Results 51 to 60 of about 23,981 (210)
Soft and Hard Strategies: The Role of Business in the Crafting of International Commercial Law [PDF]
, 2019 Part I returns to the classic definition of hard international law initially put forward by Kenneth Abbott and Duncan Snidal and related IR scholars and analyzes existing commercial law treaties in light of this definition.
Susan Block-Lieb
core +1 more source
Against the veto solution in cross‐border avoidance law
International Insolvency Review, Volume 34, Issue 2, Page 364-389, Summer 2025.Abstract UNCITRAL is striving to determine the law applicable to cross‐border insolvency avoidances. In principle, this should be the lex fori concursus. However, both Regulation (EU) 2015/848 and the laws of some European countries adopt a combination of lex fori concursus and lex causae called the ‘veto solution’.
Renato Mangano
wiley +1 more source
Revista da Faculdade de Direito da Universidade Federal de Minas GeraisCom a promulgação da Lei 14.112/2020, o Brasil adotou, com poucas alterações, a Lei Modelo da UNCITRAL sobre Insolvência Transfronteiriça. Este artigo analisa os requisitos legais para o reconhecimento de processos estrangeiros e se o plano de ...
Sabrina Maria Fadel Becue
doaj +1 more source
Insolvency assistance outside the Model Law: Section 426 of the UK Insolvency Act 1986
International Insolvency Review, Volume 34, Issue 1, Page 31-47, Spring 2025.Abstract This article critically examines s426 Insolvency Act 1986 and its position in the UK’s Cross Border insolvency firmament. It traces the origins of s426 to a recommendation of the 1982 Cork Committee and notes that it replaced s122 Bankruptcy Act 1914 while giving the substantive provisions a more contemporary feel and modern gloss. The article
Gerard McCormack
wiley +1 more source
Arbitration in cross‐border insolvency proceedings: The Chinese perspective
International Insolvency Review, Volume 34, Issue 1, Page 77-102, Spring 2025.Abstract The approach to recognition and assistance in cross‐border insolvency proceedings in China has tended to be restrictive. In contrast, the approach of Chinese courts to foreign arbitrations has been different. Arbitration has been the favoured means of dispute resolution in China's efforts to participate in world trade and the global economy ...
Yingxiang Long, Rebecca Parry
wiley +1 more source
Potchefstroom Electronic Law Journal, 2020 An investment is the subject matter of an investor-state dispute. Therefore there can be no such dispute if there is no investment to which the dispute relates.
Lawrence Ngobeni
doaj +1 more source
The goals and theories of the new Ethiopian insolvency regime against global benchmarks
International Insolvency Review, Volume 34, Issue 1, Page 122-160, Spring 2025.Abstract This study offers a comprehensive examination of the goals and theoretical foundations of the new Ethiopian insolvency regime. The study identifies and examines the goals of insolvency in Ethiopia to ascertain which interests are protected and how.
Samuel Biresaw, Mia Rahim
wiley +1 more source
NAFTA Chapter 11 Investor-State Cases: Lessons for the Central America Free Trade Agreement [PDF]
, 2005 This report describes how Canadian cattle producers are using NAFTA to demand $300 million in compensation from U.S. taxpayer funds, claiming that the Canadian cattle import ban instituted after mad cow disease was found in Canada violates their NAFTA ...
Lori Wallach, Mary Bottari
core
reconciling party autonomy and the international rule of law [PDF]
, 2019 This paper focuses on one particular issue which has arisen in the course of the ongoing debate on the reform of investor-State dispute settlement (ISDS), namely that of the appointment of arbitrators.
Devaney, James
core +1 more source
Experts and arbitration outcomes: Insights from public procurement contract disputes
Kyklos, Volume 77, Issue 4, Page 922-943, November 2024.Abstract We explore the use of experts in arbitration proceedings by analysing public procurement contract disputes in Italy. Balancing cost with accuracy, participants to a contract select arbitration when speedy dispute resolution is valued highly.
Claudio Detotto +3 more
wiley +1 more source