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...

The imputation doctrine in the common law of agency provides that knowledge of an agent acquired in the course of the agency relationship is imputed to the principal. An important exception to the imputation doctrine, known as the adverse interest exception, provides that knowledge is not...

This article examines an issue of fundamental importance to both business and government: the nature of Australian federalism. Federalism in Australia is a concept under attack with pejorative labels such as 'dysfunctional', 'inefficient', 'coercive' and 'opportunistic' increasingly being used...

Neil Komesar's work has transformed our understanding of how institutional analysis should be done. There is one very surprising omission from the breathtaking range of Komesar's oeuvre, however: he has never directly applied his framework to crises. My aim in this Article is to advance, at...

This article discusses the adoption of clear criteria for the adjustment of the bid price in mandatory bids. The analysis takes place in the context of Article 5 of the EU Takeovers Directive which harmonises mandatory bids, the notion of “equitable price” of shares and the adjustment of the...

This paper suggests that bank holding companies are in fact “financial malls.” I demonstrates the problems that they pose for the financial system, not only by size but by inefficient and inappropriate concentration. The article suggests restructuring of bank holding companies by introducing...