A practice-oriented guide for any lawyer involved in litigation or arbitration in the United States but who faces issues that go beyond its borders. Both international litigation and arbitration are extensively covered in this work. The chapters revolve around the practical problems which face the litigator - service of proceedings, discovery, the obtaining of evidence and enforcement of judgments and awards. In addition, some important topics in substantive law are addressed.
Securing and Enforcing Judgments in Latin America was originally published, under the editorship of Philip R. Weems, in 1987. Its purpose was, and continues to be, to serve as an aide to lawyers involved in transnational business matters, both in planning transactions and in formulating strategy for the prosecution or defense of claims crossing national borders. A primary objective of the book has always been to provide current and reliable sources of information on the enforcement of money judgments in various countries around the world. It has also been its intention that this information be provided by experienced international law firms from the countries whose laws are discussed and to convey the information by means of a uniform format, to permit easier comparison among jurisdictions.
Practitioners from leading firms in over 90 countries provide practical information about procedural and substantive issues regarding attachment of assets. Because the availability of attachments in advance of judgments can make the difference between success and failure in a lawsuit for money damages, and because attachments may often be obtained in places far removed from the venues of proceedings on the merits, it is important for litigation counsel to be aware of the potential for multi-jurisdictional assaults on the assets of their clients or of their clients’ adversaries. Attachment of Assets is designed to give practical information and guidance to lawyers and businessmen who are interested in securing expected future judgments and in making strategic decisions concerning the deployment of moveable assets in the face of possible attachments of them. The chapters, each discussing the requirements of a separate country, are written by lawyers with practical expertise in this field. The procedure by which attachments are obtained vary, ranging from court orders authorizing a court official to take custody of a defendant’s assets to orders restraining the defendant from transferring his assets. The effects of such orders differ as well: some create a lien superior to those of other creditors and others do no more than immobilize the debtor’s assets, leaving them open to being levied upon by later-arriving judgment creditors. Countries vary in the ways in which they permit attachments to be carried out -- whether, for example, all of the banks in a given city may be served with attachment notices or orders. They vary as well with respect to the information that is imparted to the attaching creditor after attachment orders have been served. Some rules make available to creditor information concerning the value of assets on which they have successfully levied, while others leave creditors in the dark, or dependent on informal hints from garnishees as to whether or not pay dirt has been struck. Most importantly, jurisdictional requirements for the issuance of attachment orders are not similar. Some countries permit attachments only if the defendant is subject to the jurisdiction of their courts with respect to the merits of the case. Others are less demanding, permitting attachments solely on the basis and to the extent of the presence of the assets successfully attached. It is probably fair to say that, in many foreign jurisdictions, the protection of creditors through fraudulent conveyance laws and the like is inadequate, or even, as a practical matter, unavailable. The enforcement of judgments is therefore often dependent on a creditor’s ability to obtain -- early, even prior to the commencement of a lawsuit -- a prejudgment attachment (or the equivalent) of his debtor’s assets. The extent to which attachments are obtainable in various countries of the world and the basis under which they may be obtained under local law are the focus of Attachment of Assets. Format of Publication: Organized in a uniform question and answer format that addresses the receptiveness of each country toward the attachment of assets; the procedural requirements for filing for attachment; reciprocity; treaty provisions; and defenses. Every Chapter is organized with the same special three part arrangement - allowing you to quickly and easily locate the information you need for each country. Part I contains a survey of the current attitude of each country’s courts and government toward the attachment of assets, including anticipated changes and recent cases. Part II discusses procedure the judgment creditor must follow to file for the attachment of assets in the other country, including translation of the judgment, currency conversion, attorneys’ fees and recovery of interest. Part III summarizes the requirements the judgment creditor must meet for attachment, and the defense the judgment, and the defenses the judgment debtor must establish to prevent attachment.
This volume is the “go to” reference for the arbitration practitioner who needs to master the art of cross-examination in the international arena. In this concise volume international arbitrators and world-class attorneys present proven techniques for the effective cross-examination of laypersons, adverse witnesses, scientific experts, legal experts and others anywhere in the world.
