The UK Cross-Border Insolvency Regulations 2006 (CBIR) permits discretionary relief in the form of applying foreign insolvency law. There is no convincing common-law objection to the application of foreign law.The ability to apply foreign law pursuant to the CBIR is consistent with Chapter 15 of...

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...

“Extreme” weather has become the new normal. What were previously considered to be inexplicable and unpredictable “acts of God” can no longer reasonably be said to be so. They are acts of man. The established doctrine of contractual impracticability rests on the notion that a party may...

In 2016 and 2017, states continued their engagement with international investment law. A small minority of states displayed scepticism or tried to disengage themselves from their investment law obligations. This chapter addresses select institutional developments in international investment law...

Over the years, the substantive content of international investment agreements (IIAs) has shifted to reflect political change and to respond to lessons learnt in investor-state dispute settlement (ISDS). With a focus on eight IIAs, selected with a view to geographical representativeness, this...

International investment law is undergoing a time of reflection, review and revision. Increasing dissatisfaction with the functioning of the current system that governs the protection of international investment and the wish to ensure that investment is channelled towards sustainable development...

It is a well-established fact that universities in the United States are examining processes of expanding into the international market by attracting students from all over the world. This global strategy by U.S. universities and colleges expands their footprint, increases partnerships with...

Scholars have examined the National Collegiate Athletic Association’s (NCAA) definition, development, and application of amateurism (Allison, 2001; Byers, 1995; Crowley, 2006; Falla, 1981; Glader, 1978; Sack & Staurowsky, 1998; Smith, 1993; Thelin, 1996; Watterson, 2000; Wheeler, 2004), but the matter of amateurism as it...

This article discusses the legal status of links, in connection with the pending cases before the Court of Justice of the European Union in Svensson, C More and BestWater. Hyperlinks, deep links, framed links and embedded links are discussed. It focuses on the Opinion of the European Copyright...

Notorious for its non-participation in the international system of investment protections, Brazil is one of the most popular destinations for foreign direct investment (FDI) around the world. But unlike most countries, including its neighbours in Latin America, Brazil is neither party to any...