Parties to cross-border disputes arising anywhere in the vast Portuguese-speaking world – a community of more than 230 million in a space that offers a wide array of investment opportunities across four continents – increasingly seek Portugal as their preferred seat of arbitration. A signatory to all relevant international conventions, Portugal has proven to be an ‘arbitration-friendly’ jurisdiction. This volume is the first and so far only book in English that provides a thorough, in-depth analysis of international arbitration law and practice in Portugal. Its contributing authors are among the most highly regarded legal names in the country, including scholars, arbitrators, and practitioners. The authors describe how international arbitration proceedings are conducted in Portugal, what cautions should be taken, and what procedural strategies may be suitable in particular cases. They provide insightful answers to questions such as the following: What matters can be submitted to arbitration under Portuguese law? What are the validity requirements for an arbitration agreement? How do the State courts interact with arbitration proceedings and what is the attitude of such courts toward international arbitration? What are the rules governing evidentiary matters in arbitration? How is an arbitration tribunal constituted? How are arbitrators appointed? How may they be challenged? How can an international arbitral award be recognized and enforced? How does the Portuguese legal system address the issue of damages and what specific damages are admitted? How are the costs of arbitration proceedings estimated and allocated? The book includes analyses of arbitration related to specific fields of the law, notably sports, administrative, tax, intellectual property rights (especially regarding reference and generic medicines), and corporate disputes. Each chapter provides, for the topics it addresses, an examination of the applicable laws, rules, arbitration practice, and views taken by arbitral tribunals and state courts as well as those of the most highly considered scholars. As a detailed examination of the legal framework and of all procedural steps of an arbitration in Portugal, from the drafting of an arbitration agreement to the enforcement of an award, this book constitutes an invaluable resource for parties involved in or considering an international arbitration in this country. The guidance that it seeks to provide in respect of any problem likely to arise in this context can be useful to arbitrators, judges, academics, and interested lawyers.

Legal Interpretation of Tax Law' is a comprehensive multi-jurisdiction survey of the interpretation of the corporate income tax and VAT and GST or other general sales tax laws. As a result of the globalization of trade and business, tax departments and their external advisors are increasingly required to deal with the tax law of foreign jurisdictions. Effective consulting, whether internal or external, requires not only knowledge of tax law per se but also of how tax law is explained and interpreted by the courts of foreign jurisdictions. This book is the first to deal comparatively with tax law interpretation in economies engaged in cross-border investment at a global level.00The introduction outlines the theoretical approaches to legal interpretation in general and gives an overview of issues and topics relevant to taxation ? designed to help readers understand the jurisdictional chapters that follow. Each author pays detailed attention to such documentary elements as explanatory memoranda, administrative rulings, judicial precedents, judgments of foreign courts, legislative debates, and OECD guidelines.

The Regulation of the Legal Profession in Ireland is a new and insightful exploration of history, controversy and reform relating to the Irish legal system. During recent legislative debate over a professional reform bill, Alan Shatter--then the Minister of Justice in Ireland--publicly called this study, in its earlier form as a dissertation, "marvellous," and stated that it "should be compulsory reading for us all." He noted that the thesis "sets out the history of the legal profession and how it evolved. It evolved continually until approximately 1870 and then went into paralysis and nothing has changed since. ... It is extraordinarily curious that people think the world stopped in 1870." Professor Laurent Pech, formerly of the School of Law at NUI Galway and now Head of the Law Department at Middlesex University London, has stated that this study "makes a decisive contribution to the on-going scholarly and policy debates on this issue, by evaluating the present regulatory framework and offering a number of suggestions to improve it in a context of increasing transnationalisation of the market for legal services." He added that Hosier's "innovative approach to the problem of lawyers' misconduct is, in particular, worth noting. This aspect of her work has the potential to help alleviate a problem which has been extremely costly for both the legal profession and wider society alike. Her doctoral research also provides a valuable insight into the impact of the Troika upon the regulation of the legal profession in so-called 'bailed-out countries.'" Professor Pech concluded that the author "should be congratulated for having made an exceptional contribution to the current debate on the regulation of the legal profession both nationally and internationally. I have no doubt that her original and thought-provoking work will be useful to policy-makers and scholars alike." This book features Professor John Flood's new, substantive introduction, explaining the worldwide implications of professional reform efforts, the financial crisis that precipitated them, and the relation to regulation of the legal profession in other countries. It also includes the author's notable examination of the effect of the Troika's bailout conditions on law reform possibilities in Ireland. This part of the book was presented in the US at the 2013 annual conference of the Law and Society Association. Finally, the book adds a section on 2014 developments in reform efforts in Ireland. A powerful new addition to the Dissertation Series from Quid Pro Books.

