Commercial law Books

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 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 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 comprehensive book provides a clear analysis of the main features of the European Insolvency Regulation 2015/848, within the context of previous EU initiatives, as well as addressing the contrasting objectives of universalism and territorialism which underpin cross border insolvency law. It measures the EU regulations against the UNCITRAL Model Law on Cross Border Insolvency and compares this with how the Model Law has been implemented elsewhere, such as in the US and the UK.Taking an accessible approach, Gerard McCormack examines key aspects of the regulations such as the opening of main and secondary insolvency proceedings, as well as applicable law and special rules in respect of security rights, rights in rem, transactional avoidance and set-off rights. Chapters also cover recognition of the opening of insolvency proceedings and of insolvency and related judgements, interactions between mean and secondary proceedings, the role of insolvency practitioners and courts, and the treatment of creditors.EU Insolvency Law will be critical reading for lawyers working in insolvency law, as well as other insolvency practitioners such as accountants. It will also be of interest to academics and students in the field, as well as policy makers in the EU and elsewhere, including national officials.Trade Review‘Professor McCormack’s works are essential for anyone interested in insolvency law, in particular in its international and comparative dimension. With his usual expertise, this time he offers us a new and insightful approach to the European Insolvency Regulation. Undoubtedly, a reference book of compulsory reading for lawyers, judges and academics.’ -- Francisco Garcimartín, Universidad Autónoma de Madrid, SpainTable of ContentsContents: Preface 1. The EU Insolvency Regulation: cross-border recognition and enforcement across Europe 2. Main insolvency proceedings 3. Secondary and territorial proceedings 4. Insolvency-related Actions 5. Applicable law – the general rule 6. Applicable law 2: special cases and exceptions 7. Courts, insolvency practitioners, creditors and groups of companies 8. Recognition and enforcement of insolvency proceedings and insolvency-related judgments 9. UNCITRAL Model Law on Cross-Border Insolvency compared with the European Insolvency Regulation 10. Public policy and the enhanced Model Law regime Index

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Book SynopsisContract Modifications in EU Procurement Law provides readers with a comprehensive overview of the process of contract modification under European Union (EU) procurement law. The book examines the origin of the regulations pertaining to modifications, the legal grounds for modification and limitations under current rules. In addition, the book outlines the legal effects of carrying out a modification breach under EU law.Key features include: analysis of the criteria which must be met under the EU Public Procurement Directive (2014/24/EU) to ensure a modification is compliant with EU law fresh examination of the EU Court of Justice's decisions in cases relating to contract modifications and Directive 2014/24/EU more widely consideration of contract modifications both from practical and theoretical perspectives. This authoritative book will be a valuable resource for professionals in both the public and private sectors when establishing whether a given modification can be made in practice. It will also serve as an excellent source of knowledge about the modification of a contract in the EU for academics in the areas of commercial and EU law.Trade Review‘Public procurement scholars, with few exceptions, have always been a little scared to address what happens after adjudication, because it seems just an appendix of the core questions related to the procurement procedure. Now, finally, Bogdanowicz’s book gives for the first time a complete, analytical and comprehensive account of such issue, of vital importance in real life. The Author combines his skills as lawyer and academic, offering an original approach which will become a point of reference in contemporary debate.’ -- Mario Comba, University of Turin, Italy'EU public procurement law was traditionally concerned with the award phase. The 2014 Directives brought new EU rules on contract implementation. Piotr Bogdanowicz leads us on the other side of the moon, shedding light on the new rules on contract modifications. This is the first full monograph dedicated to this topic in all its aspects, including remedies. It will not just set the tone for future developments, but will help all procurement professionals to navigate a very new and complex area of the law.' -- Roberto Caranta, University of Turin, Italy'Despite their consolidation in Directive 2014/24/EU; the EU rules on the modification of public contracts continue to pose a wide array of normative and practical difficulties. In this book, Piotr Bogdanowicz systematically and carefully identifies all issues arising from the current rules and proposes functional and smart ways of working around them. This book not only moves the academic discussion forward, but also provides an invaluable resource for practitioners dealing with the modification of public contracts on a day-to-day basis.' -- Albert Sanchez-Graells, University of Bristol, UKTable of ContentsContents Introduction 1. Contract in European Union public procurement law 2. Modification of a contract in the case-law of the Court of Justice of the European Union 3. Contract modification in Directive 2014/24/EU 4. Modification of a contract which is not covered or is only partially covered by the public procurement directives 5. Legal effects of an impermissible modification Conclusions 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 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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Book SynopsisThis innovative and original book explores the relationship between blockchain and antitrust, highlighting the mutual benefits that stem from cooperation between the two and providing a unique perspective on how law and technology could cooperate. Delivering a legal, economic, and technical analysis of antitrust and blockchain, Thibault Schrepel provides a well-rounded examination of their mutual flaws and the limitations that occur when they ignore each other. He explores the anticompetitive practices that may arise in the field as well as covering enforcement issues before showcasing the potential of blockchain and antitrust to complement one another. He offers different ways of creating effective regulations and enforcement mechanisms for the purpose of benefiting their common interests.Covering key topics such as decentralization, blockchain evolution, and the objectives of competition law, this book will be of particular interest to academics and students researching at the intersection of law and technology. It will also be useful for legal practitioners interested in blockchain, as well as antitrust agencies and policy-makers.Trade Review'A real masterpiece, brilliantly pressing for a change that is necessary and feasible.' -- Lawrence Lessig, Harvard Law School, US‘As our world becomes increasing digital, both law and code become central to management of rights and access to justice. The two modes of management are often seen as being in conflict, but increasingly far-sighted scholars like Prof. Schrepel are seeing that there are opportunities for synergy. This book is a clear step forward in building a system of digital law that works, and a must-read for those concerned about our digital future.’ -- ­– Alex ‘Sandy’ Pentland, Massachusetts Institute of Technology, US‘From Code of Hammurabi (1754 BC) to the Internet of Things and Artificial Intelligence this book links a deep understanding of law and technology, Blockchain and Antitrust. It offers a highly appreciated contribution to the Blockchain debate and practical use cases, which are very much needed in often theoretical discussions.’ -- Theodor Thanner, President of the Austrian Federal Competition Authority, Austria‘Grounded in Schrepel's solid understanding of the law and technology debate, this book offers a unique framework and important guide for thinking through the many ways in which Antitrust law and Blockchain technologies can be complementary and create efficiencies from collaboration.’ -- Roland Vogl, CodeX - The Stanford Center for Legal Informatics, US‘Packed with stimulating suggestions and insights, this is the first book exploring the role of competition law in regulating blockchain. Thibault Schrepel skillfully blends an accessible examination of the technology at play with a discussion about how competition law should be applied to both control and support its development.’ -- Giorgio Monti, Tilburg University, the Netherlands‘Traditional financial payment systems run by banks or by tech companies such as PayPal have natural network effects, and are held to be open to some degree of monopoly. Blockchain systems, because they are highly distributed and transparent, are often said to be free of such tendencies. Thibault Schrepel argues this isn’t true: blockchains may foster anticompetitive practices in many ways. As our economic world moves increasingly into cryptocurrencies and blockchain transactions, Schrepel’s analysis and suggested remedies are both timely and important.’ -- W. Brian Arthur, Santa Fe Institute, US‘Data and Antitrust have become a hot button issue. However, as of yet there is little legal scholarly writing on the topic of how blockchain with its promise of data integrity will change this debate. This book tries to do precisely that, and is an incredibly useful read for any legal scholar interested in the digital space.’ -- Catherine Tucker, Massachusetts Institute of Technology, US‘Thibault Schrepel’s Blockchain + Antitrust: the Decentralization Formula, is an eminently readable and satisfying examination of the history, technology, and incipient law of Blockchain – from its historical roots in a libertarian search for order, to its complex and often misunderstood internal workings, and finally to the abundant legal concerns that might loom in the future. This book is particularly helpful for someone who needs to be guided through Blockchain’s most important technical and operational elements.’ -- Herbert Hovenkamp, University of Pennsylvania Law School and the Wharton School, US‘By reducing transaction costs and facilitating trust among parties to transactions, blockchains reduce the need for centralized legal structures in economic activity. They also make transactions less transparent to regulators and can be used to harbor anticompetitive practices. Hence they contribute to deconcentrating economic structures and, simultaneously, raise challenges for competition law enforcement. However, competition authorities can also benefit from the blockchain technology in their enforcement activity. Thibault Schrepel in this path-breaking book explores the evolving complex relationship between blockchain and antitrust and the ways they can benefit from one another. This forward-looking and fascinating analysis is a must read for anyone interested in one of the most important technological development of our time.’ -- Frederic Jenny, OECD Competition Committee, France‘More than any other field of business law, antitrust has much in common with emerging blockchain technologies. Dr. Schrepel has been at the forefront of research in the relationship between these two fields. His hopeful approach, as discussed in this book, towards a mutually beneficial relationship between antitrust law amd blockchain technology will help ensure maximal realization of the efficiency-enhancing promise of blockchain – namely, lowering the costs of networking and increasing transparency. Moreover, this book does an excellent job of discussing both the procompetitive (favored by the antitrust laws) attributes of blockchain and its ability to facilitate anticompetitive harm (outlawed by the antitrust laws), and showing how the law and the emerging technology can live in harmony to the benefit of consumers. I was proud, as head of the DOJ Antitrust Division, to have the Division join Dr. Schrepel’s academic project on this topic and look forward to his continued contributions to this important emerging field.’ -- Makan Delrahim, Department of Justice Antitrust Division, US‘This book is the first of its kind. Schrepel’s work will no doubt appeal to antitrusters looking for a didactic introduction to the blockchain. It will also be of more general interest to any reader with a concern for the future of law and public policy in a technology-driven world. A must-read.’ -- Nicolas Petit, European University Institute, Italy‘Blockchain technology has been offered as a solution to any number of problems, and sometimes – to its detriment – as a panacea. Here, Schrepel follows the thread of decentralization to explore this technology alongside the goals of antitrust law. It's a worthy provocation, even as blockchains’ value, and future, are hotly contested.’ -- Jonathan Zittrain, Harvard University, USTable of ContentsContents: Preface Introduction: the decentralization PART 1 A COMMON AMBITION 1. Blockchain: from ideology to implementation 2. Blockchain’s toolbox 3. Blockchain and Darwin 4. Decentralization? 5. Comes antitrust: the paradox PART 2 BEST FRENEMIES? 6. The theory of the firm 7. The theory of granularity 8. Collusion on blockchain 9. Collusion using blockchain 10. Blockchain power 11. Blockchain and monopolization 12. Blockchain and merger control PART 3 ALLIES 13. Law + technology 14. Running the formula 15. Blockchain’s future Index

