Commercial law Books

Book SynopsisA simple, practical guide to help not-for-profit organizations lobby local, state, and federal legislative bodies Only a fraction of not-for-profit organizations take advantage of the legislative process in representing their members and their organization''s goals. Yet lobbying is an important way to gain visibility, attract members, and find new sources of funding. This book is designed to help the modern not-for-profit develop and implement an effective lobbying program without jeopardizing its tax-exempt status. Dr. Pidgeon and the contributers he has assembled provide in-depth analysis of all the major issues of the lobbying process, including: * The basics of lobbying * The structure of local, state, and federal government * Using the mass media to spread the message * Political action committees (PACs) * Marketing and communication strategies * Strategic partnerships * The legal aspects of government affairsTrade Review"Pidgeon writes that the goal for the book is to provide a guide for nonprofit leaders on launching or refining a government affairs program. By any reasonable measure, the book is wildly successful. No one charting a course through the legislative wilderness should be without Pidgeon's well-crafted map." (Philanthropy Magazine, 10/01)Table of ContentsPreface. Foreword. THE LEGISLATIVE/GOVERNMENT AFFAIRS PROCESS AND THE NOT-FOR-PROFIT (W. Pidgeon). The Significant Role That the Legislative Process Can Play in Fulfilling the Mission of a Not-for-Profit (D. Kushner). Introduction to the Legislative Process (W. Horn). SUCCESSFUL METHODS USED BY NOT-FOR-PROFITS (W. Pidgeon). Achieving Impact through Political Involvement (J. Kalavitinos). Adding Light to the Heat: Using the Mass Media to Support Your Issues (R. Story). Developing Partnerships for Greater Success (R. Goodwin). The Use of Outside Legislative Consultants: When and How to Hire a Lobbyist. (J. Chwat). THE LEGAL ASPECTS OF GOVERNMENT AFFAIRS AND LOBBYING (W. Pidgeon). The Legal Aspects of Government Affairs and Lobbying. (B. Hopkins). DEVELOPING A STRATEGIC PLAN FOR A NOT-FOR-PROFIT (W. Pidgeon). A Strategic Plan for Success (W. Pidgeon). Ten Fundamental Keys to a Successful Government Affairs Program. Reference Guide to Organizational Support. The Accompanying CD-ROM and How to Use It. End Notes. Index.

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Book SynopsisThe LESI Guide to Licensing Best Practices: Additional Strategic Issues and Contemporary Realities is a collection of sophisticated, cutting-edge articles written by experts at the top of their craft. It provides a real-world analysis of what is happening in licensing today and the opportunities and challenges that lie ahead.Trade Review"The unique social science approach to legal principles was very effective and made the book not only easy to read, but very enjoyable." (Legal Information Alert, September 2006)Table of ContentsPreface xv About the Editors xxi About LESI xxiii Part 1 TERRITORIAL COMMENTARIES 1 Licensing and Technology Transfer to China: A Roadmap 3 by Henry Beck and Xichun (Catherine) Pan Introduction 3 “Free Riding” Past and Present 3 China Joins the World Economy 4 Intellectual Property Protection and Enforcement 5 Intellectual Property Rights Have Little Extraterritorial Force 5 International Treaties and Conventions; Trade Remedies 5 China’s Intellectual Property Protection Regimes 7 Enforcement of Intellectual Property Rights and the Threat of Trade Sanctions 9 U.S. and Chinese Export and Import Control Regulations: “Outbound” and “Inbound” 17 U.S. Export Control Regulations 17 China’s Regulations for Technology Imports and Exports 22 Concluding Thoughts 24 2 Software Licensing as a Driver of the Indian Economy 27 by Rani Boazz and Subramaniam Vutha Introduction 27 Background 27 The Scope of the Chapter 29 The Economic Impact of Software Licensing in India and Current Business Trends 29 The Legal Framework for Software Licensing in India 32 Copyright Law 32 Contracts 32 Trade Secrets Law 32 Patent Law 33 Taxes and Duties 33 Reproduction of Software in India 34 Insights into the Special Needs and Legal Requirements of the Indian Software Market 34 Outlook for the Indian IT Industry 35 3 The Industrialization of Korea (1962 to 2002) from the Patenting and Licensing Perspective 37 by Yoon Bae Kim Introduction 37 Overview of the Korean Economy and Trends in Technological Development According to Historical Dates 38 Before 1962 (Japanese Colonial Rule and the Korean War) 38 From 1962 to 1991 (National Economic Development Plans) 39 From 1992 to the First Half of 1997 (between the Post-Economic Development Plan and the Foreign Currency Crisis) 42 From the Second Half of 1997 to 2002 (Foreign Currency Crisis and Innovation-Led Economic Growth) 43 Key Indicators of the Korean Economy 44 Key Indicators of Korea’s Macrotechnological Capability 45 The Impact of the Korean Patent System and Licensing Regulation on Korea’s Technological Development 47 The Patent System 48 Formulation of Law on Protection of Computer Program Copyright 49 Licensing Regulation 50 Patenting and Licensing Trends by Industry 52 Chemicals (Petrochemicals and Fine Chemicals) 53 Shipbuilding 54 Steel and Iron Manufacturing 55 Automobiles 56 Aerospace 56 Semiconductors 57 Electronics and Telecommunications 58 Conclusions 59 4 Japan on Its Way to Revitalization 63 by Jinzo Fujino Introduction 63 Overview of Technology Trade 64 Shifting to a New Knowledge-Based Economy 65 Overhauling Japan’s Intellectual Property Scheme 66 Intellectual Property Promotion Plan 2004 67 Creation of New Inventions 67 Protection of Intellectual Properties 68 Enhancing the Utilization of Intellectual Properties 69 Promotion of the Contents Business 70 Development of Human Resources in the Intellectual Property Arena 70 Protection from Foreign Counterfeits 70 Conclusions 71 Commentary 72 5 Secrets of Successful Dealmaking in Asia 75 by Dennis Unkovic Introduction 75 Factors Influencing Asian Business Deals 76 Thailand 77 Malaysia 78 Singapore 79 Indonesia 81 Asian Diversity 82 6 Modern Mexican Laws Governing Intellectual Property, Licensing, Antitrust, R&D, and Inventors’ Rights 83 by Oscar M. Becerril and Hector E. Chagoya Introduction 83 The Mexican Antitrust Law 84 The North American Free Trade Agreement (NAFTA) 86 The Freedom-to-Research Issue 87 Benefiting from the Mexican Industrial Property and Licensing System: Some Hints 88 Franchise Contracts 89 Licensing in the Pharmaceutical Sector 89 Licensing of Biotechnology 90 Licensing of Copyrights 90 R&D Contracts 91 The Mexican Employees’ Inventions System: Another Reason to Consider Mexico for R&D Activities 92 Remuneration to Employees for Their Inventions under Mexican Law 93 Patenting Controversial Technologies in Mexico 94 Computer-Implemented Technologies 94 Biotechnology 94 Conclusions 95 7 Licensing in Scandinavia: Home of Entrepreneurial Inventors, Industrialists, and Philanthropists 99 by Robert Goldscheider and Jonas Gulliksson Introduction 99 Scandinavian Creativity 99 Finland’s Impact 100 Success Factors 101 “Scandinavian-Bred” Technology 102 Karl V. Palmaer 102 Haldex All Wheel Drive System 103 Ole-Bendt Rasmussen 104 Conclusions 106 Part 2 SCIENTIFIC ISSUES 8 Global Innovation and Licensing Opportunities on the Internet 111 by John G. Palfrey, Jr. Introduction 111 The Digital Media Revolution 112 The First Clash: Digital Music 112 The First Success: Apple’s iTunes 113 Globalization and the Internet 114 Outsourcing of Software Development Services 114 Open Source Software Development 115 Other Global Effects of the Information Technologies Boom 116 Looking Ahead: Web Logs, Syndication, and Aggregation 117 The Phenomenon of Web Logs 118 Really Simple Syndication 119 Conclusions 120 9 Energy and the Environment: Driving Technology and Licensing 123 by Walter G. Copan Energy and Human Progress 123 Energy in the Petroleum Age 124 The Environment and Sustainability 127 Global Climate Change and Emissions Trading Markets 128 A Triple Bottom Line 130 New Technologies Driving Technology Transfer 130 Energy Efficiency and Resource Conservation 130 Green Buildings 131 Energy Efficiency and Emissions Control for Transportation 132 Electric and Hybrid Vehicles 133 Hybrid Vehicle License Strategies 133 Evolution of Fuels 134 Natural Gas Fuel 135 Biofuels 135 Distributed Power 136 Power Plants 137 Renewable Energy 137 The Hydrogen Economy 139 Fuel Cells 140 Venture Capital and Institutional Investment 140 The Role of Licensing in the Energy World 142 New Value Options for Licensing in Energy and the Environment 143 Risk Management Value 145 Emissions Reduction Value 145 Direct Policy Incentives 145 Reduced Resource Use 146 Corporate Social Responsibility 146 Societal Economic Benefits 146 Technology Transfer Value 147 Acknowledgments 147 10 Essentials of Licensing Biotechnology, Nanotechnology, and Other Cutting-Edge Technologies 151 by Manya S. Deehr and Mary Ann Stretch Introduction 151 Definitions 152 Improvements 153 Field of Use 154 License Grant 154 Information, Data, and Results 155 Source of Intellectual Property: Federal Funding and Academic Contributions 156 License or Divestiture 158 Patent Sections 159 Conclusions 160 11 The Big Picture: Nanotechnology Impacts Everyone 163 by Robert C. Shaddox Introduction 163 Licensing Nanotechnology 164 Overview 164 Definitions 165 Ownership/Encumbrances 166 Timing 167 Technology Licensing 168 Overview 168 Definition of Licensed Property/Licensed Products 168 Granting Clause 169 Termination Provisions 169 Consideration 169 Territory or Field of Use 170 Patent Protection 172 Infringement Actions 173 Confidentiality 175 Assignment and Sublicense 175 Conclusions 176 12 Ensuring Royalty Compliance in High-Technology Licensing 179 by Arthur M. Nutter Introduction 179 Intellectual Property versus Real Property 179 High-Technology Licensing Programs 180 Phase One 180 Technical Investigations: Treasure Hunting 182 Courtroom Discovery versus Reverse Engineering 182 Analyzing Semiconductors 183 Microcontroller-Based Product Analysis 184 Black Box Testing 184 Dumb Patents 185 Software 186 New Laws in the United States 186 Open Source Strategies 187 Part 3 BUSINESS, LEGAL, AND PROFESSIONAL ISSUES 13 Licensing Challenges Encountered by a Multinational Law Firm 191 by Michael A. Epstein Introduction 191 Knowledge Management 192 Maintaining Geographical Spread 193 Providing Subject Matter Diversity 194 Utilizing Litigation Expertise 195 Preserving Experience as to Past Deals 197 Leveraging Relationships 198 Conclusions 198 14 Small Companies’ View of Licensing 201 by Norman A. Jacobs Introduction 201 Acquiring Technology (Licensing In) 202 Granting Technology Rights (Licensing Out) 203 Identify Potential Licensees 204 Overcome the Confidential Disclosure Barrier 205 Consider a Joint Development Program 205 Define Fields of Use 206 Consider Novel Royalty Structures 206 Use a “Distress” License to Increase Product Sales 207 Determining the Value of Technology 207 Ensuring Licensee Diligence 208 Conclusions 209 15 Managing Intellectual Property Allocation in Joint Ventures 211 by Ron Laurie Introduction 211 JV Structural Models 211 The Contractual Model 212 The Entity Model 212 The Two-Stage Model 213 Intellectual Property Allocation in General 214 The Default Allocation Paradigm: Joint Ownership 214 Preferred Intellectual Property Allocation Strategies 217 Application of Intellectual Property Allocation Strategies to the JV Structural Models 218 The Contractual Model 218 The Entity Model 220 The Two-Stage Model 222 Exit Strategies 226 Merger or Acquisition of the JV Entity 226 Dissolution of the JV Entity 226 Conclusions 228 16 Experience in Norway with Strategic Alliances as a Work Form When Commercializing Technology 231 by Håkon Haugen and Tor Oppedal Introduction 231 The Particle Business in DYNO—and Beyond 231 From Idea to Market 232 Critical Success Factors for a Company Based on New, Advanced Technology 233 Technology 233 Infrastructure 233 Products 233 Market Apparatus 233 Alternative Strategies 234 DYNO’s Particle Development: A Strategic Evaluation 234 Establishment and Execution of Strategic Alliances: A General Evaluation of Relationships 234 Choice of Partner 235 Establishing the Alliance 235 Administration and Leadership of Joint Activities 236 Experiences of Dyno Particles: Examples 237 Dynal Biotech ASA: Biomagnetic Separation 237 Pharmacia Biotech AB: Chromatographic Purification of Biomaterial 238 General Conclusions Based on Our Experiences 239 17 Application of Game Theory to Intellectual Property Royalty Negotiations 241 by John C. Jarosz and Michael J. Chapman Introduction 241 Usefulness of Game Theory 241 Bargaining Basics 243 A Simple Bargaining Game 244 An Intellectual Property Licensing Game 245 The Nash Bargaining Solution (NBS) 247 Description 247 Extension to Licensing 252 Estimation of NBS 258 Disagreement Profits (di ) 259 Total Profits (∏) 260 Bargaining Power (α) 260 Conclusions 263 18 Administration and Auditing of License Agreements to Promote Control and Harmony 267 by Margaret (Peggy) Moizel Introduction 267 Management Plan for Maintaining Licensee Agreements 267 Negotiation Steps 268 Inventory of Agreements 270 Remuneration Calculation 270 Conclusions 272 Suggested Reading List 273 Index 279

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Book SynopsisThis text provides a clear and concise introduction to the legal framework surrounding international trade.Trade Review"A comprehensive introduction to the key areas of law that apply in international business." Book News "It is well suited for a textbook at the undergraduate level of perhaps business school." Journal of International Banking LawTable of ContentsList of Figures and Specimens. Foreword. Series Editor's Introduction. About The Institute of Export Examinations. Preface. Dedication. Part I: Principles of the Law of Contract: . 1. Elements of Contract. 2. Terms of a Contract. 3. Misrepresentation. 4. Mistake. 5. Remedies for Breach of Contract. 6. Discharge of Contract. 7. Arbitration. 8. Law Governing a Contract. Part II: Agency Law:. 9. Agency. 10. Exemption Clauses. Part III: Sale of Goods Act 1979:. 11. Sale of Goods. 12. Right of Disposal (Romalpa Clauses). 13. Seller's and Buyer's Remedies. 14. Introduction of CIF and FOB Sales. Part IV: Competition Law:. 15. Restrictive Trade Practices. 16. Free Movement of Goods in the European Community. Part V: Legal Aspects of the Finance of Exports: . 17. The Law Relating to Export Finance. 18. Letters of Credit. Part VI: Export Insurance:. 19. Marine Insurance. 20. General Average. 21. Institute Cargo Clauses. Part VII: Legal Aspects of Carriage by Sea, Air and Road:. 22. Carriage of Goods by Sea. 23. Carriage of Goods by Air. 24. Carriage of Goods by Road. Index.

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Book SynopsisSince it came into force on 31 January 1997 the Arbitration Act 1996 has generally been welcomed by users and practitioners in the construction industry. It has fulfilled expectations that it would provide a user-friendly and practical basis of resolving disputes arising from construction contracts in a fair, expeditious and economical way.Trade Review"The fact that this book, by a respected and highly experienced engineer and arbitrator and first published in 1982, has now reached its fifth edition is in itself a tribute to its quality. It is an excellent short guide to a complex subject, written in clear English..." CIArb Journal, November 2001Table of ContentsForeword. Preface to the Fifth Edition. 1. Introduction. 2. Arbitration Agreements. 3. Appointment of the Arbitrator. 4. Jurisdiction of the Arbitrator. 5. The Preliminaries. 6. Evidence. 7. The Hearing. 8. The Award. 9. Costs. 10. Powers of the Court in Relation to the Award. 11. Dispute Avoidance and Management. Appendices. A. Specimen Documents. B. The Arbitration Act 1996. C. The Arbitration Act 1950: Part II. D. The Scheme for Construction Contracts (England and Wales) Regulations 1998. E. The Unfair Terms in Consumer Contracts Regulations 1999. F. The Unfair Arbitration Agreements (Specified Amount) Order 1999. G. Interest Tables. Bibliography. Table of Cases. Index.

