TRANSNATIONAL LITIGATION AND COMMERCIAL ARBITRATION
|
|
- Theresa Stafford
- 6 years ago
- Views:
Transcription
1 TRANSNATIONAL LITIGATION AND COMMERCIAL ARBITRATION An Analysis of American, European, and International Law Third Edition Joseph Lookofsky and Ketilbjørn Hertz JURIS DJØF Publishing Copenhagen
2 Questions About This Publication For assistance with shipments, billing or other customer service matters, please call our Customer Services Department at: To obtain a copy of this book, call our Sales Department: Toll Free Order Line: Fax: (United States & Canada) See our webpage about this book: Copyright 2011 by JurisNet, LLC All rights reserved. Printed in the United States of America JURIS ISBN: DJØF ISBN: Sold and distributed in Scandinavia by: DJØF Publishing A Company of the Association of Danish Lawyers and Economists 17 Lyngbyvej, P.O. Box Copenhagen Denmark forlag@djoef.dk JurisNet, LLC 71 New Street Huntington, New York USA
3 TABLE OF CONTENTS PREFACE to the Third Edition...xi CHAPTER 1 SUBSTANCE AND PROCEDURE IN TRANSNATIONAL DISPUTES 1.1 Introduction Themes and Cross-Currents in Transnational Litigation... 7 CHAPTER 2 EXTRATERRITORIAL JURISDICTION 2.1 Introduction Jurisdiction to Adjudicate Bases of Jurisdiction: a Comparative Survey A. Territorial Jurisdiction Based on Domicile B. Specific Jurisdiction in Contract and Tort C. Jurisdiction by Consent D. Nationality-, Property- and Presence-Based Jurisdiction Extraterritorial Jurisdiction within the European Union: The Brussels Regulation Regulation Overview Jurisdiction in Contract Cases A. Place of Performance Tessili v Dunlop (1976) Notes, Questions & Commentary A. de Bloos v Bouyer (1976) Notes, Questions & Commentary Shenavai v Kreischer (1987) Notes, Questions & Commentary B. Jurisdictional Clauses: an Introduction to Article Salotti v RÜWA (1976) Notes, Questions & Commentary Zelger v Salinitry (No. 1) (1980) Notes, Questions & Commentary C. Ancillary Jurisdiction and the Lis Pendens Problem D. Jurisdiction with respect to Consumer Contracts Jurisdiction in Tort Bier v Mines de Potasse (1976) Notes, Questions & Commentary iii
4 iv table of contents Arcado v Haviland (1987) Notes, Questions & Commentary Réunion Européenne v Spliethoff s (1998) Notes, Questions & Commentary Doing Business Abroad: an Introduction to Article 5(5) A. de Bloos v Bouyer (1976) Notes & Commentary Schotte v Parfums Rothschild (1987) Notes, Questions & Commentary The Lugano Convention Jurisdiction Under English Law Introduction Jurisdiction in Contract Under English Law Underweser Reederei v. Zapata Off-Shore (1969) Notes, Questions & Commentary Brinkibon Ltd. v Stahag Stahl (1982) Notes, Questions & Commentary Spiliada Maritime v Cansulex (1987) Notes, Questions & Commentary Roneleigh Ltd. v MII Exports (1988) Notes, Questions & Commentary Jurisdiction under American Law Long-Arm; State & Federal Courts; Due Process World-Wide Volkswagen v. Woodson (1980) Notes, Questions & Commentary Helicopteros Nacionales v. Hall (1984) Notes, Questions & Commentary Jurisdiction in Contract Cases A. Supplementary Rules Burger King Corp. v. Rudzewicz (1985) Notes, Questions & Commentary Afram Export v. Metallurgiki Halyps (1985) Notes, Questions & Commentary B. Contract Jurisdiction Quasi in Rem Majique Fashions v. Warwick (1979) Notes, Questions & Commentary C. Forum Agreement
5 table of contents v M/S Bremen v. Zapata Off-Shore (1972) Notes, Questions & Commentary Volkswagenwerk v. Klippan GmbH (1980) Notes, Questions & Commentary Jurisdiction in Tort Asahi Metal v. Superior Court of California (1987) Notes, Questions & Commentary Forum Non Conveniens, Lis Pendens and Antisuit Injunctions A. Forum Non Conveniens Pain v. United Technologies (1980) Notes, Questions & Commentary In re. Union Carbide Disaster, Bhopal (1984) Notes, Questions & Commentary B. Lis Alibi Pendens Note re. Ingersoll Milling Machine Co. v. Granger.355 C. Antisuit Injunctions Extraterritorial Jurisdiction and the Corporate Veil Bulova Watch v. K. Hattori & Co. (1986) Notes, Questions & Commentary Hague Convention on Choice-of-Court Agreements CHAPTER 3 THE APPLICABLE LAW IN CONTRACT AND TORT 3.1 General Introduction European Law Contract Conflicts and the Rome I Regulation A. Party Autonomy ISS Machinery Services Ltd v Aeolian Shipping SA (2001) Notes, Questions & Commentary Egon Oldendorff v Libera Corporation (1995) Notes, Questions & Commentary B. Supplementary Rules in the Absence of Choice ICF v MIC Operations BV (2009) Notes, Questions & Commentary C. Mandatory Rules
6 vi table of contents Transocean Drilling Ltd UK v Arbejdsministeriet (2000) Notes & Commentary Sales Law Conflicts and Harmonization A. Introduction B Hague Convention C Vienna Convention (CISG) D Hague Convention Tort Conflicts under European Law A. Non-Contractual Obligations and the Rome II Regulation B. Selected Tort Cases under European National Law Red Sea Insurance Co. Ltd v Bouygues SA (1994) Notes & Commentary Edmunds v Simmonds (2000) Notes, Questions & Commentary Krægpøth v Rasmussen (1982) Notes, Questions & Commentary Product Liability Illustrations, Notes & Questions Choice and Conflict in American Courts Introduction: Significant Contacts and Governmental Interests Contracts and Sales A. The First Restatement Madaus v. November Hill Farm (1986) Notes, Questions & Commentary B. The Second Restatement Nordson Corp. v. Plasschaert (1982) Notes, Questions & Commentary C. International Sales Contracts (Revisited) Ajax Tool Works, Inc. v. Can-Eng Mfg. (2003) Notes, Questions & Commentary Tort Conflicts: General Principles A. The First Restatement B. The Second Restatement Babcock v. Jackson (1963) Notes, Questions & Commentary Barkanic v. General Aviation [China] (1991) Notes, Questions & Commentary
