Other recent cases discussed include the Court of Appeal decisions in Ilott v Mitson and its implications for testators who wish to exclude close family members from benefit. Advanced Search.
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The following chapters consider particular kinds of property a testator might own and the legacies he or she might want to make, covering foreign property issues, specific legacies, businesses, land, and gifts of residue. Several chapters deal with a range of both general administrative and specifically trust-related topics, from the likes of abatement and ademption through various administrative powers to perpetuities and accumulation. The next section of the book addresses the construction of Wills, leading to consideration of what happens if a gift fails. This, in turn, takes the practitioner on to matters of intestacy and family provision.
The final few chapters outline inheritance tax, capital gains tax, the taxation of settlements and tax-efficient Will planning. Any one of these subjects could, of course, warrant its own book.
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In this guide, however, the fundamental tenets in each area are discussed, and a practitioner would hopefully be alerted to matters on which they might want to seek more detail. Where necessary, chapters have been edited to include recent statute and case law. RNRB or significantly changed e. As each topic is discussed, the practitioner is taken first through the legal position, covering pertinent legislation and case law, and then provided with any relevant precedent clauses together with accompanying explanations.
The balance of this content varies according to the subject under discussion. The chapter on testamentary capacity, for example, includes one or two mentions of statute, only one precedent clause, but significant amounts of case law exploring and explaining various issues relating to capacity. The chapter on executors and trustees, by contrast, contains relatively little legal analysis, but includes numerous precedents to cover the many variables of such appointments.
While the tables of cases, statutes and statutory instruments are all listed alphabetically, as one would expect, the table of precedents is usefully structured by reference to each chapter, making it easy to identify the precedents available for any given situation. There are no restrictions on who can use ICC Arbitration or who can act as arbitrators.
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The only requirement is that the parties to a contract, treaty, or separate arbitration agreement have agreed on ICC Arbitration. The ICSID is an international organization that offers institutional and procedural support for alternative dispute resolution between international investors. It is funded by the World Bank, and participation is through state membership.
JAMS bills itself as the largest private alternative dispute resolution ADR provider in the world, and it specializes in multi-party business and commercial cases. JAMS International handles cross-border disputes. The CAS only has jurisdiction to rule on disputes connected with sport.
A dispute may be submitted to the CAS if there is an arbitration agreement between the parties which specifies recourse to the CAS. The CAS hears both commercial and disciplinary disputes related to sport. UNCITRAL does not conduct arbitrations, but it has published a set of recommended rules and procedures for alternative dispute resolution of international commercial disputes. These rules are widely used and cover all aspects of the arbitral process. The importance of an earlier arbitration decision as persuasive authority is influenced both by the similarity of the facts and issues and by the experience of the arbitrator.
Citation to arbitration decisions arising from unrelated disputes as persuasive authority is becoming increasingly common. This practice is not without controversy.
It has been noted that citing to other arbitration decisions defeats one of the advantages of arbitration, which is its informality and strict adherence by the arbitrator to the terms of the underlying agreement. The following resources contain arbitration opinions from a variety of sources. Electronic Resources. The FAA established the enforceability of valid arbitration provisions in commercial contracts.
These laws address the applicability and administration of arbitration provisions within contracts, including selection of arbitrators, conduct of the proceedings, confirmation of awards and the ability to appeal awards. The New York Convention is a multi-state agreement that requires courts of contracting states to enforce private arbitration agreements and to recognize arbitration awards made in other contracting states. There are currently more than member states. It is considered to be one of the foundational agreements for international arbitration.
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Court watching Duke Law experts discuss cases coming before the Supreme Court as term begins. New Duke Law center will delve into science of criminal justice The Center for Science and Justice, led by Professor Brandon Garrett, will apply legal and scientific research to reforming the criminal justice system.
Meet the 1Ls Class of brings diverse backgrounds, accomplishments, ambitions to Duke Law. Access to justice wins Demo Day Technology that aids pro se litigants, people seeking expunctions impresses judges at Duke Law Tech Lab's signature event. C37 This is a comprehensive treatise on the origin and practice of arbitration law in the United States.
It addresses arbitration of domestic as well as international claims. Described as an easy to read guide that covers all stages of the arbitration process, from drafting the agreement through enforcement of the award. Includes forms, checklists, and practice tips. Huber, Weston, Arbitration: Cases and Materials , 3rd ed.
Trying Your First Case: A Practitioner's Guide
H83 This textbook covers the origins of arbitration and walks through the seminal statutory and case law that shaped current day arbitration. Also included are chapters on enforceability of arbitration provisions, arbitration procedures, powers of and ethical constraints on arbitrators, and judicial review of awards. Published by Practising Law Institute and updated regularly, this volume covers the history of arbitration through enforcing the award.
It also includes chapters on arbitrating in particular legal areas, such as labor and construction.
watch This three-volume set provides a comprehensive commentary on international commercial arbitration, including the legal framework for international arbitration agreements, international arbitral procedures, and the form, content, and consequences of awards. G87