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Book SynopsisHow far should society go in permitting people to buy and sell goods and services? Radin addresses this controversial issue in an exploration of contested commodification. As a philosophical pragmatist, the author argues for an incomplete commodification, in which some contested things can be bought and sold, but only under regulated circumstances.Trade ReviewRadin's book is both complex in structure and highly nuanced in argument. Essentially it is a critique of existing theories of commodification that develops a distinctive approach to understanding commodification...Radin, like liberal political theorists, seeks a middle way between universalized commodification and universalized noncommodification, instead of a thesis of compartmentalized commodification she offers a thesis of 'incomplete commodification'...[An] insightful and rewarding book. -- Deryck Beyleveld * Journal of Law and Society *In this thought-provoking book Margaret Jane Radin asks us to consider whether there are some areas of social life which should be off-limits to the market, and whether some human interactions should be exempted from market-style forms of description and analysis. Although Radin is not the first theorist to address these issues, her eloquently written book contains some of the most sophisticated treatment they have received thus far. She convincingly makes the point that unless we transcend those models of human behaviour which characterize all human interactions as market exchanges, we may find ourselves unable to engage in the forms of valuing required for the maintenance and promotion of a humane society...The book represents a significant contribution to debate about the role of markets and market ideology in modern democratic polities. Future discussions of these issues will undoubtedly be influenced by Radin's work. -- A. J. Walsh * Philosophical Quarterly *Margaret Radin asks, why not put everything up for sale? Her answer is that doing so would impair human flourishing by compromising the social contexts needed for personhood. She offers a general approach to determining the ethical limits of markets and shows how it works in cases ranging from organ sales, prostitution, and commercial surrogate motherhood to the 'free marketplace of ideas,' compensation in torts, and public choice theories of democracy. Radin's contributions to this controversy are consistently illuminating and through provoking...For anyone interested in the ethical limitations of markets, this book is required reading. -- Elizabeth Anderson * Ethics *What does it say about us, and what does it do to us, when we talk about people as commodities to be traded in the market? Radin's profound, subtle, and disturbing book asks how the texture of our human world may be altered by ways of speaking and thinking, apparently innocuous and nicely scientific, that we import from market economics and use to characterize non-market behavior. A distinguished writer about property law, Radin avoids facile answers and stresses the complexity of the issue. Nonetheless, she leaves her reader with a warning: the models we use shape the people we may become. One day we may find to our grief (or, worse still, lack of grief) that our intellectual inventions have reinvented our world. -- Martha Nussbaum, University of ChicagoProfessor Radin has brought very considerable intellectual courage and perspicacity to bear on one of the most vexing and central issues in any liberal, market-based society--where should the market (and market rhetoric) end, and politics begin in the allocation of scarce resources? Law and economics scholars, who more or less assume the virtues of the private market, in most contexts, will be especially challenged by Radin's anlysis. Her book is also beautifully written and displays an elegance and lucidity that is absent in much modern legal scholarship. -- Michael J. Trebilcock, University of TorontoAt a time when belief in markets is ascendant throughout the world, Contested Commodities challenges--at the most fundamental level--the very idea of exchanging things for money. Margaret Jane Radin's arguments are subtle and nuanced, and her central claim about the potentially dehumanizing effects of exchange is powerful and important. No one in recent decades has made this case against the dominance of markets as well as Radin. -- David Strauss, University of Chicago

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Book SynopsisThe second edition of this book continues to offer the first and only comprehensive account of contractual estoppel, now made fully up to date with reference to the most recent cases. Contractual estoppel, a new and exciting development in the common law, is ever more widely employed and keeps showing itself of considerable practical utility. The book examines numerous judicial decisions which apply or discuss contractual estoppel, and offers a full and systematic exploration of its origin, principled basis, practical applications and limits. The doctrine continues to develop and the second edition tracks, catalogues, discusses and explains its multifarious applications, limits and niceties.In this title, the author, Alexander Trukhtanov, maintains the principal doctrinal claim of the first edition that contractual estoppel is a not misnomer, anomaly or distortion of reliance-based categories of estoppel, but its own category of legal estoppel. The book is a single point of rTable of Contents1 Introductory Observations 2 Contractual Estoppel: General Principle 3 Applications 4 Entire Agreement and Non-reliance Clauses 5 Limits 6 Limits: Controls over Exclusion Clauses 7 Contractual Estoppel in the Family of Estoppels

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Book SynopsisReinsuring Clauses provides a comparative English/US law study of the full reinsurance clause (as original and follow the settlements/follow the fortunes) and the related matters.The reinsuredâs burden of proof of loss in its claim against the reinsurers is often contentious, and there are regular arbitrations and judicial proceedings in the leading common law jurisdictions to which this book will be relevant. The book concerns the legal nature of reinsurance agreements, the means by which terms of reinsurance policies can be derived or incorporated from underlying insurances, the effect on judgments, arbitration awards, and settlements on reinsuredâs claims against reinsurers, variations of the follow the settlements clauses, reinsuredâs post-settlement allocation of loss in a claim against reinsurers, and the operation of claims provisions. This second edition updates and expands on the content, including a chapter on different types of reinsurance, formation of reinsurance contracts, cut-through clauses, and aggregation clauses. Developments integrated include the presumption of back-to-back cover applied to non-proportionate reinsurance, the meaning of first loss reinsurance explained by the courts, and Section 13A being added to the Insurance Act 2015.The readership for this book will include insurance and reinsurance practitioners, brokers, students studying insurance and reinsurance law, and academics in this field.

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Book SynopsisTrade Review‘The book contains 10 chapters across 170 pages, wherein Ferrari et al. do an excellent job of introducing the uninitiated to “internationalist” perspectives of the recognition and enforcement of foreign arbitral awards, greatly simplifying the topic to ensure the reader’s comprehension. However, experts in this area of law will equally enjoy the extensive comparative jurisprudence that is drawn upon in the book. Besides, it makes for a very interesting read: I finished it in just two days!’ -- Chukwuma Okoli, Conflictoflaws.net blog‘Quintessence is the queen of a land of speculative science in Rabelais' Gargantua. The New York Convention is our quintessence in the art that we call international arbitration. We can be grateful that we are able to practice our trade with the benefit of the insights of those who scrutinize our field around the world. Guidance on the New York Convention should be as practical and intellectually stimulating as this book.’ -- Julie Bédard, Skadden, Arps, Slate, Meagher & Flom LLP, US and BrazilTable of ContentsContents: 1. The New York Convention as an instrument of uniform law 2. Scope of application 3. The recognition and enforcement of arbitration agreements 4. The duty to recognize and enforce arbitral awards and its limitations 5. Grounds for refusal related to jurisdiction 6. Grounds for refusal related to proper notice and the ability to present one’s case 7. Grounds for refusal related to procedure 8. Grounds for refusal related to the award’s status under the law applicable to it 9. Grounds for refusal related to public policy 10. The procedure and formal requirements for recognition and enforcement Index

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Book SynopsisSince the financial crisis, one of the key priorities of the Financial Conduct Authority (FCA) and Prudential Regulation Authority (PRA) has been individual accountability. This book addresses the regulatory and employment law challenges that arise from the FCA's and PRA's requirements. The expert team of writers examine in depth the provisions of the Financial Services and Markets Act 2000 which relate to individuals, and the associated requirements of the PRA and FCA. The topics addressed include: The Senior Manager, Certification and Approved Person Regimes Regulatory references and whistleblowing Disciplinary investigations, enforcement and sanctions Notifications, Form C', and fitness & propriety Bonus disputes and the Remuneration Code Conduct and Pay in the Financial Services Industry considers the full extent of an individual's employmeTrade Review'...the authors provide valuable insights into issues that may need to be grappled with in due course... I anticipate that this will become the standard work for those of us who advise on questions of regulatory authorisation, conduct and pay in the financial services field. The authors have certainly achieved their objective of filling the gap that existed in our law libraries.'Richard Coleman Q.C. ARDL Quarterly Bulletin"A succinct, well-written book on the regulations governing conduct and pay in financial services…it is likely to be an essential read for any who have to advise clients in the financial services sector. Its greatest strength is that its contributors are practitioners with considerable collective experience of the sector who are also able to offer insight into the attitude and mindset of the regulators, coupled with an exceptionally high level of ability in and knowledge of employment law."Stephen Levinson, Employment Lawyers Association Table of Contents1. Introduction PART I: CONDUCT 2. The Conduct Regime 3. Fitness and Propriety 4. The Approved Persons Regime 5. The Certification Regime 6. The Senior Managers Regime 7. Notifications and the "Form C" Issue 8. Regulatory References and Whistleblowing 9. Misconduct 10. Sanctions 11. Enforcement Procedure PART II: PAY 12. Bonuses: the General Law 13. The Remuneration Codes 14. Malus and Clawback: Further Discussion

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Book SynopsisThis book covers key material for Scots commercial law courses.

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Book SynopsisThe 2nd edition of this successful book provides a fully updated, succinct examination of the principles of agency law. The book explores the rules of attribution, the rights and obligations arising within the agency relationship, the impact of agency in the fields of contract and tort, and the termination of an agent's authority. Throughout the book, full consideration is given to the issues arising under the Commercial Agents (Council Directive) Regulations 1993. The discussion is informed not only by common law authority that constantly nourishes the development of agency law principle, but also by international soft law instruments and the Restatement of the Law, Third: Agency.Table of Contents1. Agency: A Flexible Institution 2. Commercial Agency 3. Actual Authority 4. Apparent Authority 5. Ratification 6. Agents’ Performance Obligations 7. Agents’ Fiduciary Obligations 8. An Agent’s Financial Rights Against the Principal 9. Agency and Contract 10. Agency and Tort 11. Termination of Authority

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Book Synopsis‘Students will find this work stimulating, engaging and enlightening. Practitioners in commercial law will find nuanced and insightful articulations of their stock-in-trade.’ Sir David Foxton, Judge in Charge of the Commercial Court This book unpacks the themes and controversies that pervade commercial law. Commercial parties trade in three things: property, services and credit. In all but the most basic of businesses, a commercial enterprise must have more than one individual empowered to transact on its behalf. The rules at the heart of commercial law are those that govern when and how a person can bargain for property, services and credit, and to acquire, dispose of, and create interests in assets. Many of these are default rules, which the parties can vary by agreement. Other rules – such as those concerning the priority of competing title claims to assets – are mandatory. Commercial law also involves the taking and allocation of two types of risk: the risk of inadequate or non-performance of agreed obligations, and the risk that counterparties will lack the means to pay what is owed. This book explores the key ideas in commercial law through these five topics: trade, transacting, title, performance risk, and credit risk.Trade ReviewThe book provides impressive coverage of various key issues that students encounter in their commercial law studies. -- Alisdair MacPherson * University of Aberdeen *Table of Contents1. Context and Concepts 2. Trade 3. Transacting 4. Title 5. Performance Risk 6. Credit Risk

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Book SynopsisComprising essays specially commissioned for the volume, leading scholars who have shaped the field of corporate law and governance explore and critique developments in this vibrant and expanding area and offer possible directions for future research. This important addition to the Research Handbooks in Law and Economics series provides insights into subjects such as the role of directors, shareholders, creditors and employees; empirical studies of litigation and shareholder activism; executive compensation; corporate gatekeepers; comparative law; and behavioral approaches to law and finance. Topics are organized within five sections: corporate constituencies, insider governance, gatekeepers, jurisdiction, and new theory. Taken as a whole, the volume serves as an introduction for those new to the field and as a reference for those unfamiliar with some of the topics discussed. Authoritative and accessible, the Research Handbook on the Economics of Corporate Law will be a valuable resource for students, scholars, and practitioners of corporate law and economics. Contributors: R.B. Ahdieh, V. Atanasov, S.M. Bainbridge, B. Black, M.M. Blair, M.T. Bodie, C.S. Ciccotello, D.C. Clarke, L.A. Cunningham, A. Darbellay, S.M. Davidoff, L.M. Fairfax, F. Ferri, J.E. Fisch, T. Frankel, R.J. Gilson, S.J. Griffith, C.A. Hill, R. Kraakman, D.C. Langevoort, I.B. Lee, B.H. McDonnell, R.W. Painter, F. Partnoy, D.G. Smith, R.S. Thomas, R.B. Thompson, D.I. Walker, C.K. WhiteheadTrade Review’The text as a whole is comprehensive and the analysis is very clear and precise. Readers will find the content interesting, including recent developments in law and economics; this book is a 'must have' for academics and practitioners in law and economics... Each article features a well-written reference that is beneficial to readers particularly when the article refers to a particular theory that is difficult to comprehend in the first instance... this Handbook is clearly presented and well researched. The articles are comprehensive in nature and closely tied to each other. Therefore it is undoubtedly invaluable to academics, researchers and students who are interested in economics and corporate law in the United States as well as comparative law studies.’ -- Jerome Chan, International Company and Commercial Law ReviewTable of ContentsContents: 1. Introduction: The Evolution of the Economic Analysis of Corporate Law Claire A. Hill and Brett H. McDonnell PART I: CORPORATE CONSTITUENCIES 2. Director Primacy Stephen M. Bainbridge 3. Corporate Law and the Team Production Problem Margaret M. Blair 4. The Role of Shareholders in the Modern American Corporation D. Gordon Smith 5. Creditors and Debt Governance Charles K. Whitehead 6. Employees and the Boundaries of the Corporation Matthew T. Bodie 7. The Role of the Public Interest in Corporate Law Ian B. Lee PART II: INSIDER GOVERNANCE 8. Fiduciary Duties: The Emerging Jurisprudence Claire A. Hill and Brett H. McDonnell 9. Empirical Studies of Representative Litigation Randall S. Thomas and Robert B. Thompson 10. The Elusive Quest for Director Independence Lisa M. Fairfax 11. ‘Low-Cost’ Shareholder Activism: A Review of the Evidence Fabrizio Ferri 12. Takeover Theory and the Law and Economics Movement Steven M. Davidoff 13. The Law and Economics of Executive Compensation: Theory and Evidence David I. Walker PART III: GATEKEEPERS 14. Transaction Cost Engineers, Loophole Engineers or Gatekeepers: The Role of Business Lawyers After the Financial Meltdown Richard W. Painter 15. Credit Rating Agencies and Regulatory Reform Aline Darbellay and Frank Partnoy 16. The Influence of Law and Economics on Law and Accounting: Two Steps Forward, One Step Back Lawrence A. Cunningham 17. The Role and Regulation of the Research Analyst Jill E. Fisch 18. D&O Insurance and the Ability of Shareholder Litigation to Deter Sean J. Griffith 19. The Influence of Investment Banks on Corporate Governance Tamar Frankel PART IV: JURISDICTION 20. Varieties of Corporate Law-Making: Competition, Preemption, and Federalism Robert B. Ahdieh 21. The Past and Future of Comparative Corporate Governance Donald C. Clarke PART V: NEW THEORY 22. Self-Dealing by Corporate Insiders: Legal Constraints and Loopholes Vladimir Atanasov, Bernard Black and Conrad S. Ciccotello 23. Behavioral Approaches to Corporate Law Donald C. Langevoort 24. Market Efficiency After the Fall: Where Do We Stand Following the Financial Crisis? Ronald J. Gilson and Reinier Kraakman Index

