This article argues that the enforcement in England in Re New Cap Reinsurance Corporation of an Australian monetary judgment rendered under Australian insolvency law does not sit easily with the Foreign Judgments (Reciprocal Enforcement) Act 1933. This is because the Foreign Judgments...

Section 365 of the Bankruptcy Code (“Code”), which focuses on the post-petition continuation of pre-petition contractual relations, controls the assumption and rejection of executory contracts and unexpired leases by a trustee or debtor-in-possession (“DIP”) in all bankruptcy cases....

In today's regulatory environment, a corporation engaged in wrongdoing can be sure of one thing: regulators will point to an ineffective compliance program as a key cause of institutional misconduct. The explosion in the importance of compliance is unsurprising given the emphasis that...

The proper constitution of an Arbitral Tribunal will determine the validity and enforceability of an award. This paper deals with the different problematics that multi arbitrator tribunals, in specific those panels formed under the scheme of party appointed arbitrators can face during the...

This Article is the first comprehensive study of how American courts have resolved conflicts of laws arising from cross-border torts over the last four decades. This period coincides with the confluence of two independent forces: (1) a dramatic increase in the frequency and complexity of...

This chapter considers the landmark status of the House of Lords in Thorner v Major [2009] UKHL 18, understanding it as an example of story-telling in the law. The chapter explores the issues surrounding the equitable doctrine of proprietary estoppel, as it applies in particular in the context...

Since the global financial crisis of 2007, regulators and economists have analysed the moral hazards inherent in institutional arrangements which encouraged economic actors to act irresponsibly. The process of institutional reform must extend to review of legal rules which allow transacting...

This paper seeks to devise a theoretical explanation for recent disputes over the construction of an outlet from Devils Lake, North Dakota, in a way that affords a predictive framework for future international environmental law issues. Opponents of the outlet alleged it would violate U.S....

The ad hoc institutional configurations that facilitated the resolution of sovereign insolvency for over thirty years are fragmenting. In the absence of an acceptable alternative, the recent pari passu decision reveals the dangers of common law courts pressured to enforce contracts and paper...

Conflict is an inevitable facet of international relations. As much as the nations of the world work harmoniously in order to achieve their mutual interest, they also disagree as they strive to protect and preserve their individual national interests. Where conflict is inevitable and is part of...