Non-judicial dispute settlement in international financial transactions

書誌事項

Non-judicial dispute settlement in international financial transactions

edited by Norbert Horn and Joseph J. Norton

(Studies in transnational economic law, v. 13)

Kluwer Law International, c2000

  • : alk. paper

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注記

Includes index

内容説明・目次

内容説明

This work provides a comprehensive analysis of the role of non-judicial dispute settlement in international financial transactions. Whereas arbitration and non-judicial dispute settlement mechanisms are of growing importance in international economic transactions, their present and future role in financial transactions is not yet fully explored. This publication aims to fill this gap in the literature and includes analyses of bank remedies, direct negotiation and mediation in financial and business conflicts, debt renegotiations, restructuring of syndicated loans, arbitration in project financing, and the roles of the ICC, NAFTA and OAS. Some of the expert papers focus in particular on the role of arbitration and dispute resolution in Latin America, Greater China and Russia. The text is based on the edited and revised papers of an international conference - part of a global series of conferences held in 1999 on the "New International Financial Architecture" - organized by the Law Centre of European and International Cooperation (R.I.Z., Cologne), the Centre for Commercial Law Studies (London), the Asian Institute of International Financial Law (Hong Kong), and the SMU Institute of International Banking and Finance (Dallas).

目次

  • Foreword. I. Non-Judicial Dispute Settlement in International Financial Transactions
  • N. Horn. II. Growing Importance of Arbitration in International Finance
  • R. Maclean. III. Bank Remedies: Judicial and Arbitral Recovery
  • G. Walker. IV. Direct Negotiation and Mediation in International Financial and Business Conflicts
  • J. Salacuse. V. ICC Dispute Resolution and International Finance
  • H.G. Naon. VI. Non-Judicial Settlement of Financial Disputes in Latin America
  • C. von Wobeser. VII. International Commercial Dispute Resolution in Greater China: The Prospects and Problems for International Commercial Arbitration: One Country, Three Systems? K. Lynch. VIII. Non-Judicial Settlement of Financial Disputes in Russia
  • T. Kautz. XI. Financial Disputes in the Arab-Middle East With Special Reference to Egypt
  • H. Sarie-Eldin. X. The Evolving United States Experience With Alternative Dispute Resolution Respecting Financial Institution Disputes
  • J.D. Berchild, J.J. Norton. XI. NAFTA and Financial Dispute Resolution
  • M. Gordon. XII. Mechanisms for the Non-Judicial Resolution of Financial Disputes in the Americas, With a Focus on Those Promoted by the Organization of American States
  • W.M. Berenson. XIII. Reflections on the Use of Non-Judicial Dispute Mechanisms as a Response to the Latin American Debt Crisis: The Mexican Case
  • W.M. Berenson. XIV. Renegotiating Debt in a Bankruptcy Context: Living in the Shadow of the Law
  • G.N. Olsen. XV. Restructuring Syndicated Loans: The Effect of Restructuring.

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