Examining the notion, nature, and extent of consent in both commercial arbitration and investment arbitration, this book provides practitioners and academics with a thorough, case-related analysis of an issue which raises many questions. Whilst considering the evolution of arbitration and its consensual nature - enlargement of the parties' freedom to consent to arbitration, and development from commercial arbitration to investment arbitration - it addresses important theoretical questions to offer practical solutions. These include: how consent to arbitrate is expressed and when mutual consent to arbitration is reached; which law shall govern the arbitration agreement or, more particularly, consent as an element of the substantive validity of it; and, conversely, according to which law will a possible lack of consent be judged; how consent should be interpreted; which relationship exists between consent as part of the substantive validity of an arbitration agreement and its formal validity; which, if any, are the implied terms when consenting to arbitration; how consent to arbitrate influences procedural aspects (counterclaims, joinder, consolidation), and which solutions adopted by treaties, national laws or arbitration rules are, or would be, the most respectful of parties' consent in this respect; what in investment arbitration is the relationship between consent and most-favoured-nation clauses or the influence of umbrella clauses. The book includes original arguments and puts forward new suggestions with regard to the changeable consensual character of arbitration. It also provides a particular focus on problems that frequently arise in practice of international arbitration, for example issues related to complex multiparty arbitration and to jurisdictional questions in investment arbitration.
This comprehensive book provides a comparative overview of legal institutions that intersect with everyday life: contracts, unilateral legal transactions, torts, negotiorum gestio and unjust enrichment. These institutions form the core of the Law of Obligations, which is examined in this book from the perspective of all major legal traditions including Civil, Common, Islamic and Chinese law.
All the cases you need, together with the tools to understand them. Poole's Casebook on contract law takes a uniquely supportive approach, to give students the confidence to engage with and analyse judgments. The book is simple to navigate, pulling all key case law together into one easy-to-use volume which students can work through systematically or use to reference specific cases. Cases are accompanied by succinct author commentary highlighting the key elements of each case. An introductory chapter provides valuable guidance on how to read and understand case law, developing essential academic and practical skills.
Guide to diagnosis of paediatric diseases and disorders with emphasis on accurate history taking and thorough physical examination. Highly experienced, UK editors and more than 1600 images and illustrations included.
Highly Commended, BMA Medical Book Awards 2014The fifth edition of this highly successful and well-regarded book continues to provide those working in neonatal intensive care units with precise instructions on the diagnosis and management of common neonatal problems. This edition has been extensively updated and revised, while retaining the backgro
The practice of neonatology requires a careful balance between modern technology and the prevention of unintended damage to a newborn. Early therapeutics were based on adult medicine, with often catastrophic results to the baby. As research and understanding of physiology and therapeutics have expanded, care of the preterm and sick infant has improved drastically. Avery’s Neonatology is a practical guide to understanding the pathophysiology of the newborn so that appropriate treatment decisions can be made.
An historical analysis of the development and reform of the law of prior obligations as expressed in preexisting duty rule and past consideration rule. Teeven's principal focus is on the judicial rationalization of common law reforms to partially remove the bar to enforcement of promises grounded in the past. This study traces American deviations from English common law doctrine over the past two centuries in developing theories to overcome traditional impediments to recovery presented by the law of prior obligations. It also explores ideas for further reforms found buried in past case law. The growing unease with both the dashing of legitimate consensual expectations and the perceived unfairness to naive, ill-informed, and otherwise disadvantaged parties served as the impetus for liberalization of the exclusive contract bargain test. The resultant reforms adhered to the modern realist emphasis on fairness. The expansion of contractual liability to include promises looking to the past encompasses some of the most important reforms of the consideration contract since its genesis. As a consequence, contractual liability can no longer be defined solely in terms of bargain consideration since contract law now includes a broader range of promissory liability.