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Book SynopsisFiduciary duties are widely viewed as essential to myriad private relationships, including guardianships, employment relationships, trusts, business organizations, and professional relationships. Recently, legal scholars and courts have devoted increasing attention to the application of fiduciary principles to public officials and public institutions. Some have argued that fiduciary relationships are unified by a common structure, but courts and commentators typically treat each fiduciary relationship as distinct. As a result, fiduciary law is often viewed as fragmented. The Research Handbook on Fiduciary Law shows that fiduciary law can be a distinctive field of study in its own right. This timely work presents important accounts of fiduciary relationships and new ideas on how fiduciary law can be explained. Coverage includes discussion of fiduciary obligations, fiduciary remedies, the role of equity and trusts, and public fiduciary law. A number of comparative perspectives are introduced to highlight similarities and differences between leading jurisdictions. The chapters in this Research Handbook help to show why this subject has drawn so many distinctive points of view, and sheds new light on a multi-faceted and rapidly growing field of study.This Research Handbook will be of interest to readers concerned with both the theory and practice of fiduciary law, as it incorporates significant new insights and developments in the field. It will also act as a starting point of new inquiry for those looking to contribute to the field themselves. Contributors include: S.M. Bainbridge, S.L. Bray, C.M. Bruner, M. Conaglen, E.J. Criddle, D.A. DeMott, E. Fox-Decent, S. Galoob, M. Gelter, A.S. Gold, M. Harding, G. Helleringer, C. Hill, J. Hill, L.P.Q. Johnson, S.H. Kim, A. Laby, E. Leib, A. Licht, B. McDonnell, P. Miller, D.T. Rave, D.G. Smith, A. Tuch, J. VelascoTrade Review‘The Handbook is an impressive and wide-ranging treatment of various aspects of fiduciary law that has a great deal to say that is of interest and value to someone looking at the subject without a particular corporate or governance interest.’ -- Daniel J Carr, The Edinburgh Law ReviewTable of ContentsContents: Part I Theories of Fiduciary Law 1. Fiduciary Law’s Mixed Messages Evan J. Criddle 2. Interpreting Fiduciary Law Andrew S. Gold 3. Fiduciary Relationships, Fiduciary Law, and Trust Matthew Harding 4. Delimiting Fiduciary Status Julian Velasco Part II Fiduciary Duties 5. The Parable of the Talents Stephen M. Bainbridge 6. Fiduciary Law’s Anti-Corruption Norm Sung Hui Kim 7. Competing Accounts of Fiduciary Obligation Arthur B. Laby 8. Motivation, Information, Negotiation: Why Fiduciary Accountability Cannot be Negotiable Amir N. Licht 9. Dimensions of Fiduciary Loyalty Paul B. Miller Part III Liability and Remedies 10. Punitive Damages Against Trustees? Samuel L. Bray 11. Culpable Participation in Fiduciary Breach Deborah A. DeMott Part IV Corporations 12. Structural Bias, R.I.P.? Claire A. Hill and Brett H. McDonnell 13. Relating fiduciary duties to corporate personhood and corporate purpose Lyman P.Q. Johnson Part V Comparative Fiduciary Law 14. Opting Out of Fiduciary Duties and Liabilities in U.S. and U.K. Business Entities Christopher M. Bruner 15. Directors’ Duties and Legal Safe Harbours: A Comparative Analysis Jennifer G. Hill and Matthew Conaglen 16. Corporate Opportunities in the US and in the UK: How differences in enforcement explain differences in substantive fiduciary duties Martin Gelter and Genevieve Helleringer 17. The Weakening of Fiduciary Law Andrew F. Tuch Part VI Public Fiduciaries 18. Challenges to Public Fiduciary Theory: An Assessment Evan Fox-Decent 19. The Core of Fiduciary Political Theory Stephen R. Galoob and Ethan J. Leib 20. Institutional Competence in Fiduciary Government D. Theodore Rave Index

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Book SynopsisPatent holders are increasingly making voluntary, public commitments to limit the enforcement and other exploitation of their patents. The best-known form of patent pledge is the so-called FRAND commitment, in which a patent holder commits to license patents to manufacturers of standardized products on terms that are ''fair, reasonable and non-discriminatory.'' Patent pledges have also been appearing in fields well beyond technical standard-setting, including open source software, green technology and the biosciences. This book explores the motivations, legal characteristics and policy goals of these increasingly popular private ordering tools. Jorge Contreras and Meredith Jacob bring together work by more than a dozen international experts who examine the phenomenon of patent pledges from a variety of perspectives and analytical frameworks. The book assesses patent pledges as mechanisms for facilitating platform promotion, open innovation, economic development and environmental sustainability. Legal practitioners who are involved in intellectual property licensing, litigation and business transactions will find this book a key resource, as will in-house lawyers and managers at firms engaged in technology development and standardization. It will also be a key reference for scholars in law, economics, business and political science.Contributors include: C. Asay, B. Awad, M. Bohannon, M. Callahan, J. Contreras, D. Greenbaum, M. Jacob, Y. Kim, M. Maggiolino, C. Maracke, A. Metzger, L. Montagnani, J. Schultz, S. Scott, T. Sebastian, N. Shanahan, R. Sichel, R. Sikorski, T. Simcoe, D. Valz, L. Vertinsky, E. Wang, E. Winston, S.-S. YiTrade Review'Patent Pledges Global Perspectives on Patent Law’s Private Ordering Frontier, is a must-read for anyone involved in technology development and standardization. The authors analyze the complexity of patent pledges in a clear and concise manner. Moreover, even though the book is addressed to practitioners in the field of IP licensing, litigation, technology development, and standardization, the way in which the content is addressed makes the book useful as well for scholars in various fields.' -- IPkat blogTable of ContentsContents: Introduction Part I: Landscape of Patent Pledges 1. A Patent Pledge Taxonomy Jorge L. Contreras 2. Unilateral Patent Pledges - Motivations and Key Principles Duane R. Valz 3. Patent Sharing in Biotechnology Dov Greenbaum 4. Patent Pledges In Green Technology Bassem Awad Part II: Litigation Involving Patent Pledges 5. Patent Pledge Enforcement Theories Jorge L. Contreras 6. Patent Pledges at the U.S. International Trade Commission Elizabeth I. Winston 7. Voluntary Patent Pledges: Enforcement in Germany Catharina Maracke and Axel Metzger Part III: Competition Law and Patent Pledges Around the World 8. Is Patent Reform via Private Ordering Anticompetitive? An Analysis of Open Patent Agreements Matthew W. Callahan and Jason M. Schultz 9. Enforcing Patent Pledges Under EU Law Rafal Sikorski 10. Patent Pledges and Antitrust Law in Brazil Ricardo Sichel 11. Patent Pledge Enforcement in China Elizabeth Xiao-Ru Wang 12. Patent Pledges: Korean Perspectives Sang-Seung Yi and Yoonhee Kim Part IV: Patent Pledges and Innovation 13. The Informational Effects Of Patent Pledges Clark D. Asay 14. Open Innovation And Patent Pledges Mariateresa Maggiolino and Maria Lillà Montagnani 15. The Role of Patent Pledges in the Cloud Liza Vertinsky 16. Patent Pledges and Developing Countries: The Tryst with India’s Destiny Tania Sebastian Part V: Patent Pledges Moving Forward 17. How to Make and Keep a Patent Pledge Timothy S. Simcoe 18. A Registry for Patent Pledges Jorge L. Contreras 19. Overcoming Information Asymmetry in Patent Pledge Records Nicole Shanahan 20. Best Practices for Making Patent Pledges Meredith Jacob Index

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Book SynopsisThis book will be of interest to all those concerned with the EU, whether from the perspective of political science, law or economics. Under the shadow of the financial crisis, studies with a broad research perspective and contributors from diverse backgrounds are important.'- Paul Craig, St John s College, Oxford'The European Union is re-emerging from the most serious economic crisis in its history. The agenda of the European Commission was highly influenced by the decisions to handle the debt, euro, banking and financial crises. The Union and its single currency have become much stronger. Economic law and governance in the Union are now rather different. By reading this book you will see where and how.'- Siim Kallas, Former Vice President of the European Commission 2004-2014How has the EU's economic crisis affected the development of economic law in the Union? This book contributes to the debate by examining EU economic law from a contextual and policy-oriented perspective.The expert authors explore areas such as the EMU and the internal market, and emphasize the important fields of public procurement, taxation, and intellectual property rights. The investigation proceeds along themes such as harmonization, institutional interplay, non-economic values, and international actions. The authors conclude that, during the crisis, the attention of the Barroso Commission focused quite narrowly on the most urgent problems, failing to consider longer-term issues to spark off bold policy endeavours, and break inter-institutional blockages.This book is targeted at scholars, policy-makers and other practitioners, as well as students, interested in EU economic law, integration, and the economic crisis.Contributors: J. Faull, C. Geiger, F. Hoffmeister, M.S. Jansson, H. Kalimo, T. Lahti, I. Lejeune, M. Meulenbelt, K. Olkkonen, J. Salminen, A. Strub, J. Strupczewski, J. VaarioTrade Review‘This book will be of interest to all those concerned with the EU, whether from the perspective of political science, law or economics. Under the shadow of the financial crisis, studies with a broad research perspective and contributors from diverse backgrounds are important.’ -- Paul Craig, St John’s College, Oxford‘The European Union is re-emerging from the most serious economic crisis in its history. The agenda of the European Commission was highly influenced by the decisions to handle the debt, euro, banking and financial crises. The Union and its single currency have become much stronger. Economic law and governance in the Union are now rather different. By reading this book you will see where and how.’ -- Siim Kallas, Former Vice President of the European Commission 2004–2014‘Overall, the book offers additional insights to the existing bulk of literature on the crisis. Particular benefits accrue to the reader from the analysis dealing descriptively with the legislative progress made on specific areas of economic law, which typically receive less attention in the EMU literature, but which (like procurement and IP rights) deserve attention given their economic significance. The book adds another layer to the analytical approaches addressing the euro crisis.’ -- Common Market Law ReviewTable of ContentsContents: Foreword Paul Craig 1. Assessing Economic Law under Crisis: A Framework of Analysis H. Kalimo and M.S. Jansson PART I SETTING THE SCENE: THE EMU AND THE INTERNAL MARKET 2. How the Sovereign Debt Crisis Changed the Euro Zone J. Strupczewski 3. A Short History of the Deepening EMU T. Lahti 4. Some Thoughts on the Internal Market in a Time of Crisis J. Faull 5. The EMU and the Internal Market During the Economic Crisis: Building Bridges over Troubled Waters? J. Salminen PART II PUBLIC PROCUREMENT, TAXATION AND IPRs 6. Protectionism on the Rise? Modernization of EU Public Procurement Rules During the Economic Crisis M. Meulenbelt 7. The EU Public Procurement Regime on Third-country Bidders: Setting the Cursor Between Openness and Reciprocity F. Hoffmeister 8. EU Tax Policy during the Economic and Financial Crisis A. Strub 9. Can a Best-practice VAT Generate More Revenues Whilst Fighting the VAT-GAP by 2020? I. Lejeune 10. Moving out of the Economic Crisis: What Role and Shape for Intellectual Property Rights in the European Union? C. Geiger 11. EU Intellectual Property Rights Law: Driving Innovation or Stifling the Digital Single Market ? H. Kalimo, K. Olkkonen and J. Vaario PART III CONCLUSIONS 12. A Wasted Crisis? H. Kalimo and M.S. Jansson Index

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Book SynopsisThis discerning book examines good governance developments in the US and the UK, with a focus on anti-bribery efforts, recognising that with each new major case of corporate malfeasance the parameters of directors’ duties change and expand. Taking this expansion of roles and expectations into account, and acknowledging the respective increase in exposure to civil, criminal and reputational liabilities, Patrick J. O’Malley compares the fundamental national compliance experiences of the US and UK.Investigating anti-bribery, corporate and securities law and guidance, this engaging book explores the systemic expectations that directors, executive officers and compliance personnel in public and private companies are subject to, as well as key accountability mechanisms and enforcement actions. Analysing the effectiveness of current law and best practice recommendations, the author’s key finding is that directors need to add value to the business while also upholding higher societal, and ethical, values if they wish to meet today’s ever evolving standards of corporate stewardship.Highlighting the role of directors and boards as corporate monitors, this thought-provoking book will be a key resource for international lawyers and practitioners working in corporate law and business law, in-house corporate counsel, corporate decision makers within the US, UK and globally, as well as for international investors.Trade Review’Patrick O'Malley's monograph represents a successful effort from the multidisciplinary corporate, criminal and administrative common-law viewpoints, to update and explore the relationships among old and new ways of corruption within the context of the managerial duties of directors and public officers, laying the foundations of a new stage in the theory of social responsibility and stewardship. Pleasant and essential reading for managers and lawyers, even under civil-law jurisdiction contexts.’ -- - Javier Ibáñez Jiménez, Comillas Pontifical University and Co-Founder of Alastria, Spain’This impressive new text deploys both legal and management insights when reviewing the problem of how best to prevent bribery and corruption in business. This monograph, which covers both US and UK perspectives in expert fashion, will appeal to a wide constituency. It is researched to great depth, covers many areas of mainstream Corporate Law in considerable detail and is written in a lucid manner. It is therefore highly commended and is essential reading for those working in the field. Policymakers and scholars will learn much from these insights. -- - David Milman, Lancaster University, UKTable of ContentsContents: Preface 1. Introduction: Framing the legal and ethical management problem of rooting out bribery in global business operations, and how the US and UK systems have focused on the role of company directors and officers in doing so 2. Corruption law basics: Applicable US and UK anti-bribery laws – general purview and the demands made on directors and officers as primary top-level corporate decision-makers 3. ‘All ye faithful stewards’: US and UK director/board and officer duties of care, loyalty, good faith, supervision, monitoring, prevention and similar, as regards bribery and corruption compliance under company, securities and other areas of the law 4. ‘Where the rubber meets the road’, and ‘At the coalface’: Private liability and tools of accountability for D&O failures to properly monitor, prevent or remedy corrupt practices in their business enterprises 5. ‘Towards high noon for accountability’: Conclusions, reflections and suggestions Index

