Reimbursement for Attorney's Fees International Commerce and Arbitration

Name: Reimbursement for Attorney's Fees International Commerce and Arbitration
Price: 106.17 USD
Availability: InStock
ISBN: 9789077596982

ISBN-10: 9077596984

ISBN-13: 9789077596982

Edition: 2010

Authors: Markus Jï¿½ger

List price: $112.50

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Description:

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…

Book details

List price: $112.50
Copyright year: 2010
Publisher: Boom Uitgevers Den Haag
Publication date: 9/30/2010
Binding: Hardcover
Pages: 208
Size: 6.25" wide x 9.50" long x 0.70" tall
Weight: 1.056
Language: English



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