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Reimbursement for Attorney's Fees International Commerce and Arbitration

J�ger, Markus
ISBN-10: 9077596984
ISBN-13: 9789077596982

In our Marketplace:
2 new from $151.20
The present work analyses the reimbursement for attorneys fees with regard to the applicable national laws of Switzerland, Germany, France, England and the United States of America, and with regard to the international arbitration rules and the CISG. The author focuses on the allocation of attorneys fees in contract and tort cases and business law.
The book is divided into three parts dealing with civil procedure rules, international arbitration, and national substantive laws. The author detects contradictions in the rules and principles and argues persuasively for the creation of a general fee-shifting rule. This new volume in our series International Commerce and Arbitration with its broad and unique coverage of multiple topics within the field render the book an indispensable guide for those interested in arbitration and litigation. Table of contents Index of Authorities; Index of Cases; Introduction; Part 1: Procedural Law, Introduction; Europe; A. The Duty to Reimburse; B. The S
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Introduction
Procedural Law
Introduction
Europe
The Duty to Reimburse
Introduction with Regard to Switzerland
Introduction with Regard to France
The General Rule
Other Principles
Withdrawal / Acceptance
Modifications
Unnecessary Attorney's Fees
Partial Win
Settlement
Equity
The Scope and Amount of Reimbursement
Introduction
Switzerland
Current Situation
New Federal Code of Civil Procedure
Germany
Introduction
Trial Attorney's Fees
Pre-Trial Attorney's Fees
England
Introduction
Attorney's Fees of the Case
Conditional Fee
France
Introduction
Trial Attorney's Fees
Pre-Trial Attorney's Fees
Parties' Agreement
United States of America
Introduction
(No) Duty to Reimburse
The American Rule
Exceptions
The Common-Fund Doctrine
The Substantial-Benefit Doctrine
Sanctionable Behavior
Statutory Authorization
The Scope and Amount of Reimbursement
Introduction
Under the Common-Fund and Substantial-Benefit Doctrine
Under Sanctionable Behavior
Under the Bad-Faith Exception
Under Rule
11. FRCP
Under Statutory Authorization
Introduction
Determination of the Attorney's Fees
Prevailing Respondents
Parties' Agreement
Summary
Comparison / Discussion
General Fee-Shifting Rule
International Arbitration Rules
Introduction
The Duty to Reimburse
Applicable Rules
Parties' Agreement
International Arbitration Rules
Costs Follow the Event?
Circumstances of the Case
National Rules
Summary
The Scope and Amount of Reimbursement
Introduction
Applicable Rules
Parties' Agreement
International Arbitration Rules
Scope: The Parties' Legal Costs
Amount: Reasonable / Appropriate / Necessary Attorney's Fees
National Fee Schedules and National Rules
Sufficient Proof / Evidence of Scope and Amount
Summary
Substantive Law
Introduction
Qualification of Attorney's Fees as Damages
Head of General Damages
National Laws
CISG
Head of Special Damages
Contract and Tort
Breach of Arbitration Agreement
Comments
National Laws
CISG
Breach of Arbitration Agreement
Concluding Remarks
Index of Abbreviations
Index of Authorities
Index of Cases
Index


List price: $112.00
Edition: 2010
Publisher: Eleven International Publishing
Binding: Trade Cloth
Pages: 208
Size: 6.25" wide x 9.50" long x 0.50" tall
Weight: 0.24 lbs.
Language: English

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