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This article seeks to demonstrate that when granting relief under the Cross-Border Insolvency Regulations 2006, the English court may apply foreign law consistent with the US Chapter 15 jurisprudence. Three practical areas where the application of foreign law is often important are bankruptcy...
Persistent link: https://www.econbiz.de/10013138277
The court in Mayhew v. King 2010] EWHC 1121 (Ch) failed to recognise that the principle against divestiture has nothing to do with the principle of pari passu distribution. However, the court's actual application of the principle is in many respects a healthy repudiation of the Court of Appeal's...
Persistent link: https://www.econbiz.de/10013138278
In 2010, Australia introduced the Australian Consumer Law by its Trade Practices Amendment (Australian Consumer Law) Act (No. 2). The standard of consumer protection in the provision of financial services is considered in relation to this new legislation and also the further Australian federal...
Persistent link: https://www.econbiz.de/10013138806
National governments have been forced to use an extraordinary amount of public resources and techniques to contain the global financial crisis (“the crisis”). This Article analyzes the role of the U.K. Tripartite Authorities in dealing with the crisis - both the “ordinary” measures, such...
Persistent link: https://www.econbiz.de/10013139796
Using law and policy as a sustainable competitive advantage source is a recent research stream. This paper illustrates how legal and policy research contributes to firms' strategy in the regulated gambling industry, defined by legislation and jurisprudence. The gambling sector has been a...
Persistent link: https://www.econbiz.de/10013113130
Case law discussions in sport management scholarship and pedagogy frequently focus exclusively on one primary topic area. Thus, a case serves as a textbook example of a specific legal theory and management practice points. Occasionally, a multi-faceted case allows for an elaborate, comprehensive...
Persistent link: https://www.econbiz.de/10013113131
Contemporary NCAA athletics compliance administrators hold the reputation of the institution in their hands. They are charged with a plethora of duties including education, monitoring, and enforcement of all NCAA and conference rules and regulations on their campuses (Max, 2005; NCAA, 2000; Texas A&M,...
Persistent link: https://www.econbiz.de/10013113132
Finally, an analysis of the present situation in EU gambling and sport betting after the recent ECJ decisions will be attempted, via scenarios from primary (national MS practices, policies, and case law) and secondary (Swiss Institute of Comparative Law, 2006; European Gaming and Betting...
Persistent link: https://www.econbiz.de/10013113133
The European Small Claims Procedure is in general an instrument welcome tfor the enhancement it brings about to cross-border enforcement in the European Union. However, the regulation has several flaws, relating, inter alia, to its lack of consumer friendliness, and the lack of uniform rules...
Persistent link: https://www.econbiz.de/10013113164
It is a familiar ideal that the remedy should fit the wrong — this wrong, by this wrongdoer, against this victim. Modern legal systems ordinarily pursue this kind of fit, at least in civil cases, by tailoring the remedy case by case. There is an alternative, though, which is for a legal system...
Persistent link: https://www.econbiz.de/10013113406