7 table of contents vii Simon II Tobacco Litigation (2000) Notes & Questions Product Liability Trahan v. Squibb (1983) Notes, Questions & Commentary Kozoway v. Massey-Ferguson, Inc. (1989) Notes, Questions & Commentary Townsend v. Sears Roebuck (2007) Notes, Questions & Commentary CHAPTER 4 EXTRATERRITORIAL SERVICE AND EVIDENCE ABROAD 4.1 General Introduction The Service of Process on Defendants Abroad Introduction Service under European Law Service under American Law The Hague Service Convention Volkswagenwerk Aktiengesellschaft v. Schlunk (1988) Notes, Questions and Commentary The Taking of Evidence Abroad Introduction The Taking of Evidence under National Law The Hague Evidence Convention Société Nationale Industrielle Aerospatiale v. United States District Court (1987) Notes, Questions and Commentary CHAPTER 5 RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS 5.1 General Introduction Enforcement under European Law Enforcement under National Law Adams & Others v Cape Industry (1989) Notes, Questions & Commentary Recognition & Enforcement under the Brussels Regulation Debaecker & Plouvier v Bouwman (1985) Notes, Questions & Commentary Enforcement under Other EU Regulations
8 viii table of contents 5.3 Recognition & Enforcement under American Law Recognition and Enforcement of Sister-State Judgments Griffis v. Luban (2002) Notes, Questions & Commentary Recognition and Enforcement of Foreign Country Judgments Somportex Limited v. Philadelphia Chewing Gum Corp. (1972) Notes, Questions & Commentary Ackermann v. Levine (1986) Notes, Questions & Commentary Proposed Federal Legislation and New Federal Speech Statute A. American Law Institute Proposal B. New Federal Legislation: Speech (2010) CHAPTER 6 INTERNATIONAL COMMERCIAL ARBITRATION 6.1 Introduction: the Arbitration Alternative The Arbitral Scenario, Institutions and Applicable Laws The Arbitral Scenario Institutional Arbitration From Procedure to Conflicts and Substantive Law International Regulation: An Introduction to the 1958 New York Convention Pre-Award Enforcement Contract Formation, Interpretation & Validity Kahn Lucas Lancaster v. Lark International (1999) Notes, Questions & Commentary Zambia Steel & Building Supplies v James Clark & Eaton Ltd. (1986) Notes, Questions & Commentary McDonnell Douglas Corp. v. Kingdom of Denmark (1985) Notes, Questions & Commentary Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc. (1985)
9 table of contents ix Notes, Questions & Commentary Interim Measures Post-Award Enforcement Introduction Judicial Review in the Country of Origin Bergesen v. Joseph Muller Corporation (1983) Notes, Questions & Commentary Recognition and Enforcement of Foreign Awards Parsons & Whittemore Inc. v. Rakta (1974) Notes, Questions & Commentary Introduction to Bridas and Chromalloy International Standard Electric v. Bridas Sociedad (1990) Notes, Questions & Commentary TABLE OF CASES INDEX APPENDICES ON CD-ROM CHAPTER 2 JURISDICTION EU Brussels I Regulation (2000) EU Brussels (I) Convention (1968, consolidated version 1998) EU Brussels II Regulation (2003) EU Insolvency Regulation (2000) EU Maintenance Regulation (2008) 1st Hague Draft Judgments Convention (1999) 1st Hague Draft Judgments Convention Explanatory Report (2000) 2nd Hague Draft Judgments Convention (2001) Hague Choice of Court Convention (2005) Lugano Convention (2007) CHAPTER 3 CHOICE OF LAW EU Rome I Regulation (2008) EU Rome (I) Convention (1980, consolidated version 1998) EU Rome II Regulation (2007) Hague Sales Convention (1955) original French language text
10 x table of contents Hague Sales Convention (1955) unofficial English translation (excerpts) Hague Sales Convention (1986) United Nations Convention on Contracts for the International Sale of Goods (1980) Hague Products Liability Convention (1973) Hague Traffic Accident Convention (1971) UK Private International Law (Miscellaneous Provisions) Act 1995 CHAPTER 4 SERVICE AND EVIDENCE EU Service Regulation (2007) EU Service Regulation (2000) Hague Service Convention (1965) EU Evidence Regulation (2001) Hague Evidence Convention (1970) CHAPTER 5 RECOGNITION AND ENFORCEMENT (See also Chapter 2 above) EU Enforcement Order Regulation (2004) EU Payment Order Procedure Regulation (2006) EU Small Claims Procedure Regulation (2007) Uniform Foreign Money-Judgment Recognition Act (1962) CHAPTER 6 ARBITRATION UNCITRAL Arbitration Rules (1976, revised 2010) Rules of Arbitration of the International Chamber of Commerce (2001) UNCITRAL Model Law on International Commercial Arbitration (1985) UNCITRAL Model Law on International Commercial Arbitration (1985, revised 2006) UK Arbitration Act 1996 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention) (1958)
TRANSNATIONAL LITIGATION AND COMMERCIAL ARBITRATION
TRANSNATIONAL LITIGATION AND COMMERCIAL ARBITRATION A Comparative Analysis of American, European, and International Law Joseph M. Lookofsky Transnational Juris Publications, Inc. Ardsley-on-Hudson, New
More informationTransnational Litigation and Commercial Arbitration
Joseph Lookofsky and Ketilbjørn Hertz Transnational Litigation and Commercial Arbitration An Analysis of American, European and International Law Fourth Edition DJØF Publishing 2017 Joseph Lookofsky and
More informationInternational Parallel Litigation A Survey of Current Conventions and Model Laws
International Parallel Litigation A Survey of Current Conventions and Model Laws A. The Settings B. The Remedies Five Responses to Parallel Litigation C. Universals in Parallel Litigation A. The Common
More informationINTRODUCTION TO CYPRUS LAW
INTRODUCTION TO CYPRUS LAW Andreas Neocleous & Co Editor DENNIS CAMPBELL, BA, JD, LLM Member of the New York and Iowa State Bars Director, Center for International Legal Studies Salzburg, Austria Published
More informationA European Contract Law: a cuckoo in the nest?
