Results 61 to 70 of about 14,399 (225)
Canadian cross‐border insolvency law and the triumph of “modified universalism”: A retrospective
International Insolvency Review, Volume 33, Issue 3, Page 399-420, Winter 2024.Abstract “This article examines the implementation of the Model Law on Cross‐Border Insolvency in Canada and the evolution of the concept of “modified universalism”. In particular, the article argues that Canadian courts have developed an expansive view of modified universalism, based upon a liberal and purposive interpretive approach, that prioritizes
Alfonso Nocilla
wiley +1 more source
The Right to Regulate in Investor- State Arbitration: Slicing and Dicing Regulatory Carve-Outs [PDF]
, 2016 This Article examines the “right to regulate” as the power of a sovereign state to adopt and maintain government measures for public welfare objectives. It explores how claims by foreign investors in investor–state dispute settlement (ISDS) may interfere
Korzun, Vera
core +3 more sources
International Insolvency Review, Volume 33, Issue 3, Page 493-521, Winter 2024.Abstract This paper examines the evolving discussions on directors’ duties in the insolvency context within the EU, particularly in light of recent harmonisation initiatives such as the 2019 Directive on Restructuring and Insolvency and the 2022 Proposal mandating a duty to file for insolvency.
Jessie Pool, Georg Wabl
wiley +1 more source
The Spirit of Society Journal: International Journal of Society Development and EngagementDigital-based global trade has transformed cross-border transactions into an ecosystem that relies on electronic contracts, online marketplaces, fintech payment channels, algorithmic mediation, and cross-jurisdictional data flows.
Tjahjana Budiman
doaj +1 more source
De Jure, 2023 International business arbitration is not covered by Namibia’s present arbitration law, the Arbitration Act 42 of 1965 (the Act). There is no explicit language in the Act that addresses foreign arbitration as the Act, solely by default, covers national ...
Tapiwa Victor Warikandwa +1 more
doaj
Media IurisLaw No. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution regulates the arbitration process in Indonesia, but it does not yet provide an adequate system regarding the evidentiary mechanism.
Enditianto Abimanyu +1 more
doaj +1 more source
The Urgency of Reforming Indonesian Arbitration Law From a Paradigmatic Perspective
Arena HukumOver time, a growing interest has emerged among various stakeholders in reforming Indonesia’s Law No. 30 concerning arbitration and alternative dispute resolution.
Taufiqurrahman Taufiqurrahman +1 more
doaj +1 more source
On Investment Law and Questions of Change
, 2018 This article analyses the various ways in which investment law raises questions of change. It distinguishes between changes in international investment norms, and changes in a host state’s regulatory system which is subject to the control of such norms ...
Paine, J.
core +1 more source
THE LEGAL CAPACITY OF INTERNATIONAL CONVENTIONS AND LAWS TO LEGALISE E-ARBITRATION
Journal of International Studies, 2021 Traditional arbitration is not seen as exhaustive anymore and faces several shortcomings in dealing with international commercial disputes. Therefore, the need for a more effective arbitration method to complement the existing traditional method of ...
Mohamad Fateh Labanieh +2 more
doaj
Arbitration in Iran: Challenges and Opportunities [PDF]
Iranian Journal of International and Comparative LawIran’s Law on International Commercial Arbitration (LICA), inspired by the UNCITRAL Model Law on International Arbitration, was enacted in 1997 with the aim of modernizing the country’s approach to international commercial disputes.
Javad Arabshirazi
doaj +1 more source