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Book SynopsisNo single-volume publication brings together as many diverse and stimulating perspectives on secured financing law as does this EE Research Handbook. Its great strengths are asking hard questions and recognizing how difficult reform is. Contributors report on what works (and what doesn't), drawing on evidence from legal systems less often studied in this context (e.g., Brazil, Morocco). I cannot imagine a researcher in the field who would not be intrigued by analysis of such issues as access of women to secured financing, constraints Shari ah places on use of security devices, and reasons for Russia's meandering path to modernization.'- Peter Winship, SMU Dedman School of Law, USThis cutting-edge Handbook presents an overview of research and thinking in the field of secured financing, examining international standards and best practices of secured transactions law reform and its economic impact. Expert contributors explore the breadth and depth of the subject matter across diverse sectors, and illustrate the choices and trade-offs that policy makers face via a number of illuminating case studies.The book explores groundbreaking research across a comprehensive range of sectors and countries, including new, original analysis of Shari'ah compliant collateral regimes and improved access to finance for women. A diverse group of experts offer cutting-edge points of view as well as case studies from England and Wales, Morocco, Russia and Romania.The result is a unique and wide-ranging examination of secured transactions reform across the world and a valuable resource for researchers, government and development agencies, banks, and law firms.Contributors: J. Armour, S. Bazinas, N. Budd, A. Burtoiu, R. Calnan, F. Dahan, M. Dubovec, L. Gullifer, I. Istuk, T. Johnson, O. Lemseffer, C. de Lima Ramos, J. Lymar, C. Manuel, M.J.T. McMillen, A.P. Menezes, M. Mourahib, E. Murray, N. Nikitina, V. Padurari, J.-H. Röver, M. Uttamchandani, K. van Zwieten, P.R. WoodTrade Review‘No single-volume publication brings together as many diverse and stimulating perspectives on secured financing law as does this Research Handbook. Its great strengths are asking hard questions and recognizing how difficult reform is. Contributors report on what works (and what doesn’t), drawing on evidence from legal systems less often studied in this context (e.g., Brazil, Morocco). I cannot imagine a researcher in the field who would not be intrigued by analysis of such issues as access of women to secured financing, constraints Shari’ah places on use of security devices, and reasons for Russia’s meandering path to modernization.’ -- Peter Winship, Southern Methodist University, Dedman School of Law, USTable of ContentsContents: Foreword Philip R. Wood PART I SECURED TRANSACTIONS LAW, ECONOMIC IMPACT AND REFORM 1. How do Creditor Rights Matter for Debt Finance? A Review of Empirical Evidence John Armour, Antonia Menezes, Mahesh Uttamchandani And Kristin Van Zwieten 2. The Influence of the UNCITRAL Legislative Guide On Secured Transactions Spyridon V. Bazinas 3. A Single Framework Governing Secured Transactions? Comparative Reflections Frederique Dahan 4. Implementing Shari’ah-Compliant Collateral Security Regimes: Select Issues Michael J.T. Mcmillen 5. Levelling the Legal Playing Field: What the Law Can and Can’t do to Improve Women’s Access to Secured Finance Clare Manuel PART II SECURED FINANCING: MANY FACETS AND CONTEXTS 6. Untying the Gordian Knot: Farmers, Banks, Insurers, Warehouse Receipts, Commodity Exchanges, Collateral Managers and Access to Credit Nicholas Budd 7. Sowing the Good Seeds: The Brazilian Experience of Agriculture Financing Christian de Lima Ramos 8. The Potential of Factoring for Improving SME Access to Finance Ivor Istuk 9. Security in Project Finance and PPP and the Implications for Secured Transactions Law: “Security is a Shield, Not a Sword” Jan-Hendrik Röver 10. Keeping it Real: SME Financing, Secured Transactions and Risk Appetite Tom Johnson 11. Financial Collateral Arrangements and the Financial Markets Edward Murray 12. Fundamentals of Taking Security Interests in Bank Accounts Marek Dubovec PART III TRENDS AND PERSPECTIVES FOR REFORM 13. Secured Transactions Law Reform in Russia: A Tortuous but Ultimately Successful Journey Natalia Nikitina and Julia Lymar 14. Reforming an Established Secured Transactions Legal System: Why and How Morocco is Approaching the Challenge Mustapha Mourahib, Bertrand Fournier-Montgieux and Ouns Lemseffer 15. Taking Stock of Romanian Secured Transactions After 15 Years of Reform: A Mapping of Past, Present and Future Milestones Victor Pădurari and Andreea Simona Burtoiu 16. Piecemeal Reform: Is it The Answer? Louise Gullifer 17. What Makes a Good Law of Security? Richard Calnan Index

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Book SynopsisThis timely Research Handbook examines the increasingly economically vital topic of corporate restructuring. Reflecting a shift in the global approach to insolvency towards a focus on rescuing viable businesses rather than liquidation, chapters consider all areas of the law closely connected to corporate insolvency, rehabilitation and rescue, as well as the introduction of the EU Preventive Restructuring Directive and other reforms from around the world.Featuring international expert academics, practitioners and judges, the Research Handbook takes a thematic approach, exploring national and international models for rescue, stakeholders in insolvency, corporate structures and organisational models, specialist process issues, and institutional support, as well as interdisciplinary and cross-field aspects of insolvency and restructuring. Contributions analyse issues from a broad variety of perspectives, including the economic and social aspects of insolvency, and provide a comparative discussion of topics that will further inform global academic debate in this area.Scholars and students of corporate and insolvency law, commercial law, and law and economics, will find the inter-disciplinary legal, theoretical and jurisprudential discussion invaluable. The analysis of current reform agendas, practical and alternative solutions to common problems, and comparative approach will also be of interest to practitioners and policymakers.Trade Review‘Research Handbook on Corporate Restructuring is a “must-have” for college and university collections as well as the reading lists of professionals in the field. Highly recommended.’ -- James A Cox, Midwest Book Review'This Research Handbook, ably edited by Paul Omar and Jennifer Gant, contains 28 chapters written by prominent academics, researchers and judges from a wide range of jurisdictions. It provides a range of timely perspectives against which to assess current and proposed corporate rescue laws. Specialist commentators draw on the law as well as other disciplines; analyse international and comparative elements, and address an impressive range of stakeholders, entities and institutions. This is a welcome resource on corporate restructuring for policy-makers, scholars and practitioners alike.' -- Rosalind Mason, Queensland University of Technology, Australia'This is a thought provoking Handbook which makes a valuable and significant contribution to insolvency and restructuring scholarship. The editors have brought together leading commentators from across the globe and together they have produced an invaluable resource for insolvency research and policy development. The Handbook includes a broad repository of international insolvency procedures and thinking published at a time when restructuring measures will be stress tested like never before. For those navigating the choppy waters of insolvency this book makes an invaluable companion.' -- John Tribe, University of Liverpool, UKTable of ContentsContents: Preface xii 1 Corporate rescue through the ages 1 Paul J. Omar PART I NATIONAL AND INTERNATIONAL MODELS FOR RESCUE 2 International organisations and the search for global insolvency standards 17 Gerard McCormack 3 The evolution of corporate rescue in Canada and the United States 40 Jassmine Girgis 4 The idea of rescue and the Chapter 11 model 59 Edward Janger 5 Trust as a turnaround technique to influence the continuity versus asset recovery decision of restructuring bankers: An empirical tale 73 J A A Adriaanse and J I van der Rest 6 Reforms in adverse economic climates: how reforms take place in the Eurozone 87 Catarina Serra, Alexandra Kastrinou and Giulia Vallar PART II STAKEHOLDERS IN INSOLVENCY 7 Involving secured creditors in restructuring proceedings 120 Francisco Garcimartín and Nuria Bermejo 8 Potential liability for directors during corporate restructuring: comparative perspectives 143 Jason Harris and Anil Hargovan 9 Employees as stakeholders in restructuring and insolvency: acquired rights and business transfers 166 Jennifer L. L. Gant 10 The position of shareholders in a restructuring 185 Stephan Madaus 11 Consumers, entrepreneurs and insolvency proceedings 201 Tuula Linna PART III CORPORATE STRUCTURES AND ORGANISATIONAL MODELS 12 Corporate groups 214 Jessica Schmidt 13 Bank insolvency – recovery and resolution 228 Andrew Campbell and Paula Moffatt 14 Making insolvency law responsive to the needs of financially distressed micro and small enterprises 246 Janis Sarra 15 Franchisees as externalities of insolvent franchisors: a windfall gain for employees? 261 Jenny Buchan 16 Insolvent partnerships: development of a normative framework based on a contractual paradigm 278 Rebecca Parry PART IV SPECIALIST PROCESS ISSUES 17 Insurance procedures in corporate insolvency: a comparison of the arrangements in the United Kingdom, Australia, and New Zealand 299 Robin Bowley 18 Pension rights and funds 327 David Pollard 19 Patent-rich firms and corporate restructuring: patent signalling, valuation, and governance 346 Janice Denoncourt 20 The impact of artificial intelligence on insolvency law and practice 377 Christoph Henkel PART V INSTITUTIONAL SUPPORT 21 The realm of soft law instruments in restructuring and insolvency law 401 Gert-Jan Boon and Bob Wessels 22 Cross-border corporate restructurings, judicial assistance and judge-made law: New Zealand and Cayman Island experiences 430 Hon Paul Heath QC and Hon Justice Ian Kawaley 23 Corporate insolvency practitioners: ethics and fiduciary duties 447 Lézelle Jacobs PART VI INTERDISCIPLINARY AND CROSS-FIELDS OF INSOLVENCY AND RESTRUCTURING 24 Overlooked human rights concerns in the restructuring and insolvency context 466 Chrystin Ondersma 25 The role of social policy in corporate rescue and restructuring: a messy business 476 Jennifer L L Gant 26 Law and economics of corporate financial difficulty 500 Jonathan Hardman 27 A behavioural law and economics perspective on EU restructuring and insolvency law 513 Annika Wolf 28 The analytical boundary between corporate reorganisation and sale in corporate bankruptcy theory 525 Sarah Paterson Index

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Book SynopsisThis review discusses the most important and influential papers in the field of Equity and Trusts. While taking seriously the intimate and historical relationship between English Equity and the law of trusts, it also addresses new and comparative perspectives on the subject, bringing together common law and civil law, doctrinal scholarship and socio-legal analysis, historical approaches to Equity and functional ones. The review includes a wide range of authors and outlooks ranging from Frederic Maitland to recent material on fiduciary obligations and discretionary trusts, highlighting the universality of Equity as a body of law, and the nature of the Trust as a fundamental juristic institution. This literary piece promises to be a useful tool for academics captivated by this subject area. Table of ContentsContents: Introduction Lionel Smith and Alexandra Popovici PART I EQUITY 1. Frederic William Maitland ([1909] 1929), ‘Lectures I and II: The Origins of Equity’, in A.H. Chaytor and W.J. Whittaker (eds), Equity – Also The Forms of Action at Common Law: Two Courses of Lectures, Cambridge, UK: Cambridge University Press, 1–11, 12–22 2. Paul D. Finn (1989), ‘The Fiduciary Principle’, in T. G. Youdan (ed.), Equity, Fiduciaries and Trusts, Chapter 1, Carswell, Toronto, Canada: Law Book Company, 1–56 3. Bernard Rudden (1992), ‘Equity as Alibi’, in Stephen Goldstein (ed.), Equity and Contemporary Legal Developments, Jerusalem, Israel: Hebrew University of Jerusalem, 30–45 4. Sarah Worthington (1999), ‘Fiduciaries: When is Self-Denial Obligatory?’, Cambridge Law Journal, 58 (3), November, 500–08 [9] 5. Steven B. Elliott and Charles Mitchell (2004), ‘Remedies for Dishonest Assistance’, Modern Law Review, 67 (1), January, 16–47 6. Joshua Getzler (2006), ‘Rumford Market and the Genesis of Fiduciary Obligations’, in Andrew Burrows and Lord Rodger of Earlsferry (eds), Mapping the Law: Essays in Memory of Peter Birks, Chapter 31, Oxford, UK and New York, NY, USA: Oxford University Press, 577–98 7. Maurizio Lupoi (2009), ‘”Trust and Confidence”’, Law Quarterly Review, 125, April, 253–87 8. Charles Mitchell (2013), ‘Equitable Compensation for Breach of Fiduciary Duty’, Current Legal Problems, 66 (1), January, 307–39 9. Andrew Kull (2014), ‘Ponzi, Property, and Luck’, Iowa Law Review, 100 (3), March, 291–322 10. Paul B. Miller (2014), ‘The Fiduciary Relationship’, in Andrew S. Gold and Paul B. Miller (eds), Philosophical Foundations of Fiduciary Law, Chapter 3, Oxford, UK and New York, NY, USA: Oxford University Press, 63–90 11. Irit Samet (2016), ‘Fiduciary Law as Equity’s Child’, in Paul B. Miller and Andrew S. Gold (eds), Contract, Status, and Fiduciary Law, Chapter 6, Oxford, UK and New York, NY, USA: Oxford University Press, 139–66 12. Remus Valsan (2016), ‘Fiduciary Duties, Conflict of Interest, and Proper Exercise of Judgment’, McGill Law Journal, 62 (1), September, 1–40 13. Henry E. Smith (2017), ‘Fusing the Equitable Function in Private Law’, in Kit Barker, Karen Fairweather and Ross Grantham (eds), Private Law in the 21st Century, Chapter 9, Oxford, UK, Portland, Oregon, USA: Hart Publishing, 173–95 PART II TRUSTS 14. Frederic William Maitland ([1909] 1929), ‘Lecture III: Uses and Trusts’, in A.H. Chaytor and W.J. Whittaker (eds), Equity – Also The Forms of Action at Common Law: Two Courses of Lectures, Cambridge, UK: Cambridge University Press, 23–42 15. Joseph R. Long (1922), ‘The Definition of a Trust’, Virginia Law Review, 8 (6), April, 426–33 16. D.W.M. Waters (1967), ‘The Nature of the Trusts Beneficiary’s Interest’, Canadian Bar Review, 45 (2), March, 219–83 17. Roger Cotterrell (1987), ‘Power, Property and the Law of Trusts: A Partial Agenda for Critical Legal Scholarship’, Journal of Law and Society, 14 (1), Spring, 77–90 18. David Hayton (1996), ‘The Irreducible Core Content of Trusteeship’, in A. J. Oakley (ed.), Trends in Contemporary Trust Law, Chapter 3, Oxford, UK and New York, NY, USA: Oxford University Press, 47–62 19. George L. Gretton (2000), ‘Trusts Without Equity’, International and Comparative Law Quarterly, 49 (3), July, 599–620 20. Robert Chambers (2002), ‘Liability’, in Peter Birks and Arianna Pretto (eds), Breach of Trust, Chapter 1, Oxford, UK, Portland, Oregon, USA: Hart Publishing, 1–40 21. Paul Matthews (2002), ‘From Obligation to Property, and Back Again? The Future of Non-Charitable Purpose Trust ’, in David Hayton (ed.), Extending the Boundaries of Trusts and Similar Ring-Fenced Funds, The Hague, the Netherlands: Kluwer Law International, 203–41 22. Tony Honoré (2003), ‘Trusts: The Inessentials’, in Joshua Getzler (ed.), Rationalizing Property, Equity and Trusts: Essays in Honour of Edward Burn, Chapter 1, London, UK: LexisNexis Butterworths, 7–20 23. John H. Langbein (2004), ‘Mandatory Rules in the Law of Trusts’, Northwestern University Law Review, 98 (3), March, 1105–27 24. Paul Matthews (2006), ‘The Comparative Importance of the Rule in Saunders v. Vautier’, Law Quarterly Review, 122, April, 266–94 25. Lionel D. Smith (2008), ‘Trust and Patrimony’, Revue Générale de Droit, 38 (2), November, 379–403 26. Ben McFarlane and Robert Stevens (2010), ‘The Nature of Equitable Property’, Journal of Equity, 4, March, 1–28 27. Lusina Ho (2013), ‘Trusts: The Essentials’, in Lionel Smith (ed.), The Worlds of the Trust, Chapter 2, Cambridge, UK: Cambridge University Press, 1–20 28. J.E. Penner (2014), ‘Distinguishing Fiduciary, Trust, and Accounting Relationships’, Journal of Equity, 8, 202–34 29. Alexandra Popovici (2015), ‘Trusting Patrimonies’, in Remus Valsan (ed.), Trusts and Patrimonies, Chapter 9, Edinburgh, UK: Edinburgh University Press, 199–220 30. Robert Chambers (2016), ‘The End of Knowing Receipt’, Canadian Journal of Comparative and Contemporary Law, 2 (1), March, 1–32 31. Ying Khai Liew (2016), ‘Reanalysing Institutional and Remedial Constructive Trusts’, Cambridge Law Journal, 75 (3), November, 528–49 32. Alexandra Braun (2017), ‘The State of the Art of Comparative Research in the Area of Trusts’, in Michele Graziadei and Lionel Smith (eds), Comparative Property Law: Global Perspectives, Chapter 6, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing, 121–49 33. John Mee (2017), ‘The Past, Present, and Future of Resulting Trusts’, Current Legal Problems, 70 (1), December, 189–225 34. Lionel Smith (2017), ‘Massively Discretionary Trusts’, Current Legal Problems, 70 (1), December, 17–54 Index

