Arbitration is still a time- and cost-efficient, professional way of resolving cross-border disputes. However, its advantages seem to vanish if one party is obstructive and tries to delay or even sabotage the proceedings. For example, a party may initiate state court proceedings in violation of the arbitration agreement, refuse to pay the advance on costs or fail to follow a document production order of the arbitral tribunal. This work first deals with the obligations that arise from an arbit...

This book contains the four reports (preadviezen) presented at the 2019 NACIIL annual meeting on ‘Distressed debt trading: brave new EU legal rules in relation to bold new strategies’. It is easy to be critical of distressed debt investors and the practice of acquiring debt at a discount and subsequently making a profit. On the other hand, distressed debt investors provide a relatively easy and quick way out for non-professional and

professional creditors alike. Curbing the rights of dist...

In 2021, the CISG Advisory Council celebrates its twentieth anniversary. For this unique occasion the current Council members decided to publish the second edition of The CISG Advisory Council Opinions. This book contains all original Opinions and Declarations with their corresponding annexes, to which four new Opinions have been added.

The CISG Advisory Council Opinions is designed to facilitate the work on and with the The United Nations Convention on Contract for the International Sale of ...

The Hungarian Yearbook of International Law and European Law comprises a collection of articles written mainly by Hungarian authors, covering developments in the field of international law and EU law, and progress in the domestic implementation and application of these fields of law. The thematic chapter of Vol. 9 (2021), entitled ‘Public Health Emergency: National, European and International Law Responses’, tackles different legal aspects related to dealing with the consequences of COVID...

Integrating Technology into Your Dispute Resolution Practice: Making Friends with the Fourth Party is intended to offer accessible and useful advice for practitioners on how to choose and use information and communication technology in the most effective and ethical manner in the pursuit of mediation, arbitration, facilitation, and other dispute engagement modes. It is the first book to address the practice of online dispute resolution (ODR) from the point of view of the private practitioner....

Robert Spano’s career at the Strasbourg Court is exceptional, as only three and a half years after his arrival, he was elected Section President, then Vice-President of the Court before taking up the post of President on 18 May 2020.

In his role, he has put his untiring energy at the service of the protection of human rights in Europe. While his qualities as a judge were known and appreciated by all his colleagues, as was his inexhaustible knowledge of case-law, during his term as Preside...

This volume is a follow-up to the conference 'Constitutional Review and Democracy' organized from 24 to 25 November 2013 at the Faculty of Law, University of Belgrade. The conference was convened as part of the ongoing project 'Constitutionalism and Rule of Law in the Nation-State Building - the Case of Serbia'. The aim of this volume is to shed new light on the complex relation between democracy and judicial review of constitutionality. The book starts off with some general and theoretical a...

An eight-year-old girl goes on a playdate with a school friend on a spring afternoon, and the two children decide to play football in the garden. Unfortunately, the girl accidentally kicks the ball across the hedge, towards the patio of the neighbour, where it hits and breaks a porcelain vase. Should the girl’s parents compensate the neighbour for the repair of the vase? According to French law, they should – parents in France are strictly liable for damage caused by their young children....

This book deals with the topic of shareholder democracy from a comparative point of view. Shareholders have important rights which they can exercise democratically at the general meeting. They have the power to control and supervise management of the company. The term shareholder democracy relates to the different ways in which shareholders can influence or even determine a company's course of life. One of the disadvantages of shareholder democracy is a risk that most democratic systems face ...

The limitations of the present investigation impose to restrict the analysis to the trial system of the International Court of Justice (ICJ), as it is not possible to examine in depth the problem of the position of the third state. The present study intends to contribute to the reconstruction of the structural features of the intervention as not party, as foreseen by articles 62 and 63, of the International Court of Justice (ICJ) Statute. The first part of this survey is dedicated to a genera...