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Book SynopsisIn light of the significant transformations affecting international tax in recent years, this book provides an in-depth assessment of the key issues impacting the taxation of cross-border transactions.Craig Elliffe brings together a wealth of acclaimed legal academics to consider how the Inclusive Framework (IF) is responding to the ways in which highly digitalised businesses operate. International Tax at the Crossroads examines the overarching aspects of international tax reform, evaluates the IF’s proposed multilateral tax reforms and outlines the alternative unilateral options available and their subsequent legal consequences. Chapters analyse whether proposed tax reforms are stable, who should be involved in formulating international tax policy, who is influencing international tax policy, and the options and issues which arise in the event that multilateral compromise does not work.This insightful book will prove an essential read for students, academics and researchers interested in domestic and international tax law, commercial law and fiscal policy. It will also be of benefit to advisors, administrators, practitioners and officials working in the financial sector.Table of ContentsContents: Preface ix Introduction: standing at the crossroads 1 Craig Elliffe and Matt Andrew 1 Robustness and resilience in international tax reform 21 Wolfgang Schön 2 The reform of the institutional structure of international taxation 49 Philip Baker KC 3 Unilateralism and multilateralism in international tax 71 Reuven Avi-Yonah 4 Stability of the international tax system in a changing world 95 Victoria Plekhanova and Chris Noonan 5 Tax states, jurisdiction and the multilateral reality 115 Miranda Stewart 6 The impact of the global minimum tax on tax competition 142 Michael Devereux and John Vella 7 Is the shift to taxation at the point of destination inexorable? 167 Matt Andrew and Richard Collier 8 Multilateral tax reform 194 Michael Littlewood 9 Arbitration of tax disputes after the BEPS Two Pillar Solution 222 Chris Noonan and Victoria Plekhanova 10 The Canadian Digital Services Tax 246 Wei Cui 11 Legal problems with digital taxes in the United States and Europe 266 Ruth Mason 12 Data as a tax base 288 Alison Pavlovich

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Book SynopsisEncapsulating the multitude of challenges faced by the international corporate tax regime, this timely Research Handbook provides an in-depth comparative legal analysis of corporate income tax as it is practiced across the world.Beginning with four foundational chapters exploring the purpose and history of corporate tax, the Handbook goes on to provide a synthesis of the key issues in corporate taxation within the US regime, addressing some of the cutting-edge normative issues in designing a corporate tax. It then proceeds to set this against the experience in the EU and eleven other countries including the UK, Canada, China, Japan, India, Brazil and New Zealand. A further section on corporate tax planning includes careful analysis of such issues as corporate tax shelters, economic substance, social responsibility and governance, before final, horizon-scanning chapters consider the future of corporate tax and whether a new form of corporate tax might be possible.With a variety of paths to reform proposed throughout, this Research Handbook will prove an invigorating read for tax scholars working on taxation and tax law as well as for tax practitioners and those in fiscal policy seeking ways to improve, or navigate, the current state of affairs in international corporate tax law.Trade Review‘At a time when countries are undertaking an unprecedented project to shore up corporate taxation, this essential resource takes a step back, exploring both the theory and practice of corporate taxation. In it, leading academics from around the world delve into the history and policy justifications for corporate tax, the impact of corporate taxation, the use of corporations to shelter income and avoid tax, and detailed studies of corporate taxes in a dozen different countries.’ -- Ruth Mason, University of Virginia School of Law, US‘At a time when countries are undertaking an unprecedented project to shore up corporate taxation, this essential resource takes a step back, exploring both the theory and practice of corporate taxation. In it, leading academics from around the world delve into the history and policy justifications for corporate tax, the impact of corporate taxation, the use of corporations to shelter income and avoid tax, and detailed studies of corporate taxes in a dozen different countries.’ -- Ruth Mason, University of Virginia School of Law, US‘Reuven Avi-Yonah brought together leading scholars from all over the world to contribute to this Research Handbook. This book provides for a highly interesting analysis of US corporate taxation as well as about the corporate tax systems of 12 other jurisdictions, including the EU. A Must for every internationally oriented scholar and practitioner!’ -- Michael Lang, Vienna University of Economics and Business, AustriaTable of ContentsContents: PART I FOUNDATIONS 1 Introduction to the Research Handbook on Corporate Taxation 2 Reuven S. Avi-Yonah 2 Why tax corporations? 4 Yariv Brauner 3 The history of the corporate tax 22 Steven Bank 4 The incidence of the corporate tax 38 Eric Toder PART II CORPORATE OPERATIONS 5 Corporate/shareholder tax integration 57 George K. Yin 6 Tax aspects of incorporations 72 Gregg Polsky 7 Tax aspects of corporate mergers and acquisitions 83 Heather Field 8 International aspects of US corporate taxation 112 J. Clifton Fleming, Jr. PART III COMPARATIVE CORPORATE TAXATION 9 Corporate taxation in the EU 130 Christiana HJI Panayi 10 Corporate taxation in the UK 151 Michael McGowan 11 Corporate taxation in Germany 169 Joachim Englisch 12 Corporate taxation in France 195 Marilyne Sadowsky 13 Corporate taxation in Italy 209 Carlo Garbarino 14 Corporate taxation in Canada 226 Scott Wilkie 15 Corporate taxation in Turkey 252 Funda Başaran Yavaşlar 16 Corporate taxation in New Zealand 273 Craig Elliffe 17 Corporate taxation in Japan 290 Yoshihiro Masui 18 Corporate taxation in China 304 Wei Cui 19 Corporate taxation in India 321 Arvind P. Datar 20 Corporate taxation in Brazil 331 Luís Eduardo Schoueri and Guilherme Galdino PART IV CORPORATE TAX PLANNING 21 Corporate tax shelters 350 Joshua Blank and Ari Glogower 22 Economic substance 369 Amandeep S. Grewal 23 Corporate tax and corporate social responsibility 379 Peter Barnes 24 Executive compensation and corporate governance 394 Michael Doran PART V CONCLUSION 25 The future of the corporate tax 412 Daniel Shaviro 26 A new corporate tax? 437 Reuven S. Avi-Yonah Bibliography 447 Index

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Book SynopsisExecutory Contracts in Insolvency Law offers a unique and wide-ranging transnational study of the treatment of ongoing contracts when one of the parties becomes insolvent. This second edition not only updates existing material, but also extends the analysis to key developing economies and restructuring hubs. Written by experts with extensive practical and scholarly knowledge in the field, this is a cutting-edge investigation into the philosophies and rationales behind the different policy choices adopted by more than 30 jurisdictions across the globe.Key Features: Contributions from more than 40 insolvency law experts Exploration of ipso facto clauses and procedural issues Consideration of the economic impact of the COVID-19 pandemic Targeted footnote references, including non-English sources, for further reading Rigorous coverage of recent developments and reforms and discussion of the procedural challenges they present Incisive analysis of insolvency law in a broad range of countries, including those with emerging economies and with hybrid systems of law Substantially revised material, including wholly rewritten chapters on Germany and Singapore and a brand new chapter on South Korea Providing a globalised and comparative perspective on executory contracts in insolvency law, this book will be an invaluable tool for legal practitioners requiring a cross-border perspective on the subject as well as academics and researchers in the field. Policy makers and institutions seeking to introduce insolvency law reforms in their home countries can draw from the comparative nature of the book to devise better, more effective reforms.Trade Review‘The treatment of executory contracts in insolvency differs significantly across jurisdictions. Therefore, getting a comprehensive understanding of the different approaches existing around the world is not an easy task. Fortunately for the insolvency community, Professor Jason Chuah and Dr Eugenio Vaccari have helped us navigate that challenge by leading this excellent book that is expected to become an essential reading for practitioners, academics, judges and policy makers.’ -- Aurelio Gurrea-Martínez, Singapore Management University, SingaporeTable of ContentsContents: Preface xxxiv Table of cases xxxvi Table of legislation xxxvii 1 A thematic and comparative evaluation of executory contracts and ipso facto clauses 1 Jason Chuah PART I COMMON LAW SYSTEMS 2 Executory contracts in insolvency: The Australian perspective 30 Elizabeth Streten 3 Executory contracts in insolvency: The Bangladeshi Perspective 51 Morshed Mannan, Muhammad Mahbubur Rahman and Borhan Uddin Khan 4 Executory contracts in insolvency: The English Perspective 66 Eugenio Vaccari 5 Executory contracts in insolvency: The Indian perspective 89 Indrajit Dube 6 Executory contracts in insolvency: The New Zealand perspective 103 Scott Abel 7 Executory contracts in insolvency: The Singaporean Perspective 119 Lee Zheng Hui Sean 8 Executory contracts in insolvency: The US perspective 142 Roberta Righi and Jessica Winters PART II NORDIC/BALTIC SYSTEMS 9 Executory contracts in insolvency: The Danish perspective 161 Line Herman Langkjaer 10 Executory contracts in insolvency: The Finnish perspective 178 Jarmo Tuomist 11 Executory contracts in insolvency: The Lithuanian perspective 193 Frank Heemann and Andrius Juškys PART III CIVIL LAW SYSTEMS 12 Executory contracts in insolvency: The Albanian perspective 213 Gelanda Shkurtaj 13 Executory contracts in insolvency: The Argentinian perspective 228 H.ctor Jos. Miguens 14 Executory contracts in insolvency: The Austrian perspective 247 Felix Kernbichler 15 Executory contracts in insolvency: The Chinese perspective 265 Yingxiang Long and Rebecca Parry 16 Executory contracts in insolvency: The Croatian perspective 284 Jasnica Garašić and Siniša Petrović 17 Executory contracts in insolvency: The French perspective 310 Emilie Ghio 18 Executory contracts in insolvency: The German perspective 328 David Christoph Ehmke and Annika Wolf 19 Executory contracts in insolvency: The Greek perspective 348 Loukas Panetsos 20 Executory contracts in insolvency: The Italian perspective 363 Rolandino Guidotti 21 Executory contracts in insolvency: The Japanese perspective 385 Chun Jin and Stacey Steele 22 Executory contracts in insolvency: The Dutch perspective 402 Marco Verdonk and Rolef de Weijs 23 Executory contracts in insolvency: The Panamanian perspective 422 Jos. Maria Lezcano Navarro 24 Executory contracts in insolvency: The Russian perspective 440 Dmitry Konstantinov 25 Executory contracts in insolvency: The Slovenian perspective 455 Katja Zdolšek 26 Executory contracts in insolvency: The South Korean perspective 471 Chiyong Rim 27 Executory contracts in insolvency: The Spanish perspective 491 Jos. Carles and Carlos Cuesta 28 Executory contracts in insolvency: The Turkish perspective 508 Çağlar Kaçar PART IV HYBRID OR MIXED SYSTEMS 29 Executory contracts in insolvency: The Canadian perspective 522 Alfonso Nocilla 30 Executory contracts in insolvency: The South African perspective 538 Clement Marumoagae 31 Executory contracts in insolvency: The United Arab Emirates and its free zones 557 Christian Chamorro-Courtland