A practice-oriented guide for any lawyer involved in litigation or arbitration in the United States but who faces issues that go beyond its borders. Both international litigation and arbitration are extensively covered in this work. The chapters revolve around the practical problems which face the litigator - service of proceedings, discovery, the obtaining of evidence and enforcement of judgments and awards. In addition, some important topics in substantive law are addressed.
Présentation de l'éditeur : "In recent years, a growing body of provisions called "protocols," "guidelines," "checklists" or even "rules" has emerged in international arbitration. Unlike national or international law, or institutional arbitral rules, these provisions are not "mandatory" for arbitration participants. They range from provisions that can be incorporated into the parties' agreement to arbitrate to suggestions as to the best practices that arbitrators and other arbitration participants may choose to follow. These materials are often collectively referred to as "soft law." Soft Law in International Arbitration provides a guide to what the editors consider to be the most useful of such materials. The book organizes these materials into five categories, each introduced with commentary by a prominent member of the international arbitration community. Thus, the eighteen documents contained in this book can be regarded as helping to fill in the spaces that substantive law and arbitration rules have intentionally left blank. Soft Law in International Arbitration is an indispensable commentary for practitioners and academics alike.
The Leading Arbitrators' Guide to International Arbitration Third Edition offers thoughtful advice and insights into the world of international arbitration from some of the most prominent and experienced international arbitrators in the world. The contributors are arbitrators from Australia, Belgium, Canada, Chile, Denmark, England, France, Germany, Italy, The Netherlands, Italy, Spain, Sweden, Switzerland and the USA. The contributors offer insights and advice on the way in which international arbitrations are carried out from the point of view of arbitrators reading pleadings and memorials and listening to witnesses and hearing arguments. The authors' discussions are intended to be thoughtful, insightful and useful - and perhaps, occasionally, iconoclastic. As a result, there may be instances in which the authors disagree with one another on certain points. This is to be expected for there are often many routes that can be taken to achieve a result. The book will be useful not only to persons who may serve as arbitrators in internatinoal arbitral proceedings but also to those who may, in their position as advocates, wish to persuade persons -- including, perhaps, the authors.
Practitioners from leading firms in over 90 countries provide practical information about procedural and substantive issues regarding attachment of assets. Because the availability of attachments in advance of judgments can make the difference between success and failure in a lawsuit for money damages, and because attachments may often be obtained in places far removed from the venues of proceedings on the merits, it is important for litigation counsel to be aware of the potential for multi-jurisdictional assaults on the assets of their clients or of their clients’ adversaries. Attachment of Assets is designed to give practical information and guidance to lawyers and businessmen who are interested in securing expected future judgments and in making strategic decisions concerning the deployment of moveable assets in the face of possible attachments of them. The chapters, each discussing the requirements of a separate country, are written by lawyers with practical expertise in this field. The procedure by which attachments are obtained vary, ranging from court orders authorizing a court official to take custody of a defendant’s assets to orders restraining the defendant from transferring his assets. The effects of such orders differ as well: some create a lien superior to those of other creditors and others do no more than immobilize the debtor’s assets, leaving them open to being levied upon by later-arriving judgment creditors. Countries vary in the ways in which they permit attachments to be carried out -- whether, for example, all of the banks in a given city may be served with attachment notices or orders. They vary as well with respect to the information that is imparted to the attaching creditor after attachment orders have been served. Some rules make available to creditor information concerning the value of assets on which they have successfully levied, while others leave creditors in the dark, or dependent on informal hints from garnishees as to whether or not pay dirt has been struck. Most importantly, jurisdictional requirements for the issuance of attachment orders are not similar. Some countries permit attachments only if the defendant is subject to the jurisdiction of their courts with respect to the merits of the case. Others are less demanding, permitting attachments solely on the basis and to the extent of the presence of the assets successfully attached. It is probably fair to say that, in many foreign jurisdictions, the protection of creditors through fraudulent conveyance laws and the like is inadequate, or even, as a practical matter, unavailable. The enforcement of judgments is therefore often dependent on a creditor’s ability to obtain -- early, even prior to the commencement of a lawsuit -- a prejudgment attachment (or the equivalent) of his debtor’s assets. The extent to which attachments are obtainable in various countries of the world and the basis under which they may be obtained under local law are the focus of Attachment of Assets. Format of Publication: Organized in a uniform question and answer format that addresses the receptiveness of each country toward the attachment of assets; the procedural requirements for filing for attachment; reciprocity; treaty provisions; and defenses. Every Chapter is organized with the same special three part arrangement - allowing you to quickly and easily locate the information you need for each country. Part I contains a survey of the current attitude of each country’s courts and government toward the attachment of assets, including anticipated changes and recent cases. Part II discusses procedure the judgment creditor must follow to file for the attachment of assets in the other country, including translation of the judgment, currency conversion, attorneys’ fees and recovery of interest. Part III summarizes the requirements the judgment creditor must meet for attachment, and the defense the judgment, and the defenses the judgment debtor must establish to prevent attachment.