Department of Law public lecture A European Contract Law: a cuckoo in the nest? Professor Hugh Beale Professor of law, University of Warwick Dr Linda Mulcahy Chair, LSE London School of Economics Law lectures
More informationTHE COLLEGE OF COMMERCIAL ARBITRATORS GUIDE TO BEST PRACTICES IN COMMERCIAL ARBITRATION
THE COLLEGE OF COMMERCIAL ARBITRATORS GUIDE TO BEST PRACTICES IN COMMERCIAL ARBITRATION Third Edition James M. Gaitis Editor in Chief Carl F. Ingwalson, Jr. Vivien B. Shelanski Editors JURIS Questions
More informationTable of Contents PREFACE... XIX ACKNOWLEDGEMENTS... XXI ABBREVIATIONS... XXIII
PREFACE... XIX ACKNOWLEDGEMENTS... XXI ABBREVIATIONS... XXIII Chapter 1. COMMERCIAL LAW: DEFINITION, DEVELOPMENT, SCOPE & SOURCES... 1 1. DEFINITION, DEVELOPMENT & SCOPE... 1 2. SOURCES OF COMMERCIAL LAW...
More informationSPECIAL ISSUES WHEN DEVELOPING ON NATIVE AMERICAN LAND. Nancy J. Appleby, Esq.
SPECIAL ISSUES WHEN DEVELOPING ON NATIVE AMERICAN LAND Nancy J. Appleby, Esq. nancy@applebylawpllc.com Appleby Law PLLC 333 North Fairfax Street, Suite 302 Alexandria, VA 22314 www.applebylawpllc.com Hospitality
More informationInternational Commercial Law Notes
International Commercial Law Notes Contents Contents 1 International Commercial Transactions 7 Procedural steps 7 Transactions connected with a sale of goods 7 1. Contract of Sale 7 Potential issues: 7
More informationINTERNATIONAL TERMS AND CONDITIONS OF SALE RASCH-METALLE GMBH & CO. KG (update status: 09/2017)
INTERNATIONAL TERMS AND CONDITIONS OF SALE RASCH-METALLE GMBH & CO. KG (update status: 09/2017) I. Applicability of these International Terms and Conditions of Sale 1. The terms and conditions set out
More informationTRANSFER OF BANKING BUSINESS OF UBS LIMITED TO UBS EUROPE SE SCHEME SUMMARY
TRANSFER OF BANKING BUSINESS OF UBS LIMITED TO UBS EUROPE SE SCHEME SUMMARY 1. INTRODUCTION 1.1 UBS Limited (the "Transferor") has agreed to transfer all of its business (including the accepting of deposits)
More informationDATE AND PLACE OF BIRTH, NATIONALITY PROFESSIONAL CAREER
DATE AND PLACE OF BIRTH, NATIONALITY born 15.5.47 in Vienna Austrian nationality PROFESSIONAL CAREER 2002-present partner of Baier Böhm law firm 1978-2002 principal, Wolff Law Offices 1976-1978 mandatory
More informationTC-05 Terms and Conditions of Purchase (Purchase Order International Terms and Conditions Fixed Price Procurement)
The Orbital ATK, Inc. terms and conditions referenced in the Purchase Order (TC-01, TC-04, TC-06, or TC-07), hereafter ( ) are modified by the following additional or replacement clauses as indicated:
More informationContracts, the UCC, and the Vienna Convention on International Sales of Goods. What every US commercial lawyer needs to know
Contracts, the UCC, and the Vienna Convention on International Sales of Goods What every US commercial lawyer needs to know Convention on the International Sale of Goods 1980 CISG Vienna Convention Uniform
More informationINTERNATIONAL CONTRACTING AND CIVIL LIABILITY
INTERNATIONAL CONTRACTING AND CIVIL LIABILITY Purpose of the course The purpose of this course is to introduce the students in the particularities of international contracting and, in particular, to teach
More informationAALTO-YLIOPISTON KAUPPAKORKEAKOULU. Kansainväliset sopimukset 32E cr CASES. Initial group work cases
AALTO-YLIOPISTON KAUPPAKORKEAKOULU Kansainväliset sopimukset 32E25100 6 cr CASES Initial group work cases 1. Conclusion of contract, non-complying answer In an international business trade relationship,
More informationUniform Unincorporated Non-Profit Association, Chapter 429, Hawaii Revised Statutes
VIII 411 Uniform Unincorporated Non-Profit Association, Chapter 429, Hawaii Revised Statutes 429-1 Definitions. As used in this chapter: Member means a person who, under the rules or practices of a nonprofit
More informationBILL OF SALE. BILL OF SALE No. ######### COVER PAGE
BILL OF SALE BILL OF SALE No. ######### COVER PAGE This BILL OF SALE (together with the incorporated terms and conditions, Bill of Sale ) dated as of ( Effective Date ) is between CHEVRON U.S.A. INC.,
More informationTerms and Conditions of Sale and Delivery. of Heimbach Filtration GmbH
1 Terms and Conditions of Sale and Delivery of Heimbach Filtration GmbH I. Scope of Application The following terms and conditions of Heimbach Filtration GmbH (hereinafter referred to as Seller ) shall
More informationCITY OF AUSTIN S ORIGINAL PETITION AND REQUEST FOR PERMANENT INJUNCTION
CAUSE NO. DRAFT CITY OF AUSTIN, Plaintiff, v. TRAVIS CENTRAL APPRAISAL DISTRICT; INDIVIDUAL PROPERTY OWNERS WHO OWN C1 VACANT LAND OR F1 COMMERCIAL REAL PROPERTY WITHIN TRAVIS COUNTY, TEXAS; and GLENN