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Book SynopsisThis informative and accessible book reviews the core concepts of contract law and theory from an Anglo-American perspective. Larry A. DiMatteo deftly analyses the key principles, rules and frameworks which have shaped Anglo-American contract law, as well as highlighting important legislative acts that have changed and modernised its development.There is a strong commonality across Anglo-American common law systems; however, there have been several critical fissures that have developed between American and English common law over the past fifty years. DiMatteo adopts a multidisciplinary approach, lucidly explaining these differences from both a theoretical and a practical perspective, using empirical evidence from case studies to support this research. The areas of divergence discussed include the duty of good faith, principle of unconscionability, promissory estoppel, contextual interpretation, and hardship. Introducing key contract law cases, this book will be an essential read for law students and scholars working in the field of commercial law, particularly those with an interest in the theoretical framework and historical context of modern contract law. Trade Review‘The book explores both the English and American common law of contracts, as well as examining the substance and theories of contract law, wonderfully drawing from American and English case law and scholarship. Its narrative of the broad principles of contract law and theory is intermixed with deeper analyses of specific areas of contract law. Professor DiMatteo is not only a world renowned expert on contract law but is also an extraordinary teacher and scholar who admirably covers the book’s broad subject matter. The book will be of great interest to students, scholars, and practitioners in common law and civil law countries!’ -- David P. Twomey, Boston College, US‘Alongside an engaging account of the evolution of Anglo-American contract law – an account rich with doctrinal detail and theory – Larry A. DiMatteo's commentary invites reflection on the flexibility of general legal principles when transactional practices are disrupted. This is a book not only for contract lawyers but also for our technological times.’ -- Roger Brownsword, King's College London and Bournemouth University, UKTable of ContentsContents: Preface PART I FOUNDATIONS 1 Introduction to contract law and theory 2 Contract law across legal traditions 3 Tensions and norms of contract law PART II FORM AND SUBSTANCE 4 Contract and formality 5 Substance of contract law: agreement 6 Substance of contract law: remedies, excuse, and privity 7 Contracts’ regulatory function 8 Contract interpretation PART III CONTRACT TERMS 9 Contract terms and standard form contracting PART IV CONTRACT THEORIES 10 Legal history and theories of legal development 11 Classical contract theory 12 Reliance theory, estoppel, fault, and precontractual liability 13 Theories of contract law 14 Critical theory PART V CONTRACT LAW IN ACTION 15 Law in books and law in action Bibliography Index

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Book SynopsisThis timely book analyses the most significant contemporary developments and trends in property law, including the concept of property rights, the role of property law and property rights in society, and the values they enhance. It examines the effect of property rights on social, economic and cultural development and vice versa, considering the impact of phenomena such as technological innovation, digitalisation and blockchain technology, changes in social and economic organisation and globalisation.Featuring contributions from top international scholars in the field, chapters explain the variety of property rights found in most legal systems and how these develop in relation to social needs and available resources. The book discusses the current transition of property from mainly physical objects to intangible values in the form of, for example, intellectual property rights, and the impacts this is having on the law, democracy and free speech. Other prominent issues tackled by the book include the organisation of registries for property rights, models for managing public property and the influence of new property forms on family and inheritance law.An essential read for scholars and students of property law, including intellectual property, the book will also be of interest to those working in family law, law and technology and commercial law whose research intersects with property rights.Trade Review‘Where is property headed, as a concept and an institution? The Changing Role of Property Law offers a wealth of illuminating perspectives on property’s trajectory, from historical evolutions to new innovations. This fascinating book reveals the complex dynamism at the heart of a field often typecast as inertial.’ -- Lee Fennell, University of Chicago Law School, USTable of ContentsContents: The changing role of property rights: an introduction 1 Ernst Nordtveit 1 The plasticity of property: legal transitions between property rights regimes for different resources 14 Richard A. Epstein 2 The persistence of colonial property rights to land, economic implications and institutional efficiency 54 Eric C. Edwards, Martin Fiszbein and Gary D. Libecap 3 The role of innovation in the globalization of property law 81 Amnon Lehavi 4 Mediated property: money, corporate shares, and property analogues 103 Erich Schanze 5 Because property became contract: understanding the American nonprobate revolution 115 John H. Langbein 6 Digital ownership of blockchain tokens: a comparative law guideline 130 Sebastian Omlor 7 Intellectual property and the concept of property rights 149 Ole-Andreas Rognstad 8 Intellectual property rights and democracy 161 Eva Inés Obergfell and Katharina Theresia Fink 9 Property in families and the inheritance context 186 Anatol Dutta 10 The organization of public registries: a comparative analysis 199 Benito Arruñada 11 (De-)constructing mortgages: reflections on accessoriness, properties of good mortgages and the development of new mortgage legislation for transition economies or even a future Euro-mortgage (‘Eurohypothec’) 221 Hans Fredrik Marthinussen 12 Ancillary rights: servitudes 263 Roderick RM Paisley 13 Public property, economic efficiency and fair competition: a French and EU law paradoxical perspective 281 Bertrand du Marais Index

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Book SynopsisThis must-have book is a comprehensive yet accessible guide to copyright and related rights in the music industry. It provides clear and concise instruction on how copyright works in practice and how it applies to music specifically, as well as covering how to manage, utilise and enforce copyright, what infringement looks like and how to avoid it. The book illustrates this with relevant cases and real world examples, including practical, step-by-step guidance for stakeholders of all types. It also signposts the future of copyright in the music industry through an examination of new technologies such as artificial intelligence and blockchain.Key features include: An engaging and approachable writing style A practical orientation for those in the industry and their advisors The impact of social media on copyright infringement, management and remedies Accessible explanations of key concepts in copyright and related rights, as well as commonly misunderstood topics such as sampling and fair use. Musicians, producers, copyright holders and others working in the music industry will find this an indispensable and easy-to-use resource for navigating all aspects of music copyright. It will also be of interest to academics and students of copyright law for its discussion of contemporary issues such as technology and enforcement.Trade Review‘Bosher adopts an easy-to-follow approach for the reader, when she identifies eight myths about copyright. Busting the myths approach is just one of the many strengths of Copyright in the Music Industry. The tone of the book remains easily accessible and understandable throughout, and legal concepts are clearly explained.’ -- Metka Potočnik, Wolverhampton Law Journal‘An accessible primer on ever-evolving issues of copyright in the music industry from a rising scholar.’ -- Jonathan Zittrain, Harvard Law School, US‘Hayleigh Bosher’s new book is a wonderful addition to the library of any professional working in or having to deal with the copyright field and the legal issues it presents. The clear and user-friendly tone makes the book accessible to professionals from all backgrounds without distracting from the technical and intellectual rigour and depth of research. In sum, Copyright in the Music Industry is a must-read for all those working at the crossroads of these two worlds.’ -- Eleonora Rosati, Stockholm University, Sweden and Bird & Bird, Milan, Italy'Dr Hayleigh Bosher has done the impossible: write a book on copyright in the music industry that is both practical and readable. As a life-long musician and copyright lawyer for 38 years, this accomplishment cannot be overstated. I expect that the principal audience -- as it should be -- will be musicians themselves. For them, the book will provide all the background and details necessary to use the law in a way that we all want -- to protect and further creativity. Brava.' -- - Bill Patry, Senior Copyright Counsel, Google Inc., USTable of ContentsContent: Foreword I David Martin Foreword II Andrea Martin Foreword III Scott Farrant Preface Key terms Copyright in the Music Industry playlist PART I MUSIC AND COPYRIGHT 1. Why copyright matters in music 2. What is copyright? 3. Copyright in a song 4. What copyright gives you 5. What copyright does not give you PART II MANAGING MUSIC COPYRIGHT 6. Who owns the copyright? 7. Roles and relationships 8. Contracts 9. Licensing 10. Social media PART III INFRINGEMENT 11. What is copyright infringement? 12. Who copied my song? 13. Inspiration or infringement 14. Sampling 15. Counterfeit goods PART IV ENFORCEMENT 16. Starting a copyright infringement claim 17. Where to make a claim 18. Evidence and musicology reports 19. Remedies 20. Online enforcement PART V LOOKING TO THE FUTURE 21. Artificial intelligence and music 22. Blockchain in the music industry Index

