This second edition of Mis-Selling Financial Services is a practical guide to litigating claims arising from the mis-sale of financial products and services. It covers the history of 'mis-selling' litigation and provides an updated overview of the regulatory landscape and how such claims are formulated, as well as a thorough review of the key issues. The revised chapters give an in-depth analysis of the financial products which most commonly form the subject of such claims, from credit to collective investment schemes.
After decades of focus on harmonization, which for too many represents no more than Western legal dominance and a largely homogeneous arbitration practitioner community, this ground-breaking book explores the increasing attention being paid to the need for greater diversity in the international arbitration ecosystem. It examines diversity in all its forms, investigating how best to develop an international arbitral order that is not just tolerant of diversity, but that sustains and promotes diversity in concert with harmonized practices.
This timely book reconciles the competing objectives of intellectual property and international investment agreements. Throughout, Pratyush Nath Upreti examines the issues arising from recent intellectual property disputes in investment arbitration from the perspectives of national and international legal orders, providing a normative analysis to resolve the tension brought by intellectual property and investor-state dispute settlement interactions.
This book studies three interrelated frontiers in civil justice from European and national perspectives, combining theory with policy and insights from practice: the interplay between private and public justice, the digitisation of justice, and litigation funding. These current topics are viewed against the backdrop of the requirements of effective access to justice and the overall goal of establishing a sustainable civil justice system in Europe.
This incisive Research Handbook identifies and assesses the emerging trends in competition enforcement, investigating how such changes impact the enforcement approach of competition authorities and the behaviour of companies in an ever-evolving business and regulatory environment.
This title contains one or more Open Access chapters.
This incisive book provides a comprehensive overview of the WTO dispute settlement practice from 1995 up until the present day, illustrating the need for it to be resurrected from its current state of crisis. The WTO Dispute Settlement System will prove an essential read for students and scholars of WTO law, as well as lawyers, political scientists and policy-oriented economists interested in the WTO dispute settlement system.
The reform of Investor-State Dispute Settlement (ISDS) is a subject of ongoing debate in international institutions, yet an ASEAN perspective on the subject has been largely absent to date. This book addresses that gap by presenting, analysing and assessing ISDS reform from an ASEAN perspective, taking into account the experience, needs and concerns of ASEAN as a community and of its member states.
Expertly combining negotiation theory and practice, Negotiation and Dispute Resolution for Lawyers demonstrates how lawyers can deliver enhanced levels of service to their clients. Comprehensive and engaging, the book is a lawyer’s guide to resolving conflict, negotiating deals, preserving important client relationships, and ultimately becoming truly effective problem solvers.
As the arbitration of internal trust disputes has attracted significant attention amongst the arbitration and trust law communities in recent years, Arbitration of Trust Disputes provides a timely and comprehensive examination of the ways of overcoming challenges associated with trust arbitration, including human rights and natural justice issues. Including commentary on existing trust arbitration statutes, including the ECHR and the Hague Trust Convention, it draws comparisons between trust and arbitration law in multiple commonwealth jurisdictions to determine how trust arbitration could work in each system, while providing guidance for the drafting of trust arbitration clauses.
Offering a comprehensive commentary on the Brussels I bis Regulation, chapters
outline the origins and evolution of each article before delving into their
interpretation in view of the case law of the European Court of Justice. Its
exhaustive evaluation of the corresponding case law demonstrates key precedents
which can be applied to practical problems in the field related to jurisdiction,
recognition and enforcement of decisions.