Reprint of the original, first published in 1871. The publishing house Anatiposi publishes historical books as reprints. Due to their age, these books may have missing pages or inferior quality. Our aim is to preserve these books and make them available to the public so that they do not get lost.
The Oxford Movement began in the Church of England in 1833 and extended to the rest of the Anglican Communion, influencing other denominations as well. It was an attempt to remind the church of its divine authority, independent of the state, and to recall it to its Catholic heritage deriving from the ancient and medieval periods, as well as the Caroline Divines of 17th-century England. The Oxford Movement and Its Leaders is a comprehensive bibliography of books, pamphlets, chapters in books, periodical articles, manuscripts, microforms, and tape recordings dealing with the Movement and its influence on art, literature, and music, as well as theology; authors include scholars in these fields, as well as the fields of history, political science, and the natural sciences. The first edition of The Oxford Movement and Its Leaders and its supplement contained comprehensive coverage through 1983 and 1990, respectively. The Second Edition, with over 8,000 citations covering many languages, extends coverage through 2001; it also includes many earlier items not previously listed, corrections and additions to earlier items, and a listing of electronic sources.
The creation of the North Atlantic Treaty Organization was one of the most important accomplishments of American diplomacy in countering the Soviet threat during the early days of the Cold War. Why and how such a reversal of a 150-year nonalignment policy by the United States was brought about, and how the goals of the treaty became a reality, are questions addressed here by a leading scholar of NATO. The importance of restoring Europe to strength and stability in the post-World War II years was as obvious to America as to its allies, but the means of achieving that goal were far from clear. The problem for European statesmen was how to secure much- needed American economic and military aid without sacrificing political independence. For American policymakers, in contrast, a degree of American control was seen as an essential quid pro quo. As Mr. Kaplan shows, the lengthy negotiations of 1947 and 1948 were chiefly concerned with reconciling these opposing views. For the Truman administration, the difficulties of achieving a treaty acceptable to the allies were matched by those of winning its acceptance by Congress and the public. Many Americans saw such an "entangling alliance" as a threat not only to American security but to the viability of the United Nations. Mr. Kaplan demonstrates the tortuous course of the debate on the treaty and the pivotal role of the communist invasion of South Korea in its ultimate approval. This authoritative study offers a timely reevaluation of the origins of an alliance that continues to play a critical role in the balance of power and in the prospects for world peace.
Since publication over twenty years ago, The Translator’s Invisibility has provoked debate and controversy within the field of translation and become a classic text. Providing a fascinating account of the history of translation from the seventeenth century to the present day, Venuti shows how fluency prevailed over other translation strategies to shape the canon of foreign literatures in English and investigates the cultural consequences of the receptor values which were simultaneously inscribed and masked in foreign texts during this period. Reissued with a new introduction, in which the author provides a clear, detailed account of key concepts and arguments in order to issue a counterblast against simplistic interpretations, The Translator’s Invisibility takes its well-deserved place as part of the Routledge Translation Classics series. This book is essential reading for students of translation studies at all levels.