More informationFacilitating the Use of Modern Technology for Contract Management - Relevance of United Nations Commission on International Trade Law Texts
2018/SOM1/EC/WKSP2/007 Facilitating the Use of Modern Technology for Contract Management - Relevance of United Nations Commission on International Trade Law Texts Submitted by: Workshop on the Use of Modern
More informationUniversity of International Business and Economics International Summer School
University of International Business and Economics International Summer School BUS 230 Business Law Term: May 28 June 28, 2018 Instructor: Jiefeng Lu Home Institution: University of International Business
More informationGeneral Terms of Sale and Delivery Titan Intertractor GmbH, Hagener Strasse 325, D Gevelsberg, Germany
General Terms of Sale and Delivery Titan Intertractor GmbH, Hagener Strasse 325, D-58285 Gevelsberg, Germany I. Scope, offer 1. The following General Terms of Sale and Delivery apply to all our business
More informationQUIETING TITLE AND EJECTMENT
1 QUIETING TITLE AND EJECTMENT 1-A QUIETING TITLE [ 1.1 1.35] 1-B EJECTMENT [ 1.36 1.76] 1-1 ROGER H. STALEY* 1-A QUIETING TITLE I. [ 1.1] INTRODUCTION AND SCOPE II. III. IV. NATURE OF QUIET TITLE ACTIONS
More informationSecurity over Collateral. NEW ZEALAND Simpson Grierson
Security over Collateral NEW ZEALAND Simpson Grierson CONTACT INFORMATION Peter Eady Adam Jackson Simpson Grierson 195 Lambton Quay P O Box 2402 Wellington 6140 +64 4 499 4599 peter.eady@simpsongrierson.com
More informationSwitzerland. Benedict F. Christ. David Jenny. Vischer. 1. General remarks about retention of title
Published in "Retention of Title in and out of Insolvency" by Globe Law and Business Ltd, 2015 (Consulting editor: Marcel Willems, on behalf of the International Bar Association) Switzerland Benedict F.
More informationZellstoff Pöls AG Sales and Delivery Terms for Paper. as amended in July 2013
Zellstoff Pöls AG Sales and Delivery Terms for Paper as amended in July 2013 I. Terms of Contract and Terms of Business 1. The offers made by Zellstoff Pöls AG (hereinafter referred to as seller") are
More informationArticle : Trusts of land, usufruits, usufructos and the CJEU decision in Case C-605/14, Komu v Komu, Date 24 th February, 2016.
Peter Harris Article : Trusts of land, usufruits, usufructos and the CJEU decision in Case C-605/14, Komu v Komu, Date 24 th February, 2016. Case n C-605/14 Komu v.komu was a request for a preliminary
More informationMODULAR MINING SYSTEMS TERMS AND CONDITIONS OF SALE
MODULAR MINING SYSTEMS TERMS AND CONDITIONS OF SALE 1. GENERAL. Modular Mining Systems ( Seller ) prices are based on these Terms and Conditions of Sale. This document, together with any additional writings
More informationRequiring and withholding performance, termination and price reduction: The CESL in comparison with the Vienna Sales Convention
Requiring and withholding performance, termination and price reduction: The CESL in comparison with the Vienna Sales Convention Joint CCBE and CNF Conference on the proposed Common European Sales Law Rome,
More information1. Preface TC Italy: Rome, Page 2 of 33 The Danish Embassy in Rome, Italy
Date 26-09-2017 1. Preface... 3 TC Italy: Rome, Page 2 of 33 It should be noticed that this publication only consists of Danish subsidiaries in Italy that the Trade Council in Rome has been able to register.
More informationFarm Transfer Risks and Liabilities
Farm Transfer Risks and Liabilities Stacy S. Cohen, Esquire 1200 Laurel Oak Road, Suite 102 Voorhees, New Jersey 08043 T (856) 528-2161 F (856) 528-2162 SCohen@StacyCohenLaw.com www.stacycohenlaw.com Continuity
More informationAIRBOSS RUBBER SOLUTIONS - TERMS AND CONDITIONS OF SALE
AIRBOSS RUBBER SOLUTIONS - TERMS AND CONDITIONS OF SALE The following terms and conditions shall exclusively apply to any sale of goods or services (collectively, Products ) between the AirBoss entity
More information1. DEFINITIONS. For the purposes of these Conditions:
1. DEFINITIONS For the purposes of these Conditions: 1.1 The Buyer means any party to which the Seller has agreed to supply Products and/or Services, whether or not for value; 1.2 Contract means any contract
More informationDecision. On Application of Methods on Determination of Customs Value of Goods According to the Transaction Value of Imported Goods (Method 1)
Decision 20 December 2012 No. 283 Moscow On Application of Methods on Determination of Customs Value of Goods According to the Transaction Value of Imported Goods (Method 1) In accordance with paragraph
More informationGENERAL CONDITIONS OF PURCHASE OCI NITROGEN B.V.