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Book SynopsisThe financial crisis, which spanned 2007 and 2008, may have occurred ten years ago but the resulting regulatory implications are yet to be implemented. This book isolates the occurrences of the derivatives market, which were implied as the core accelerator and enabler of the global financial crisis.Offering a holistic approach to post-crisis derivatives regulation, this book provides insight into how new regulation has dealt with the risk that OTC derivatives pose to financial stability. It discusses the effects that post-crisis regulation has had on central counterparties and the risk associated with clearing of OTC derivatives. Alexandra G. Balmer offers a novel solution to tackle the potential negative externalities from the failure of a central counterparty and identifies potential new risks arising from post-crisis reforms.Comprehensive and astute, this book will provide legal and financial scholars, academics and lawyers with much food for thought. National supervisors and regulators will also benefit from an understanding of general market risks and factors affecting exposure to such risks.Trade Review'This book provides an in depth analysis of how banks failed to manage risks in the derivatives markets, but it also crucially points out how regulatory reforms can also contribute to the conditions that lead to financial market failure.' --Kern Alexander, University of Cambridge Centre for Risk Studies, UK and University of Zurich, SwitzerlandTable of ContentsContents: Foreword 1. Introduction 2. Derivatives 3. Clearing 4. Pre-Crisis Regulation of Derivatives and Clearing 5. Current Regulation and Implementation 6. Reforming the Reform 7. Regulatory Analysis 8. Summary of Findings and Outlook Bibliography Index

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Book SynopsisThis comprehensive yet accessible Research Handbook offers an expert guide to the key concepts, principles and debates in the modern law of unjust enrichment and restitution. Written by leading experts drawn from a wide range of common law, civilian and mixed jurisdictions, chapters cover the complex history, scope and philosophical foundations of the subject, its organisational structure, main liability principles, defences and remedies. Utilising a broad array of legal authority and academic commentary, contributors engage with the key concepts and debates in a way that offers a direct route into the field for new researchers, as well as a source of original thinking for those already familiar with the subject. Throughout, the learning of both civilian and common law legal systems is juxtaposed and integrated, offering useful comparative insights and lessons for the future development of this still young, but critically important field of law. Engaging and thought provoking, the Research Handbook on Unjust Enrichment and Restitution will prove indispensable to academics and researchers in the field of private and commercial law. Judges and practitioners will also have much to gain from the clear presentation of authorities, principles and useful comparative perspectives. Contributors include: E. Bant, K. Barker, K. Barnett, M. Bryan, A. Burrows, M. Chen-Wishart, H. Dagan, S. Degeling, J. Gordley, R. Grantham, R. Gregson, B. Häcker, L. Ho, D. Ibbetson, D. Klimchuk, T. Krebs, A. Kull, R. Leow, T. Liau, M. McInnes, C. Mitchell, C. Rotherham, H. Scott, G. Virgo, S. Watterson, E. Weinrib, C. Wonnell, T.H. WuTrade Review‘This is a superb volume which deserves a permanent place on the bookshelf alongside the existing unjust enrichment and restitution classics. This is sure to become a go-to source for many studying, teaching and researching these topics.’ -- William Day, Cambridge Law Journal‘In the Handbook we have a major addition to the literature on unjust enrichment and restitution. Impressive in the reach of its coverage and the quality of the contributions, it enriches and inspires, and all scholars of unjust enrichment and restitution must give thanks to the editors for having done a splendid job.’ -- Daniel Visser, South African Law Journal‘So many chapters spanning so much content result in a volume to which every anglophone private and commercial lawyer with more than a passing interest in the field will require access, hot on the heels of their leading practitioner-level texts on unjust enrichment and commercial remedies. The best thing about the book is that it provides quite a full one-stop-shop for head-on engagement with many persistent debates about a core private law concept.’ -- Mat Campbell, Edinburgh Law Review‘I was delighted to receive a copy of the Research Handbook edited by Elise, Kit and Simone, and I very much enjoyed dipping into various parts and chapters of it before today. It is an excellent and welcome contribution, capturing the benefits of a coherent and well laid-out structure of textbook on unjust enrichment, while also providing in-depth analysis on particular topics which a textbook rarely has space or time to devote to.The area I particularly focused on was the Part relating to defences, toward the back of the book. They are, as Graham Virgo points out in his chapter, the Cinderella of Unjust Enrichment – often not the focus of interest by academics, more interested in the interstices of the cause of action. But defences are both vitally interesting and important areas for research and discussion.The book contains three very thought-provoking and interesting contributions by Graham Virgo, Ross Grantham, and Thomas Krebs.’ -- Michael Rush QC, Queens Counsel at the Victorian Bar'This impressive collection of chapters by leading private law scholars offers an ideal guide to the basic doctrine of this important branch of the law, to its history and to various controversies concerning its analytical structure and philosophical foundations. A consistently excellent and accessible treatment of this subject with all of its challenges and complexities on full display. It is unquestionably a major contribution to the literature of unjust enrichment and restitution.' --John D. McCamus, York University, Canada'This book is exactly what a Research Handbook should be. It addresses an area of private law that continues to grow in importance worldwide. Many of the top scholars in the field are represented. The book also spans a variety of modern approaches to private law, including legal philosophy, economics and comparative law.' --Emily Sherwin, Cornell Law School, USTable of ContentsTable of Contents 1. The Evolution of Unjust Enrichment Law. Theory and Practice. Elise Bant, Kit Barker and Simone Degeling Part I History and Comparative Insights 2. Development at Common Law David Ibbetson 3. Unjust Enrichment: A Comparative Perspective and a Critique James Gordley Part II: Taxonomy 4. Restitution and Unjust Enrichment Andrew Kull 5. Restitution for Wrongs Craig Rotherham 6. Unjust Enrichment and Contract Hang Wu Tang 7. Unjust Enrichment and Equity Lusina Ho 8. Comparative/Civilian perspectives Helen Scott Part III: Philosophical Foundations 9. The Corrective Justice of Liability for Unjust Enrichment Ernest J Weinrib 10. Unjust Enrichment and the Forms of Justice Dennis Klimchuk 11. A Law and Economics Perspective on Restitution Chris Wonnell 12. Autonomy, Relational Justice and the Law of Restitution Hanoch Dagan Part IV: Analytical Structure 13. Enrichment Mitchell McInnes 14. At the Claimant’s Expense Stephen Watterson 15. Unjust Factors versus Absence of Juristic Reason (Causa) Birke Häcker 16. Impaired Intention Unjust Factors? Mindy Chen-Wishart and Rory Gregson 17. Conditional Intention as an Unjust Factor Andrew Burrows 18. No Intention to Benefit Michael Bryan 19. Other Reasons for Restitution Charles Mitchell Part V: Defences 20. A Taxonomy of Defences in Restitution Graham Virgo 21. Change of Position-Based Defences Ross GranthamT.H. Wu 22. Disenrichment in German Law Thomas Krebs Part VI: Restitutionary Remedies 23. Restitution, Compensation and Disgorgement Katy Barnett 24. Proprietary Restitution Timothy Liau and Rachel Leow Index

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Book SynopsisImportant new policy frameworks call on governments to ensure respect for human rights by businesses and to secure a transition to sustainable consumption. Public procurement accounts for a significant share of the global economy, and nearly 30% of government expenditure across OECD countries. But what are the obligations of the state to protect human rights when it acts as a buyer? And how can procurement be used to drive respect for human rights amongst government suppliers? This engaging book reflects on these important questions, from the dual disciplinary perspectives of public procurement and human rights.Through legal analysis and practice-focused case studies, the expert contributors interrogate the role and potential of public procurement as a driver for responsible business conduct. Highlighting the character of public procurement as an interface for multiple normative regimes and competing policies, the book advances a compelling case for a shift to a new paradigm of sustainable procurement that embraces human rights as crucial to realising international policies such as those embodied in the UN Guiding Principles on Business and Human Rights and 2030 Sustainable Development Goals.Topical and thought-provoking, Public Procurement and Human Rights will be an essential read for academics and students of human rights law, public procurement law, and business and human rights, as well as practitioners in public procurement and sustainability, and government officials.Contributors include: B.S. Claeson, E. Conlon, C. Emberson, P. Göthberg, O. Martin-Ortega, A. Marx, C. Methven O'Brien, C. Nicholas, O. Outhwaite, G. Quinot, D. Russo, A. Sanchez-Graells, J. Sinclair, R. Stumberg, A. Trautrims, N. Vander Meulen, S. Williams-ElegbeTrade Review'Olga Martin-Ortega and Claire Methven O’Brien have edited an important book that centres the human rights questions arising from public procurement processes. The 14 chapters in Martin-Ortega and O’Brien’s edited book fill an important gap by undertaking an incisive and insightful analysis of the human rights implications of public procurement processes from a cross-disciplinary perspective.' -- Olabisi D Akinkugbe, Business and Human Rights Journal‘Olga Martin-Ortega and Claire Methven O’Brien have collected the most sophisticated legal analyses of the different issues faced when considering human rights in buying procedures as they arise in different legal environments. They have included deeply thought through case studies on actual practices already at work in most relevant sectors such as electronics and apparel. This book will enlighten academics and policy-makers and help practitioners. Overall, it is conveying a very important message: human rights must be taken seriously in public procurement procedures!’ -- Roberto Caranta, University of Turin, ItalyTable of ContentsContents: Editors’ preface PART I INTRODUCTION 1. Public procurement and human rights: interrogating the role of the state as buyer Olga Martin-Ortega and Claire Methven O’Brien PART II FRAMEWORKS AND ACTORS 2. Human rights and national procurement rules in the World Trade Organization Agreement on Government Procurement Opi Outhwaite 3. Human rights in the context of public procurements financed by the World Bank Sope Williams-Elegbe 4. The human rights responsibilities of international organizations as procuring authorities Deborah Russo 5. Constitutionalising public procurement through human rights: lessons from South Africa Geo Quinot 6. Public procurement and ‘core’ human rights: a sketch of the European Union legal framework Albert Sanchez-Graells 7. Civil liability for abuses of ILO core labour rights in European Union government supply chains: Ireland as a case study Eamonn Conlon 8. Public procurement and human rights: current role and potential of voluntary sustainability standards Axel Marx PART III OPPORTUNITIES AND CHALLENGES: INSIGHTS FROM PRACTICE 9. Outsourcing and bonded labour in military and diplomatic security services James Sinclair 10. Public procurement and human rights in the healthcare sector: the Swedish county councils’ collaborative model Pauline Göthberg 11. Public procurement and modern slavery risks in the English adult social care sector Caroline Emberson and Alexander Trautrims 12. Making rights effective in public procurement supply chains: lessons from the electronics sector Björn Skorpen Claeson 13. Supply chain transparency in public procurement: lessons from the apparel sector Robert Stumberg and Nicole Vander Meulen PART IV CONCLUSION 14 Public procurement and human rights: towards legal and policy coherence in pursuit of sustainable market economies Claire Methven O’Brien and Olga Martin-Ortega Index

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Book SynopsisThis comprehensive Research Handbook examines the continuum between private ordering and state regulation in the lex mercatoria. It highlights constancy and change in this dynamic and evolving system in order to offer an in-depth discussion of international commercial contract law. International scholars, from a range of jurisdictions and legal cultures across Africa, North America and Europe, dissect a plethora of contract types, including sale, insurance, shipping, credit, negotiable instruments and agency, against the backdrop of key legal regimes commonly chosen in international agreements. These include: the UN CISG, Unidroit PICC, European DCFR and English law. The Research Handbook examines key general principles in commercial contract law, such as interpretation, good faith, remedies for breach and choice of law clauses from an international perspective. It also engages with various emerging aspects of internet contracting, including smart contracts.Scholars and researchers working in the field of contract law, and international commercial contracts more specifically, will find this Research Handbook to be an indispensable guide. Practitioners seeking clear guidance will also benefit from its detailed coverage of specific research questions.Trade Review'This is a much needed book, which brings together scholars from around the world in a collection of essays which contemplate international contracts more broadly. The world needs more research like this, in an age where international approaches cross regional borders and jurisdictions. The contributions are well set out, and allow the reader to see a more pragmatic picture of international commercial contracts. I particularly enjoyed the editors' own chapter on Party Autonomy and will be recommending this to my students of international commercial law.' -- Camilla Baasch Andersen, The University of Western Australia'This fine assembly of chapters, predominantly by South African scholars but also including work from scholars in The Netherlands, the UK and the US, is devoted to a study of contract and commercial law on the international plane. The 17 contributions cover a wide range, both in time and in topic, and bring new insights into current and emerging commercial law issues, as well as alerting the reader to sources of which he or she may have been unaware. I warmly commend this new work.' -- Roy Goode, University of Oxford, UKTable of ContentsContents: List of contributors vii 1 International commercial contracts: autonomy and regulation in a dynamic system of merchant law 1 Andrew Hutchison and Franziska Myburgh PART I GENERAL PRINCIPLES OF CONTRACT LAW 2 On reasonable expectations, interpretive preferences and the ICS principles of interpretation 11 Franziska Myburgh 3 Good faith and the duty to co-operate in long-term contracts 35 Lorna Richardson 4 A lex mercatoria of remedies for breach of contract? 57 Harriët N Schelhaas 5 An EU perspective on contract law harmonisation 86 Bert Keirsbilck 6 Private international law and choice-of-law clauses 110 Faadhil Adams and Thalia Kruger 7 The UNIDROIT Principles of International Commercial Contracts 132 Thomas Krebs PART II MERCHANT CONTRACT FORMS 8 CISG and Incoterms® : reviving the traditions of the lex mercatoria 159 Juana Coetzee 9 Private ordering, dynamic merchant tradition, and the Uniform Commercial Code 181 David L Finnegan 10 A history of English marine insurance law: merchants, their practices, the courts and the law 196 Jeffrey Thomson 11 From the book of lading to blockchain bills of lading: dynamic merchant tradition and private ordering 223 Livashnee Naidoo 12 Negotiable instruments as instruments of payment in international trade 244 Charl Hugo 13 Harmonizing international secured transactions law 262 Reghard Brits 14 Agency law: continuity and change 281 Laura Macgregor PART III NEW FRONTIERS 15 Online contracting in an international commercial context 301 Sieg Eiselen 16 The chimera of smart contracts 328 Manuel A Gomez Index

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Book SynopsisThe Economic and Monetary Union (EMU) constitutes a key pillar of the project of European integration, and the law serves as the infrastructure of the EU's system of economic governance. This comprehensive Research Handbook analyses and explains this complex architecture from a legal point of view and looks ahead to the challenges it faces and how these can be resolved. Bringing together contributions from leading academics from across Europe and top lawyers from several EU institutions, this Research Handbook is the first to cover all aspects of the Eurozone's legal ecosystem, including the fiscal, monetary, banking, and capital markets unions. In doing so, it offers an up-to-date and in depth assessment of the norms and procedures that underpin EMU, exploring the latest developments, highlighting the strengths and weaknesses of the existing framework, and making suggestions for necessary reform through policy and law. Scholars and advanced students with an interest in EU economic law will find this Research Handbook to be an indispensable guide. It will also prove valuable to policy-makers and legal advisors working in EU institutions, as well as practitioners in the field and officials in both EU and national administrations.Trade Review'This Research Handbook is a thorough and well-organized volume on European economic law. It is a timely publication given the fast pace of changes in European economic affairs and presents a balanced look at the strengths and weaknesses among European Monetary Union institutions with an eye to the future from the contributors’ perspectives. This particular addition to the series is unique among other publications for its in-depth analysis of EU economic law.'--Stephanie C Miller, International Journal of Legal InformationTable of ContentsContents: 1. Introduction Federico Fabbrini and Marco Ventoruzzo PART I Economic Union 2. Institutional architecture Alberto de Gregorio Merino 3. Fiscal Rules Jean-Paul Keppenne 4. Mechanisms of Financial Stabilization Tomi Tuominen 5. Fiscal Capacity Federico Fabbrini PART II Monetary Union 6. Institutional architecture (ECB, Eurosystem) Phoebus Athanassiou 7. Conventional & Unconventional Monetary Policy Aikaterini Pantazatou and Ioannis Asimakopoulos 8. Monetary Policy and Judicial Review Stefania Baroncelli 9. Adjustment Programs and Conditionality Roderic O’Gorman PART III Banking Union 10. The Single Rulebook and the European Banking Authority Valia Babis 11. Single Supervisory Mechanism Tobias H. Troeger 12. Single Resolution Mechanism Christos Gortsos 13. European Deposit Insurance Scheme Christos Gortsos PART IV Capital Markets Union 14. The European System of Financial Supervision Sophie Vuarlot-Dignac and Eugenia Siracusa 15. Capital Markets Union Danny Busch 16. Financial Services and Investment Funds Filippo Annunziata 17. Clearing and Settlement Nadia Linciano 18. Concluding remarks Andreas Heinzmann and Valerio Scollo Index