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Book SynopsisThis must-have book is a comprehensive yet accessible guide to copyright and related rights in the music industry. It provides clear and concise instruction on how copyright works in practice and how it applies to music specifically, as well as covering how to manage, utilise and enforce copyright, what infringement looks like and how to avoid it. The book illustrates this with relevant cases and real world examples, including practical, step-by-step guidance for stakeholders of all types. It also signposts the future of copyright in the music industry through an examination of new technologies such as artificial intelligence and blockchain.Key features include: An engaging and approachable writing style A practical orientation for those in the industry and their advisors The impact of social media on copyright infringement, management and remedies Accessible explanations of key concepts in copyright and related rights, as well as commonly misunderstood topics such as sampling and fair use. Musicians, producers, copyright holders and others working in the music industry will find this an indispensable and easy-to-use resource for navigating all aspects of music copyright. It will also be of interest to academics and students of copyright law for its discussion of contemporary issues such as technology and enforcement.Trade Review‘Bosher adopts an easy-to-follow approach for the reader, when she identifies eight myths about copyright. Busting the myths approach is just one of the many strengths of Copyright in the Music Industry. The tone of the book remains easily accessible and understandable throughout, and legal concepts are clearly explained.’ -- Metka Potočnik, Wolverhampton Law Journal‘An accessible primer on ever-evolving issues of copyright in the music industry from a rising scholar.’ -- Jonathan Zittrain, Harvard Law School, US‘Hayleigh Bosher’s new book is a wonderful addition to the library of any professional working in or having to deal with the copyright field and the legal issues it presents. The clear and user-friendly tone makes the book accessible to professionals from all backgrounds without distracting from the technical and intellectual rigour and depth of research. In sum, Copyright in the Music Industry is a must-read for all those working at the crossroads of these two worlds.’ -- Eleonora Rosati, Stockholm University, Sweden and Bird & Bird, Milan, Italy'Dr Hayleigh Bosher has done the impossible: write a book on copyright in the music industry that is both practical and readable. As a life-long musician and copyright lawyer for 38 years, this accomplishment cannot be overstated. I expect that the principal audience -- as it should be -- will be musicians themselves. For them, the book will provide all the background and details necessary to use the law in a way that we all want -- to protect and further creativity. Brava.' -- - Bill Patry, Senior Copyright Counsel, Google Inc., USTable of ContentsContent: Foreword I David Martin Foreword II Andrea Martin Foreword III Scott Farrant Preface Key terms Copyright in the Music Industry playlist PART I MUSIC AND COPYRIGHT 1. Why copyright matters in music 2. What is copyright? 3. Copyright in a song 4. What copyright gives you 5. What copyright does not give you PART II MANAGING MUSIC COPYRIGHT 6. Who owns the copyright? 7. Roles and relationships 8. Contracts 9. Licensing 10. Social media PART III INFRINGEMENT 11. What is copyright infringement? 12. Who copied my song? 13. Inspiration or infringement 14. Sampling 15. Counterfeit goods PART IV ENFORCEMENT 16. Starting a copyright infringement claim 17. Where to make a claim 18. Evidence and musicology reports 19. Remedies 20. Online enforcement PART V LOOKING TO THE FUTURE 21. Artificial intelligence and music 22. Blockchain in the music industry Index

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Book SynopsisThis Research Handbook inspires a new vision of contracts, with practical illustrations of how they should be designed, rather than just drafted. The contributors offer a proactive approach, merged with innovative design, to show how contracts can be both user-friendly and legally functional. This ground-breaking work goes beyond the initial drafting and formation of contracts to cover implementation and integration with business infrastructure – including digital processes. Drawing on a multi-disciplinary perspective, it highlights all aspects of the contract lifecycle, using both theoretical and practical scenarios. As well as improved design and communication, the Handbook takes a creative view of the role of emerging technologies, including AI, and how they can increase contract functionality and visualisation. The goals are simplification, clarity about rights and obligations, and the prevention of unnecessary legal problems. Providing an up-to-date analysis of current trends in contract design thinking and practice, this Handbook will be an excellent resource for contract and legal professionals, scholars and practitioners. Entrepreneurs, procurement and sales managers, information designers and technologists will also find the forward-thinking, human-centred approach in this book illuminating and informative. Trade Review‘This volume arrives at a time when dissatisfaction with traditional legalistic forms of contract drafting, and the possibilities of more innovative user-centred modes of contract design, are on the rise.New sub-disciplines often arise through new interactions between established disciplines and contract design is no exception. The inclusion of information designers, alongside leading contracts scholars, is therefore an important positive feature. There is also jurisdictional diversity with chapters outlining developments from Europe, North America, Africa, Asia and Australasia. Contributions from innovative contract design practitioners and consultants further enrich the perspectives in the volume.A key challenge with edited collections is often to capture the range of activity and diversity of voices within a coherent message to readers. The editors have done this admirably and the contributions all show facets of the transformatory potential of contract design, and the reimagination of contracts from mere clarification and risk management documents into processes and outcomes that facilitate understanding, agency and ongoing collaboration for contract users.’ -- Michael Doherty, University of Lancaster, UK‘This Research Handbook is a remarkable effort from a team of top researchers from multiple disciplines to promote contract design. The contributors emphasize that contracts are not only legal tools for lawyers to manage legal risks of their clients, but primarily business tools that create win-win outcomes. Promoting a fresh user-centric approach to make contracts better by design for all stakeholders in the contracting community, this book is recommended to everybody who drafts, designs or implements contracts in business.’ -- Soili Nystén-Haarala, University of Lapland, Finland‘This Research Handbook is a treasure trove of cutting edge research on contract design. With its wide range of topics, the book provides one-stop shopping for all stakeholders in the design process–lawyers, managers, designers, and others who are interested in a user-centric approach to better contracting.’ -- George J. Siedel, University of Michigan, USTable of ContentsContents: Preface xii PART I RETHINKING CONTRACTS: FROM DRAFTING TO DESIGN 1 The many layers and dimensions of contract design 2 Marcelo Corrales Compagnucci, Helena Haapio and Mark Fenwick 2 ‘Contracts are just words’ 19 Tim Cummins 3 Reframing contract design: integrating business, legal, design, and technology perspectives 33 Thomas D Barton, Helena Haapio, Stefania Passera and James G Hazard 4 Designing contracts for human readers 55 Robert Waller 5 Functional or dysfunctional? The language of business contracts in English: an update 75 Christopher Williams 6 Contract transformation: merging drafting and design to meet the needs of human readers 92 Stefania Passera, Emily Allbon and Helena Haapio PART II WHY CONTRACT DESIGN MATTERS: RETHINKING THE BUSINESS AND LEGAL PURPOSE AND FUNCTIONS OF CONTRACTS 7 Rethinking legal requirements: a case study of incomprehensible consumer contracts in the United States 114 Wendy E Wagner 8 Contractual processualization: designing proactive contractual processes to support legal, technical and commercial purposes 134 René Franz Henschel 9 The functional contracting framework: assessing the impacts of contract functions, framing and regulatory focus 158 Anna Hurmerinta-Haanpää 10 Genre blending and contract design 180 Tarja Salmi-Tolonen 11 Contract design beyond the hype: measuring the value 199 Marie Potel-Saville and Mathilde François Da Rocha PART III DESIGNING BETTER CONTRACTS FOR BUSINESS AND LEGAL PURPOSES 12 Contracts and the human factor – hidden fears and tears or mutual success? 221 Tuula Pere 13 Prevention and promotion approaches to contracting: implications for negotiator focus and contract frames on exchange performance and relationships in the digital age 239 Beverly Rich, Libby Weber and Christopher W Bauman 14 Contract simplification – a user-centered approach to contract structure design 258 Milva Finnegan 15 Simple contracting for every step of collaboration/innovation 275 Deepika Jeyakodi and Mirjam E Ros 16 Business contract design via Contract Management operationalized methodology 294 Suvi Hirvonen-Ere PART IV WHEN TEXT ALONE IS NOT ENOUGH: VISUAL CONTRACTS 17 Facilitative contracts with visuals and comics: access to justice and steps for the future 315 Su-Hsien Lee and Camilla Baasch Andersen 18 Employment agreements in comic book form – what a difference cartoons make … 329 Camilla Baasch Andersen and Robert de Rooy 19 Image analysis as a visualization tool – translating contracts into comics 347 Eliisa Pitkäsalo, Anne Ketola, Vaula Haavisto and Laura Kalliomaa-Puha 20 Interpreting images in contracts 365 Vesa Annola, Helena Haapio and Merja Koskela PART V WHAT DOES THE FUTURE HOLD? DESIGNING FOR HUMANS AND MACHINES 21 Simplification and automation: the chicken and egg of contract design? 383 Verity White 22 Engineering consent: using technology to create informed consumers 401 Eliza Mik 23 Digital technology, future lawyers and the computable contract designer of tomorrow 421 Marcelo Corrales Compagnucci, Mark Fenwick and Helena Haapio Index 445

