This book provides a highly accessible yet practical guide to all aspects of arbitration, from the drafting of an arbitration agreement through to the award, including enforcement and appeals. Being comprehensive in its approach, every stage of the arbitral process under the Arbitration Act 1996 is covered including a separate chapter covering special types of arbitration such as consumer schemes and arbitrations under statute. Written in simple non-legalistic language and intentionally general in its coverage, it should be of relevance to arbitration matters whatever trade or profession practised.

The ICC Rules of Arbitration constitute one of the world's oldest and most widely used sets of rules for the resolution of international commercial disputes. In 1998, shortly after the entry into force of the current version of the Rules, the First Edition of this book appeared and quickly became an indispensable resource for all those involved or interested in ICC arbitrations, including arbitrators, counsel, and parties. In this updated and revised edition, the authors two of the world's leading experts on ICC arbitration have revised the Guide in order to take stock not only of the evolution in ICC practice over the last seven years, but of new arbitral and judicial decisions bearing on the interpretation and application of the Rules and of developments in international arbitration practice generally. The Guide s notable features include: article-by-article commentary on the ICC Rules, enriched by the authors personal involvement in their drafting and years of experience as arbitrators, counsel, and former Secretaries General of the ICC International Court of Arbitration; ample and greatly expanded references, in respect of the Rules individual provisions, to relevant national court judgments and arbitral awards, together with extensive bibliographical sources; and up-to-date statistics on ICC arbitration and copies of all ICC rules on dispute resolution mechanisms in addition to arbitration. A truly comprehensive reference work on ICC arbitration practice, the Second Edition of the Guide will be of immeasurable value to corporate counsel, international lawyers, and business people, as well as to all those interested in the international arbitration process.

It has been clear for some time that commercial law has been undergoing a "transnationalization" process, with various sets of rules (often referred to collectively as Lex mercatoria or the New Law Merchant) supplanting national and local laws governing the mechanisms by which cross-border agreements are entered into and disputes settled. In order to clarify the nature and extent of this process, a scientific survey, sponsored by the Volkswagen Foundation and using empirical methodology, was designed by a Research Team from the Centre for Transnational Law (CENTRAL) of Munster University, Germany. A questionnaire was sent out to more than 2,700 practitioners from major companies and international law firms in 78 countries asking for the addressees' experience with transnational law in international contract negotiations, contract drafting, and international commercial arbitration. The results of this enquiry, along with analysis and commentary from several well-known authorities in the fields of international commercial arbitration and private international law, were presented at a conference in Munster on May 4 and 5, 2000. This book is a record of that conference. "The Practice of Transnational Law" provides a comprehensive and realistic evaluation of how transnational commercial law is used in international legal practice today. The contributions of the speakers - including Yves Derains on the CC Arbitration Rules and Michael Joachim Bonell on the UNIDROIT Principles, as well as commentary by Emmanuel Gaillard, Friedrich K. Juenger, Norbert Horn, and Klaus Peter Berger - add an insightful and lively dimension to the empirical data presented in the annexes. Commercial law practitioners and business people all over the world should appreciate the new level of discussion initiated by this book.

As more and more transnational businesses invest in China, the spectre of commercial disputes looms larger and larger. This book, a deeply knowledgeable introduction to the law and practice of commercial dispute settlement in today's China, is especially valuable because such disputes raise a plethora of issues that challenge the expertise of non-Chinese lawyers. Written by senior lawyers with rich practical experience in China, "Duelling with Dragons" uses a hypothetical scenario to highlight the kinds of disputes that can arise in the course of initiating and operating a Chinese joint venture. After introductory chapters setting out the background and the disputes facing "Ricepower" and its investors, subsequent chapters deal with an overview and evaluation of the various options available to the parties to resolve their conflicts. These include such mechanisms as the following: arbitration inside China; arbitration outside China; litigation in the People's Courts; administrative appeals; and investor-state arbitration. Specialized themes include intellectual property disputes, employment and labour disputes, criminal law aspects of business disputes, and enforcement of dispute outcomes both inside China and abroad. The book also features a detailed table of legislation and cases, and statistics on arbitration and litigation in China. With its practical, problem-solving approach, "Duelling with Dragons" provides corporate counsel, international lawyers, and business people, as well as students of dispute resolution, with a realistic picture of dispute settlement practices in business transactions in China today.