1. Definitions In these General and Conditions of Purchase ( General Conditions ), the terms defined below shall have the following meaning: Buyer: OCI Nitrogen B.V.; Seller: anyone supplying goods to
More informationROTOR CLIP PURCHASE ORDER GENERAL TERMS AND CONDITIONS
ROTOR CLIP PURCHASE ORDER GENERAL TERMS AND CONDITIONS 1. ORDERS AND ACCEPTANCE: Any order placed or purchase order issued by Buyer (an Order ) for products and/or services described therein (collectively,
More informationMASTER AIRCRAFT LEASE ASSIGNMENT, ASSUMPTION AND AMENDMENT AGREEMENT, 2012
MASTER AIRCRAFT LEASE ASSIGNMENT, ASSUMPTION AND AMENDMENT AGREEMENT, 2012 Template Document prepared jointly by AWG and IATA Release Date: October 2012 PREPARATORY NOTES This template document was jointly
More informationTHE FLORIDA BAR CLE AUDIO CD / VIDEO DVD LIST
S = Section Member BE = Bias Elimination E = Ethics MIA = Mental Illness Awareness THE FLORIDA BAR CLE AUDIO CD / VIDEO DVD LIST http://www.floridabar.org Telephone: 850-561-5831 May 7, 2018 KEY TO ABBREVIATIONS
More informationSENATE, No. 394 STATE OF NEW JERSEY. 217th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION
SENATE, No. STATE OF NEW JERSEY th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 0 SESSION Sponsored by: Senator JAMES BEACH District (Burlington and Camden) Senator NILSA CRUZ-PEREZ District (Camden and
More informationTERMS AND CONDITIONS OF SALE
TERMS AND CONDITIONS OF SALE As is 1. ALL ASSETS ARE SOLD AS IS, WHERE IS AND WITH ALL FAULTS. ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING THOSE AS TO THE NATURE, QUALITY, QUANTITY, VALUE OR CONDITION
More informationGENERAL TERMS AND CONDITIONS OF PURCHASE OF FONDEL REFINERY PRODUCTS AG
GENERAL TERMS AND CONDITIONS OF PURCHASE OF FONDEL REFINERY PRODUCTS AG 1. Definitions For the purpose of these general terms and conditions of purchase Agreement shall mean the agreement entered into
More informationCopyright 2014 Carolina Academic Press, LLC. All rights reserved. QUESTIONS & ANSWERS: CONTRACTS
QUESTIONS & ANSWERS: CONTRACTS LexisNexis Law School Publishing Advisory Board Paul Caron Professor of Law Pepperdine University School of Law Herzog Summer Visiting Professor in Taxation University of
More informationExploitation of Industrial Designs: Presented by: Nathalie Dreyfus
Exploitation of Industrial Designs: Practical Contractual Aspects Presented by: Nathalie Dreyfus Product Design Protection Introduction A product may be protected by design, copyright or trademark law.
More informationIN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF SPOKANE NO. I. INTRODUCTION
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF SPOKANE STATE OF WASHINGTON, NO. v. Plaintiff, ASSURANCE OF DISCONTINUANCE 1 1 1 KPS REALTY, LLC d/b/a KPS MANAGEMENT, Defendant.
More informationLIST OF CHAPTERS. Chapter 2 MECHANICS OF A QUIET TITLE ACTION QUIET TITLE ACTIONS AGAINST THE FEDERAL GOVERNMENT
LIST OF CHAPTERS Chapter 1 QUIET TITLE SETTING THE STAGE.................... 1 Chapter 2 MECHANICS OF A QUIET TITLE ACTION................ 43 Chapter 3 PARTIES AND SERVICE.................................
