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Insolvency within Multinational Enterprise Groups

Irit Mevorach

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199544721
eISBN:
9780191705564
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199544721.001.0001
Subject:
Law, Company and Commercial Law

Insolvency within multinational enterprise groups (MEGs) raises complex issues due to the foreign elements of the case and the multiplicity of debtors. The key problem is deciding to what extent and ... More


Commercial Arbitration

Hong-Lin Yu

Published in print:
2011
Published Online:
September 2015
ISBN:
9781845861070
eISBN:
9781474406154
Item type:
book
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9781845861070.001.0001
Subject:
Law, Company and Commercial Law

This book provides a practical guide to the Arbitration (Scotland) Act 2010 together with comparative international case studies. It provides a thorough analysis of the Arbitration (Scotland) Act ... More


Insolvency Goals in Legal Systems

Irit Mevorach

in Insolvency within Multinational Enterprise Groups

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199544721
eISBN:
9780191705564
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199544721.003.0005
Subject:
Law, Company and Commercial Law

Chapters 2 and 3 established that assessing the problem of insolvency within MEGs should be done in light of insolvency goals. This chapter attempts to identify shared key objectives and tasks of ... More


CHANGED CIRCUMSTANCES IN INVESTMENT LAW: INTERFACES BETWEEN THE LAW OF TREATIES AND THE LAW OF STATE RESPONSIBILITY WITH A SPECIAL FOCUS ON THE ARGENTINE CRISIS

Christina Binder

in International Investment Law for the 21st Century: Essays in Honour of Christoph Schreuer

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199571345
eISBN:
9780191705472
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199571345.003.0032
Subject:
Law, Public International Law, Private International Law

This chapter focuses on changed circumstances in investment law with a special focus on necessity. Section B first deals with the diverging findings of the different investment tribunals with respect ... More


Rhetorical Strategies in Arbitration Law

Anna Trosborg

in Legal Discourse across Cultures and Systems

Published in print:
2008
Published Online:
September 2011
ISBN:
9789622098510
eISBN:
9789882207141
Item type:
chapter
Publisher:
Hong Kong University Press
DOI:
10.5790/hongkong/9789622098510.003.0010
Subject:
Linguistics, Sociolinguistics / Anthropological Linguistics

This chapter analyzes the regulative acts in the UNCITRAL Model Law on International Commercial Arbitration and in the Arbitration Law of the People's Republic of China. It aims to identify ... More


Uses and Abuses of Cyberspace: Coming to Grips with the Present Dangers

Andrew Murray

in Realizing Utopia: The Future of International Law

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199691661
eISBN:
9780191738593
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199691661.003.0037
Subject:
Law, Public International Law

Of key importance to the challenge of cyberspace to all areas of law is the distinction between space and cyberspace. Space is the lawyer's natural environment. It represents our place in the ... More


Arbitration Costs: Myths and Realities in Investment Treaty Arbitration

Susan D. Franck

Published in print:
2019
Published Online:
April 2019
ISBN:
9780190054434
eISBN:
9780190054465
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190054434.001.0001
Subject:
Law, Public International Law

Investment treaty arbitration (sometimes called ISDS or investor-state dispute settlement) has become a flashpoint in the backlash against globalization, with costs becoming an area of core scrutiny. ... More


Harmonisation and Diversity in the Private International Law of Mediation: The Rhythms of Regulatory Reform *

Nadja Alexander

in Mediation: Principles and Regulation in Comparative Perspective

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199653485
eISBN:
9780191758270
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199653485.003.0002
Subject:
Law, Comparative Law, Private International Law

This chapter explores the private international law on mediation, which is an emerging dispute resolution field and the subject of considerable regulatory reform. It begins by exploring the role of ... More


Toward a Multilateral Framework for Recovery from Sovereign Insolvency

Barry Herman

in Too Little, Too Late: The Quest to Resolve Sovereign Debt Crises

Published in print:
2016
Published Online:
January 2017
ISBN:
9780231179263
eISBN:
9780231542029
Item type:
chapter
Publisher:
Columbia University Press
DOI:
10.7312/columbia/9780231179263.003.0012
Subject:
Economics and Finance, Macro- and Monetary Economics

This chapter proposes that the UN General Assembly further develop a set of principles to guide governments and international institution creditors when restructuring sovereign debt and guide the IMF ... More