In the event that damage is caused as a result of the Year 2000 problem, who will be responsible for compensating the victims of such damage? Should the developers, vendors or licensors of non-compliant software be held liable if their products do not continue to function correctly through the change in the millennium? Should those who provide "fixes" to the Bug which do not work properly be accountable for damage caused? Do end-users have a duty to ensure that their software is Year 2000 compliant? These questions, among others, will not be answered fully until the courts have had an opportunity to rule upon disputes which will no doubt arise. Other matters to be considered include the type of agreement that has been entered into between the parties, which rules will therefore apply and what defences, if any, may be available to the defendant. Insurance is also a big issue. Many insurance companies are stating that damage resulting from the Millennium Bug will not be covered by existing policies, and defences such as force majeure and act of God have been raised. What will happen when these issues come to litigation remains to be seen. This special issue of the "Comparative Law Yearbook of International Business" discusses the legal implications of the Millennium Bug in various countries. It describes the way in which agreements relating to software are viewed by different jurisdictions and the possible attribution of liability for damage caused by the Bug.

This yearbook reviews significant legal developments in international commerce and offers an important forum for legal practitioners to address and compare practical legal issues of direct interest to their areas of specialization. Each volume of the yearbook features a comprehensive range of articles written for and by leading practitioners and advisers working within the international business sector. The topics covered in Volume 17, the new volume for 1995, range from the ethical issues for lawyers involved in cross-border transactions to insider trading. Several of the chapters make reference to the growing European Union (EU), with one chapter focusing particularly on the free movement of goods throughout the EU's Member States. Competition within the EU is also dealt with, the provisions of Articles 85 and 86 of the Treaty of Rome being of particular relevance due to the large amount of recent case law in this area. There is a large section dealing with company law matters, including the emergence and development of new types of corporation, privatization and the westernization of companies in countries such as China. The recovery of monies and the enforcement of judgments in this respect are always issues of high priority in business. The volume thus discusses these matters in a separate section on debt recovery. The remainder of the book is divided into parts dealing with finance and mergers and acquisitions, together with a general commercial law section. This yearbook has been prepared by specialist practitioners from all corners of the world for the use of international business lawyers and their clients.

Parties to Latin American commercial transactions have long needed a clear and detailed guide to the dispute resolution mechanisms and procedures available through the many relevant regional institutions that operate in South and Central America, Mexico, and the Caribbean. This incomparable book meets this need. In clear, non-expert English, it explains the different dispute resolution procedures of which companies and their counsel can take advantage in the course of doing business. The author pays close attention to the underlying treaties and protocols, some of which are not available in English. Among the many valuable resources provided are the following: an overview of regional and sub-regional institutions relevant to international dispute resolution; description of other institutions which provide investment guarantee protection and dispute resolution services, including the Multilateral Investment Guarantee Agency (MIGA), the Overseas Private Investment Corporation (OPIC), and the Inter-American Development Bank (IDB) and its sister institutions; insight into the way each institution is structured and how each legislates for its member states; analysis of substantive and procedural rights available to investors and states under the rules of each institution; and, details on how information can be obtained from the respective institutions for the purposes of further research. It also provides: rules of operation of supra-national/sitting courts and ad hoc tribunals, including the Inter-American Commission and Court of Human Rights, the Inter-American Commercial Arbitration Commission (IACAC), the Andean Court of Justice, the Caribbean Court of Justice, Mercosur's established arbitral tribunals and Permanent Review Tribunal, and the Central American Court of Justice; analysis of major Free Trade Agreements (FTAs), including the Group of Three Agreement, the US-CAFTA-DR, and the proposed Free Trade Area of the Americas (FTAA); investment protection afforded by Bilateral Investment Treaties (BITs) and Free Trade Agreements, with a country-by-country compendium of the BITs and FTAs signed by each; and discussion of regional initiatives of relevance to future policy-making. Especially valuable coverage includes information that has been dispersed and difficult to locate in English, such as details of MIGA's dispute mediation service and recent changes in Central American Common Market rules. As a complete and consolidated text on the bilateral, multilateral and sub-regional institutions that operate in Latin America and the Caribbean, International Dispute Resolution in Latin America: An Institutional Overview will be of great interest to corporate counsel, international lawyers, and business people, as well as to students of international dispute resolution and international affairs. Public officials in the region will appreciate the book's assistance in enabling them to decipher the institutional labyrinth which currently exists in Latin America.

This comprehensive, three-volume set focuses on the legal and business aspects of sports in the USA and abroad. The authors have presented the subject matter from a practical and pragmatic perspective, yet with analytical precision and attention to fine points of detail. This work is composed of five parts. Part I deals with the law and business of sports in the United States, with the primary emphasis on the legal aspects of professional sports. Part II deals with the internationalization of sports from various perspectives, principally North American team sports. In Part III the law and business of sports is explored in 18 foreign (from an American's standpoint) jurisdictions. Part IV treats the legal and, to some extent, business aspects of broadcasting and sports, both in the United States and in selected foreign jurisdictions. Finally, Part V focuses upon sports marketing in its variegated forms in the USA, as well as its international perspectives.