More informationGeneral Terms and Conditions of Sale ISST GmbH
General Terms and Conditions of Sale ISST GmbH I. Scope, Deviating Agreements 1. The following General Terms and Conditions of Sale and Delivery ("GT&C") apply to all purchase and delivery agreements between
More informationVictor P. Leginsky, Chartered Arbitrator
Victor P. Leginsky, Chartered Arbitrator Certified Mediator, B.Ed., J.D., FCIArb, C.Arb vleginsky@arbitralis.com Arbitralis ADR FZ LLE Ph +971 50 4573770 Profile Current Position as Arbitration and Mediation
More informationELMEC TECHNOLOGY OF AMERICA, INC. STANDARD TERMS AND CONDITIONS OF SALE
ELMEC TECHNOLOGY OF AMERICA, INC. STANDARD TERMS AND CONDITIONS OF SALE 1. DEFINITIONS: In these Terms and Conditions of Sale, "Seller" means ;"Buyer" means the person, firm, company or corporation by
More informationTerms and Conditions of Sales
Terms and Conditions of Sales 1. Governing Provisions. These Terms and Conditions of Sale ("Terms and Conditions") constitute an offer by ARCTIC SILVER, INC., Quotation, Acknowledgment or Invoice provided
More informationGroup Company A together with its subsidiaries
HKEX LISTING DECISION HKEX-LD43-3 (First Quarter of 2005, updated in November 2011, August, November and December 2012, November 2013, April 2014, August 2015, and February and April 2018) Name of Parties
More informationLAKE SUPERIOR STATE UNIVERSITY CHARTER SCHOOLS OFFICE REAL PROPERTY LEASE POLICY
LAKE SUPERIOR STATE UNIVERSITY CHARTER SCHOOLS OFFICE REAL PROPERTY LEASE POLICY December 1, 2015 ( Effective Date ) Pursuant to the Terms and Conditions of the Contract ( Contract ) issued by the Lake
More informationA Student s Guide to Equity and Trusts
A Student s Guide to Equity and Trusts This engaging introduction explores the key principles of equity and trusts law and offers students effective learning features. By covering the essentials of each
More informationStandard Letters for Building Contractors
Standard for Building Contractors Other books by The JCT Intermediate Building Contracts 2005 Third Edition 978-1-4051-4049-2 The JCT Minor Works Building Contracts 2005 Fourth Edition 978-1-4051-5271-6
More informationGeorgia's Lis Pendens Statute: Suggested Legislative Changes to Comply With Due Process
Georgia State University Law Review Volume 4 Issue 1 Spring 1988 Article 3 3-1-1988 Georgia's Lis Pendens Statute: Suggested Legislative Changes to Comply With Due Process Jane E. Cronin Follow this and
More informationSTATE UNIVERSITY OF NEW YORK COLLEGE OF TECHNOLOGY CANTON, NEW YORK COURSE OUTLINE BSAD BUSINESS LAW II
STATE UNIVERSITY OF NEW YORK COLLEGE OF TECHNOLOGY CANTON, NEW YORK COURSE OUTLINE BSAD 202 - BUSINESS LAW II Prepared By: William Jones SCHOOL OF BUSINESS AND PUBLIC SERVICE BUSINESS DEPARTMENT MARCH
More informationSecurity over Collateral. USA - NEBRASKA Baird Holm LLP
Security over Collateral USA - NEBRASKA Baird Holm LLP CONTACT INFORMATION Steven C. Turner, Esq. Brandon R. Tomjack, Esq. Baird Holm LLP 1500 Woodmen Tower Omaha, Nebraska 68102 402.344.0500 sturner@bairdholm.com
More informationGeneral Terms and Conditions valid from
General Terms and Conditions valid from 15.10.2016 General 1. These General Terms and Conditions apply to all transactions between Tridonic GmbH & Co KG, Färbergasse 15, A-6850 Dornbirn, (hereinafter Seller
More informationMODEL ACT ON THE APPOINTMENT AND POWERS OF REAL ESTATE RECEIVERS (MAAPRER) AGENDA FOR MARCH 7 & 8, 2014 DRAFTING COMMITTEE MEETING
MODEL ACT ON THE APPOINTMENT AND POWERS OF REAL ESTATE RECEIVERS (MAAPRER) AGENDA FOR MARCH 7 & 8, 2014 DRAFTING COMMITTEE MEETING Materials Distributed for this Meeting: Draft Model Act on the Appointment
More informationProgramme to rationalise international GMP inspections of active pharmaceutical ingredients/active substances manufacturers
20 February 2012 EMA/INS/GMP/129953/2012 Compliance and Inspection Programme to rationalise international GMP inspections of active pharmaceutical ingredients/active substances manufacturers Terms of reference
More informationTHE SALE OF GOODS. P S Atiyah QC, DCL, FBA. of the Inner Temple, Barrister Formerly Professor of English Law in the University of Oxford
THE SALE OF GOODS P S Atiyah QC, DCL, FBA of the Inner Temple, Barrister Formerly Professor of English Law in the University of Oxford NINTH EDITION J N Adams LLB Barrister of the Inner Temple, Professor
More informationSALES TERMS AND CONDITIONS OF RELIANCE WORLDWIDE CORPORATION (AUST.) PTY LTD ( THE COMPANY ) INCLUDING PRIVACY DISCLOSURE STATEMENT
SALES TERMS AND CONDITIONS OF RELIANCE WORLDWIDE CORPORATION (AUST.) PTY LTD ( THE COMPANY ) INCLUDING PRIVACY DISCLOSURE STATEMENT Your Privacy Disclosure Statement is (if applicable) contained as part
More informatione. Seller s remedies relating hereto to shall be cumulative and in addition to any other remedies provided herein or by law or in equity.
