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International investment law is undergoing a time of reflection, review and revision. Increasing dissatisfaction with the functioning of the current system that governs the protection of international investment and the wish to ensure that investment is channelled towards sustainable development...
Persistent link: https://www.econbiz.de/10012855101
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The principle of uberrima fidei or utmost good faith is one of the hallmarks of insurance law and has been in vogue at least since the eighteenth century. However, the insurance market as was in existence at that time has changed considerably in the present. This has resulted in a review of the...
Persistent link: https://www.econbiz.de/10013049755
A deep-seated rule in Israeli law is that the bank owes a fiduciary duty to its customers. The concept of imposing a fiduciary duty on banks is not originally an Israeli one. The Israeli courts adopted it from British law. However, from the moment that it was introduced in Israel, the courts...
Persistent link: https://www.econbiz.de/10013055157
According to Israeli law, the bank owes a fiduciary duty to its customers. However, recently, the Israeli courts have expanded the doctrine of the ban's fiduciary duty in various ways: In terms of the content o the duty; in terms of the scope of the beneficiaries – other than customers –...
Persistent link: https://www.econbiz.de/10013055159
The banker-customer relationship is a contractual relationship based on a contract between the parties. As a contractual relationship, it is governed by contract law. However, contract law does not provide the customer with the protection he or she requires against the bank. Therefore, the...
Persistent link: https://www.econbiz.de/10013055161
The article deals with the duty of disclosure that is imposed on the bank. Various legal systems impose a duty of disclosure on the bank vis-à-vis the customer. However, this “duty of disclosure” is a narrow duty that only obliges the bank to provide the customer with the informative data...
Persistent link: https://www.econbiz.de/10013055164
A deep seated rule in Israeli case law is that the bank owes a fiduciary duty to its customers. The concept of imposing a fiduciary duty on banks was adopted by the Israeli courts from English principles of Equity. However, the Israeli courts expanded the notion far beyond its original English...
Persistent link: https://www.econbiz.de/10013055167
The SCOPIC clause (Special Compensation P&I Club Clause) provides an alternative remuneration to salvors, which is computed differently to the awards provided in Article 13 and Article 14 of the International Convention on Salvage (1989). In essence, SCOPIC provides agreed tariff rates under the...
Persistent link: https://www.econbiz.de/10013019761
Cross-border bank resolution efforts focus on burden-sharing between bank owners, private creditors and the public. There is little talk of burden-sharing among governments, despite the rich history of governments trying to stick one another with the cost of financial conglomerate failures....
Persistent link: https://www.econbiz.de/10013027231