Recognition and Enforcement
Author: Haggai Carmon
Publisher: Springer Science & Business Media
A judgment in a civil matter rendered in a foreign country is not automatically recognized in Israel. Before a judgment will be recognized or enforced, it must first undergo a domestic integration process. A declaration that a foreign judgment is enforceable in Israel is dependent upon its meeting certain conditions specified by statute, irrespective of whether recognition of the foreign judgment is indirect or direct. These conditions serve as the main route for giving validity to foreign in rem judgments and to personal status judgments, which cannot otherwise be enforced; recognition of a judgment as enforceable, however, enables it to be executed. The book integrates lucid, theoretical analysis of the issues of enforcement and recognition of foreign judgments with practical instructions. It thus serves as a valuable guide for anyone seeking answers to the questions examined in the book, whether in the context of international commerce or to resolve transnational legal disputes. Despite the complexity of the questions addressed in the book, they are given accurate and easily understandable answers. Haggai Carmon’s book grapples with the range of issues arising from the recognition of foreign judgments and their enforcement, i.e., the declaration that they are enforceable judgments. The book thoroughly and methodically examines these issues...Haggai Carmon has outstanding expertise in international law. He has a breadth of legal knowledge and extensive experience in both the theoretical and practical aspects of both private and public international law. He serves as legal counsel to commercial entities as well as foreign governmental agencies; amongst others, he is an outside legal counsel to the government of the United States. As this text reflects, Haggai Carmon is also a first-rate scholar and he shares his knowledge in a style that is suitable to every reader. -Eliezer Rivlin, Deputy Chief Justice, the Israel Supreme Court
Author: Robert E. Lutz
Publisher: Cambridge University Press
This 2007 book assists lawyers in navigating the procedures and strategies in enforcing foreign judgments.
Author: American Bar Association. Section of International Law and Practice
Publisher: Section of International Law
Author: Shimon Shetreet,Walter Homolka
Publisher: Walter de Gruyter GmbH & Co KG
This book provides a concise introduction to the basics of Jewish law. It gives a detailed analysis of contemporary public and private law in the State of Israel, as well as Israel’s legal culture, its system of government, and the roles of its democratic institutions: the executive, parliament, and judiciary. The book examines issues of Holocaust, law and religion, constitutionalization, and equality. It is the ultimate book for anyone interested in Israeli Law and its politics. Authors Shimon Shetreet is the Greenblatt Professor of Public and International Law at the Hebrew University of Jerusalem, Israel. He is the President of the International Association of Judicial Independence and World Peace and heads the International Project of Judicial Independence. In 2008, the Mt. Scopus Standards of Judicial Independence were issued under his leadership. Between 1988 and 1996, Professor Shetreet served as a member of the Israeli Parliament, and was a cabinet minister under Yitzhak Rabin and Shimon Peres. He was senior deputy mayor of Jerusalem between 1999 and 2003. He was a Judge of the Standard Contract Court and served as a member of the Chief Justice Landau Commission on the Israeli Court System. The author and editor of many books on the judiciary, Professor Shetreet is a member of the Royal Academy of Science and Arts of Belgium. Rabbi Walter Homolka PhD (King’s College London, 1992), PhD (University of Wales Trinity St. David, 2015), DHL (Hebrew Union College, New York, 2009), is a full professor of Modern Jewish Thought and the executive director of the School of Jewish Theology at the University of Potsdam (Germany). The rector of the Abraham Geiger College (since 2003) is Chairman of the Leo Baeck Foundation and of the Ernst Ludwig Ehrlich Scholarship Foundation in Potsdam. In addition, he has served as the executive director of the Masorti Zacharias Frankel College since 2013.The author of "Jüdisches Eherecht" and other publications on Jewish Law holds several distinctions: among them the Knight Commander’s Cross of the Austrian Merit Order and the 1st Class Federal Merit Order of Germany. In 2004, President Jacques Chirac admitted Rabbi Homolka to the French Legion of Honor.
Author: Carel Baron van Lynden
Publisher: CRC Press
This reference book, arranged alphabetically by country, describes how to found jurisdiction in over 20 jurisdictions. A questionnaire-based analysis ensures consistent headings are used throughout to allow cross-referencing and points of comparison between the various jurisdictions covered. Despite the existence of various international conventions designed to ensure uniformity of approach, significant differences in the laws of various countries exist which make it possible to create jurisdiction in one country which is not possible elsewhere. This reference book, arranged alphabetically by country, describes in a clear but concise manner how to found jurisdiction in over 20 jurisdictions. A questionnaire-based analysis ensures consistent headings are used throughout to allow easy cross-referencing and points of comparison between the various jurisdictions covered.