1. GENERAL. The Seller ( Seller ) and the Purchaser (Buyer ) named on the face hereof agree that the following terms and conditions apply to the materials, goods and/or products (the Goods ) listed on
More informationConditions of Purchase FISCHER GmbH & Co. KG Lagertechnik + Regalsysteme, Stutensee
Conditions of Purchase FISCHER GmbH & Co. KG Lagertechnik + Regalsysteme, Stutensee 1. General 1.1. We only conduct purchases in accordance with the following conditions. Deviating conditions on the part
More informationP.F. COLLINS CUSTOMS BROKER LIMITED CONTINUOUS GENERAL AGENCY AGREEMENT AND POWER OF ATTORNEY WITH POWER TO APPOINT A SUB-AGENT
P.F. COLLINS CUSTOMS BROKER LIMITED CONTINUOUS GENERAL AGENCY AGREEMENT AND POWER OF ATTORNEY WITH POWER TO APPOINT A SUB-AGENT ( Agency Agreement and Power of Attorney ) Client Name Enter Business Number
More informationMODULAR MINING SYSTEMS PTY LIMITED ACN TERMS AND CONDITIONS OF SALE
MODULAR MINING SYSTEMS PTY LIMITED ACN 007 297 501 TERMS AND CONDITIONS OF SALE 1. GENERAL. Modular Mining Systems Pty Limited ACN 007 297 501 ( Seller ) prices are based on these Terms and Conditions
More informationGovernment Emergency Ordinance No. 54/2006 on the regime of the concession contracts for public assets ( GEO No. 54/2006 );
219 Chapter 16 PPP & Concessions 1. General Public-private partnership ( PPP ) refers to forms of cooperation between public authorities and the world of business which aim to ensure the design, funding,
More informationSECONDARY LOAN TRADING IMPLICATIONS OF PROPOSED EU REGULATION ON ASSIGNMENTS
The European Commission has adopted a legislative proposal laying down new conflict of laws rules designating which national law applies to determine who has the superior title to an assigned claim. Subject
More informationAndré BRUNSCHWEILER Partner
André BRUNSCHWEILER Partner Stampfenbachplatz 4 PO Box 212 8042 Zurich Switzerland abrunschweiler@lalive.ch Phone: +41 58 105 2100 Fax: +41 58 105 2160 Admission Switzerland, 2010 Nationality Swiss, German
More informationSecurity over Collateral. CANADA BRITISH COLUMBIA Farris, Vaughan, Wills & Murphy LLP
Security over Collateral CANADA BRITISH COLUMBIA Farris, Vaughan, Wills & Murphy LLP CONTACT INFORMATION Gordon A. Love Farris, Vaughan, Wills & Murphy LLP 2500 700 West Georgia Street Vancouver, British
More informationPrivity. Ashgate. Private justice or public regulation. DARTMOUTH Aldershot Burlington USA Singapore Sydney
Privity Private justice or public regulation Edited by PETER KINCAID Macquarie University Sydney Ashgate DARTMOUTH Aldershot Burlington USA Singapore Sydney Contents Contributors Preface Acknowledgments.
More information2016 PENNSYLVANIA LEGISLATIVE DEVELOPMENTS
2016 PENNSYLVANIA LEGISLATIVE DEVELOPMENTS William H. Clark, Jr. Partner, Drinker Biddle & Reath LLP Philadelphia, PA The Pennsylvania laws on unincorporated entities were substantially revised by Act
More informationThe methodologies of drafting the ad-valorem percentage criterion
United Nations Conference on Trade and Development Division for Africa, Least Developed Countries and Special Programmes ( ALDC ) The methodologies of drafting the ad-valorem percentage criterion Stefano
More informationAustralian Standard. Inspection of buildings. Part 1: Pre-purchase inspections Residential buildings AS
AS 4349.1 2007 AS 4349.1 2007 Australian Standard Inspection of buildings Part 1: Pre-purchase inspections Residential buildings This Australian Standard was prepared by Committee BD-085, Inspection of
More information[ ] and [ ] as Principals [ ] as Escrow Agent. Template ESCROW AGREEMENT. relating to a project at [ ]
DATED [ ] and [ ] as Principals [ ] as Escrow Agent Template ESCROW AGREEMENT relating to a project at [ ] Contents Clause Name Page 1 Appointment of Escrow Agent and Creation of Escrow Account... 1 2
More informationGeneral Sales of Goods Terms & Conditions
JGL L J.G. Learmonth & Co 70 Middlesex Street, Kinning Park, Glasgow G41 1EE Sales Office (0141 420 1211 Fax (0141) 420 1711 Accounts Office (0121)380 0310 Accounts Fax: 0121-359 7394 General Sales of
More informationCORPORATE INSOLVENCY LAWS IN ABANDONED HOUSING PROJECTS. Issues and Prospects NUARRUAL HILAL MD DAHLAN
CORPORATE INSOLVENCY LAWS IN ABANDONED HOUSING PROJECTS Issues and Prospects NUARRUAL HILAL MD DAHLAN PENERBIT UNIVERSITI UTARA MALAYSIA Sintok 2014 v Contents Preface Acknowledgemertts Abbreviations Cases
More informationCASE LAW ON UNCITRAL TEXTS (CLOUT)
United Nations A/CN.9/SER.C/ABSTRACTS/100 General Assembly Distr.: General 15 September 2010 Original: English United Nations Commission on International Trade Law Contents CASE LAW ON UNCITRAL TEXTS (CLOUT)
More informationNovember 2, Urquiola de Palacio Palacio & Asociados Lawyer and Arbitrator. UIA 57º ANNUAL MEETING - MACAO November 2, Urquiola de Palacio
November 2, 2013 Urquiola de Palacio Palacio & Asociados Lawyer and Arbitrator. November 2, 2013 - Urquiola de Palacio 1 1. Introduction. We are confronted with a number of concerns facing lawyers against
More informationSYLLABUS. Law REAL ESTATE TRANSACTIONS AND LITIGATION. II. REAL ESTATE BROKERS AND SALES AGENTS (August 27; September 3)
SYLLABUS Law 257 - REAL ESTATE TRANSACTIONS AND LITIGATION I. COURSE OVERVIEW/INTRODUCTION (August 27) II. REAL ESTATE BROKERS AND SALES AGENTS (August 27; September 3) A. INTRODUCTION B. SOURCES OF RELEVANT
More informationContents. Table of Statutes. Table of Secondary Legislation. Table of Cases. Conveyancing Procedures in Outline
