Beck/Hart – serie

This book offers cross-jurisdictional insights into central and emerging issues of third party participation.Christian Borris is one of Germany’s leading arbitrators and, across his long career, has made particularly impactful and influential contributions in an especially challenging and complex area of arbitration: the participation of third parties. Covering legal foundations and key concepts, jurisdiction-based and industry-specific analyses, as well as practical considerations for arbitration practice, contributions from leading international practitioners and scholars examine shareholder disputes, investment arbitration, multi-party contracts, insurance products, supply chains, space law and evidence.

Can firms freely choose their place for corporation and thus the applicable law? And is it possible that a firm can subsequently reincorporate in another country, with the effect of a change of the law applicable to this country?In the European Union, the answer to these questions has to consider the impact of the freedom of establishment and the corresponding case law of the Court of Justice. Beyond some general principles, there is, however, considerable diversity between the laws of Member States. Thus, this book aims to provide an up-to-date analysis of this important area of law for all Member States. It is based on a comprehensive study, produced for the European Commission, on the private international law of companies in the European Union.

This rigorous commentary takes as its focus the English partnership agreement. It sets out in meticulous detail how the agreement is amended by supplementary statutory provisions or rules of procedure. It then goes on to comment on its essential terms, offering various jurisdictions’ perspectives of those terms. Both market standards and alternative approaches (which are common practice) are addressed. Finally, national formulation proposals for the modules of a contract are laid out on the basis of a term sheet. Its rigorous, authoritative examination makes it required reading for all practising in the field of partnership law.

This book analyses the tax law of the European Union, which has developed in the space between the national legal orders of the Member States on the one hand and the international regime (particularly the influences of the OECD, including BEPS) on the other. In that framework, the author considers the whole body of the tax law of the European Union: the general principles applicable to both direct and indirect taxation, the principle of equality and its more specific expressions on the basic freedoms and the prohibition of state aid, the principles of neutrality and ability to pay, taxpayers' fundamental rights, the justifications of infringements, including the fight against tax avoidance, secondary legislation in the area of direct taxes and details of the Union's VAT law and excise taxes.

In the Comprehensive Economic and Trade Agreement (CETA), the EU has sought to implement a number of policy goals, including a new tribunal mechanism for resolving investment disputes, more precision in the wording of legal standards of protection in order to achieve better consistency in decision-making, and the inclusion of requirements on conflicts of interest of arbitrators and transparency of proceedings.This book provides a comprehensive article-by-article commentary on these ground-breaking agreements and Regulations, deconstructing the legal issues and providing practical insights. With a broader legal framework also in place in the form of three EU Regulations which underpin the investment protection law framework, the work also provides commentary on (i) Regulation (EU) No 912/2014 of the European Parliament and of the Council of 23 July 2014 establishing a framework for managing financial responsibility linked to investor-to-state dispute settlement tribunals established by international agreements to which the European Union is party, (ii) Regulation (EU) 1219/2012 establishing transitional arrangements for bilateral investment agreements between EU countries and non-EU countries and (iii) Regulation (EU) 2019/452 establishing a framework for screening of foreign direct investments into the European Union.

This much anticipated second edition engages with the Genocide Convention’s provisions on an article-by-article basis and illustrates how they contribute to the global fight against genocide.This book provides an in-depth analysis of the Convention’s nineteen provisions. It gives authoritative guidance on the definition of genocide, the duties of states to prevent and punish it, and on the Convention’s implementation regime. It takes into account new developments, including:· the rise of genocide-related proceedings before the International Court of Justice, including in high-profile cases between The Gambia and Myanmar and Ukraine and Russia;· new decisions, by national and international courts, specifying the scope of the prohibition against genocide;· recent case-law of the European Court of Human Rights bearing on genocide.Building on the success of the first edition, the book will be of interest to academics, students and practitioners working in international law, criminal law, genocide studies and human rights.

This book provides detailed information on arbitration in China from a legal and a cultural perspective, making an important contribution to the understanding of both the Chinese and Western approach.Among the over one thousand options for institutional arbitration offered globally, the China International Economic and Trade Arbitration Commission (CIETAC) is top ranking. The CIETAC Arbitration Rules were recently reformed, and were enforced on 1 January 2024. They and include several notable changes concerning, for example, the digitalisation of CIETAC arbitration, interim awards, and the approach to ad hoc arbitration. The book concludes with overviews of the changes to the Chinese and English versions of the CIETAC Arbitration Rules.