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The Faithless Franchisor : Rethinking Good Faith in Franchising

Emerson, Robert W. - 2022

The rapid expansion of franchising requires that the courts, and the law in general, adapt to new circumstances … in Franchising” rule.Currently, remedies for disgruntled parties to franchise agreements are limited to those available …, legal remedies for bad faith in franchising agreements already exist. For example, at common law, tort damages may be …

Persistent link: https://www.econbiz.de/10013491635

The Financial Collateral Directive’s Practice in England

Ho, Look Chan - 2011

This article assesses the operation of the Financial Collateral Arrangements (No.2) Regulations 2003 (FCAR), as amended by the Financial Markets and Insolvency (Settlement Finality and Financial Collateral Arrangements) (Amendment) Regulations 2010. It will be seen that the FCAR has achieved...

Persistent link: https://www.econbiz.de/10013128253

Applying Foreign Law – Realising the Model Law’s Potential

Ho, Look Chan - 2010

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 Resilience of the Principle Against Divestiture in Mayhew v. King

Ho, Look Chan - 2010

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

Making and Enforcing International Schemes of Arrangement

Ho, Look Chan - 2011

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...

Persistent link: https://www.econbiz.de/10013121376

Statutory and Common Law Enforcement of Foreign Insolvency Judgments

Ho, Look Chan - 2011

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...

Persistent link: https://www.econbiz.de/10013124820

Computer-Based Monitoring in the American Workplace : Surveillance Technologies and Legal Challenges

Wen, H. Joseph - 2014

With the explosion in information technology, deploying desktop Internet access for corporations is becoming commonplace. Corporate managers are dealing with issues of protecting their corporations from legal exposure, especially in relation to downloading of pornographic or racist material, and...

Persistent link: https://www.econbiz.de/10013069833

Commercial Law Intersections

Castellano, Giuliano - 2020

Commercial law is not a single, monolithic entity. It has grown into a dense thicket of subject-specific branches that govern a broad range of transactions and corporate actions. When one of these events falls concurrently within the purview of two or more of these commercial law branches - such...

Persistent link: https://www.econbiz.de/10012839039

A Restatement of the English Court's Jurisdiction to Sanction a Scheme of Arrangement

Ho, Look Chan - 2009

Persistent link: https://www.econbiz.de/10012764022

The Evolution of Substantive Investment Protections in Recent Trade and Investment Treaties

Titi, Catharine - 2020

Over the years, the substantive content of international investment agreements (IIAs) has shifted to reflect political change and to respond to lessons learnt in investor-state dispute settlement (ISDS). With a focus on eight IIAs, selected with a view to geographical representativeness, this...

Persistent link: https://www.econbiz.de/10012850942