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Book Synopsis'Bainbridge and Henderson have given us one of the most important books on one of the most important contemporary legal issues, the liability of individual and corporate shareholders for corporate debts. There is no issue in corporate law more subject to uncertainty and no issue more likely to be litigated. No single book has ever attempted, much less carried off, the complete historical, international, economic and legal theoretical exegesis of limited liability, which these two authors do with range, depth, confidence and even a bit of panache. This monograph, of crucial interest both to scholars and practitioners, will become an instant classic and an immediate authority.'Stephen B. Presser, Northwestern University and the author of Piercing the Corporate VeilThe modern corporation has become central to our society. The key feature of the corporation that makes it such an attractive form of human collaboration is its limited liability. This book explores how allowing those who form the corporation to limit their downside risk and personal liability to only the amount they invest allows for more risks to be taken at a lower cost.This comprehensive economic analysis of the policy debate surrounding the laws governing limited liability examines limited it not only in an American context, but internationally, as the authors consider issues of limited liability in Britain, Europe and Asia. Stephen Bainbridge and M. Todd Henderson begin with an exploration of the history and theory of limited liability, delve into an extended analysis of corporate veil piercing and related doctrines, and conclude with thoughts on possible future reforms. Limited liability in unincorporated entities, reverse veil piercing and enterprise liability are also addressed. This comprehensive book will be of great interest to students and scholars of corporate law. The book will also be an invaluable resource for judges and practitioners.Trade Review'This book does a wonderful job of bringing sharp and clear analysis to a breathtakingly complex and poorly understood area of law. In particular, the book is distinctive for its careful treatment of the inefficiencies generated by current confusion and apparent subjectivity of the law in many states. Also of interest is the book's thoughtful economic analysis of the various ways that parent companies and other controlling investors react to the confused state of the law.' --Jonathan Macey, Yale University'Professors Bainbridge and Henderson have made an outstanding contribution to the literature on limited liability. There is something valuable for everyone in this book, which provides not only a clear and comprehensive exposition of the doctrine and theory of limited liability, but also with a cogent and clever solution to limited liability's deeply troubled exception, veil-piercing. This is an important book in one of the most important areas of business law, and is a tremendous, versatile resource for attorneys, entrepreneurs, students and scholars alike.' --Peter Oh, University of Pittsburgh'This new text represents scholarship in its finest form. Professors Bainbridge and Henderson provide, in succinct form, a masterly coverage of the central corporate law concept of limited liability. . . This is a ''must have'' component for the personal library of any serious scholar of corporate law in the developed world. Students at all levels will benefit from the insights on offer. It could be read with interest by a range of policymakers. I would recommend it without any qualification.' --International Company and Commercial Law ReviewTable of ContentsContents: 1. Introduction 2. History of Limited Liability 3. Why does the Law Limit Corporate Shareholders’ Liability? 4. Veil Piercing Standards 5. What Law Applies? 6. Veil Piercing in Statutory Contexts 7. Related Doctrines 8. Veil Piercing in Unincorporated Entities 9. Limited Liability in Comparative Perspective 10. Rethinking Veil Piercing 11. Conclusion Index

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Book SynopsisThis innovative book explores the legal character of petroleum licences, a key vehicle governing the relationship between oil companies and their host states. Examining the issue through the lens of legal culture, it illustrates why some jurisdictions exert strong state control and others only minimal.Critically investigating the nature of a petroleum licence, the book analyses whether it is a mere administrative right, a contract or something more akin to property rights. Chapters examine recent developments, such as the UK's strategy of maximizing economic recovery and the opposition to drilling for oil in Norway and Australia. Outside of Western petroleum jurisdictions, the book also explores several long-established jurisdictions including Russia and Mexico, as well as emerging jurisdictions, such as China and Uganda. Taking a contextual and system-oriented approach, it reveals the preconditions of the petroleum licence regime and offers a critical insight into the reasons behind alterations to the terms of the licences.Encompassing a wide variety of legal cultures and experiences, this thought-provoking book will prove to be a valuable resource for academics and students of energy law, particularly those with an interest in state regulation. It will also provide useful insights for industry-based practitioners.Table of ContentsContents: Acknowledgements viii 1 Introduction 1 Jørn Øyrehagen Sunde and Tina Soliman Hunter 2 Characterisation of Australia’s petroleum licences: property capable of acquisition on ‘just terms’? 16 Tina Soliman Hunter 3 The legal character of petroleum licences in the United States of America 51 John Lowe 4 The legal character of petroleum licences in Canada 72 Nigel Bankes 5 The legal character of petroleum licences in Uganda 95 Emmanuel Kasimbazi 6 Petroleum licences – a legal culture perspective: the United Kingdom 119 Greg Gordon and John Paterson 7 Oil and gas licences – a legal nature perspective: the Netherlands 139 Martha Roggenkamp 8 Legal character of petroleum licences under Norwegian law 159 Ernst Nordtveit 9 Russia: legal culture and character of Russian petroleum licences 186 Irina Fodchenko 10 The Mexican petroleum licence of 2013 207 Guillermo J. Garcia Sanchez 11 The legal character of petroleum licences in the People’s Republic of China 234 Yong Li 12 Afterword: Licence rights – what’s left? 253 Terence Daintith Index

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Book SynopsisWhat does the future hold for oil and gas, what can we learn from the past and what role does law have to play in this? Using a unique temporal lens, this Research Handbook examines core themes in oil and gas regulation from historical, contemporary and forward-looking perspectives.Structured in three distinct parts, this Research Handbook begins by detailing the past dominance of oil, charting the role and influence of legal instruments and regulatory regimes governing petroleum. Using a diverse range of case study perspectives over several jurisdictions, the Research Handbook then turns to oil and gas in the modern world, with critical discussion of current petroleum legal regimes. It concludes with a series of forward-looking chapters that consider the future challenges and opportunities for oil and gas, and how petroleum-dependent states can both regulate and facilitate the age of energy transition.Surveying the technological shifts of the oil and gas sector through time, this comprehensive Research Handbook will prove an invigorating read for scholars and students of energy and natural resource law disciplines. Its discussion of emerging technologies and community impact will prove particularly useful to regulators, policymakers, corporations and legal practitioners concerned with the future of energy.Trade Review‘Soliman Hunter and Taylor bring together a fine group of legal specialists and practitioners to explore the past, present and future of oil and gas. As the world transitions towards a low carbon future, this is a very timely and important research volume on energy markets, governance and regulatory regimes.’ -- Andreas Goldthau, University of Erfurt and Institute for Advanced Sustainability Studies, Germany‘An indispensable work for understanding national and international approaches to oil and gas regulations, and the relevant challenges in an era of energy transition.’ -- Carlos Bernal, Member of CENRIT and Commissioner at the Inter-American Human Rights CommissionTable of ContentsContents: PART I THE PAST – THE DOMINANCE OF OIL 1 Historical perspectives on the global petroleum economy 2 Tina Soliman Hunter 2 The role and influence of oil concessions on the oil and gas industry 33 Janan Gibbins 3 The ‘move’ offshore: The progressive development of international law in relation to the access to, and control of, offshore oil and gas resources 52 Nikolaos Koulouris and Tina Soliman Hunter 4 Development of regulatory regimes for offshore petroleum exploitation: The ‘North American’ and ‘North Sea’ perspectives 65 Tina Soliman Hunter PART II THE PRESENT: OIL AND GAS IN THE MODERN WORLD 5 The role of law in petroleum resource governance and predicting the natural resource paradox in Africa 90 Eddy Lenusira Wifa and Mostafa Elshazly 6 Asian liquified natural gas markets: The tomorrow will look very different from yesterday 115 Kim Talus 7 Hydrocarbon activities on indigenous land: Substantive and procedural rights 130 Rachael Lorna Johnstone and Emma Wilson 8 The Energy Charter Treaty as a legal instrument for oil and gas disputes 158 Moritz Wüstenberg and Tina Soliman Hunter 9 Oil and gas in Latin America: Recent development on the policy and regulation and future perspectives 175 Juan Felipe Neira, Carlos Bellorin, Ernesto Beltrán Nishizaki, Antero Alvarado and Laura Camila Ramos 10 The shale gas revolution—the United States’ perspective 195 Hannah J. Wiseman 11 An unconventional evolution: Addressing and regulating socio-legal issues associated with the development of shale gas and coal seam gas resources in selected jurisdictions 219 Madeline Taylor 12 Changing perspectives on production sharing contracts 246 Ahad Al Yahyai 13 International and supranational aspects of oil and gas law and its impact on national autonomy over petroleum development 290 Ernst Nordtveit and Tina Soliman Hunter 14 The regulatory aspects of managing contamination from oil and gas facilities during the offshore decommissioning process 320 Elizabeth J Brandon 15 Emerging technologies in oil and gas development: regulatory and policy perspectives 344 Tina Soliman Hunter, Madeline Taylor and Niloufer Selvadurai 16 Future security of Russia’s fuel and energy complex: The dominance of the Arctic 372 Dmitriy A. Medvedev and Tina Soliman Hunter 17 Maritime boundaries and cooperation over straddling seabed resources in the Eastern Mediterranean Sea 388 Constantinos Yiallourides 18 Conclusion: Energy transition in an oil and gas dependent world 409 Madeline Taylor and Tina Soliman Hunter Index

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Book SynopsisIn this series of chapters on contract damages issues, Victor P. Goldberg provides a framework for analyzing the problems that arise when determining damages, and applies it to case law in both the USA and the UK. In analyzing direct damages, the author treats the problem as pricing the option to terminate. This sheds light on the question of the date at which damages should be measured and the role of post-breach information in damage assessment. It shows how the treatment of the so-called lost volume seller in both countries results in the court constructing an absurd contract, setting an option price with perverse characteristics. Goldberg then considers two questions regarding consequential damages--the enforceability of consequential damages exclusion clauses and whether the lost profits claims of new businesses should be rejected. Contracts professors, judges, lawyers and law students will be inspired by this volume to rethink the law of contract damages.Trade Review‘There is much to recommend this book, particularly if you enjoy having long-held assumptions about a case challenged. Goldberg is to be warmly commended for speaking to an audience beyond the US. I hope that he continues to turn his gaze to English case law (and perhaps beyond) and causes us all to rethink some of the assumptions we operate under.’ -- Katy Barnett, Cambridge Law Journal'Professor Goldberg's book provides a wealth of new insights into the English cases on contract damages, through impressively detailed research that includes the unearthing of new materials. Goldberg notes from the outset that he comes to English law ''as an outsider'' and the lens through which he evaluates the cases rests on a premise that many English contract scholars are unlikely to accept. And yet, as a spur to ''rethinking'' contract damages, this approach makes a provocative and valuable contribution, and I learned a lot from reading the book.' --Andrew Summers, London School of Economics, UKTable of ContentsContents: Introduction Part 1. Direct Damages 1. Reckoning Contract Damages: Valuation Of The Contract As An Asset 2. After The Golden Victory: Still Lost at Sea 3. The Lost Volume Seller, US 4. The Lost Volume Seller, UK 5. British Westinghouse and The New Flamenco: Misunderstanding Mitigation 6. The Middleman’s Damages Revisited 7. Contract Damages when there are Sub-Sales, UK 8. Rethinking Jacob and Youngs v. Kent Part 2. Indirect Damages 9. Victoria Laundry’s Dirty Linen 10. Consequential Damages and Exclusion Clauses, US 11. Consequential Damages and Exclusion Clauses, UK 12. The New Business Rule and Compensation for Lost Profits Bibliography Index

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Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.The Advanced Introduction to Cross-Border Insolvency Lawprovides a clear and concise overview of cross-border insolvency law with particular focus on the rules governing insolvency proceedings that occur between and across countries. Increasingly, such proceedings have an international dimension, which may involve, for example, debtors with assets abroad, foreign creditors, contractual agreements with counterparties in different jurisdictions, or companies with offices or subsidiaries in a different country. The book expertly steers the reader through the complex interactions between national and supra-national rules, international model laws, and the principles that underpin them. Key Features: Uses numerous practical examples to illustrate key concepts Provides both in-depth information for advanced readers and accessible information for beginners in the field Succinctly evaluates case law and literature Follows a comparative law approach with a principle-based methodology in order to fully explore the most important issues This enlightening Advanced Introduction will be of great benefit to those studying company, commercial, and private international law, as well as to the non-specialist practitioner. Insolvency scholars will also appreciate the astute insights.Trade Review‘This book is expertly and clearly written by one of the leading experts in the field. The language is technical but not difficult, and people approaching this field for the first time will have no difficulty in understanding the basics of the subjects covered in its eight chapters. The book comes as highly recommended for those who conduct research on this topic for the first time and/or who would like to enrich their knowledge by referring to key cases and other publications in the area.’ -- Eugenio Vaccari, International Company and Commercial Law Review‘This latest addition to the very impressive oeuvre of Prof. Reinhard Bork in the field of (cross-border) insolvency law provides a comprehensive, clear and convincing treatise of issues relevant in a cross-border insolvency context. Bork addresses matters of jurisdiction, applicable law, recognition, cooperation and coordination, secondary proceedings, the position of foreign creditors in domestic proceedings and group insolvencies on the basis of both the European Insolvency Regulation and the UNCITRAL Model Law on Cross-Border Insolvency. It is a “must read” for everyone working in or studying insolvency law. I am convinced that it will find its way to and benefit practitioners and scholars around the globe.’ -- P.M. (Michael) Veder, Radboud University, the Netherlands

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Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.The Advanced Introduction to Cross-Border Insolvency Lawprovides a clear and concise overview of cross-border insolvency law with particular focus on the rules governing insolvency proceedings that occur between and across countries. Increasingly, such proceedings have an international dimension, which may involve, for example, debtors with assets abroad, foreign creditors, contractual agreements with counterparties in different jurisdictions, or companies with offices or subsidiaries in a different country. The book expertly steers the reader through the complex interactions between national and supra-national rules, international model laws, and the principles that underpin them. Key Features: Uses numerous practical examples to illustrate key concepts Provides both in-depth information for advanced readers and accessible information for beginners in the field Succinctly evaluates case law and literature Follows a comparative law approach with a principle-based methodology in order to fully explore the most important issues This enlightening Advanced Introduction will be of great benefit to those studying company, commercial, and private international law, as well as to the non-specialist practitioner. Insolvency scholars will also appreciate the astute insights.Trade Review‘This book is expertly and clearly written by one of the leading experts in the field. The language is technical but not difficult, and people approaching this field for the first time will have no difficulty in understanding the basics of the subjects covered in its eight chapters. The book comes as highly recommended for those who conduct research on this topic for the first time and/or who would like to enrich their knowledge by referring to key cases and other publications in the area.’ -- Eugenio Vaccari, International Company and Commercial Law Review‘This latest addition to the very impressive oeuvre of Prof. Reinhard Bork in the field of (cross-border) insolvency law provides a comprehensive, clear and convincing treatise of issues relevant in a cross-border insolvency context. Bork addresses matters of jurisdiction, applicable law, recognition, cooperation and coordination, secondary proceedings, the position of foreign creditors in domestic proceedings and group insolvencies on the basis of both the European Insolvency Regulation and the UNCITRAL Model Law on Cross-Border Insolvency. It is a “must read” for everyone working in or studying insolvency law. I am convinced that it will find its way to and benefit practitioners and scholars around the globe.’ -- P.M. (Michael) Veder, Radboud University, the Netherlands

