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Credibility is a determinative factor in many of the immigration cases adjudicated every year (and, each year, the federal immigration agency adjudicates hundreds of thousands of cases). Given the numbers of affected immigrants and the stakes involved, it is essential that the legislature,...
Persistent link: https://www.econbiz.de/10014183693
The aim of this chapter is to evaluate the importance of the environment in Central and Eastern Europe Countries (CEE) in the general context of current social, economic and political reforms since the early 1990s and, more precisely, to examine the extent to which these emerging democracies...
Persistent link: https://www.econbiz.de/10014129151
The article discusses a unique remedy for shareholder and director deadlock within corporations: the appointment of provisional directors to corporate boards. Provisional directors are neutral third parties who are appointed by courts to act temporarily as tie-breaking directors in corporations...
Persistent link: https://www.econbiz.de/10014056282
This article sets out business reasons why companies should develop and adopt anti corruption programs urgently. Usually companies are exhorted to develop such programs based upon reducing liability under the domestic foreign anti corruption laws, such as the Canadian Corruption of Foreign...
Persistent link: https://www.econbiz.de/10014114545
This Essay argues that bankruptcy proceedings are well-suited to resolving mass tort claims. Mass tort cases create a collective action problem that encourages claimants who are worried about available recoveries to race to the courthouse to collect ahead of others. This race can destroy going...
Persistent link: https://www.econbiz.de/10014261487
The proper constitution of an Arbitral Tribunal will determine the validity and enforceability of an award. This paper deals with the different problematics that multi arbitrator tribunals, in specific those panels formed under the scheme of party appointed arbitrators can face during the...
Persistent link: https://www.econbiz.de/10013036880
Persistent link: https://www.econbiz.de/10013101846
The recently enacted Small Business, Enterprise and Employment Act of 2015 makes sweeping changes to the insolvency framework of the United Kingdom, supplanting much of the 1986 Insolvency Act, which had already undergone substantial amendment since its original passage. These changes illustrate...
Persistent link: https://www.econbiz.de/10013015879
This Article develops an analytic framework for understanding the role of uncertainty in regulatory design. It begins by differentiating between three types of uncertainty: legal uncertainty, factual uncertainty, and uncertainty about the application of law to fact. This framework highlights the...
Persistent link: https://www.econbiz.de/10012988322
In modern times, alternative dispute resolution (“ADR") mechanisms including arbitration have evolved as viable means of resolving commercial and investment related disputes, both within local and international jurisdictions. The popularity and more pronounced acceptance of arbitration over...
Persistent link: https://www.econbiz.de/10013242453