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Book SynopsisOne of the major effects of the continual process of European integration is the growing importance of transnational institutions and the accompanying legal harmonization. Such institutional changes have led to a seemingly irreversible transformation in public decision making, whereby power at the national level is displaced to the European and regional levels. This essential book provides a law and economics analysis of the challenges arising from these shifts in authority.The process of harmonization is investigated from a normative point of view, in order to examine whether a uniform legal framework should be promoted. On the positive side, the goal is to assess the efficiency of this process and its impact on public policies. The authors then turn to applied issues and propose an agenda for future research. The book comprehensively covers both private and public law, as well as applied and theoretical issues. The authors analyse the legal debate from a new political economy perspective, offering diverse and sometimes contrasting views.The Economics of Harmonizing European Law highlights the debate between competition and harmonization which will be sure to shape the future of Europe. It should be read by students and scholars of law and economics, and European policymakers. It will also provide a valuable reference in the field of law harmonization for law practitioners.Table of ContentsContents Preface Introduction: The economics of the constitutional moment in Europe Jean-Michel Josselin and Alain Marciano PART ONE COMPETITION AND HARMONIZATION 1 Regulatory competition or harmonization of laws? Guidelines for the European regulator Roger Van den Bergh 2 How to predict the differences in uniformity between different areas of a future European private law? An evolutionary approach Jan M. Smits 3 Legal culture as (natural?) monopoly Anthony Ogus 4 Judicial competition, legal innovation and European integration: an economic analysis Sophie Harnay and Isabelle Vigouroux PART TWO HARMONIZATION IN PRACTICE 5 European Union and public utility: a virtuous grouping? Lessons from the reorganization of Corsican external transport Thierry Garcia and Xavier Peraldi 6 The economics of harmonizing law enforcement Nuno Garoupa 7 Product liability and product safety in a federal system: economic reflections on the proper role of Europe Michael G. Faure 8 Vocational qualifications and the European labour market: the challenges and the prospects Jean-Baptiste Calendini and Christophe Storaï 9 Decentralized interregional cooperation in Europe Sylvie Graziani and Michel Rombaldi PART THREE COMPETITIVE DEMOCRACY AND THE FUTURE OF EUROPE 10 A Europe of variety, not harmonization Bruno S. Frey 11 Enlargement of the European Union and the Approximation of Law: lessons from an economic theory of optimal legal areas Dieter Schmidtchen, Alexander Neunzig and Hans-Jörg Schmidt-Trenz 12 Legal and economic principles for the common administrative law in Europe Jürgen G. Backhaus Index

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Book SynopsisBusiness between England and Germany has flourished in recent years and looks set to continue to develop in coming years. This collection examines the legal framework of joint ventures between English and German companies. It addresses the laws in these two countries and draws helpful comparisons between the two. The contributions point out pitfalls that lawyers who are not familiar with both German and English law are likely to overlook and which may cause major problems when joint venture companies are established. This book consists of four parts. Each of these has been written by a team of leading German and English lawyers. The authors are specialists in this field and the contributions are rich with their practical insights. The studies were presented at the 1999 Anglo-German Law Conference in Oxford,organised under the auspices of the Oxford Law Faculty, with the support of three leading English and German Law firms. The first part deals with the formation of a joint venture company. It discusses the types of companies which are usually used to establish joint ventures as well as the rights and obligations of members. It also addresses the law and legal practice relating to memoranda of understanding, warranties and indemnities, joint venture agreements, and the valuation of contributions. The second part concerns the management of joint venture companies. It analyses how shareholders can influence management decisions, the rights and obligations of directors and parent companies, as well as the legal position of minority shareholders. This part also describes the relevant laws protecting employees. The third part addresses European Union as well as English and German competition law. It considers the circumstances which trigger merger control mechanisms and presents two illuminating case studies. The last part deals with the termination of joint ventures. It presents and analyses several popular termination clauses including Russian Roulette, pre-emption rights, and rights of first refusal. This collection will be indispensable to practising lawyers and in-house counsel whose practice touches on Anglo-German business affairs. It will also be of real interest to legal academics concerned with European commercial or comparative law. Contents I. Some Comparisons Between Common Law and Civil Law by Gerhard Dannemann II. Structuring the Joing Venture by Ian Hewitt and Prof Dr Gerhard Picot III. Protecting the Various Interests in the Joint Venture by David Kershaw and Dr Wolfgang Witz IV. Joint Ventures Under EU and National Competition Laws by Jochen Burrichter, Rod Carlton, Dr Thorsten Mager and Alison Byrne V. Termination of the Joint Venture by George Goulding, Dr Hans-Jurgenn Hellwig, Tim Boxell and Bonnie CostelloeTrade ReviewThis book is...highly recommended to practising lawyers and in-house counsel whose practice is in the area of Anglo-German business affairs. Academics and students with a legal interest in relation to EU, European commercial or comparative law should also find this book a useful resource for study and research. However, this book should not be limited to those with a legal background. It is also recommended to business academics and students who are in international businesses, particularly in England and Germany. Nga Pham International Trade and Business Law Review Volume 9, 2005 Written by specialists, including members of leading English and German law firms, the text provides a richly textured insight into the nature and operation of joint ventures underpinned by an informed commentary as to the distinctive considerations brought to bear under two highly developed systems of law. It is to be hoped that the forgoing gives an idea of the exhaustive range of issues covered by this book and will encourage it to be read. The editing has ensured that each section forms an integrated whole and one does not have to untangle the overlaps and gaps that often mar collections of conference papers. The flyleaf claims that the collection will be indispensable to practicing lawyers and of real interest top legal academics. This is a justified claim and one looks forward to the publication of the papers given at the second Anglo-German Law Conference which addressed Mergers. Nicholas Sinclair-Brown Cambridge Law Journal September 2002Table of ContentsSome comparisons between common law and civil law, Gerhard Dannemann: negotiating instruments, drafting agreements, substantive law differences, choice of law implications; execution of agreements; going to the courts. Structuring the joint venture, Ian Hewitt and Professor Dr Gerhard Picot: introduction; types of legal structures for joint ventures; international joint ventures - tax issues; negotiating and forming the joint venture; conclusions. Protecting the various interests in the joint venture, David Kershaw and Dr Wolfgang Witz: introduction; board and management structures; method of appointment and removal of directors; different board structures; methods of establishing board and management structures; position of subsidiary companies; position of management below board level; duties of directors; shareholder decisions; minority rights; enforcement of minority rights; legal rights of the minority; remedies available; expert adjudication; arbitration; employee protection; abbreviations. Joint ventures under EU and national competition laws, Jochen Burrichter, Rod Carlton, Dr Thorsten Mager and Alison Byrne: joint ventures under European Community competition laws; the treatment of joint ventures under the merger regulation; case analysis of joint ventures; treatment of joint ventures under Article 81 EC Treaty; UK competition law. Termination of joint venture, George Goulding, Dr Hans-Jurgen Hellwig, Tim Boxell and Bonnie Costelloe: introduction; formation of the joint venture; termination by change of ownership; termination by dissolution; doctrine of qualified factual group under German law; conclusion.

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Book SynopsisDirectives: Rights and Remedies in English and Community Law analyses the impact of EC Directives on national law, which has long been a problem and continues to be so - both in terms of interpretation and implementation. This book from barrister Richard Brent provides the reader with practical and invaluable insights on the legislative processes involved, the legal basis for adoption of Directives, the transposition and implementation of Directives.Table of ContentsPart I: Validity of Directives Chapter 1 General Introduction: the Legislative Competence of the Community; Chapter 2 Legislative Discretion Chapter 3 Legislative Procedures Chapter 4 Legal Basis Chapter 5 Legal Formalities Chapter 6 Substantive Legal Requirements Chapter 7 Challenging the Validity of Directives Chapter 8 Obtaining Damages from the Community Part II: Obligations of Directives Part A - Transposition and Implementation Chapter 9 General Introduction: the Nature and Scope of Obligations Chapter 10 Transposition Chapter 11 Implementation Chapter 12 Defences to Breaches of the Obligation to Implement Part B - Remedies for Breach of Obligations Chapter 13 Enforcing Obligations by Direct Action Chapter 14 Direct Effect; Chapter 15 Damages; Chapter 16 Restitution, Injunctions, Declarations Part III: Meaning of Directives Chapter 17 General introduction: the Function of Interpretation Chapter 18 Interpretation and the Court of Justice Chapter 19 Interpretation and the English Courts Chapter 20 The Duty to Interpret and the Meaning of National Legislation Chapter 21 References to the Court of Justice

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Book SynopsisCommercial Agents and the Law is a practical approach to the modern law relating to commercial agency agreements, a complete guide to the workings of the relationship between commercial agents and their principal within its domestic and European context. This book is a complete guide to the workings of the relationship between commercial agents and their principal within its domestic and European context. The common law rules governing the relationship between principal and agent were pretty well established and well understood by English lawyers when, in 1993, the Commercial Agents (Council Directive) Regulations were enacted. The 1993 Regulations implement EC Directive 86/653 on self-employed commercial agents. The 1993 Regulations, like the EC Directives, are not, however, a complete code of rules governing the relationship, so they have to co-exist with the pre-existing common law rules. Both sets of principles therefore have to be applied.Trade Review "...a leading textbook in the commercial agents’ field..."Mr Jasbir Dhillon QC, Computer Associates Ltd. v. The Software Incubator Ltd"...a leading textbook in the commercial agents’ field..."Mr Jasbir Dhillon QC, Computer Associates Ltd. v. The Software Incubator LtdTable of Contents1. General Introduction 2. Commercial Agents and Commercial Agency Agreements 3. Performance of the Commercial Agency Contract 4. The Commercial Agent's Remuneration 5. Termination of the Commercial Agency Contract and its Consequences for the Parties 6. Calculating the Termination Payments Due to the Commercial Agent 7. Competition Law 8. General Conclusion

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Book Synopsis“With the ever increasing number of claims against directors and officers, this book provides a very welcome addition to the bookshelves which hitherto have lacked books on this important area” - Alison Green, Chairman of the Trustees of the BILA Charitable Trust. This book scrutinises the origins and the rationale underlying D&O insurance, and provides answers to the question of protecting directors against the potential liabilities they may face. It provides clear understanding about D&O policies wording, exclusions and issues of misrepresentation. The information contained in this new book includes Nature and Legality of D&O Liability Insurance, D&O Exclusions, Directors’ and Officers’ Liability to Third Parties, Directors’ Liability at Civil Law, D&O: Defence Costs Cover and Allocation, Aggregation Principles and D&O Cover and the Reinsurance of D&O Policies.Table of ContentsChapter 1 Introduction to Liability Insurance Chapter 2 The Nature and Legality of D&O Liability Insurance Chapter 3 Persons Covered by D&O Insurance Chapter 4 D&O Exclusions Chapter 5 Sources of Liability and the Consequential Loss: D&O Covered Risk Chapter 6 Directors' and Officers' Liability to Third Parties Chapter 7 Directors' Liability at Civil Law Chapter 8 D&O Defence Costs Cover and Allocation Chapter 9 The Reinsurance of D&O Policies