The rapid and continuing development of the Chinese economy and its markets has made business with China an integral component of the strategies of countless foreign companies, regardless of their size or form. However, in order to turn opportunities into successful enterprises, managers need a practical guide on the legal aspects of conducting business in China, and on the strategies for effectively circumventing unnecessary risks while simultaneously using the legal system to strengthen operations and protect interests. This remarkable book provides the necessary insight and guidance to devise a corporate strategy, and to tackle issues relating to common aspects of doing business with Chinese counterparts, investing in a Chinese enterprise, and engaging in business operations there. Drawing on expertise gained during eight years in China serving the legal needs of foreign companies, the author shows how many of the mistakes that foreign companies make can easily be avoided by conducting a proper due diligence and understanding how applicable laws work in practice. He clearly describes the opportunities and pitfalls exposed as a foreign investor engages with such elements of business in China as the following: * negotiating a detailed written contract; * performing a legal and commercial due diligence on a prospective partner; * resolving disputes through negotiation, arbitration or litigation; * establishing and enforcing trademarks, patents and other intellectual property rights; * investing in China; * considering the joint venture structure; * expanding through a merger or acquisition; * restructuring or liquidating an operation; * designing and implementing effective corporate governance; * retaining, managing and terminating employees; * arranging funds into and out of China; * ensuring both tax efficiency and tax compliance; and * avoiding criminal liabilities in the course of doing business. Whether seeking to source from China or to establish manufacturing facilities in China to produce for export, to sell products or services on the domestic market, or even just to act as a conduit between China and the outside world, business managers and their counsel from all over the globe and across all industries will benefit enormously from this deeply informed, insightful, and practical guide.

This deeply knowledgeable book provides a penetrating analysis and expert evaluation of matters of crucial concern to business lawyers -- including corporate governance, contract law, business liabilities, intellectual property, media, employment, taxation, investment, the legal profession, the judiciary, and much more -- as they are developing and intersecting in Japan today.
In the course of the detailed presentation, the author touches on such details of interest to those doing business in Japan as the following:
- status of foreign lawyers
- mergers and acquisitions and leveraged buyouts
- grounds for terminating contracts
- real estate transactions
- antimonopoly law and licensing guidelines
- IT and e-commerce law
- managing, disciplining, and terminating employees
- occupational safety and health
- labor union law
- corporation income taxation
- government programs offering low cost finance
- consumer protection laws
- litigation and alternative dispute resolution
One of the most valuable benefits of the author's approach is the keen insight offered into the tatemae (outward appearance) well known to frustrate and mislead foreigners in almost any dealings with the Japanese.

A comprehensive reference work intended for the business community, sports clubs, sponsors, international sports associations, sports administrators, agents, advertising agencies, sponsorship and marketing directors, licensing and mechandising executives and legal counsels. It covers in detail: sponsorship relationship (contract law); formalities of contract; tax aspects; exclusive arrangements; territorial restrictions; royalties; merchandising; licensing; copyright; trademark policing; advertising; television; video; intellectual property; distribution; insurance; competition law; franchising; packaging; arbitration; litigation; and broadcasting. It covers 26 European countries as well as EC aspects.

The renowned authors of this ECFR special volume systematically develop legal standards and regulatory frameworks for closed corporations in Europe (including of course the Societas Privata Europaea), putting a strong focus on the economic practice and efficiency. The profound, in-depth analysis of the objectives and strategies comes to groundbreaking insights and also offers specific solutions for a multitude of practical aspects.

Economic activity, Professor Qureshi insists, is a visible manifestation of the human condition. Therefore, the laws that regulate it and develop its norms must be deeply human. International economic law must be ever-vigilant in its efforts to represent the economic needs of all strata of humanity - it must not allow the cultural imperatives of any one group to predominate. To investigate the validity of this deeply-held conviction, in May 2001 Professor Qureshi and the University of Manchester School of Law brought together a conference of major IEL scholars to elicit as broad a diversity of perspectives as possible. This book, grew out of that conference, with contributors and other scholars focusing and augmenting their standpoints in essays that crystallize the critical perspectives from which IEL may be viewed. Issues and topics that arise in the course of the investigation include the following: globalization and its institutions; the survival of the nation-state; the role of the International Court of Justice; sustainable development; developing countries and dispute settlement; developing countries and trade negotiations; regional integration; human rights and the "untouchability" of IEL; and the gender bias of basic IEL institutions and rules. There are also clear presentations of specifically Marxist and Islamic perspectives, and an analysis along lines of "fairness" as developed by Thomas Franck and John Rawls.

