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Franco Ferrari and Diego P. Fernández Arroyo

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Private International Law

Contemporary Challenges and Continuing Relevance

Edited by Franco Ferrari and Diego P. Fernández Arroyo

Is Private International Law (PIL) still fit to serve its function in today’s global environment? In light of some calls for radical changes to its very foundations, this timely book investigates the ability of PIL to handle contemporary and international problems, and inspires genuine debate on the future of the field.
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Edited by Franco Ferrari and Diego P. Fernández Arroyo

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Hossein Fazilatfar

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Hossein Fazilatfar

As one scholar states: “Few legal issues ignite such major debates amongst lawyers as the issue of mandatory rules of law.” Mandatory rules are the imperative provisions of law, which must be applied to a transaction involving a foreign element, irrespective of the law that governs that transaction. In other words, mandatory rules are laws that may not be derogated from or excluded by contracting parties. Article 9 of the Rome I Regulation refers to mandatory rules as overriding mandatory provisions: “provisions the respect for which is regarded as crucial by a country for safeguarding its public interests, such as its political, social or economic organization, to such an extent that they are applicable to any situation falling within their scope, irrespective of the law otherwise applicable to the contract ….”

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Hossein Fazilatfar

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Hossein Fazilatfar

Overriding Mandatory Rules in International Commercial Arbitration discusses the applicability of mandatory rules of law in international commercial arbitration and addresses the concerns of the arbitrators and judges at various stages of arbitration and the enforcement of the award.
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Hossein Fazilatfar

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Lionel Smith and Alexandra Popovici

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Lionel Smith and Alexandra Popovici

This review discusses the most important and influential papers in the field of Equity and Trusts. While taking seriously the intimate and historical relationship between English Equity and the law of trusts, it also addresses new and comparative perspectives on the subject, bringing together common law and civil law, doctrinal scholarship and socio-legal analysis, historical approaches to Equity and functional ones. The review includes a wide range of authors and outlooks ranging from Frederic Maitland to recent material on fiduciary obligations and discretionary trusts, highlighting the universality of Equity as a body of law, and the nature of the Trust as a fundamental juristic institution. This literary piece promises to be a useful tool for academics captivated by this subject area.