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Book SynopsisPresenting detailed analysis of the industrialization and commercialization of pharmaceutical patents in China, this timely book explores a range of related topics including a comparison of the ideal and existing state of the pharmaceutical market and patent industrialization. It argues that the core purpose of the industrialization of pharmaceutical patents is to promote the development of the local pharmaceutical industry whist also protecting society's right to safe and effective medication.Chapters examine the special application issues of patent law in relation to the field of pharmaceuticals, compare the Chinese and American legal systems and their approach to pharmaceutical patents, and provide in depth political and legal analysis of the industry. James Hou suggests methods by which the Chinese legal system can seek to improve its governance of pharmaceutical patents and balance the conflicts of interest arising between new drug developers, established drug manufacturers and the end users.Featuring comprehensive coverage of patents in the Chinese pharmaceutical industry, this book will be a key resource for scholars and students of commercial, pharmaceutical and intellectual property law, whilst also being of interest to industry talents discovering the potential of their own innovations.Table of ContentsContents: Forward Preface Introduction 1. On the importance of patents in pharmaceutical industry development 2. Pharmaceutical markets and patents: Idealized, and in practice 3. Comparison of Chinese and American legal systems on pharmaceutical patents 4. Patent law issues unique to pharmaceuticals 5. Improvement of China’s pharmaceutical patent system 6. Law and policy analysis of China’s pharmaceutical patent industrialization 7. Conclusion

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Book SynopsisThis comprehensive book provides a clear analysis of the European Restructuring Directive, which aims to improve national frameworks governing business restructuring and insolvency as well as to provide debt relief for individuals. Gerard McCormack explores the key aspects of the Directive including the moratorium on litigation and enforcement claims against the financially-troubled business, the provision for new financing, the division of creditors into classes, the introduction of a restructuring plan and the rules for approval of the plan by a court or administrative authority.Key features include: a unique contextualisation of the Directive, situating it against the backdrop of earlier European initiatives identification of important parallels with the UK scheme of arrangement and the new UK restructuring plan procedure embodied in the Corporate Insolvency and Governance Act 2020 a comparison of the Directive with Chapter 11 of the US Bankruptcy Code, the United Nations Commission on International Trade Law legislative guide on insolvency, and the World Bank’s Insolvency and Creditor Rights and Doing Business projects. This important new book provides a detailed and practical analysis of the Directive and the implications for its transposition into national laws, making it an essential work for insolvency lawyers and practitioners, as well as EU policy makers. It will also be critical reading for academics and students of law, particularly those interested in commercial, insolvency, corporate and European law.Trade Review‘The European Restructuring Directive makes a welcome contribution to the ongoing debates among academics, practicing lawyers and policymakers on the preferred and balanced solutions to rescue financially distressed businesses. Its publication could not have been timelier.’ -- Ilya Kokorin, Eurofenix'In this excellent new book, Gerard McCormack adopts a contextual approach to the European Restructuring Directive, examining its implementation options against the choices which countries have made in the design of real-world restructuring tools. The book is both an invaluable guide to the principal features of the Directive, full of McCormack's trademark insights, and an invaluable reference on almost every aspect of restructuring law, from theory to the fundamental concepts which determine how a restructuring procedure is constructed.' -- Sarah Paterson, London School of Economics, UK'This is an impressive analysis of the terms of and policy behind this EU Directive, which takes effect in July 2021. It is written by the leading academic commentator in the field. McCormack's understanding of the wider issues shines through as this Directive is subjected to forensic scrutiny. The text is set against the broader regulatory environment in the EU and contains valuable comparative insights. It will be a seminal work on the subject to be read with interest by academics and practitioners from any jurisdiction having an interest in the subject.' -- David Milman, Lancaster University, UKTable of ContentsContents: Preface 1. Introduction 2. Recognition and enforcement of preventive restructuring procedures across Europe 3. Access and control 4. Stays (moratoria) on the enforcement of rights against a debtor 5. New finance and restructuring related transactions 6. Restructuring plans and their confirmation 7. Debt discharge and individual entrepreneurs 8. Improving the efficiency of restructuring, insolvency and debt discharge procedures Index

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Book SynopsisThe Brussels I-bis Regulation remains the most significant legal instrument for procedural law in the EU, providing the cornerstone for questions of international jurisdiction and enforcement of judgments in civil and commercial matters. This authoritative book provides a thorough and practical analysis of the Regulation, with particular focus on its implementation and application.With comprehensive coverage of the relevant CJEU case law, and rigorous analysis of the jurisprudence of the Brussels Regulation, this book acts as both a detailed reference work for the understanding and practical application of the Regulation, and a roadmap for its future. It highlights the challenges involved in the application of the Regulation, such as interpretation of its concepts and the achievement of its underlying purposes, as well as the efficiency and potential costs, and provides suggestions for legislative improvements.Key Features: A focus on the interpretation and practical application of the Regulation Detailed analysis of the case law and jurisprudence Highlights both deficiencies and potential improvements Written by leading scholars in EU and Private International Law The Brussels I-bis Regulation is an important reference work for practitioners handling cross-border commercial or civil cases. It is also an invaluable educational and research tool for scholars in the fields of EU Law, private international law and commercial law.Trade Review‘This work is a formidable review of the core jurisdictional rules for commercial litigation in the EU. Complemented with key national implementation (and acutely observed uncertainties), this volume offers both a clear overview for those new to the field, and much detail for those diving deeper. It is a remarkable achievement by its reputable authors.’ -- Geert van Calster, KU Leuven, Belgium‘The merit of this book lies in its systematic and accessible review of the extensive European case law and literature spanning more than 50 years. The presentation is comprehensive, in-depth and critically reflected. The authors are recognized experts in international civil procedure. They have created a standard work that is indispensable for academics and practitioners alike.’ -- Katharina Boele-Woelki, Bucerius Law School, GermanyTable of ContentsContents: Preface Foreword 1. SCOPE OF APPLICATION, DEFINITIONS AND THE GENERAL RULE 2. SPECIAL JURISDICTION – ARTICLES 7–9 3. RULES ON JURISDICTION IN WEAKER PARTY DISPUTES 4. EXCLUSIVE JURISDICTION – ARTICLE 24 5. PROROGATION OF JURISDICTION – ARTICLES 25 AND 26 6. COMMON PROVISIONS – ARTICLES 27–35 7. RECOGNITION AND ENFORCEMENT 8. RELATION WITH OTHER INSTRUMENTS AND FINAL PROVISIONS Index

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Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.This comprehensive Advanced Introduction provides an overview of contract law and contemporary contract theory. Demonstrating that an understanding of theory and policy is a vital aspect of being an effective practicing lawyer, Brian H. Bix explores the various theoretical approaches which can best explain and justify contract law, arguing for greater critical attention to the connections between contract law theory, practice, and teaching.Key Features: Concise and accessible format Combines analysis of contract doctrine and theory Includes detailed Restatement, UCC and case references Analyses the strengths and weakness of a variety of theoretical approaches Examines contract law formation, interpretation, performance, the right of duties of third persons, and remedies The Advanced Introduction to Contract Law and Theory will be an invaluable resource for students wanting to understand contract law and its theoretical underpinnings. It will also prove an essential guide for scholars seeking an authoritative guide to current doctrine and debates in the field of contract law.Trade Review‘In Advanced Introduction to Contract Law and Theory, Brian Bix has accomplished the rare feat of providing an introduction to both contract doctrine and the normative debates that swirl around that law that speaks to both students and scholars in the field. He manages to clearly explain both the complexities of the law and the difficult theoretical debates that contract doctrine has sparked in ways that will engage beginners and challenge experts in the field.’ -- Nathan B. Oman, College of William & Mary, US‘Doctrine, legal philosophy and law-in-action: to understand contracts, we need all three of these bodies of knowledge. Moreover, we need a willingness to recognize inconsistencies. Add Brian Bix’s talents in each of these areas plus his skill as a writer, and you have a fine book.’ -- Stewart Macaulay, University of Wisconsin-Madison, USTable of ContentsContents: Preface 1. Introduction: theory and practice 2. Formation 3. Interpretation 4. Performance 5. Rights and duties of third parties 7. Contract theory 8. Concluding reflections on contract law and theory Bibliography Index

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Book SynopsisReflecting the most recent changes in the law, the third edition of this popular textbook provides a fully updated, comparative introduction to the law of contract. Accessible and clear, it is perfectly pitched for international students and courses with a global outlook. Jan Smits’ unique approach treats contract law as a discipline that can be studied on the basis of common principles and methods without being tied to a particular jurisdiction or legal culture. He puts contract law in context by discussing empirical and economic insights. Notable updates include the consequences of Brexit, the implementation of new European directives 1999/770 and 2019/771 as well as coverage of the effect of COVID-19 on contracts.Key features of the third edition include: Introduces key principles by comparing solutions from different jurisdictions, illustrating for students the international nature and substance of contract law Draws from a wide variety of sources including German, English, French and Dutch law, European and international instruments, and examples from Central and Eastern Europe and Islamic contract law, making this an ideal textbook for students across Europe and beyond Focuses on legal method as well as substantive law Attractive and accessible design with text boxes, colour and graphics to help students navigate easily and identify key information. With its innovative approach and engaging design, this textbook has proved an essential companion to introductory courses on contract law across a multitude of jurisdictions.Trade Review‘I found this book impressively clear and readable, not academic or abstract in its approach but tied at every point to examples in English and civil law.’ -- Daphne Perry, The Law SocietyAcclaim for previous editions:Table of ContentsContents: Preface to the third edition PART 1 CONTRACTS 1. Introduction 2. Sources of contract law PART 2 THE FORMATION OF A CONTRACT 3. Offer and acceptance 4. The intention to create legal relations 5. Legal capacity of the parties 6. Formalities PART 3 THE CONTENTS OF THE CONTRACT 7. The party agreement: Interpretation and gap filling 8. The principle of good faith and policing unfair contract terms PART 4 VITIATING FACTORS 9. Defects of consent and misrepresentation 10. Prohibited contracts PART 5 CONTRACTUAL REMEDIES 11. Performance 12. Damages for non-performance 13. Termination of the contract PART 6 CONTRACTS AND THIRD PARTIES 14. Contracts and third parties Index

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Book SynopsisReflecting the most recent changes in the law, the third edition of this popular textbook provides a fully updated, comparative introduction to the law of contract. Accessible and clear, it is perfectly pitched for international students and courses with a global outlook. Jan Smits’ unique approach treats contract law as a discipline that can be studied on the basis of common principles and methods without being tied to a particular jurisdiction or legal culture. He puts contract law in context by discussing empirical and economic insights. Notable updates include the consequences of Brexit, the implementation of new European directives 1999/770 and 2019/771 as well as coverage of the effect of COVID-19 on contracts.Key features of the third edition include: Introduces key principles by comparing solutions from different jurisdictions, illustrating for students the international nature and substance of contract law Draws from a wide variety of sources including German, English, French and Dutch law, European and international instruments, and examples from Central and Eastern Europe and Islamic contract law, making this an ideal textbook for students across Europe and beyond Focuses on legal method as well as substantive law Attractive and accessible design with text boxes, colour and graphics to help students navigate easily and identify key information. With its innovative approach and engaging design, this textbook has proved an essential companion to introductory courses on contract law across a multitude of jurisdictions.Trade Review‘I found this book impressively clear and readable, not academic or abstract in its approach but tied at every point to examples in English and civil law.’ -- Daphne Perry, The Law SocietyAcclaim for previous editions:Table of ContentsContents: Preface to the third edition PART 1 CONTRACTS 1. Introduction 2. Sources of contract law PART 2 THE FORMATION OF A CONTRACT 3. Offer and acceptance 4. The intention to create legal relations 5. Legal capacity of the parties 6. Formalities PART 3 THE CONTENTS OF THE CONTRACT 7. The party agreement: Interpretation and gap filling 8. The principle of good faith and policing unfair contract terms PART 4 VITIATING FACTORS 9. Defects of consent and misrepresentation 10. Prohibited contracts PART 5 CONTRACTUAL REMEDIES 11. Performance 12. Damages for non-performance 13. Termination of the contract PART 6 CONTRACTS AND THIRD PARTIES 14. Contracts and third parties Index

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Book SynopsisThis illuminating book contributes to knowledge on the impact of Brexit on international commercial arbitration in the EU. Entering the fray at a critical watershed in the EU’s history, Chukwudi Ojiegbe turns to the interaction of court litigation and international commercial arbitration, offering crucial insights into the future of EU law in these fields.Ojiegbe reviews a plethora of key aspects of the law that will encounter the aftermath Brexit, focusing on the implications of the mutual trust principle and the consequences for the EU exclusive competence in aspects of international commercial arbitration. He explores the principles of anti-suit injunction and other mechanisms that may be deployed by national courts and arbitral tribunals to prevent parallel court and arbitration proceedings. Advancing academic debate on the EU arbitration/litigation interface, this book suggests innovative solutions to alleviate this longstanding and seemingly intractable issue. Arriving at a time of legal uncertainty, this book offers crucial guidance for policymakers and lawyers dealing with the interaction of court litigation and international commercial arbitration in the EU, as well as academics and researchers studying contemporary EU and commercial law.Trade Review’The clear protagonist of this very elegantly written book is the EU sage behind Arts. 1 (2) (d); 73 (2) and Recital 12 Brussels Ibis Regulation. To introduce EU exclusive external competence into the saga is a novelty and an interesting idea that can claim originality. Plus, anti-suit orders issued by arbitration tribunals and anti-arbitration orders get the most intense treatment yet to be found in a monograph.’- Peter Mankowski, Universitat Hamburg, GermanyTable of ContentsContents: Introduction 2. Brexit and the principle of mutual trust in the EU 3. The scope of the arbitration exclusion under the Brussels I Regime 4. Parallel court/arbitration proceedings 5. Recasting the Brussels I Regulation 6. External competence of the EU 7. Regulation (EU) No 1215/2012 (Brussels I Recast) 8. General conclusion Bibliography Index