We are currently witnessing an unprecedented transformation in the legal profession and legal education. The Legal Services Act 2007 and the Legal Aid, Sentencing and Punishment of Offenders Act 2012 have both enabled and necessitated dramatic structural changes to the profession, as well as impacting on its ethos and ethicality. The recent Legal Education and Training Review (LETR) promises similarly dramatic change to the provision of legal education, reflecting the shifting landscape of both the legal professional market and Higher Education in general. These transformative changes bring both exciting opportunities and challenges with which everyone involved in the law – from University lecturers, to Senior Partners in leading law firms, to the judiciary – must grapple. This edited collection comprises a selection of papers presented at the 2nd conference of CEPLER, Birmingham Law School's Centre for Professional Legal Education and Research. The aim of the Conference, and thus this collection, was to bring together leading academic scholars, senior figures from professional practice, policy-makers, and representatives of the regulatory authorities, to reflect on the key issues arising from this transformative moment. As such, this volume of essays covers diverse ground, from curriculum development to professional theory, enriched and enhanced by the range of backgrounds and perspectives of its contributors.

The availability of very large data sets and the increase in computing power to process them has led to a renewed intensity in corporate and governmental use of Artificial Intelligence (AI) technologies. This groundbreaking book, the first devoted entirely to the growing presence of AI in the legal profession, responds to the necessity of building up a discipline that due to its novelty requires the pooling of knowledge and experiences of well-respected experts in the AI field, taking into account the impact of AI on the law and legal practice. Essays by internationally known expert authors introduce the essentials of AI in a straightforward and intelligible style, offering jurists as many practical examples and business cases as possible so that they are able to understand the real application of this technology and its impact on their jobs and lives. Elements of the analysis include the following: crucial terms: natural language processing, machine learning and deep learning; regulations in force in major jurisdictions; ethical and social issues; labour and employment issues, including the impact that robots have on employment; prediction of outcome in the legal field (judicial proceedings, patent granting, etc.); massive analysis of documents and identification of patterns from which to derive conclusions; AI and taxation; issues of competition and intellectual property; liability and responsibility of intelligent systems; AI and cybersecurity; AI and data protection; impact on state tax revenues; use of autonomous killer robots in the military; challenges related to privacy; the need to embrace transparency and sustainability; pressure brought by clients on prices; minority languages and AI; danger that the existing gap between large and small businesses will further increase; how to avoid algorithmic biases when AI decides; AI application to due diligence; AI and non-disclosure agreements; and the role of chatbots. Interviews with pioneers in the field are included, so readers get insights into the issues that people are dealing with in day-to-day actualities. Whether conceiving AI as a transformative technology of the labour market and training or an economic and business sector in need of legal advice, this introduction to AI will help practitioners in tax law, labour law, competition law and intellectual property law understand what AI is, what it serves, what is the state of the art and the potential of this technology, how they can benefit from its advantages and what are the risks it presents. As the global economy continues to suffer the repercussions of a framework that was previously fundamentally self-regulatory, policymakers will recognize the urgent need to formulate rules to properly manage the future of AI.

This book compels the legal profession to question its current identity and to aspire to become a strategic partner for corporate executives, clients and stakeholders, transforming legal into a function that creates incremental value. It provides a uniquely broad range of forward-looking perspectives from several different key-players in the legal industry: in-house legal, law firms, LPO’s, legal tech, HR, associations and academia. This publication is a platform for leading legal professionals that offers a new perspective on the accelerating transformation in legal. Combining expert contributions with editorial insights, it argues that the new legal function will shift from a paradigm of security to one of opportunity; that future corporate lawyers will no longer primarily be negotiators, litigators and administrators, but that instead they will be coaches, arbiters and intrapreneurs; that legal knowledge and data-based services will become a commodity; and that analytics and measurement will be key drivers of the future of the profession. A must-read for all legal professionals, this book sets the course for revitalizing the profession.