Against the veto solution in cross‐border avoidance law
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
Insolvency assistance outside the Model Law: Section 426 of the UK Insolvency Act 1986
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
NAFTA Chapter 11 Investor-State Cases: Lessons for the Central America Free Trade Agreement [PDF]
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
Arbitration in cross‐border insolvency proceedings: The Chinese perspective
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
From Columbus to Cooperation - Trade and Shipping Policies from 1492 to 1992 [PDF]
This Article summarizes the history of international trade agreements from the time of Columbus to the ...
Sweeney, Joseph C.
core +2 more sources
A comparative study in the UNCITRAL model law about the independence of the arbitration clause
The aim of the paper was to investigate the independence of the arbitration clause from the main contract in the International Commercial Arbitration Law of Iran with a comparative study in the UNCITRAL model law.
Atefeh Darami Zadeh, Shapur Farhangpur
doaj
The goals and theories of the new Ethiopian insolvency regime against global benchmarks
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
International arbitration in Greece [PDF]
Arbitration in Greece has both a long history, and an exciting present. This paper explores the landscape of arbitration in Greece and its key features.
Roussou Eirini
doaj +1 more source
Experts and arbitration outcomes: Insights from public procurement contract disputes
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
A Response to the Criticism against ISDS by EFILA [PDF]
Peer ...
Alvarez, Gloria Maria +8 more
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