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This paper explains the operation of English set-off rules, especially in an insolvency scenario, including cross-border insolvency. In addition to serving as a concise exposition of the law of set-off, this paper discusses case-law and highlight points not mentioned in other set-off texts
Persistent link: https://www.econbiz.de/10014213114
A company voluntary arrangement ('CVA') under Part I of the Insolvency Act 1986 ('IA') is a statutory contract into which terms may be implied on ordinary contractual principles. Although some cases proclaim that the court has no power to vary the terms of a CVA or authorise a breach of the CVA...
Persistent link: https://www.econbiz.de/10014213115
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
This Article analyzes the probative standard set by Section 25 of the Succession Law, which, provided that certain basic conditions are met, enables the validation of flawed wills. The Article presents the position taken by the Supreme Court, according to which Section 25 requires that prior to...
Persistent link: https://www.econbiz.de/10014217886
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
The FA Premier League (“FAPL”) runs the Premier League, the leading professional football league competition for football clubs in England. FAPL’s activities include commercially exploiting the associated broadcasting rights. In maximising the value of the broadcasting rights to its...
Persistent link: https://www.econbiz.de/10014156087
This article reports on research to identify the risks relevant to teens when using these services and provide them with practical guidance regarding how to miminise and avoid such risks. The authors, drawn from the education and law disciplines, undertook to ascertain the actual scale and...
Persistent link: https://www.econbiz.de/10014163996
representative’s right to open an ancillary case so as “to help further the efficiency of foreign insolvency proceedings involving …
Persistent link: https://www.econbiz.de/10014253896
will no doubt improve the efficiency of ICSID-administered proceedings and ISDS more broadly …
Persistent link: https://www.econbiz.de/10014254373
E-commerce is overshadowing face-to-face (F2F) transactions in business-to-consumer (B2C) commerce. This benefits consumers in providing more buying options, but may leave them with no remedies when purchases go awry. This chapter therefore discusses how online dispute resolution (ODR) systems...
Persistent link: https://www.econbiz.de/10014132103