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Book SynopsisPractice and Procedures of the Commercial Court is primarily intended as a reference for those who practice in the Court, it also sets those practices and procedures in context, including the Commercial Court’s history. It includes the principles and procedure for obtaining and discharging freezing injunctions and the procedures for The Court’s supervisory jurisdiction over arbitrations as well.Table of ContentsChapter 1. The Origin and Development of the Commercial Court Chapter 2. The Commercial Court Users' Committee Chapter 3. The Business of the Commercial Court, The Rules and Practice Directions and the Commercial Court Guide Chapter 4. Commencement of Proceedings and Statements of Case Chapter 5. Case Management Chapter 6. Pre-Trial Applications in the Commercial Court Chapter 7. Freezing Injunctions Chapter 8. Documents and Evidence in the Commercial Court Chapter 9. Trials in the Commercial Court Chapter 10. The Commercial Court and Arbitration Proceedings

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Book SynopsisCurrency fluctuation, currency wars and even potential currency collapse (the Euro, the Bitcoin) are all risks that commercial parties must consider and guard against. This book gathers together in one volume all the information and advice practitioners are likely to need when advising on, advancing or defending claims involving a foreign currency element.The determination of the proper currency (or currencies) of a claim often has a dramatic effect on the level of a court judgment or arbitration award that is ultimately obtained. It is, therefore, vital for practitioners to accurately assess claims which involve a foreign currency element. The authors guide the reader through the legal principles governing how foreign currency claims are treated in English law. The book covers both the treatment of foreign currency in substantive law as well as such procedural matters as how to claim interest correctly on a foreign currency claim and how to plead, prove or disprove the applicability of a particular currency. This book is an invaluable and essential resource for all lawyers involved in international commerce, but will be of particular interest to those engaged in international finance, commodity transactions, international shipping and transport, and the insurance of assets and liabilities abroad."Those who practise in this country need guidance in navigating the tricky waters that The Despina R unleashed. This excellent book provides that guidance."The authors "have been uniquely well placed to meet the challenge of analysing what is a perplexing body of jurisprudence, and to suggest principled answers to currency issues that have not yet been the subject of judicial decision. They consider not merely claims in contract and tort, but every type of claim that might raise an issue in relation to a foreign currency."The Rt Hon. The Lord Phillips of Worth Matravers, KG, PC, President of the Supreme Court of the United Kingdom, 2009-2012Trade Review"An excellent text in a field of great complexity... The text is comprehensive in seeking to cover a wide range of areas in which foreign currency issues may become relevant, and has been prepared by authors who are plainly well-suited to their task. The text will appeal to solicitors and barristers who need to argue these matters, but it also contains much discussion of real academic value."Charles Proctor Partner, Fladgate LLP"On any view, this is a most remarkable book… a well-researched, masterly study of a difficult subject. The authors tackle head-on practical problems concerning foreign currency claims in disparate areas of the law and, where appropriate, happily stick their necks out in expressing their views. Praise be to the brave. The result is a unique book which provides excellent and invaluable guidance for anyone concerned with claims in a foreign currency."Hon Sir Bernard Eder, The Law Quarterly ReviewTable of ContentsForeword, The Rt Hon The Lord Phillips of Worth Matravers Chapter 1: IntroductionChapter 2: Basic ConceptsChapter 3: Sterling: its Historical Role, and the Decline that Led to a Change in the LawChapter 4: The Euro ZoneChapter 5: The Change in English Law Introduced by Miliangos and its ForebearsChapter 6: ContractChapter 7: TortChapter 8: Restitution and Unjust EnrichmentChapter 9: The Law of Trusts and FiduciariesChapter 10: Claims Against Limited or Common FundsChapter 11: Set-offChapter 12: InterestChapter 13: Are currency exchange losses recoverable as damages?Chapter 14: Procedure and EvidenceChapter 15: Fiat Money, Legal Tender and Alternative Money

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Book SynopsisThe validity of a contract can be undermined by factors affecting contractual consent. Issues of contractual validity frequently arise for consideration in all types of litigation, not least commercial disputes. This book provides practitioners and academics with an invaluable reference tool, which will enable them to navigate the complex issues of vitiation of contract. When contractual disputes arise, there are a variety of vitiating factors which may be relied on to undermine a contract’s validity. This book provides a comprehensive examination of all the factors vitiating contractual consent from fraud, misrepresentation, non-disclosure, and mistake, to duress, undue influence, unconscionable bargains, and includes chapters on incapacity and unfairness. Each chapter gives a thorough account of the law on each of these vitiating factors, together with an overview of the remedies available. The book’s introduction considers the theoretical foundations of the law in this area. The book will be an invaluable reference tool for lawyers involved in all types of contractual disputes. It will also be a useful reference for academics and postgraduate students of commercial law.Table of ContentsChapter 1: Contracts, Consent and VitiationChapter 2: IncapacityChapter 3: DuressChapter 4: Undue InfluenceChapter 5: Contracts with Parties in a Weaker PositionChapter 6: MistakeChapter 7: Misrepresentation and DeceitChapter 8: Pre-Contractual Non-Disclosure

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Book SynopsisThis book provides a comparative English/US law study of the operation of facultative reinsurance contracts. Most of the reinsurance litigation in England and the US has involved this type of contract, and there are regular arbitrations and judicial proceedings in the leading common law jurisdictions to which this book will be relevant. The book is concerned with: • The legal nature of reinsurance agreements • The means whereby terms of reinsurance policies can be derived or incorporated from underlying insurances • The effect on reinsurance of judgments, awards and settlements against the reinsured • The operation of claims provisionsTable of ContentsChapter 1. Introduction to Reinsurance Contracts Chapter 2. The Nature of Facultative Reinsurance Chapter 3. Incorporation and the Full Reinsurance Clause Chapter 4. Specific Issues Relating to Incorporation Chapter 5. Incorporation in the Law of the United States Chapter 6. Settlement Clauses Chapter 7. The Scope of the Follow the Settlements Clause Chapter 8. Variations and Qualifications in Wording Chapter 9. Claims Provisions

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Book SynopsisThe unique features of the Lloyd’s Corporation and Market and their governing rules are complex and are often difficult to navigate even for the most seasoned practitioner. This book provides the reader with a definitive and detailed guide, and is essential for any practitioner dealing with Lloyd’s Insurance. After a brief historical account, the book provides a thorough legal description and analysis of Lloyd’s, which includes topics ranging from the constitution and membership requirements of Lloyd’s, UK and overseas regulation, the processes for placing and underwriting business and handling claims, chain of security, enforcement and disciplinary matters, compensation and the reconstruction and the renewal of the Lloyd’s market between 1990 and 1996. The book will be an invaluable reference tool for insurance practitioners and professionals dealing with Lloyd’s.Julian Burling is a barrister at Serle Court, and has been involved in advising on and implementing nearly all significant legal developments at Lloyd’s in the last 25 years.Trade Review"This is an excellent new book which deserves praise of the highest order: in its specialist field it makes a material contribution to the broadening of knowledge and understanding. It is a book which will serve the needs of many with an interest in the Lloyd's market and it may be said of any insurance library that does not have this book on its shelves that it is to that extent incomplete and deficient." - Journal of International Maritime Law (2013) 19"The author’s approach to the subject is comprehensive detailed and thorough. Yet the book is set out and composed in a clear, logical, readble and readily understandable style. It has already become an essential tool for practitioners dealing with Lloyd’s transactions." - Jonathan Goodliffe, solicitor for the British Insurance Law Association Journal (issue 127, 2014)Table of ContentsChapter 1. An Overview of the Current Lloyd's Market Chapter 2. A Brief History of the Lloyd's Market Chapter 3. Lloyd's- A Statutory Body Chapter 4. Members and Membership of Lloyd's Chapter 5. Regulation of Lloyd's Market under FSMA Chapter 6. Syndicates (1): Structure and Participation Chapter 7. Syndicates (2) Standard Agency Agreements Chapter 8. Managing Agents Chapter 9. Members' Agents Chapter 10. Lloyd's Brokers and other Agents of the Assured Chapter 11. Placing and Accepting Insurance at Lloyd's: Open Markets Chapter 12. Delegating Underwriting Chapter 13. Claims Process at Lloyd's Chapter 14. Accounts and Payment of Premiums and Claims Chapter 15. Supervision of Underwriting at Lloyd's Chapter 16. Capital Requirements Chapter 17. Financial Resources at Lloyd's (1): Syndicate Level Chapter 18. Financial Resources at Lloyd's (2): Member Level- "Funds at Lloyd's" Chapter 19. Financial Resources at Lloyd's (3): The Central Fund and Other Central Assets Chapter 20. Solvency Test Chapter 21. Accounts and Reporting Chapter 22. Taxation of Members Chapter 23. FSMA Part VII: Insurance Business Transfers to or from Members of Lloyd's Chapter 24. Enforcement Chapter 25. Dispute Resolution Chapter 26. Regulation of Members of Lloyd’s Overseas Chapter 27. Agency Department Chapter 28. Insolvency Procedures Chapter 29. The "Lloyd's Litigation"

