Suchergebnisse

"This book has taken an extremely important and unexplored subject, Islamic international law, which has often been largely presented only within the theological texts. However, this book has made a sincere attempt to present this subject with the much-needed academic rigor in the context of modern international law. The learned authors, through their in-depth research, have identified the following facts and principles. Both systems recognize the doctrine of pacta sunt servanda. Ahd, or pledge, or commitment, which have a huge significance in Islamic law"--

The extent of available pre-judgment asset preservation relief is widely regarded as a unique characteristic of English law and one of the key factors attracting international commercial litigation to the English courts. By taking a novel view of the theoretical foundations of a freezing injunction, this book challenges the long-established view that such an injunction is an in personam form of relief whose sole purpose is to prevent unscrupulous defendants from making themselves judgment-proof. Dr Šaranović combines historical and comparative perspectives to identify several theoretical flaws in the court's jurisdiction to grant this popular form of interim relief. The book demonstrates that the current application of private international law rules in this field leads to inequality among litigants and illegitimate encroachment upon the sovereignty of foreign states. It proposes a range of possible solutions to alleviate concerns about the scope of freezing injunctions both in the domestic and international arena

The extent of available pre-judgment asset preservation relief is widely regarded as a unique characteristic of English law and one of the key factors attracting international commercial litigation to the English courts. By taking a novel view of the theoretical foundations of a freezing injunction, this book challenges the long-established view that such an injunction is an in personam form of relief whose sole purpose is to prevent unscrupulous defendants from making themselves judgment-proof. Dr Šaranović combines historical and comparative perspectives to identify several theoretical flaws in the court's jurisdiction to grant this popular form of interim relief. The book demonstrates that the current application of private international law rules in this field leads to inequality among litigants and illegitimate encroachment upon the sovereignty of foreign states. It proposes a range of possible solutions to alleviate concerns about the scope of freezing injunctions both in the domestic and international arena.

Introduction -- Globalisation and commercial disputes -- Cross-border jurisdiction in commercial disputes -- Party autonomy in private international law and arbitration -- Existing approaches for regulating arbitral jurisdiction -- A global law model for arbitral jurisdiction -- Arbitral jurisdiction from a state court's perspective -- Arbitral jurisdiction : issues before arbitral tribunals -- Conclusions : arbitral jurisdiction architecture.