Category: Conflict of laws
Ein Bericht von der Banalität des Bösen
Author: Hannah Arendt
Publisher: Piper Verlag
Category: Language Arts & Disciplines
Der ehemalige SS-Obersturmbannführer Adolf Eichmann gilt als einer der Hauptverantwortlichen für die »Endlösung« der Juden in Europa. Der Prozess gegen ihn fand 1961 in Jerusalem statt. Hannah Arendts Prozessbericht wurde von ihr 1964 als Buch publiziert und brachte eine Lawine ins Rollen: Es stieß bei seinem Erscheinen auf heftige Ablehnung in Israel, Deutschland und in den USA– und wurde zu einem Klassiker wie kaum ein anderes vergleichbares Werk zur Zeitgeschichte und ihrer Deutung.
Category: Comparative law
Praxis der deutschen und internationalen Schiedsgerichtsbarkeit
Author: Rolf A. Schütze,Dieter Tscherning,Walter Wais
Publisher: Walter de Gruyter
Category: Arbitration and award
Das IPR-Gesetz 1986 hat sowohl das Schiedsverfahrensrecht als auch das vom Schiedsgericht anzuwendende Kollisionsrecht geandert. Die Rechtsprechung hat zu bedeutsamen Streitfragen der Schiedsgerichtsbarkeit Stellung bezogen. Die Schiedsordnungen sind teilweise grundlegenden Revisionen unterzogen worden. Weitere Staaten sind dem UN-Ubereinkommen beigetreten, in anderen ist die Schiedsgerichtsbarkeit neu geregelt worden. Die Schiedsgerichtsbarkeit hat die staatliche Gerichtsbarkeit national und international in verschiedenen Bereichen zuruckgedrangt.Die Darstellung des deutschen Schiedsverfahrens fuhrt anhand eines Falles durch samtliche Stationen und bietetdem Benutzer verlassliche Leitlinien fur seine Dispositionen. Das internationale Schiedsverfahren berucksichtigt neben dem autonomen Recht die zahlreichen Staatsvertrage und bringt eine Landerubersicht uber die Durchsetzbarkeit deutscher Schiedsspruche im Ausland. Die wesentlichen nationalen und internationalen Schiedsgerichtsinstitutionen und Musterschiedsordnungen werden eingehend dargestellt."
Author: James R. Silkenat,Charles D. Schmerler
During the past several years, there have been an unprecedented number of insolvencies and restructurings of multinational corporations, both inside and outside of traditional bankruptcy proceedings. The Law of International Insolvencies and Debt Restructurings is the first treatise to analyze the newly created doctrines of law and procedure that have developed as insolvencies and restructurings have become increasingly international in character and now frequently involve the laws of numerous jurisdictions. Leading attorneys address developments in bankruptcy and insolvency laws in the countries that have become the focal points for legal proceedings, including the United States, Mexico, England, Spain, Italy, Argentina, Brazil, China, France, Japan, and Canada. Essential topics in the law of international restructuring and insolvency are also explored in depth, including national legislation and procedures, treaties and cooperation agreements, sovereign debt litigation, and inter-creditor relationships. Coverage includes: · Methods of restructuring multinational corporate and sovereign debt · Judicial bankruptcy proceedings · Rights of creditors · Jurisdiction and venue · European Council Regulations · Choice of Law · Dispute resolution · Access by foreign parties to U.S. bankruptcy courts
Author: Alon Kaplan
Publisher: Walter de Gruyter GmbH & Co KG
Das Werk ist auf die wesentlichen rechtlichen Aspekte Israels konzentriert. Wer in rechtlichen Beziehungen zu Israel steht, wird es unmittelbar als verlässliche Hilfe zu schätzen wissen – und zwar teilweise über das eigentliche Wirtschaftsrecht hinaus.
Author: Klaus Dieter Wolf
Category: Sociological jurisprudence
Author: European Bank for Reconstruction & Development,Philip Graburn Kime
Author: Makhon le-meḥḳere ḥaḳiḳah ule-mishpaṭ hashṿaʼati ʻal shem Hari Saḳer
Author: United States. Court of Appeals (District of Columbia Circuit)
Category: Law reports, digests, etc
Important Contemporary Questions
Author: A. J. van den Berg
Publisher: Kluwer Law International B.V.