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Book SynopsisThe ever-important topic of corporate legal responsibility is deconstructed into many multifaceted components in this fascinating Handbook, which systematically examines each in turn and describes the contemporary legal position.The Research Handbook on Corporate Legal Responsibility considers general theory and basic concepts such as corporate legal personality, the doctrine of attribution, corporate governance and directors' duties, and reviews the range of individuals to which corporations may be held responsible, particularly employees, suppliers, shareholders, 'stakeholders' and women. The substantive grounds for corporate responsibility under civil and criminal law within the North American and Commonwealth jurisdictions are evaluated, and mechanisms of accountability such as novel regulatory processes (interactive regulation, codes of conduct and social reporting), risk management and the significant role of non-governmental organisations are identified. The thought-provoking chapters contained within this Handbook go on to present perspectives on topical international questions (corruption, labour standards, human rights, environmental protection and sustainable development) including an analysis of recent initiatives from several international organisations. Bringing together the work of around thirty leading academics, practitioners, campaigners and policymakers from North America, Europe and Australia, each chapter locates these issues within a theoretical context, giving an overview of its historical evolution, providing an accurate account of the current legal position and identifying policy issues likely to influence future developments.Trade Review'What I liked in particular about the Handbook was that each chapter identified the issues within a theoretical context and then gave the historical perspective with an accurate account of the current legal position and set down clear markers on the issues likely to influence future developments in corporate responsibility.' -- Phillip Taylor, The Barrister'This book has drawn together a distinguished and international group of writers to provide a wide-ranging discussion of the responsibility of corporations to society in general, including discussion of the role of companies in promoting human rights, accomplishing sustainable development and "restoring and keeping public trust". The contributors put calls for "Corporate Social Responsibility" into its legal framework and provide a wide range of possible solutions to perceived weaknesses in the law. The authors are to be congratulated for adhering to the editorial mandate to provide information in a "succinct style which is comprehensible to the lay person as much as the well-informed". This work is an indispensable tool for anyone engaged in the "globalisation" debate. It gives valuable, international, multi-faceted insights on the current situation, on work-in-progress to create change and of the theoretical perspectives which inform both.' -- Janet Dine, Queen Mary College, University of London, UK'Finally a book that explores the legal considerations related to corporate responsibility, and does so from a global perspective with strong underpinnings of ethics. This book should prove a useful guide for those academics and managers interested in the historical and emerging legal framework that guides corporate decision making around responsibility.' -- Sandra Waddock, Boston College, US'This volume provides an invaluable collection of essays that consider diverse perspectives on the social responsibility of corporations. As such it provides a very satisfying and balanced combination of contributions that should be useful to any serious student - either in practice or academe - of the role of corporations in society.' -- David Crowther, London Metropolitan University, UKTable of ContentsContents: Foreword by Michael S. Baram Preface by Stephen Tully Part I: Theories and Concepts of Corporate Responsibility 1. The Theoretical Background: The Nature of the Actors in Corporate Social Responsibility Nicholas H.D. Foster 2. Comparative Corporate Governance Developments and Key Ongoing Challenges from Anglo-American Perspectives Bryan Horrigan 3. The Fiduciary Duties of Directors: A Proposal for Improving Corporate Governance in Latin America Cándido Paz-Ares 4. Directors’ Duties within the United Kingdom Rebecca Parry 5. Regulating the Approach of Companies towards Employees: The New Statutory Duties and Reporting Obligations of Directors within the United Kingdom Simon Goulding and Lilian Miles 6. Protecting Supplier Interests through English Company Law Christopher Ruane Part II: Substantive Grounds for Corporate Legal Responsibility 7. ‘Never Say Never Jurisprudence’: Comparative Approaches to Corporate Responsibility under the Law of Torts Stephen Tully 8. Corporate Criminal Responsibility Celia Wells 9. Corporate Criminal Liability in the United States Joseph F.C. DiMento and Gilbert Geis 10. Moral Indifference and Corporate Manslaughter: Compromising Safety in the Name of Profit? Simon Pemberton 11. Reforming the Doctrine of Attribution: A Canadian Solution to British Concerns? Darcy L. MacPherson 12. Sustainable Waste Management: The Challenge for Businesses in Wales Lorraine B. Frater Part III: Alternative Accountability Mechanisms 13. In the Dark All Cats are Grey: Corporate Responsibility and Legal Responsibility John Sabapathy 14. Whistleblowers: The Critical Link in Corporate Accountability Dana L. Gold 15. The Dutch Corporate Governance Code: Self-Regulation or Interactive Legislation? Jellienke Stamhuis 16. The Influence of NGOs on the Normative Framework for Business and Human Rights Rory Sullivan 17. The Interaction between Corporate Codes of Conduct and International Law: A Study of Women and Children in the Textile Industry Olga Martin-Ortega and Rebecca M.M. Wallace Part IV: Regional and International Initiatives Towards Corporate Legal Responsibility 18. A Multilateral Contribution to Corporate Standards of Behaviour: The ILO’s Declaration on Multinational Enterprises Kee Beom Kim 19. Corporate Environmental Liability within the European Union Catherine Wijnants 20. Corporate Responsibility: The UNEP Experience Monique Barbut and Cornis van der Lugt 21. Corporate Accountability: An NGO Perspective Craig Bennett and Helen Burley 22. International Aspects of Corporate Liability and Corruption Gemma Aiolfi and Mark Pieth Index

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Book SynopsisThe globalization of financial markets has attracted much academic and policymaking commentary in recent years, especially with the growing number of banking and financial crises and the current credit crisis that has threatened the stability of the global financial system. This major new Research Handbook sets out to address some of the fundamental issues in financial regulation from a comparative and international perspective and to identify some of the main research themes and approaches that combine economic, legal and institutional analysis of financial markets. Specially commissioned contributions represent diverse viewpoints on the financial regulation debate and cover a number of new and controversial topics not yet adequately addressed in the literature. Specifically, these include; financial innovation - particularly in the context of the credit risk transfer market, securitization and the systemic importance of the over-the-counter trading markets; the institutional structure of international financial regulation; and risk management and corporate governance of financial institutions. This Handbook will provide a unique and comprehensive resource for all those with an interest in this critical issue - including academic researchers in finance and regulation, practitioners working in the industry and those involved with regulation and policy. Contributors: K. Alexander, I. Alfon, I. Argimon, P. Bascunana-Ambros, T. Burns, A. Cornford, R. Dhumale, J. Eatwell, M. Fujii, I. Hasan, K.R. Ilmonen, E.J. Kane, M. Kawai, D. Masciandaro, D.G. Mayes, A. Nesvetailova, C. Papathanassiou, A. Persaud, D. Pesendorfer, G. Riccio, X. Roduner, C.A. Russo, A. Singh, M. WaismanTable of ContentsContents: Preface Introduction PART I: THE STRUCTURE OF FINANCIAL MARKETS AND THE ROLE OF REGULATION 1. The Nature of Modern Credit Markets, Banking and Financial Innovation Kern Alexander, John Eatwell and Avinash Persaud 2. The Shadow Banking System as a New Source of Financial Turmoil Tom Burns 3. Ethical Failures in Regulating and Supervising the Pursuit of Safety Net Subsidies Edward J. Kane PART II: BANK CAPITAL ADEQUACY REGULATION AND ITS EFFECT ON BANK BEHAVIOUR 4. The Determinants of Capital Held by UK Banks and Building Societies and the Role of Individual Capital Requirements Isaac Alfon, Isabel Argimon and Patricia Bascuñana-Ambrós 5. Considerations on Developing and Validating Expected Loss (EL) Methodologies Gianluca Riccio 6. The Basel Capital Rules and Trade Finance Andrew Cornford PART III: EUROPEAN FINANCIAL REGULATION AND CRISIS MANAGEMENT 7. Some Rules for Cross-border Banks in Europe David G. Mayes 8. Transatlantic Convergence of Financial Regulation: A European Perspective Klaus R. Ilmonen 9. The New Course of EU State Aid Rules during the 2007–09 Financial Crisis Costanza A. Russo 10. Globalisation and the Regulation of FDI: Recent Proposals Ajit Singh PART IV: CENTRAL CLEARING OF DERIVATIVES 11. Central Counterparties and Derivatives Chryssa Papathanassiou 12. The European Regulation of Central Counterparties: Some International Challenges Kern Alexander PART V: INSTITUTIONS, MARKETS AND CRISIS MANAGEMENT 13. Lessons from Japan’s Banking Crisis – 1991 to 2005 Mariko Fujii and Masahiro Kawai 14. Determinants of Financial Supervision Regimes: Markets, Institutions, Politics, Law or Geography? Donato Masciandaro 15. Liquidity Illusions in the Global Financial Architecture Anastasia Nesvetailova 16. Governance in International Financial Institutions: The Case of the IMF Xenia Roduner 17. Foreign IPOs: The Experience of Israeli Firms Iftekhar Hasan and Maya Waisman 18. International Regulatory Reform and Financial Taxes Kern Alexander and John Eatwell 19. Goodbye Neo-liberalism? Contested Policy Responses to Uncertain Consequences of the 2007–09 Financial Crisis Dieter Pesendorfer 20. Summing Up and the Challenges Ahead Kern Alexander Index

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Book SynopsisBiotechnology has prompted a revolution in science and society in the truest sense of the word. For what superficially appears to be a revolution in biotechnology, in effect touches upon the fundamentals of life and the way in which humans relate to it. This book will make a significant contribution to the debate surrounding the effective regulation of biotechnology. The contributing authors assess how regulatory regimes can accommodate the many different and often conflicting issues to which biotechnology is giving rise to (including a very tainted public image). The book's ultimate aim is to explore ways of designing a regulatory regime that takes heed of these different demands whilst, at the same time, answering to the imperatives of effectiveness and efficiency.The book synthesizes three fields of legal analysis; the first focuses on the risk-dominated regulation of GM food and bio-agriculture; the second involves human genetics as a field dominated by considerations of ethics. Finally, patent law has been chosen as an area captured by notions of property.With its holistic approach, The Regulatory Challenge of Biotechnology will be of great interest to academics, policymakers and regulators as well as biotechnology and law students.Trade Review'. . . a compilation of 12 invaluable contributions on this issue by internationally known experts in their respective fields. . . a valuable resource for academic professionals, policy makers and legislators, advocacy groups and scholars in legal and development studies. It is a storehouse of learning and practical knowledge for anyone interested in environmental policy, biosafety issues, biotechnology processes and associated regulatory constraints.' -- Marcelin Tonye Mahop, Review of European Community and International Environmental Law'For bioethicists, legal scholars and regulators struggling with what controls to place on biotechnology, this is required reading.' -- John Avellanet, Journal of Commercial BiotechnologyTable of ContentsContents: Foreword PART I: GENERAL PERSPECTIVES ON BIOTECHNOLOGY REGULATION 1. Regulating Biotechnology: Lessons from Environmental Policy Neil Gunningham 2. Rethinking Regulatory Governance for the Age of Biotechnology Colin Scott PART II: REGULATING HUMAN GENETICS 3. Red Lights and Rogues: Regulating Human Genetics Roger Brownsword 4. An Abstract Approach to the Regulation of Human Genetics: Law, Morality and Social Policy Justine Burley PART III: GMOs AND AGRICULTURAL BIOTECHNOLOGY: REGULATING RISK 5. Constructing Risks: GMOs, Biosafety and Environmental Decision-Making Paul Street 6. Legal Framework and Political Strategy in Dealing with the Risks of New Technology: The Two Faces of the Precautionary Principle Wolfgang van den Daele 7. Regulating GM Food. Three Levels, Three Issues Bernd van der Meulen 8. Restrictions on the Cultivation of Genetically Modified Organisms: Issues of EC Law Sara Poli 9. A Tale of Two Commons: Plant Genetic Resources and Agricultural Trade Reform Mary E. Footer PART IV: REGULATING BIOTECHNOLOGY THROUGH THE PATENT SYSTEM 10. Should we Regulate Biotechnology through the Patent System? The Case of Terminator Technology Graham Dutfield 11. Patents, Patients and Consent: Exploring the Interface between Regulation and Innovation Regimes Graeme Laurie 12. Reshaping Bio-patents: Measures to Restore Trust in the Patent System Geertrui Van Overwalle Index

