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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...
Persistent link: https://www.econbiz.de/10012841950
Issues of interpretation and application of international agreements in the e-commerce system is a highly topical issue. International legal regulation of e-commerce provides the reliability and safety of international electronic transactions, the distribution of which is now almost beyond...
Persistent link: https://www.econbiz.de/10012947831
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...
Persistent link: https://www.econbiz.de/10014153227
Generally speaking, each individual jurisdiction has adopted its own approach concerning the rules on the determination of the governing law applicable in proceedings in international matters. In the international practice, arbitral panels usually distinguish four relatively autonomous areas...
Persistent link: https://www.econbiz.de/10013081363
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...
Persistent link: https://www.econbiz.de/10014201968
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...
Persistent link: https://www.econbiz.de/10013016672
The proliferation of rules aimed at the management of cross-border insolvencies has not been coupled with sufficient attention to the choice of law rules relating to the avoidance of antecedent transactions as legal acts detrimental to all the creditors. This article is the first of its kind in...
Persistent link: https://www.econbiz.de/10014216751
In explaining the concept of centre of main interests (COMI) within the UK Cross-Border Insolvency Regulations 2006 (CBIR), the Englush court in Re Stanford International Bank over-emphasised third-party ascertainability due to an apparent lack of appreciation of the different functions...
Persistent link: https://www.econbiz.de/10013155207
This paper deals with the question of the determination of the applicable law in international commercial arbitration. In particular, it focuses on the determination of the substantive law governing the legal relationship of the parties, as the law which needs to be distinguished from the law...
Persistent link: https://www.econbiz.de/10013013907
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...
Persistent link: https://www.econbiz.de/10013036880