable law’. Article 21(1) imposes a hierarchy of sources, with a three-tiered cascade of applicable norms. Article 21(2) contemplates the case law of the Court, but without indicating where it fits within the hierarchy. Article 21(3) does not, strictly speaking, provide a new source. Rather, it makes all of the applicable law in article 21 subject to ‘internationally recognized human rights’.

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39

Van Damme, Isabelle. Jurisdiction, Applicable Law, and Interpretation. Oxford University Press, 2009. http://dx.doi.org/10.1093/oxfordhb/9780199231928.013.0012.

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40

Contracts (Applicable Law) Act 1990. Stationery Office Books, 1990.

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41

Duffy, Helen, Janina Dill, and Ziv Bohrer. Law Applicable to Armed Conflict. University of Cambridge ESOL Examinations, 2020.

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42

Duffy, Helen, Janina Dill, and Ziv Bohrer. Law Applicable to Armed Conflict. University of Cambridge ESOL Examinations, 2020.

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43

Duffy, Helen, Janina Dill, and Ziv Bohrer. Law Applicable to Armed Conflict. University of Cambridge ESOL Examinations, 2020.

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44

Duffy, Helen, Janina Dill, and Ziv Bohrer. Law Applicable to Armed Conflict. Cambridge University Press, 2020.

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45

Fleck, Dieter. The Law Applicable to Peace Operations. Edited by Andrew Clapham and Paola Gaeta. Oxford University Press, 2014. http://dx.doi.org/10.1093/law/9780199559695.003.0009.

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This chapter examines issues within the wider field of peace operations, focusing on gaps and policy problems of legal regulation. Section II begins by looking at frictions that evolved during the genesis of these operations and their current legal challenges. Section III takes a critical look at the existing legal basis and political control of these operations. Section IV comments on the status of peacekeepers in the host country and in transit states. Section V examines select issues of applicable law and policy for the conduct of peace operations. These include security and safety; command and control; freedom of movement, communications, and logistic support; and relevant operational law issues including compliance by peacekeepers with human rights obligations, protection of civilians, force protection, and operational detentions. Section VI discusses problems concerning the accountability of sending states, international organizations, and individual wrongdoers in context with fact-finding, judicial control, and the desirability of their improvement. Finally, Section VII draws some conclusions, focusing on implementation gaps and desirable legal developments.

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46

Kjos, Hege Elisabeth. Applicable Law in Investor-State Arbitration. Oxford University Press, 2013.

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47

Prasada, Kande. Law Applicable to Christians in India. Universal Law Publishing Co Ltd, 2004.

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48

Begic, Taida. Applicable Law in International Investment Disputes. Eleven International Publishing, 2005.

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49

Jeffery, Commission, and Moloo Rahim. 1 The Law Applicable to Procedural Issues. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198729037.003.0001.

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This chapter examines the various sources of procedural law in investment arbitration and articulates a hierarchy among those sources. It first considers the procedural law selected by the parties to the arbitration, emphasizing the fact that some of the laws selected by the parties impose mandatory rules that cannot then be deviated from, while others are binding, unless the parties later decide on a separate course. It then explains how the appropriate governing rules can be determined when the rules selected by the parties are silent. In particular, it describes the arbitral tribunals' role to fill gaps in the rules and suggests that, in doing so, the tribunals and the parties rely on the context of the applicable procedural rules, certain soft law protocols, and prior arbitral practice for guidance.

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50

Bartels, Lorand. Applicable Law Before International Courts and Tribunals. Oxford University Press, 2015.

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