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Book SynopsisThis book presents a thoughtful inquiry into the nature and rationale of corporate governance. The authors address fundamental questions including; What is the balance between ownership and control?; For whose interests should the company be run?; What is the institutional balance between shareholders, directors and other potential stakeholders, including the economy?Professor Dine and Dr Koutsias consider how these issues are dealt with by the jurisprudence of three major and greatly influential jurisdictions; the USA, the UK, and Germany, and also reflect on why and how the current corporate governance context in some states is defined by social, political and historical developments. The authors argue that corporate governance is crucial for the identity of each country. What is revealed in the work is that when national corporate governance is thriving it allows space for democracy to flourish.Corporate governance scholars, policy makers, LLM and LLB students of company law and corporate governance, NGOs involving issues of inequality, poverty and democracy will find this important book an insightful resource.Contents: Preface 1. Corporate Governance Global Economics: The Neo-liberalism Paradigm 2. The Reasons for Convergence and Divergence 3. The United States of America 4. The United Kingdom 5. Germany 6. Conclusion: The Importance of the Existence of National Systems of Corporate Governance References IndexTable of ContentsContents: Preface 1. Corporate Governance Global Economics: The Neo-liberalism Paradigm 2. The Reasons for Convergence and Divergence 3. The United States of America 4. The United Kingdom 5. Germany 6. Conclusion: The Importance of the Existence of National Systems of Corporate Governance References Index

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Book SynopsisIn this thorough and enlightening book, the authors examine the role of law in developing the large financial markets necessary for national economic success. They discuss the basic foundational law of contracts, property and tort, corporate law, and securities law, providing both a broad theoretical and empirical case for its value in financial markets. The book begins with an historical analysis of the law's development, reviewing the legal governance of corporate finance with an emphasis on the development of US securities law in the twentieth century. Also provided is an extensive empirical analysis of the law's effect. A unique benefit of the book is its integration of all the relevant aspects, rather than examining them in isolation. Chapters cover the role of law in corporate finance, behavioral and empirical analyses, as well as current controversies in law and corporate finance. Ultimately, the book is a defense of the economic value of the law in the United States and throughout the world.Students and scholars of business and law will find much of interest in the authors' comprehensive study of the rule of law in today's financial markets.Trade Review'Frank Cross and Robert Prentice have written a quite useful and very clear analysis and review of the interplay between law and corporate finance.' -- Mark Roe, Harvard University Law School, US'In this impressive and ambitious book, the authors explore the role of the law in advancing the economic wellbeing of a society. Three tiers of legal regulation of business enterprises and of equity markets are examined: basic foundational law of contracts, property and tort; corporate law; and securities law. The classical economic case for government intervention on the grounds that it can enhance trust, reduce transaction costs and contribute to valuable network externalities is clearly and cogently outlined. There is also a thoughtful account of behavioural analysis of law and corporate finance. New empirical evidence is presented alongside a useful review of studies conducted by other scholars. Complementing the economic, behavioural and empirical analyses, the book also provides a concise history of the development of the law governing corporate finance. Having examined corporate finance law from these different standpoints, in the final chapter the authors draw upon their deep understanding of the subject to provide a new perspective on current controversies. A great virtue of this book is that it covers a great deal of material in a concise, lucid and stimulating manner. The fresh and rigorous analysis also stands out. There is much here that will be of value to students and scholars.' -- Eilis Ferran, University of Cambridge, UKTable of ContentsContents: 1. The Role of Law in Corporate Finance 2. The Economics of the Law and Corporate Finance 3. Behavioral Analysis of Law and Corporate Finance 4. History of Law and Corporate Finance 5. Empirical Analysis of the Law and Corporate Finance 6. Current Controversies in Law and Corporate Finance Index

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Book SynopsisThis timely Handbook marks a major shift in innovation studies, moving the focus of attention from the standard intellectual property regimes of copyright, patent, and trademark, to an exploration of trade secrecy and the laws governing know-how, tacit knowledge, and confidential relationships. The editors introduce the long tradition of trade secrecy protection and its emerging importance as a focus of scholarly inquiry. The book then presents theoretical, doctrinal, and comparative considerations of the foundations of trade secrecy, before moving on to study the impact of trade secrecy regimes on innovation and on other social values. Coverage includes topics such as sharing norms, expressive interests, culture, politics, competition, health, and the environment.This important Handbook offers the first modern exploration of trade secrecy law and will strongly appeal to intellectual property academics, and to students and lawyers practicing in the intellectual property area. Professors in competition law, constitutional law and environmental law will also find much to interest them in this book, as will innovation theorists.Contributors include: R.G. Bone, C.M. Correa, R. Denicola, R.S. Eisenberg, V. Falce, H. First, J.C. Fromer, G. Ghidini, C.T. Graves, M.A. Lemley, D.S. Levine, D.E. Long, M.L. Lyndon, M.J. Madison, F.A. Pasquale, J.H. Reichman, M. Risch, P. Samuelson, S.K. Sandeen, G. Van Overwalle, E. von Hippel, D.L. ZimmermanTrade Review‘Rochelle Dreyfuss and Kathy Strandburg have assembled a star-studded cast of contributors for this new and welcome volume. Good academic works about trade secret law have been about as elusive as trade secrets themselves. This volume offers a wonderful contribution to the literature, and will certainly inspire much-needed further research in the area, both in the U.S. and elsewhere.’ -- Mark Janis, Indiana University, US‘Trade secret law is often seen as the “Cinderella” of intellectual property law, at least by scholars. But it is hugely important. This volume shows why. Trade secret law provides a window into so many areas of legal thought, and implicates a wide array of public policies. The editors have brought together a diverse set of challenging contributions, which highlight this breadth. Drawing on theory, history, and doctrine, collectively they comprise one of the most wide-ranging and provocative treatments of the field. The volume not only is essential reading for scholars tackling the role of trade secrets in our economy, but also offers important insights for anyone interested in intellectual property law more generally.’ -- Graeme B. Dinwoodie, University of Oxford, UKTable of ContentsContents: Introduction Rochelle C. Dreyfuss and Katherine J. Strandburg PART I: FOUNDATIONS 1. Trade Secrecy in Willy Wonka’s Chocolate Factory Jeanne C. Fromer 2. The Restatements, the Uniform Act and the Status of American Trade Secret Law Robert Denicola 3. Trade Secrecy, Innovation and the Requirement of Reasonable Secrecy Precautions Robert G. Bone 4. Trade Secrecy and Common Law Confidentiality: The Problem of Multiple Regimes Charles Tait Graves 5. The Surprising Virtues of Treating Trade Secrets as IP Rights Mark A. Lemley 6. Trade Secrets as Intellectual Property Rights: A Disgraceful Upgrading – Notes on an Italian ‘Reform’ Gustavo Ghidini and Valeria Falce 7. Trade Secret Law and Information Development Incentives Michael Risch PART II: SECRECY AND SHARING 8. How Trade Secrecy Law Generates a Natural Semicommons of Innovative Know-how Jerome H. Reichman 9. Open Innovation and the Private-collective Model for Innovation Incentives Eric von Hippel and Georg von Krogh 10. Open Secrets Michael J. Madison 11. Uncorking Trade Secrets: Sparking the Interaction between Trade Secrecy and Open Biotechnology Geertrui Van Overwalle PART III: IMPACT ON OTHER PUBLIC POLICY ARENAS 12. First Amendment Defenses in Trade Secrecy Cases Pamela Samuelson 13. Trade Secrets and the ‘Philosophy’ of Copyright: A Case of Culture Crash Diane Leenheer Zimmerman 14. Trade Secrets and Antitrust Law Harry First 15. The Troubling Consequences of Trade Secret Protection of Search Engine Rankings Frank Pasquale 16. The Impact of Trade Secrecy on Public Transparency David S. Levine 17. Trade Secrets and Information Access in Environmental Law Mary L. Lyndon 18. Data Secrecy in the Age of Regulatory Exclusivity Rebecca S. Eisenberg PART IV: INTERNATIONAL ISSUES 19. Trade Secrets and Traditional Knowledge: Strengthening International Protection of Indigenous Innovation Doris Estelle Long 20. The Limits of Trade Secret Law: Article 39 of the TRIPS Agreement and the Uniform Trade Secrets Act on which it is Based Sharon K. Sandeen 21. Test Data Protection: Rights Conferred Under the TRIPS Agreement and Some Effects of TRIPS-plus Standards Carlos M. Correa Index

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Book SynopsisThe 4th edition of this text offers practical information on identifying potential amendments and is written in a highly accessible format, standard lease terms are cited on one page with the relevant commentary given on the opposite. Negotiating tips are included assisting practitioners to develop negotiating tactics and arguments.

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