Contents Table of Statutes Table of Secondary Legislation Table of Cases Chapter 1: Conveyancing Procedures in Outline 1.1 Introduction 1.2 The nature of rights in land 1.3 The conveyancing transaction
More informationGeneral terms of sale
General terms of sale 1 - General Provisions 1.1 In addition to the terms and expressions defined elsewhere in these General Terms of Sale, the terms and expressions listed below starting with a capital
More informationEATON FILTRATION BUSINESS
EATON FILTRATION BUSINESS Standard Terms and Conditions of Sale. These Terms and Conditions of Sale are between the buyer ( Buyer ) and EATON HYDRAULICS LLC, through its Filtration business, or its affiliate
More informationGENERAL DELIVERY AND PAYMENT CONDITIONS
GENERAL DELIVERY AND PAYMENT CONDITIONS Of the private company with limited liability Kroon-Oil B.V., with its registered offices in Almelo, the Netherlands. Filed at the Chamber of Commerce and Industry
More informationITC MODEL CONTRACT FOR THE INTERNATIONAL COMMERCIAL SALE OF GOODS (STANDARD VERSION)
ITC MODEL CONTRACT FOR THE INTERNATIONAL COMMERCIAL SALE OF GOODS (STANDARD VERSION) PARTIES: Seller Name (name of company) Legal form (e.g. limited liability company) Country of incorporation and (if
More informationGENERAL TERMS AND CONDITIONS OF SALE FOR MARINE FUEL
GENERAL TERMS AND CONDITIONS OF SALE FOR MARINE FUEL MOL Techno-Trade, Ltd. 1. GENERAL 1.1 This GTC (as defined below) prescribes the general terms and conditions on the Bunkers (as defined below) to be
More informationPurchase Agreement. (USA and Canada only) THIS PURCHASE AGREEMENT (the "Agreement") dated this day of, 20
Page 1 of 7 Purchase Agreement (USA and Canada only) THIS PURCHASE AGREEMENT (the "Agreement") dated this day of, 20 BETWEEN: Global Air Cylinder Wheels of 5661 W Park Ave, Chandler, Arizona (the 'Seller')
More informationSALES AND PURCHASE AGREEMENT #
SALES AND PURCHASE AGREEMENT # This Agreement is made and entered into as of this day of 2015, by and between DEVOLRO GROUP LLC, Florida Limited Liability Company, located at 15701 NW 15th Ave., Miami,
More informationCONDOMINIUM GOVERNANCE FORM
CONDOMINIUM GOVERNANCE FORM DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Division of Florida Condominiums, Timeshares, and Mobile Homes 1940 North Monroe Street Tallahassee, Florida 32399-1030 Telephone:
More informationJesper Lykkesfeldt, Jakob Krag Nielsen, Jonas Lykke Hartvig Nielsen, Rasmus Vang, Mette Hygum Clausen, Julie Brøndt Glarkrog, Mikkel Vittrup.
2016 - Study Question (General) National Group: Denmark Title: Security interests over intellectual property Contributors: Jesper Lykkesfeldt, Jakob Krag Nielsen, Jonas Lykke Hartvig Nielsen, Rasmus Vang,
More informationPurchase Terms and Conditions
1. Entire Agreement TekLinks, Inc. ( Seller ) agrees to sell goods covered herein ( Goods ) to Buyer on the following terms and conditions of sale ( T&Cs ), which supersede any other or inconsistent terms
More informationOrder & Quotation Terms & Conditions DEFINITIONS: Buyer Order Product Quotation RFQ Seller Terms and Conditions 1. Applicability:
Order & Quotation Terms & Conditions DEFINITIONS: (a) Buyer shall mean the receiver of Products. (b) Order shall mean any document (including but not limited to a Purchase Agreement, Purchase Order, Adoption
More informationSecurity over Collateral. ROMANIA Nestor Nestor Diculescu Kingston Petersen
Security over Collateral ROMANIA Nestor Nestor Diculescu Kingston Petersen CONTACT INFORMATION Costin Teodorovici Nestor Nestor Diculescu Kingston Petersen Bucharest Business Park, 1A, Bucuresti Ploiesti
More informationGeneral Terms and Conditions of Business
The following General Terms and Conditions of Business re- place the General Terms and Conditions of Business dated April 15, 2011, 4pm, and are effective as of August 2, 2013, 4pm. 4. Applicable Law The
More informationGeneral Conditions on Purchasing. (Version 2010)
General Conditions on Purchasing (Version 2010) 1. Introduction Purchase Orders or Contracts shall become effective, subject to a written confirmation of the Seller that he accepts the ICRC General Conditions
More informationGeneral Conditions of Purchase
General Conditions of Purchase This translation is provided for your convenience. In the event of any discrepancy between the German original and English translation, the provisions of the German original
More informationMODEL CONTRACTS FOR SMALL FIRMS
EXPORT IMPACT FOR GOOD MODEL CONTRACTS FOR SMALL FIRMS LEGAL GUIDANCE FOR DOING INTERNATIONAL BUSINESS Geneva 2010 Contents Foreword Acknowledgements Introduction iii v ix Chapter 1 International Contractual
More informationStandard conditions of Eesti Energia AS gas contract for household consumer Valid from 19 April 2018
1. GENERAL PROVISIONS 1.1 Eesti Energia AS (hereinafter the Seller or Party) sells natural gas (hereinafter gas) to household consumers (hereinafter Buyer or Party; Seller and Buyer together: Parties)
More informationSABIC INNOVATIVE PLASTICS ARGENTINA CONDITIONS OF SALE
Conditions of Sale SABIC INNOVATIVE PLASTICS ARGENTINA CONDITIONS OF SALE 1. DEFINITIONS. As used below, Seller means SABIC Innovative Plastics Argentina S.R.L., an affiliated company of SABIC Innovative
More informationUCC ARTICLE 2: SCOPE
UCC ARTICLE 2: SCOPE UCC Article 2 governs sales, and contracts for the sale, of goods, pursuant to which a seller transfers to a buyer (1) title (ownership) to (2) goods, including (a) growing crops and
More information