The first edition of Interim Measures in International Arbitration edited by Lawrence Newman and Dr. Colin Ong, is most auspicious in its timing. The editors have compiled a shrewd and very practical questionnaire and they have gathered together a formidable group of some of the most reputed and talented practising arbitration lawyers, academics and arbitrators from 43 leading jurisdictions to inform the reader about the essential elements of the different interim measures which are available as part of the arbitral process in a very large number of different national jurisdictions. This book, thus, combines the best elements of a focused legal textbook with the essential practicalities of a practitioners' procedural handbook. This should be a standard travelling-companion of international arbitrators and counsel as well as many international lawyers--not just those who are arbitration specialists.
Making use of an ethical system based on psychological need, rather than on metaphysical or theological grounds, LeShan shows how an evolved ethical system can keep pace with science and technology, and displace the damage being done to the planet and our own survival.
The rise and fall of the concept of nuclear winter, played out in research activity, public relations, and Reagan-era politics. The nuclear winter phenomenon burst upon the public's consciousness in 1983. Added to the horror of a nuclear war's immediate effects was the fear that the smoke from fires ignited by the explosions would block the sun, creating an extended “winter” that might kill more people worldwide than the initial nuclear strikes. In A Nuclear Winter's Tale, Lawrence Badash maps the rise and fall of the science of nuclear winter, examining research activity, the popularization of the concept, and the Reagan-era politics that combined to influence policy and public opinion. Badash traces the several sciences (including studies of volcanic eruptions, ozone depletion, and dinosaur extinction) that merged to allow computer modeling of nuclear winter and its development as a scientific specialty. He places this in the political context of the Reagan years, discussing congressional interest, media attention, the administration's plans for a research program, and the Defense Department's claims that the arms buildup underway would prevent nuclear war, and thus nuclear winter. A Nuclear Winter's Tale tells an important story but also provides a useful illustration of the complex relationship between science and society. It examines the behavior of scientists in the public arena and in the scientific community, and raises questions about the problems faced by scientific Cassandras, the implications when scientists go public with worst-case scenarios, and the timing of government reaction to startling scientific findings.
This text takes a strategic systems approach - an approach that focuses on how managers structure and operate organizations so that they are efficient and effective. The fifth edition covers: rengineering/downsizing; moral/ethical management; complexity; speed and responsiveness of organizations; quality; empowerment; and competitiveness. It also includes a new chapter on the global environment and five new end-of-text cases including two of international origin.
As a point-of-view text, AMERICA: THE POLITICS OF DIVERSITY organizes introductory American government material around the themes of diversity and hyperpluralism. Author David Lawrence examines how the diversity of the country, and, in particular, of the government, bears on American politics. He introduces American government through clear and lively discussions. The text is shorter and less expansive than most Introduction to American Government texts.
What do consumers really want? In the mid-twentieth century, many marketing executives sought to answer this question by looking to the theories of Sigmund Freud and his followers. By the 1950s, Freudian psychology had become the adman's most powerful new tool, promising to plumb the depths of shoppers' subconscious minds to access the irrational desires beneath their buying decisions. That the unconscious was the key to consumer behavior was a new idea in the field of advertising, and its impact was felt beyond the commercial realm. Centered on the fascinating lives of the brilliant men and women who brought psychoanalytic theories and practices from Europe to Madison Avenue and, ultimately, to Main Street, Freud on Madison Avenue tells the story of how midcentury advertisers changed American culture. Paul Lazarsfeld, Herta Herzog, James Vicary, Alfred Politz, Pierre Martineau, and the father of motivation research, Viennese-trained psychologist Ernest Dichter, adapted techniques from sociology, anthropology, and psychology to help their clients market consumer goods. Many of these researchers had fled the Nazis in the 1930s, and their decidedly Continental and intellectual perspectives on secret desires and inner urges sent shockwaves through WASP-dominated postwar American culture and commerce. Though popular, these qualitative research and persuasion tactics were not without critics in their time. Some of the tools the motivation researchers introduced, such as the focus group, are still in use, with "consumer insights" and "account planning" direct descendants of Freudian psychological techniques. Looking back, author Lawrence R. Samuel implicates Dichter's positive spin on the pleasure principle in the hedonism of the Baby Boomer generation, and he connects the acceptance of psychoanalysis in marketing culture to the rise of therapeutic culture in the United States.
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