Results 51 to 60 of about 5,561 (210)

Insolvency and systemic risks: The macroeconomic costs of director duties in crisis

open access: yesAmerican Business Law Journal, Volume 62, Issue 4, Page 251-269, Winter 2025.
Abstract Traditional insolvency duties are designed to protect creditors, yet in times of financial crisis, they may lead to a wave of bankruptcies. This Article challenges the assumption that director insolvency duties always serve creditor interests, arguing that they can generate “congestion costs”—a surge in bankruptcy cases that overwhelms courts ...
Adi Marcovich Gross
wiley   +1 more source

UNCITRAL Arbitration Rules

open access: yes
U ovome radu nastoji se prikazati arbitraža, to jest arbitražni postupak koji se provodi prema UNCITRAL-ovim arbitražnim pravilima, originalno osmišljenima za ad hoc arbitražu.
Blaži, Fabijan
core   +2 more sources

Radical Reform of the International Investment Treaty Regime: A Role for Climate Clubs?

open access: yesGlobal Policy, Volume 16, Issue 5, Page 798-810, November 2025.
ABSTRACT There is growing concern that provisions in international investment treaties are being used to delay the critically needed transition away from fossil fuels. Although various procedural and substantive reforms have been pursued in recent years, these reforms have thus far failed to tackle the fundamental problems with investment treaties and ...
Kyla Tienhaara   +2 more
wiley   +1 more source

Insiders and Outsiders: The Role of Human Agents and Networks in System Change

open access: yesRegulation &Governance, Volume 19, Issue 4, Page 1074-1085, October 2025.
ABSTRACT This article focuses on the roles of insiders or outsiders in order to theorize the role that human agents play in systems change. It asks: (1) what strengths and weaknesses do insiders and outsiders have respectively as agents of change; and (2) what strategies are available to use these insights to increase, or to limit, the prospects of ...
Miranda Forsyth, Anthea Roberts
wiley   +1 more source

Reflections of an academic activist

open access: yesJournal of Law and Society, Volume 52, Issue 3, Page 345-362, September 2025.
Abstract This article is a contribution to the occasional series dealing with a major book that has influenced the author. Previous contributors include Stewart Macaulay, John Griffith, William Twining, Carol Harlow, Geoffrey Bindman, Harry Arthurs, André‐Jean Arnaud, Alan Hunt, Michael Adler, Lawrence O. Gostin, John P.
JANE KELSEY
wiley   +1 more source

TRATAMENTO LEGAL DO PLANO DE RECUPERAÇÃO EXTRAJUDICIAL BRASILERO NA HIPÓTESE DE INSOLVÊNCIA TRANSNACIONAL - DOI: 10.12818/P.0304-2340.2024v84p351

open access: yesRevista da Faculdade de Direito da Universidade Federal de Minas Gerais
Com 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

A comparative study on the compensation of bankruptcy trustees in insolvent estates

open access: yesInternational Insolvency Review, Volume 34, Issue 3, Page 713-738, Winter 2025.
Abstract A well‐functioning bankruptcy system is essential for economic stability, ensuring the efficient resolution of bankruptcies and the fair distribution of remaining assets. However, many jurisdictions face the issue of “empty,” “assetless,” or “insolvent” estates, where the assets of bankrupt entities are insufficient to cover the costs of the ...
R. D. Vriesendorp, J. M. W. Pool
wiley   +1 more source

The place of micro and small Enterprises in European Insolvency law

open access: yesInternational Insolvency Review, Volume 34, Issue 3, Page 685-712, Winter 2025.
Abstract Micro and small enterprises (MSEs) form the backbone of the European economy but remain particularly vulnerable to financial distress and insolvency. Despite the EU's efforts to harmonise insolvency laws, significant divergences persist among Member States, especially regarding tailored frameworks for smaller businesses.
Oleksiy Kononov
wiley   +1 more source

Harmonizing UNCITRAL Conciliation and State Mediation Law: Developments in Civil Mediation Reform

open access: yes, 2016
The UNCITRAL Model Law on International Commercial Conciliation was introduced in 2002. Now over a decade later, it is important to consider the impact of the Model Law on domestic mediation regimes including Hong Kong, the UK, China.
Ali, S
core  

The three pillars of international arbitration: The New York Convention, UNCITRAL Arbitration Rules, and UNCITRAL Model Law (the history, scope and application of these instruments in international arbitration)

open access: yes, 2023
The three pillars of international arbitration: The New York Convention, UNCITRAL Arbitration Rules, and UNCITRAL Model Law (the history, scope and application of these instruments in international arbitration)
Bashar H. Malkawi (5686073)
core   +1 more source

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