Leasing is the financial tool of the future for Latin America. A study of the causes, the evolution and the dimension of the external debt problem in Latin American lead the author to conclude that the flow of petrodollars in the 1970's to the oil producing countries in South America did not result in a real investment or economic growth. Growth did not occur because the fragile cash structure that exists in South America can allow for a deviation of cash flow to uses different from those originally intended. This sort of deviation can not occur with leasing because leasing does not provide for delivery of cash but rather of tangible and productive assets, which can not be diverted from their intended purpose. An overview of the leasing business in Latin America, including a description of its role in modern life, its potential use as a tool to satisfy market demand, and its legal nature and regulations that govern it are analyzed herein. Equipment leasing has become the dominant and most feasible tool for effectivizing sales of capital goods, equipment, machinery and technological devices to Latin America.

The current theory of corporate social responsibility (CSR) is developing along three interwoven lines - oral, social, and environmental. Although everybody recognizes that although CSR is of growing concern in a globalized economy, it being at the top of the board of director's agenda and also good for business, there is no sign of consensus on its rules, structures, or procedures. Now, this collection of essays by leading jurists, businesspeople, and academics takes a giant step toward a more cohesive and durable set of principles that can contribute to a cleaner environment and a better society while respecting and protecting the interests of all stakeholders. The authors approach this complex but critical subject from a variety of perspectives, including the following: * the role of CSR in corporate governance; * the legal enforceability of CSR rules; * the impact of international human rights standards; * CSR as part of 'corporate DNA'; * choice of CSR strategy - defensive or offensive; * the need for fair competition between developing country exporters; * the prospects for international social protection for workers; * enforcement of minimal standards in remote locations; * the active search for eco-efficient solutions; * corporate assumption of human rights responsibilities; * the legal weight of codes of conduct; and * the role of the lawyer in CSR. In a world where the annual income of the five largest business corporations is more than double the combined GNPs of the fifty poorest countries, the need for meaningful standards of corporate social responsibility should be obvious. The well-informed and considered analyses in this remarkable volume provide an excellent starting point for those anxious to move the agenda forward in this area that, despite the efforts of many companies, often seems so intractable. The book will be of immeasurable value to all professionals and academics in relevant fields of law, policy, and business.

This volume contains sections on company law, dispute resolution, employment law, insolvency law, intellectual property law, taxation and finance and other general commercial issues. There are a number of chapters which tackle cross-border issues, such as taxation, jurisdiction and arbitration, while others concentrate on specific geographical areas, such as the Asia-Pacific region. Some authors explore problems in the workplace, including the reduction of the workforce and incidents of racial discrimination within it, issues of which all employers need to be aware. Also examined are those subjects which are ever-present in the life of a business, among them bankruptcy and insolvency, procurement, intellectual property, investment, contracts and other matters of company law. Other chapters comprise an in-depth look at the Vienna Convention on the "International Sale of Goods", a specialized discussion of patent second medical use claims, an explanation of how criminal sanctions are being applied to crimes against the environment, a report of the devaluation and dollarization of an economy and an interesting insight into the effects of a nation's culture and traditions upon its legal system. This volume of the yearbook contains chapters on a wide variety of issues which arise regularly in the commercial world, but it also contains discussions on more specialized topics. These will not only be of use to the practitioners and business people involved in those areas, but should be useful reading for those who are not and provide an introduction to subjects which they may find useful in the future.

The fields of insurance law and insurance economics have long and distinguished scholarly histories, but participants in the two disciplines have not always communicated well across academic silos. This Handbook encourages more policy-relevant insurance economics scholarship and more economically sophisticated legal scholarship by bringing together original contributions from leading scholars in both fields. The benefits of this inter-disciplinary approach are introduced and illustrated in four comprehensive sections: - Why and how do individuals purchase insurance? - The role of the state in insurance markets - The regulation of insurance - Insurance law in the courts. Overall, this Handbook synthesizes the insights of insurance economics with the flourishing body of economically oriented research in insurance law. As well as providing a new approach for scholars, the Handbook will prove a useful reference for insurance lawyers and insurance regulators owing to its policy relevant, practical approach. Contributors: K.S. Abraham, D. Asmat, R. Avraham, T. Baker, E.F. Brown, P.-A. Chiappori, M.F. Grace, S.E. Harrington, D. Jaffee, R.W. Klein, H.C. Kunreuther, J. Kwak, K.D. Logue, J.A. Nyman, M.V. Pauly, D. Schwarcz, P. Siegelman, C. Silver, R. Squire, S. Tennyson