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Book SynopsisThis thought-provoking book combines analysis of international commercial and investment treaty arbitration to examine how they have been framed by the twin tensions of “in/formalisation” and “glocalisation”. Taking a comparative approach, the book focuses on Australia and Japan in their attempts to become regional hubs for international arbitration and dispute resolution services in the increasingly influential Asia-Pacific context as well as a global context.Interweaving historical, empirical and doctrinal research from over two decades of work in the field, Luke Nottage provides an interdisciplinary perspective on the shifting state of arbitration over this period. Chapters incorporate empirical findings on topics such as case disposition times for arbitration-related court proceedings, media coverage of arbitration and Arb-Med patterns in Japanese arbitrations. The book also makes normative arguments for more concerted bilateral and regional efforts to maintain global approaches and to encourage renewed informalisation in international arbitration.This book will be an invaluable read for both scholars and practitioners of international commercial arbitration and dispute resolution, particularly those in or involved with the Asia-Pacific region. Government policy-makers and investment treaty negotiators will also find its insights useful.Trade Review‘Professor Nottage’s book offers a genuine tour d’horizon, with insights going far beyond the two jurisdictions of Australia and Japan. It provides a fascinating analysis of the development of commercial and investment arbitration over the last two decades.’ -- Journal of Japanese Law‘The book would be useful for readers interested in the history of international commercial arbitration or investor-state arbitration; or for those especially interested in how each of these have played out within either Australia or Japan. Libraries with collections in either of these areas would benefit from this book, especially if they are able to point readers to specific chapters of interest.’ -- Taryn Marks, International Journal of Legal Information‘Anyone who practices international arbitration in the Asia-Pacific region or is a scholar of the field will enjoy this book and find it useful as a resource in the years ahead. For younger practitioners especially, this book will have special value, as it explains the diverse forces that have shaped the legal framework for international arbitration and produced the vibrant market we have today – a market that one could be forgiven for thinking was always there, but which in fact is a relatively new construct.’ -- Sam Luttrell, The Australian Law Journal‘This is a much-awaited book that illuminates international arbitration perspectives, policies, and practices of two major economies in the Asia-Pacific region. Particularly, perhaps reflecting the relative paucity of ISDS cases involving Japanese investors or the Japanese government, there is a general paucity of prior scholarship on Japan’s ISDS approaches, and this book fills this gap. At a time when ISDS is at a crossroads, the author’s acute analysis of state practice and policy formation based on analytical frameworks of “localised globalism” and “in/formalisation” provides invaluable guidance for domestic and international policy-makers, private practitioners, and academics.’ -- Tomoko Ishikawa, Nagoya University, Japan‘Cross-border dispute settlement in the Asia-Pacific has grown increasingly complex and dynamic in recent years. In this book, one of our keenest observers of the region traces evolving developments in Australia and Japan, examining the trajectories of commercial and investor-state arbitration within a common framework. We could have no better guide to the shifts, stops and starts that have characterized this evolving field of law and practice.’ -- - Tom Ginsburg, University of Chicago, US‘This important work by an eminent scholar in the field of international commercial arbitration provides a valuable opportunity to step back from day-to-day events and experiences and view them from the perspective of an analytical framework, enabling important trends, policy issues and principles to be identified. Combining intellectual academic rigour with practical applications and illustrations of the principles discussed, the author draws upon empirical research and established trends to predict likely developments in arbitration in a post-pandemic global economy.’ -- - Wayne Martin AC QC, Francis Burt Chambers and former Chief Justice of Western AustraliaTable of ContentsContents: Preface and acknowledgements 1. In/formalisation and glocalisation tensions in international arbitration PART I INTERNATIONAL COMMERCIAL ARBITRATION IN JAPAN AND AUSTRALIA 2. The vicissitudes of international commercial arbitration and the lex mercatoria : a view from the periphery 3. The procedural lex mercatoria : the past, present and future of international commercial arbitration 4. Japan’s Arbitration Law of 2003: early and recent assessments 5. International commercial arbitration in Australia: what’s new and what’s next? PART II CROSSOVERS FROM INTERNATIONAL COMMERCIAL TO INVESTOR-STATE ARBITRATION 6. In/formalisation and glocalisation of international commercial arbitration and investment treaty arbitration in Asia 7. A weather map for international arbitration: mainly sunny, some cloud, possible thunderstorms 8. Confidentiality versus transparency in international commercial arbitration and investor-state arbitration in Australia and Japan PART III INVESTOR-STATE ARBITRATION AND INTERNATIONAL INVESTMENT TREATIES 9. Throwing the baby out with the bathwater: Australia’s 2011–2013 policy shift against treaty-based investor-state arbitration 10. Investor-state arbitration: why not in the Japan–Australia Free Trade Agreement? 11. Investor-state arbitration policy and practice in Australia 12. Conclusions: beyond the pandemic – towards more global and informal approaches to international arbitration Index

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Book SynopsisIn this series of chapters on contract damages issues, Victor P. Goldberg provides a framework for analyzing the problems that arise when determining damages, and applies it to case law in both the USA and the UK. In analyzing direct damages, the author treats the problem as pricing the option to terminate. This sheds light on the question of the date at which damages should be measured and the role of post-breach information in damage assessment. It shows how the treatment of the so-called lost volume seller in both countries results in the court constructing an absurd contract, setting an option price with perverse characteristics. Goldberg then considers two questions regarding consequential damages--the enforceability of consequential damages exclusion clauses and whether the lost profits claims of new businesses should be rejected. Contracts professors, judges, lawyers and law students will be inspired by this volume to rethink the law of contract damages.Trade Review‘There is much to recommend this book, particularly if you enjoy having long-held assumptions about a case challenged. Goldberg is to be warmly commended for speaking to an audience beyond the US. I hope that he continues to turn his gaze to English case law (and perhaps beyond) and causes us all to rethink some of the assumptions we operate under.’ -- Katy Barnett, Cambridge Law Journal'Professor Goldberg's book provides a wealth of new insights into the English cases on contract damages, through impressively detailed research that includes the unearthing of new materials. Goldberg notes from the outset that he comes to English law ''as an outsider'' and the lens through which he evaluates the cases rests on a premise that many English contract scholars are unlikely to accept. And yet, as a spur to ''rethinking'' contract damages, this approach makes a provocative and valuable contribution, and I learned a lot from reading the book.' --Andrew Summers, London School of Economics, UKTable of ContentsContents: Introduction Part 1. Direct Damages 1. Reckoning Contract Damages: Valuation Of The Contract As An Asset 2. After The Golden Victory: Still Lost at Sea 3. The Lost Volume Seller, US 4. The Lost Volume Seller, UK 5. British Westinghouse and The New Flamenco: Misunderstanding Mitigation 6. The Middleman’s Damages Revisited 7. Contract Damages when there are Sub-Sales, UK 8. Rethinking Jacob and Youngs v. Kent Part 2. Indirect Damages 9. Victoria Laundry’s Dirty Linen 10. Consequential Damages and Exclusion Clauses, US 11. Consequential Damages and Exclusion Clauses, UK 12. The New Business Rule and Compensation for Lost Profits Bibliography Index

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Book SynopsisThis indispensable book offers a concise comparative introduction to international commercial arbitration. With reference to recent case law from leading jurisdictions and up-to-date rules revisions, International Commercial Arbitration provides a comparative analysis of the issues raised in arbitration, from the time of drafting of the arbitration clause to the rendering of the arbitral award and the post-award stage.Combining perspectives from both practice and academia, Franco Ferrari, Friedrich Rosenfeld and Consultant Editor John Fellas examine all the key points of international commercial arbitration. After introductory remarks on the applicable normative framework, the book covers arbitration agreements and their enforcement, the initiation of proceedings and the constitution of the tribunal, the taking of evidence, issues arising in complex arbitrations, as well as the award and the post-award regime.Scholars and students of international commercial arbitration across the globe will find this book invaluable for its comparative analysis. It will also be most useful for arbitration practitioners and judges interested in learning how jurisdictions differ in their approaches to arbitration proceedings.Trade Review‘Anyone interested in arbitration law should acquire this excellent work of reference, which is a valuable and up-to-date contribution to this field that is progressively expanding around the globe.’ -- Yagmur Hortoglu, Rabels Zeitschrift für ausländisches und internationales Privatrecht‘This work is probably one of the most readable and comprehensive texts on international arbitration that I have personally come across. Its coverage is wide-ranging and yet organised in a simple logical manner. The authors have done a marvellous task in distilling complex judicial decisions into bite-size learning points. I commend this work to all students and any practitioner eager to get a strong grasp of the subject before entering the international arbitration arena.’Table of ContentsContents: 1. Introduction to International Commercial Arbitration 2. The recognition of arbitration agreements 3. The principle of competence competence 4. The initiation of arbitration proceedings and the constitution of the arbitral tribunal 5. Procedure 6. Evidence 7. Complex arbitrations involving multiple tiers, contracts and parties 8. The award 9. The set-aside of arbitral awards 10. The New York Convention: introduction, scope, formal requirements, procedure 11. The New York Convention: the duty to recognize and enforce arbitral awards 12. The relevance of the post-award phase in the pre-award phase Index

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Book SynopsisThis indispensable book offers a concise comparative introduction to international commercial arbitration. With reference to recent case law from leading jurisdictions and up-to-date rules revisions, International Commercial Arbitration provides a comparative analysis of the issues raised in arbitration, from the time of drafting of the arbitration clause to the rendering of the arbitral award and the post-award stage.Combining perspectives from both practice and academia, Franco Ferrari, Friedrich Rosenfeld and Consultant Editor John Fellas examine all the key points of international commercial arbitration. After introductory remarks on the applicable normative framework, the book covers arbitration agreements and their enforcement, the initiation of proceedings and the constitution of the tribunal, the taking of evidence, issues arising in complex arbitrations, as well as the award and the post-award regime.Scholars and students of international commercial arbitration across the globe will find this book invaluable for its comparative analysis. It will also be most useful for arbitration practitioners and judges interested in learning how jurisdictions differ in their approaches to arbitration proceedings.Trade Review‘Anyone interested in arbitration law should acquire this excellent work of reference, which is a valuable and up-to-date contribution to this field that is progressively expanding around the globe.’ -- Yagmur Hortoglu, Rabels Zeitschrift für ausländisches und internationales Privatrecht‘This work is probably one of the most readable and comprehensive texts on international arbitration that I have personally come across. Its coverage is wide-ranging and yet organised in a simple logical manner. The authors have done a marvellous task in distilling complex judicial decisions into bite-size learning points. I commend this work to all students and any practitioner eager to get a strong grasp of the subject before entering the international arbitration arena.’Table of ContentsContents: 1. Introduction to International Commercial Arbitration 2. The recognition of arbitration agreements 3. The principle of competence competence 4. The initiation of arbitration proceedings and the constitution of the arbitral tribunal 5. Procedure 6. Evidence 7. Complex arbitrations involving multiple tiers, contracts and parties 8. The award 9. The set-aside of arbitral awards 10. The New York Convention: introduction, scope, formal requirements, procedure 11. The New York Convention: the duty to recognize and enforce arbitral awards 12. The relevance of the post-award phase in the pre-award phase Index

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Book SynopsisThis introductory-level textbook provides a clear and concise overview of commercial law for undergraduate law students. Covering all the key areas of law that may be included in a commercial law module, including agency, sale of goods, bailments, carriage of goods, commercial financing, and conflict of laws, it also introduces relevant elements of related fields such as banking and insolvency law and touches on emerging issues such as cryptocurrencies.Key Features: Accessible and conversational prose A tight focus on core knowledge with manageable levels of detail Important concepts, cases and legislation are highlighted for ease of reference Student-friendly layout with key lessons and learning objectives clearly identified Principles of Commercial Law is perfectly suited to law students studying undergraduate commercial law modules in their second or third years. It will also be beneficial as an accessible introductory text on higher level courses for students who are newer to the topic. Trade Review‘This book is very thoroughly researched, well-organised, and eminently readable. It is written in a style informed by the needs of a typical higher education student and contains a remarkable breadth of topics commonly featured on the syllabuses of undergraduate and postgraduate modules involving key aspects of the law, principles and practice relating to commercial transactions.’ -- Ebenezer Adodo, University of Leicester, UKTable of ContentsContents: Legal tables 1. Introduction to commercial law 2. Introduction to agency 3. Agency: duties of agent and principal 4. Sale of goods I: definitions and sources of law 5. Sale of goods II: duties of the parties 6. Sales III: passing of property 7. Sales IV: remedies 8. Introduction to bailments 9. Bailments II: actions and remedies 10. Overview of commercial financing 11. Sources of finance in commercial transactions I: basic terminology; equity finance 12. Sources of finance in commercial transactions II: debt finance 13. Sources of finance in commercial transactions III: security in commercial transactions 14. Money and documentary payments in domestic commercial transactions 15. Insolvency: effect on commercial transactions 16. Carriage of goods by sea I: sea carriage contracts 17. Carriage of goods by sea II: the Hague–Visby Rules 18. Conflict of laws I: jurisdiction and judgments 19. Conflict of laws II: choice of law 20, Introduction to banking law 21. The banker–customer relationship 22. Cryptocurrencies, bitcoin and cryptoassets Index

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Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business, and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. Providing a comprehensive overview of the body of law that regulates the insurance business, this Advanced Introduction evaluates the governing principles, policies, values, and purposes of insurance legislation and related judicial doctrines. It examines the ways in which the industry’s origins help us understand its present shape, and how insurance connects to major public policy issues that will shape the world for future generations. Key Features: Introduces the fundamental rules and principles of insurance law Explores how these rules and principles intersect with important issues of public policy Discusses how insurance law shapes public choices in the modern world Examines the interactions between insurers and the people who purchase their products Proposes avenues for further research relating to fortuity, indemnity, misrepresentation and breach of warranty, settlement obligations, and risk classification Providing an enlightening overview of insurance law in context, this Advanced Introduction will be crucial reading for students, scholars, and practitioners in business law, insurance law, and risk management.Trade Review‘Bob Jerry has done a remarkable job of covering a lot of ground in a short book. The Advanced Introduction lives up to its name, providing lawyers, judges and law students a high-level, sophisticated view of an enormously complex field of law.’ -- Tom Baker, University of Pennsylvania, Carey Law School, US‘Professor Jerry has written a succinct tour de force of insurance principles, doctrine, and policy that in addition to providing a roadmap for students is also a ready reference for insurance -- scholars.’– Jeffrey W. Stempel, University of Nevada, Las Vegas, US‘This book is a gem. Only an expert like its author can give such a brief and, at the same time, in-depth study of the legal and business sides of insurance. No previous knowledge is required, as the exposition is very clear and full of examples from everyday life.’ -- María Luisa Muñoz Paredes, University of Oviedo, Spain‘Dean Robert Jerry’s Advanced Introduction to Insurance Law is that rare compilation that respects its readers. For the novice, the book deals with a complex subject in an accessible and unpatronizing way; for the expert, the book is a valuable overview. Jerry’s ambitious goal of “seek[ing] to preserve the value of brevity while engaging the complexities [of insurance] . . . .” is easily met. This is a must read.’ -- Leo P. Martinez, University of California, USTable of ContentsContents: Preface 1. Introduction 2. The purpose, meaning, and roles of insurance 3. Conceptualizing insurance 4. The nature of the insurance business 5. The nature of insurance law and regulation 6. Elements of an insurance contract 7. Fundamental assumptions of insurance (and their limits) 8. Insurance as agreement: the influence of contract law 9. Scope of coverage: the boundaries of the insurer’s obligation 10. Liability insurance: indemnity, defense, and settlement obligations 11. Challenges in a changing world: why insurance matters (reprise) Index

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Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business, and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. Providing a comprehensive overview of the body of law that regulates the insurance business, this Advanced Introduction evaluates the governing principles, policies, values, and purposes of insurance legislation and related judicial doctrines. It examines the ways in which the industry’s origins help us understand its present shape, and how insurance connects to major public policy issues that will shape the world for future generations. Key Features: Introduces the fundamental rules and principles of insurance law Explores how these rules and principles intersect with important issues of public policy Discusses how insurance law shapes public choices in the modern world Examines the interactions between insurers and the people who purchase their products Proposes avenues for further research relating to fortuity, indemnity, misrepresentation and breach of warranty, settlement obligations, and risk classification Providing an enlightening overview of insurance law in context, this Advanced Introduction will be crucial reading for students, scholars, and practitioners in business law, insurance law, and risk management.Trade Review‘Bob Jerry has done a remarkable job of covering a lot of ground in a short book. The Advanced Introduction lives up to its name, providing lawyers, judges and law students a high-level, sophisticated view of an enormously complex field of law.’ -- Tom Baker, University of Pennsylvania, Carey Law School, US‘Professor Jerry has written a succinct tour de force of insurance principles, doctrine, and policy that in addition to providing a roadmap for students is also a ready reference for insurance -- scholars.’– Jeffrey W. Stempel, University of Nevada, Las Vegas, US‘This book is a gem. Only an expert like its author can give such a brief and, at the same time, in-depth study of the legal and business sides of insurance. No previous knowledge is required, as the exposition is very clear and full of examples from everyday life.’ -- María Luisa Muñoz Paredes, University of Oviedo, Spain‘Dean Robert Jerry’s Advanced Introduction to Insurance Law is that rare compilation that respects its readers. For the novice, the book deals with a complex subject in an accessible and unpatronizing way; for the expert, the book is a valuable overview. Jerry’s ambitious goal of “seek[ing] to preserve the value of brevity while engaging the complexities [of insurance] . . . .” is easily met. This is a must read.’ -- Leo P. Martinez, University of California, USTable of ContentsContents: Preface 1. Introduction 2. The purpose, meaning, and roles of insurance 3. Conceptualizing insurance 4. The nature of the insurance business 5. The nature of insurance law and regulation 6. Elements of an insurance contract 7. Fundamental assumptions of insurance (and their limits) 8. Insurance as agreement: the influence of contract law 9. Scope of coverage: the boundaries of the insurer’s obligation 10. Liability insurance: indemnity, defense, and settlement obligations 11. Challenges in a changing world: why insurance matters (reprise) Index

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