The collected papers in ICCA Congress Series no. 11, as reflected in its title, address important contemporary questions in international commercial arbitration. Included are contributions written by participants in the UNCITRAL Working Group on Arbitration and Conciliation on its current work on the requirement of a written form for an arbitration agreement, interim measures of protection and UNCITRAL?s Model Law on International Commercial Conciliation. Further contributions give leading practitioners? views on illegality in the formation and performance of contracts or in the conduct of the arbitration, examining questions on how the arbitral tribunal should deal with these vexed issues and how forgery and fraud may be detected. The factors that lead to acceptance by parties of the decisions of arbitrators are dealt with in contributions on the psychological aspects of dispute resolution. The volume concludes with a series of articles on arbitration under investment treaties written by experienced arbitrators and practitioners, with special emphasis on ICSID and NAFTA and the emerging issues of transparency, accountability and review. Contains lengthy articles on the ongoing work of UNCITRAL on proposed amendments to the UNCITRAL Model Law on International Commercial Arbitration and the recently adopted Model Law on International Commercial Conciliation Details the current thinking on the requirement of an arbitration agreement in writing and how this can be accommodated by the UNCITRAL Model Law and the 1958 New York Convention Addresses the granting of interim measures by arbitral tribunals and their enforcement by national and foreign courts Analyzes issues raised by illegality in the formation and performance of contracts and in the conduct arbitrations and provides a systematic overview of the answers given by legislation, arbitrators and courts Provides insight into the attitudes of arbitrators and parties regarding dispute settlement processes Addresses the changing public perception of arbitration under investment treaties
Author: William H. Byrnes,Robert J. Munro
This eBook is designed to provide the reader with accurate analyses of the AML/CTF Financial and Legal Intelligence, law and practice in the nations of the world with the most current references and resources. The eBook is organized around five main themes: 1. Money Laundering Risk and Compliance; 2. The Law of Anti-Money Laundering and Compliance; 3. Criminal and Civil Forfeiture; 4. Compliance and 5. International Cooperation. Each chapter is made up of five parts. Part I, "Introduction," begins with the analysis of money laundering risks and compliance with the recommendations of the Financial Action Task Force (FATF), and then concludes with the country's rating based on the International Narcotics Control Strategy Report (INCSR) of the U.S. State Department. Part II, "Anti-Money Laundering and Combating Terrorist Financing (AML/CTF)" and Part III, "Criminal and Civil Forfeiture," evaluate the judicial and legislative structures of the country. Given the increasing global dimension of AML/CTF activities, these sections give special attention to how a country has created statutes, decisions, policies and the judicial enforcement procedures needed to combat money laundering and terrorist financing. Part IV, "Compliance," examines the most critical processes for the prevention and detection of money laundering and terrorist financing. This section reflects on the practical elements that should be in place so that financial institutions can comply with AML/CTF requirements; these are categorized into the development and implementation of internal controls, policies and procedures. Part V, "International Cooperation," reviews the compilation of international laws and treaties between countries working together to combat money laundering and terrorist financing. As these unlawful activities can occur in any given country, it is important to identify the international participants who are cooperating to develop methods to obstruct these criminal activities.
Author: Michael Charles Pryles
Publisher: Kluwer Law International B.V.
Prized by practitioners since the first edition appeared in 1998, Dispute Resolution in Asia provides a much wider spectrum of Asian laws and approaches to dispute resolution than is traditional in comparative studies. It examines arbitration, litigation, and mediation in thirteen countries, with detailed practical essays each written by a senior lawyer with vast knowledge and experience of dispute resolution in his or her own country. Contributions vary in style and content and thus reflect the diversity of legal systems and cultures in Asia. The third edition of this popular book has been expanded by the inclusion of a chapter on Korea and a discussion of investment treaty arbitrations. All chapters have been revised and updated to incorporate recent developments, such as the enactment of relevant new legislation in Malaysia. Statistics on arbitration centres in Asia are also included. As a comprehensive practical guide to the practice and procedure of dispute resolution in the important trading countries of Asia, this book will be of great value to corporate counsel and international lawyers and business people, as well as to students of dispute resolution. For more information on the editor, Professor Michael Pryles, please visit his website http://www.michaelpryles.com