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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
The first target of today's global commercial and military espionage, trade secrets, are the only form of intellectual property protection to be based on the necessity of nondisclosure and secrecy rather than on the paradigm of publicity and exploitability, with the obvious consequence that...
Persistent link: https://www.econbiz.de/10012830836
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
This paper gives an overview of the annulment (setting-aside) mechanism in international commercial arbitration. It explores the 'prevailing consensus' on the annulment criteria in the UNCITRAL Model Law and some of the more common deviations from such consensus present in contemporary national...
Persistent link: https://www.econbiz.de/10014194752
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...
Persistent link: https://www.econbiz.de/10013149492
Since 9/11, both the phenomenon and study of international terrorism-- also known as transnationaI terrorism-- has become more prominent in government, media, scholarly, and educational circles. This chapter provides a brief overview of international terrorism, including domestic and...
Persistent link: https://www.econbiz.de/10014145667
The response to the trafficking of women is primarily dominated by the discourse of criminal law both internationally and nationally. By contrast, in the refugee law context, women are constructed as victims in a ‘culturally relative', patriarchal society. This paper explores the tensions...
Persistent link: https://www.econbiz.de/10013144028
Growing out of the authors' work for the International Criminal Court, which was sponsored by a grant from the Open Society Institute, No Way Out examines one of the most vexing legal questions facing the International Criminal Court - whether a State that has referred a case to the Court can...
Persistent link: https://www.econbiz.de/10013224902
The goal of the Global Impunity Index (GII) is to make visible, in quantitative terms, the impunity worldwide and its relationship with other complex phenomena such as inequality, corruption, and violence. • The GII is the most important international academic effort to measure—in...
Persistent link: https://www.econbiz.de/10013229721
The future of corporate criminal liability in the U.S. and around the world may be for failure to adequately act on environmental, social, and governance (ESG) issues. In Europe and elsewhere, courts have found a fundamental right or the equivalent to protection from climate change. That right...
Persistent link: https://www.econbiz.de/10013406348