Results 61 to 70 of about 5,561 (210)

A developing country's perspective: Reforming insolvency laws to encourage their usage

open access: yesInternational Insolvency Review, Volume 34, Issue 3, Page 517-545, Winter 2025.
Abstract Opportunities in developing countries draw multinational companies, which include but are not limited to low‐cost labour and abundant raw materials. As with any enterprise in any part of the world, there is a risk of business failure when multinational companies operate in developing countries.
Phoebe Gatoto
wiley   +1 more source

Adoption of UNCITRAL Model Law on Arbitration through the Legislation of States

open access: yes, 2017
The United Nations Commission on International Trade Law (henceforward: UNCITRAL) framed the Model Law on International Commercial Arbitration on December 11, 1985. Presently, more than 30 years later, the UNCITRAL Model Law was adopted by 76 states in a
Ferenczy, Áron
core  

Ipso facto clauses in cross‐border insolvency: From STX Pan Ocean to Hanjin Shipping and beyond

open access: yesInternational Insolvency Review, Volume 34, Issue 3, Page 793-821, Winter 2025.
Abstract This article examines the enforceability of ipso facto clauses in cross‐border insolvency, with a focus on the landmark STX Pan Ocean case. This case highlighted divergent judicial approaches and the critical role of legal frameworks in conflict‐of‐laws scenarios, as evidenced by the contrasting outcome in the Hanjin Shipping case.
WooJung Jon
wiley   +1 more source

China's instrumentalist greenisation of the new‐generation IIAs

open access: yesReview of European, Comparative &International Environmental Law, Volume 34, Issue 2, Page 550-565, July 2025.
Abstract In the context of the global trend of greening international investment agreements (IIAs) after Rio+20, China is taking a more active role in greening its IIAs than before, albeit with inconsistent patterns. This article analyses the driving factors for its change after Rio+20 and argues that China's IIA greenisation is instrumentalist at ...
Shixue Hu
wiley   +1 more source

UNCITRAL Model Law and arbitration in selected European countries [PDF]

open access: yes, 2020
UNCITRAL Model Law and arbitration in selected European countries Abstract The UNCITRAL Model Law on International Commercial Arbitration has an undeniably crucial unifying effect on arbitration laws worldwide, which is evidenced by an ever-increasing ...
Drzková, Veronika
core  

Do the SALINI Criteria apply to the Definition of an Investment provided in Annex 1 of the 2006 and 2016 SADC Protocol on Finance and Investment? An Assessment

open access: yesPotchefstroom 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

Towards a Better Commercial Arbitration: Should Ethiopia Ratify the New York Convention?

open access: yesMizan Law Review, 2019
The 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral awards is currently ratified by 161 states. The Convention gives a visa for arbitral awards made in a Convention state and guarantees enforcement of the award elsewhere ...
Mesfin Beyene
doaj  

Secured Transactions Law and Capital Requirements: Enhancing Access to Credit and Financial Stability

open access: yes, 2017
Dr Castellano was invited at the Fourth International Colloquium on Secured Transactions of the UN Commission on International Trade Law (UNCITRAL).
Castellano, G
core  

UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration, 1st April 2014, OXIO 117

open access: yes, 2023
On July 11, 2013, the United Nations Commission on International Trade Law (UNCITRAL) adopted the UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration (Transparency Rules). The new Transparency Rules are the product of three years of
Shirlow, Esme
core   +1 more source

Generic variation across legislative writing. A contrastive analysis of the UNCITRAL Model Law and Brazil's Arbitration Law

open access: yesHermes, 2004
The nature of legislation is to control human relations and actions by words. Legislative writing displays relative uniformity though, as a genre, some variations are allowed across legal systems, as in the case of arbitration laws.
Celina Frade
doaj   +1 more source

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