This country-by-country guide to merger control law gives business people and their counsel helpful information needed to proceed confidently toward a successful transnational merger. For each of twenty major jurisdictions - including the USA, EU, China, India, Argentina, Brazil, Mexico, the Czech Republic, Vietnam and most EU countries - this book describes: procedure for antitrust clearance, if necessary; rules and criteria for approval; restrictions on merger dimensions; relevant market definition criteria; and ancillary restrictions. Whenever possible, actual national notification forms are reproduced so they may be prepared in advance. The authors, each an expert in the business law of his or her own country, offer practical advice on managing the transaction and avoiding pitfalls. A detailed general introduction highlights shared patterns, as well as distinctions, among the merger control regimes of the various jurisdictions.

In the past twenty years action in respect of the profits of crime has moved rapidly up the criminal justice agenda. Not only may confiscation orders be made,but there are also now serious substantive criminal offences of laundering the proceeds of crime. Moreover, the consequences of the regulatory regimes put in place by the Money Laundering Regulations 1993 and the Financial Services Authority are very significant. This book examines critically the history, theory and practice of all these developments, culminating in the Proceeds of Crime Act 2002, which marks another step in the move towards greater concentration both on the financial aspects of crime and on the internationalisation of criminal law. The Act puts in place the Assets Recovery Agency, which will be central to the strategy of targeting criminal monies and will have power to bring forfeiture proceedings without a prior criminal conviction and to raise assessments to taxation. The author subjects the law of laundering, especially the novel aspects of the Proceeds of Crime Act itself, to thorough analysis and a human rights' audit. Contents: Introduction; The Economics of Money Laundering; Theory: Justifications for Forfeiture, Confiscation, and Criminalisation; History of Forfeiture and Confiscation Provisions; The International Dimension; Forfeiture Provisions; Statutory Confiscation Provisions; Investigatory Powers; Beyond Confiscation - Criminalisation; Acquisition and Deployment of Money for Terrorism; Confiscation without Conviction - 'Civil Recovery'; Money Laundering and the Professions

This book provides a comprehensive guide to the scope of European Merger Control Regulations. It follows a practical approach, which is aimed at fulfilling the need for a straightforward, user-friendly introduction to the workings of merger control at European level. It is designed to provide the reader with the framework provisions, as opposed to a case-by-case analysis, thereby enabling those involved with mergers to understand more comprehensively how the regulations and the decisions of the Merger Task Force affect specific mergers, organizations and business. The scope and functions of the Merger Regulations are set out fully and step-by-step guides to the various procedures are provided. Information sources include the full text of the Regulations as amended, relevant Commission Notices, and details of the national authorities dealing with mergers. As the EU moves further towards the accomplishment of the internal market and as mergers of ever-increasing value take place, the Merger Regulations and the work of the Merger Task Force has become of heightened importance.

This book focuses on the restructuring of distressed businesses, emphasizing the need for new financing during the restructuring process as well as during relaunch, and examines the role of law in encouraging creditor confidence and incentivizing lending. It describes two broad approaches to encouraging new finance during restructuring: a prescriptive one that seeks to attract credit using expressly defined statutory incentives, and a market-based one that relies on the business judgment of lenders against the backdrop of transaction avoidance rules. Securing new financing for a distressed business is a critical part of successful restructuring. Without such financing, the business may be unable to meet interim liquidity constraints, or to implement its restructuring plans. This book addresses related questions concerning the place of new financing as an essential component of restructuring. In general terms, the book explores how statutory interventions and the courts can provide support with contentious issues that arise from the provision of new financing, whether through new financing agreements or through distressed debt investors, who are increasingly gaining prominence as sources of new financing for distressed businesses. It argues that courts play a key part in preventing or correcting the imbalances that can arise from the participation of distressed debt investors. In this context, it critically examines the distressed debt market in emerging markets like Nigeria and the opportunity presented by non-performing loans, arguing that the regulatory pattern of market entry may dis-incentivize distress debt investing in a market that is in dire need of financing. The book offers a fresh and comparative perspective on restructuring new financing for distressed businesses by comparing various approaches (primarily from the US, UK and Germany) and drawing lessons for frontier markets, with particular reference to Nigeria. It fills an important gap in international comparative scholarship and discusses a living problem with both empirical and policy aspects.