UNCITRAL and the Internationalization of Government Procurement Regulation

Caroline Nicholas

in The Internationalization of Government Procurement Regulation

Published in print:
2017
Published Online:
March 2017
ISBN:
9780198796749
eISBN:
9780191837975
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198796749.003.0004
Subject:
Economics and Finance, Macro- and Monetary Economics, International

This chapter considers how, and the extent to which, the process of international law-making contributes to the internationalization of regulations and their use. With reference to the development of ... More


Public Procurement in Global and Regional Trade Agreements: Lessons Learned in Armenia

Eliza Niewiadomska and Astghik Solomonyan

in The Internationalization of Government Procurement Regulation

Published in print:
2017
Published Online:
March 2017
ISBN:
9780198796749
eISBN:
9780191837975
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198796749.003.0007
Subject:
Economics and Finance, Macro- and Monetary Economics, International

The EBRD-UNCITRAL Public Procurement Reform Initiative is a technical cooperation program of the European Bank for Reconstruction and Development (EBRD) and the United Nations Commission for ... More


SME Participation in Government Procurement Markets: Legal and Policy Considerations under the WTO Agreement on Government Procurement and the UNCITRAL Model Law on Public Procurement

Caroline Nicholas and Anna Caroline Müller

in Small and Medium-Sized Enterprises in International Economic Law

Published in print:
2017
Published Online:
June 2017
ISBN:
9780198795650
eISBN:
9780191836961
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198795650.003.0006
Subject:
Law, Public International Law

This chapter considers policy measures to increase the participation of SMEs in government procurement and their potential economic and social policy benefits. It considers the scale and importance ... More


Framework for an Analytical Account—The ‘Autonomous’ Status of the Lex Mercatoria

Orsolya Toth

in The Lex Mercatoria in Theory and Practice

Published in print:
2017
Published Online:
March 2017
ISBN:
9780199685721
eISBN:
9780191765711
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199685721.003.0005
Subject:
Law, Company and Commercial Law, Private International Law

This chapter examines the status of the lex mercatoria as autonomous law by discussing the concept of ‘a-national usage’. It is controversial whether the lex mercatoria is an autonomous legal system. ... More


Conflicts Recognition of the Lex Mercatoria: The Status Quo

Orsolya Toth

in The Lex Mercatoria in Theory and Practice

Published in print:
2017
Published Online:
March 2017
ISBN:
9780199685721
eISBN:
9780191765711
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199685721.003.0009
Subject:
Law, Company and Commercial Law, Private International Law

This chapter examines the lex mercatoria as the governing law in arbitration and evaluates the status quo by reviewing arbitral awards. It discusses the development of the conflict of laws in ... More


Investment Arbitration: Learning from Experience

Jonathan Ketcheson

in Shifting Paradigms in International Investment Law: More Balanced, Less Isolated, Increasingly Diversified

Published in print:
2016
Published Online:
April 2016
ISBN:
9780198738428
eISBN:
9780191801723
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198738428.003.0006
Subject:
Law, Public International Law, Environmental and Energy Law

The concept of sustainable development only provides broad guidance as to the design of investor–State dispute settlement (ISDS). The need to strike a balance between competing concerns suggests that ... More


The Way Forward

Susan D. Franck

in Arbitration Costs: Myths and Realities in Investment Treaty Arbitration

Published in print:
2019
Published Online:
April 2019
ISBN:
9780190054434
eISBN:
9780190054465
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190054434.003.0009
Subject:
Law, Public International Law

To synthesize preceding chapters and point the way forward, Chapter 9 first identifies the need for enhanced transparency on costs and rationalization, particularly in early stages of disputes to ... More


Assessment of International Instruments

Irit Mevorach

in The Future of Cross-Border Insolvency: Overcoming Biases and Closing Gaps

Published in print:
2018
Published Online:
April 2018
ISBN:
9780198782896
eISBN:
9780191826115
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198782896.003.0006
Subject:
Law, Company and Commercial Law, Private International Law

This chapter assesses the key international instruments for cross-border insolvency, primarily the Model Law on Cross-Border Insolvency (the MLCBI), and the related cross-border aspects of insolvency ... More


E-commerce and the Internet of Money

Ethan Katsh and Orna Rabinovich-Einy

in Digital Justice: Technology and the Internet of Disputes

Published in print:
2017
Published Online:
April 2017
ISBN:
9780190464585
eISBN:
9780190464615
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190464585.003.0004
Subject:
Law, Company and Commercial Law

Chapter 3 opens Part II of the book with a focus on e-commerce. E-commerce is the arena in which ODR is most developed and where it has been embraced by public international bodies interested in ... More


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