Courts are rarely asked to judge beauty. Such a subjective practice would normally be anathema to the ideal of objective legal standards. However, one area of federal law has a long tradition of explicitly requiring courts to make aesthetic decisions: the law of design. New designs may be...

is article describes the legal issues of the development and use of electronic arbitration systems as an alternative method of dispute resolution. E-arbitration and arbitration are interrelated concepts, but electronic arbitration aligns with the trends of deformalized arbitration. Despite the...

The International Trade Commission (ITC) has power under Section 337 of the Tariff Act to investigate goods that are being imported unfairly and are affecting a domestic industry. One type of unfair import is a good that violates U.S. intellectual property rights, including patents. Section 337...

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...

A negotiator's Best Alternative to a Negotiated Agreement ("BATNA") is a key source of negotiating power. The BATNA concept was originally developed in the United States and has been exported to other countries through negotiation books and courses. But can negotiators legally rely on BATNA...

In the context of harmonisation of arbitration law and practice worldwide, to what extent do local legal traditions still infuence local arbitration practices, especially at a time when non-Western countries are playing an increasingly important role in international commercial and financial...

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...

While English schemes of arrangement have proved to be a popular restructuring tool for non-English companies, their jurisdiction basis has been controversial. Recent cases (the latest being Re Rodenstock [2011] EWHC 1104 (Ch)) show that the position is far from stable. This article maps out the...

This article argues that the enforcement in England in Re New Cap Reinsurance Corporation of an Australian monetary judgment rendered under Australian insolvency law does not sit easily with the Foreign Judgments (Reciprocal Enforcement) Act 1933. This is because the Foreign Judgments...

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...