This new edition provides paediatricians and trainees with a complete guide to the physical diagnosis of diseases and disorders in children. Divided into 39 sections, the book begins with an overview of paediatric history and examination, growth and development, neonatal medicine, genetics, and nutrition. Each of the following sections covers diagnosis of disorders in different sub-specialties. Each case is presented in a step by step format describing aetiology, pathology, clinical features and differential diagnosis in depth. The second edition has been fully revised and new chapters on podiatry, surgical urology and neurosurgery added. Edited by recognised Glasgow-based experts, this comprehensive atlas features more than 2000 clinical photographs, diagrams and tables across nearly 1000 pages. Key points Complete guide to diagnosis of paediatric diseases and disorders Fully revised second edition with new topics and more than 2000 images and illustrations Internationally recognised editor and author team Previous edition (9789351521525) published in 2014
Thoroughly revised and updated, the New Edition of this definitive text explains how to care for neonates using the very latest methods. Of diagnosis and treatment.Rennie & Roberton's Textbook of Neonatology, 5th Edition represents the state-of-the-art on neonatal care, providing not only detailed pathophysiology and clinical chapters on every condition of the neonate but also comprehensive chapters on the psychosocial aspects of neonatology, such as handling perinatal death and ethical and legal aspects of neonatal care. Contributions from Fetal Medicine experts and Obstetricians provide valuable peripheral information essential to the practice of neonatology.Rennie & Roberton's Textbook of Neonatology, 5th Edition is the gold standard for neonatal care and will be an invaluable tool for everyone involved in the care of the neonate. It serves as an authoritative reference for practitioners, a valuable preparation tool for neonatal certification exams, and a useful resource for the entire neonatal care team Improved illustration program throughout –color figures, line drawings. Will facilitate quick review and enhance comprehension. Major changes have been made to the chapters on genomics, screening,and a range of neurologic, respiratory and cardiovascular disorders including: resuscitation and ventilation, chronic lung disease, periventricular leucomalcia.This book continues to provide the user with the latest clinically relevant applications in diagnosis and management to enable user to derive appropriate differential diagnosis and management plans. Latest advances in imaging techniques included (CT, cranial ultrasonography, MRI. There has been tremendous growth in the pace of development and refinement of imaging techniques. This book will ensure that the user if fully aware of their clinical applications. Incorporates the latest guidelines on clinical governance (as recommended by RCPCH).Helps ensure implementation of appropriate management plans. Selected “key references now included at end of each chapter. Experts carefully select the most important articles for further reading to facilitate further understanding/research
- NEW! Updated information on Antidiabetic Agents (orals and injectables) has been added throughout the text where appropriate. - NEW! Updated content on Anticoagulant Agents is housed in an all-new chapter. - NEW! Colorized abbreviations for the four methods of calculation (BF, RP, FE, and DA) appear in the Example Problems sections. - NEW! Updated content and patient safety guidelines throughout the text reflects the latest practices and procedures. - NEW! Updated practice problems across the text incorporate the latest drugs and dosages.
The United Nations Convention on Contracts for the International Sale of Goods (CISG) has become the key framework for drafting international sales contracts and resolving resulting disputes. The remarkable progress of this epoch-making uniform international law calls for a new edition (the fifth) of the late Professor Honnold’s preeminent commentary, now issued under the authoritative hand of Harry M. Flechtner, editor of the fourth edition and a National Correspondent for the United States at UNCITRAL. Professor Flechtner updates Professor Honnold’s in-depth article-by-article exposition, addressing newly arising issues and taking into account the numerous decisions and scholarly analyses that have focused on the CISG in the twelve years since the last edition in 2009. Also expertly updated is Professor Honnold’s masterly overview of the development and implementation of the text of the CISG, as well as his authoritative insights into the underlying principles and purposes of the treaty. Taking into account the myriad variations among distinct legal systems, the commentary expertly treats all crucial aspects of sales contracts, including the following: delivery of the goods and handing over of documents; conformity of the goods and third-party claims; obligations of the parties; payment of the price; taking delivery; anticipatory breach; instalment contracts; remedies for breach of contract; damages; interest; exemptions; limits and effects of avoidance; preservation of the goods; and risk of loss. The CISG is widely regarded as the most significant body of international sales law and the most successful international commercial treaty in history. This new edition provides tribunals, practitioners, and scholars invaluable up-to-date insights into the meaning of each article of the Convention. The multitude of authorities consulted, many dating from the past few years, will continue to influence the promotion of international sales contract uniformity, encourage the settlement of disputes, and help to reinforce consensus in the application of the Convention.
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